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Global Securities Litigation and Enforcement

$204.00 ( ) USD

Pierre-Henri Conac, Martin Gelter, Franklin A. Gevurtz, Stéphane Rousseau, Viviane Muller Prado, Eugenio J. Cárdenas, Michael Pucher, Ville Pönkä, Dirk A. Verse, Emmanuel P. Mastromanolis, Guido Ferrarini, Paolo Giudici, Loes Lennarts, Joti Roest, Mariola Lemonnier, Paulo de Tarso Domingues, Gheorghe Buta, Mónica Fuentes Naharro, Iris H.-Y. Chiu, Yuliya Guseva, Mirko Vasiljević, Jelena Lepetić, Jasna Vasiljević, Uriel Procaccia, Ferna İpekel Kayalı, Piet Delport, Umakanth Varottil, Syed Imad-ud-Din Asad, Rana Touseef Sami, Robin Hui Huang, Eiji Takahashi, Tatsuya Sakamoto, Aiman Nariman Mohd-Sulaiman, Kyung-Hoon Chun, Wang-Ruu Tseng, Olivia Dixon, Jennifer G. Hill
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  • Date Published: January 2019
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108651516
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  • Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.

    • Presents a decisive and unique debate on whether public or private enforcement is better in terms of development of securities markets
    • Includes a description of public and private enforcement of securities law for prospectus and secondary misrepresentation on securities markets from 29 jurisdictions worldwide
    • Provides insights into the recent and numerous developments of securities litigation
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    Reviews & endorsements

    ‘This book provides a unique view on the compensation of investors' losses in jurisdictions worldwide and is therefore of great interest to practitioners and supervisors.' Ashley Alder, Chief Executive Officer of the Securities and Futures Commission, Chairman of the Board of the International Organization of Securities Commissions (IOSCO)

    ‘Around the world the past two decades have witnessed significant strengthening of the legal protections afforded to investors in securities markets. The dynamic development of the field is reflected in this remarkable book, which provides a timely in-depth analysis of the enforcement of securities laws across 29 jurisdictions in all continents. Conac and Gelter have assembled leading country experts to give authoritative evaluations. This book enters a field where scholarship and practice work hand-in-hand enriching each other and helping to identify the legal strategies that can most effectively protect investors and is a fine addition to the canon.' Eilis Ferran, University of Cambridge

    ‘This is a most interesting book for investors, issuers, regulators and academics. It informs on how securities regulation is enforced in 29 jurisdictions on all Continents and what works better, public or private enforcement or best a mix of them. It seems that today there is more convergence than path dependency, a fascinating story not to be missed.' Klaus J. Hopt, Max Planck Institute, Hamburg

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    Customer reviews

    08th May 2019 by PhillipTaylor

    AN IDEAL NEW STATEMENT FROM CUP ON GLOBAL SECURITIES FOR PRACTITIONERS & ACADEMICS IN 21st CENTURY An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” Once again, Cambridge University Press (CUP) have excelled with their new title “Global Securities Litigation and Enforcement” edited by two professors: Pierre-Henri Conac and Martin Gelter. The book is rightly described as providing both a clear and an exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. The editors review 29 jurisdictions worldwide, all of which are important although the law in some jurisdictions is not well known. We consider that this book will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policymakers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law. It shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. For instance, while US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide. The editors are careful to cover the following points offering “a decisive and unique debate on whether public or private enforcement is better in terms of development of securities markets”. They also include a description of public and private enforcement of securities law for prospectus and secondary misrepresentation on securities markets from the selected 29 worldwide jurisdictions. In over 1100 pages which is split into 9 parts and 30 chapters, the editors have asked 37 contributors to provide insights into the recent and numerous developments of securities litigation. The result is a first-class contemporary statement in this highly specialised area of protection for investors, issuers, regulators and academics- you cannot be without it if this is your legal field! This book was first published as a hard back on 3rd January 2019.

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    Product details

    • Date Published: January 2019
    • format: Adobe eBook Reader
    • isbn: 9781108651516
    • contains: 16 b/w illus. 48 tables
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Preface Pierre-Henri Conac and Martin Gelter
    Part I. General Report:
    1. Introduction Martin Gelter
    Part II. The Americas:
    2. United States: the protection of minority investors and compensation of their losses Franklin A. Gevurtz
    3. Canada: the protection of minority investors and the compensation of their losses Stéphane Rousseau
    4. Brazil: the protection of minority investors and compensation for their losses Viviane Muller Prado
    5. Mexico: toward investor protection in global capital markets? The promise and challenges of Mexico's securities enforcement system Eugenio J. Cárdenas
    Part III. European Union:
    6. Austria: securities litigation and enforcement Martin Gelter and Michael Pucher
    7. Finland: protecting minority investors and compensating their losses Ville Pönkä
    8. France: the compensation of investors' losses for misrepresentation on financial markets Pierre-Henri Conac
    9. Germany: liability for incorrect capital market information Dirk A. Verse
    10. Greece: public enforcement and civil litigation in the Greek paradigm of minority investor protection Emmanuel P. Mastromanolis
    11. Italy: the protection of minority investors and the compensation of their losses Guido Ferrarini and Paolo Giudici
    12. Netherlands: protection of minority investors and the compensation of their losses Loes Lennarts and Joti Roest
    13. Poland: investor protection in the Polish capital market – selected issues Mariola Lemonnier
    14. Portugal: the legal framework of the Portuguese capital market Paulo de Tarso Domingues
    15. Romania: the protection of minority investors and the compensation of their losses Gheorghe Buta
    16. Spain: minority investors protection in Spain: civil liability remedies under securities law Mónica Fuentes Naharro
    17. United Kingdom: a confidence trick: Ex Ante versus Ex Post frameworks in minority investor protection Iris H.-Y. Chiu
    Part IV. Other European Countries:
    18. Russia: Russian capital markets and shareholder litigation: Quo Vadis? Yuliya Guseva
    19. Serbia: the protection of minority investors and the compensation of their losses Mirko Vasiljević, Jelena Lepetić and Jasna Vasiljević
    Part V. The Middle-East:
    20. Israel: the protection of minority investors and the compensation of their losses Uriel Procaccia
    21. Turkey: the protection of minority investors and the compensation of their losses in Turkish capital markets Ferna İpekel Kayalı
    Part VI. Africa:
    22. South Africa: investor protection Piet Delport
    Part VII. The Indian Subcontinent:
    23. India: the efficacy of India's legal system as a tool for investor protection Umakanth Varottil
    24. Pakistan: securities litigation and enforcement Syed Imad-ud-Din Asad and Rana Touseef Sami
    Part VIII. East and Southeast Asia:
    25. China: private securities litigation: law and practice Robin Hui Huang
    26. Japan: the protection of minority investors and the compensation of their losses Eiji Takahashi and Tatsuya Sakamoto
    27. Malaysia: protection of minority investors in the capital market: public enforcement and shareholders' litigation Aiman Nariman Mohd-Sulaiman
    28. South Korea: protection of minority investors in capital markets Kyung-Hoon Chun
    29. Taiwan: investor protection in Taiwan's capital market Wang-Ruu Tseng
    Part IX. Australia:
    30. Australia: the protection of minority investors and the compensation of their losses Olivia Dixon and Jennifer G. Hill.

  • Editors

    Pierre-Henri Conac, Université du Luxembourg
    Pierre-Henri Conac is Professor of Financial Markets Law at the Université du Luxembourg. He is the author of 'The regulation of securities markets by the French Commission des opérations de bourse (COB) and the US Securities and exchange commission (SEC)' which was awarded several prizes. His research areas deal principally with European, international and comparative securities law. He has been deeply involved in policy making in securities financial law at the European Union level. From 2011 to 2016 the European Securities and Markets Authority (ESMA), appointed him twice to its consultative Securities and Markets Stakeholder Group (SMSG).

    Martin Gelter, Fordham University, New York
    Martin Gelter is Professor of Law at Fordham University School of Law. Previously, he was an assistant professor in Law at Wirtschaftsuniversität Wien, Vienna, University of Economics, a Terence M. Considine Fellow and a John M. Olin Fellow at Harvard Law School, and a Visiting Fellow at the University of Bologna, and a Visiting Professor at University Paris-II (Panthéon-Assas). Martin holds degrees in law from the University of Vienna, in business administration from Wirtschaftsuniversität Wien, Vienna, an S.J.D. from Harvard Law School, and an M.A. in Quantitative Methods for the Social Sciences from Columbia University. His scholarship focuses on comparative corporate law and governance.

    Contributors

    Pierre-Henri Conac, Martin Gelter, Franklin A. Gevurtz, Stéphane Rousseau, Viviane Muller Prado, Eugenio J. Cárdenas, Michael Pucher, Ville Pönkä, Dirk A. Verse, Emmanuel P. Mastromanolis, Guido Ferrarini, Paolo Giudici, Loes Lennarts, Joti Roest, Mariola Lemonnier, Paulo de Tarso Domingues, Gheorghe Buta, Mónica Fuentes Naharro, Iris H.-Y. Chiu, Yuliya Guseva, Mirko Vasiljević, Jelena Lepetić, Jasna Vasiljević, Uriel Procaccia, Ferna İpekel Kayalı, Piet Delport, Umakanth Varottil, Syed Imad-ud-Din Asad, Rana Touseef Sami, Robin Hui Huang, Eiji Takahashi, Tatsuya Sakamoto, Aiman Nariman Mohd-Sulaiman, Kyung-Hoon Chun, Wang-Ruu Tseng, Olivia Dixon, Jennifer G. Hill

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