Faculty & Scholarship

Global Center Annual Symposium 2013

March 1, 2013

Global Center Annual Symposium 2013

Transnational Securities and Regulatory Litigation in the Aftermath of Morrison v. National Australia Bank

Like a stone cast into a pond, the United States Supreme Court's 2010 decision in Morrison v. National Australia Bank produced an impact the consequences of which continue to ripple in an ever widening circle. In the narrowest circle, application of Morrison's location of the transaction test, and Congress' hurried and incomplete response inthe Dodd-Frank Act, present questions regarding when U.S. government prosecutions and private class actions brought under Rule 10B-5 can reach frauds that take place in increasingly globalized securities trading. Moving outward from securities regulation, Morrison's use of the presumption against extraterritorial application of U.S. law casts a shadow over the application of a host of other U.S. laws, such as the Alien Tort Statute, to conduct beyond the United States. At the outermost circle, retrenchment of U.S. enforcement and private remedies prompts the question of whether other nations will move to fill the void, particularly in terms of providing procedures that allow for practical adjudication of actions involving large numbers of potential claimants from various countries.

Panels of leading experts addressed these issues on March 1, 2013, at the University of the Pacific, McGeorge School of Law, in Sacramento, California. The Pacific McGeorge Global Center for Business & Development organized the March 1 conference as the first of a two-part, two-location examination of these issues from both a United States and a European perspective undertaken in cooperation with the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. The second session, organized by the Max Planck Institute Luxembourg, focused on European developments dealing with cross-border collective actions. It will take place in Luxembourg on March 25, 2013.

Video of the Symposium

Location

Northwest Hall, rooms S-4 and S-5 on the Pacific McGeorge campus.

Speakers

  • Richard Buxbaum, Professor Emeritus, UC Berkeley
  • Vivian Curran, Distinguished Faculty Scholar and Professor of Law, University of Pittsburgh School of Law
  • William Dodge, Professor of Law, UC Hastings College of Law
  • Katherine Florey, Professor of Law, UC Davis
  • Frank Gevurtz, Distinguished Professor of Law and Co-Director, Pacific McGeorge Global Center for Business and Development, University of the Pacific, McGeorge School of Law
  • Winfried H.A.M.van den Muijsenbergh, Adjunct Professor of Law, University of the Pacific, McGeorge School of Law, Attorney at Law/Advocate, Loyens & Loeff NV
  • Marc Steinberg, Radford Professor of Law, SMU Dedman School of Law
  • Marc Ventoruzzo, Professor of Law, Max Planck Institute, Penn State Dickinson School of Law, Bocconi University
  • Kenneth S. Gallant, Professor of Law, University of Arkansas at Little Rock Bowen School of Law

Partner

This event was in collaboration with the Max-Planck-Institute Luxembourg for International, European and Regulatory Procedural Law.

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