Stock Price Crashes and 10b-5 Damages: A Legal, Economic, and Policy Analysis
Author
Baruch Lev, Meiring de Villiers
Abstract
Sharp stock price declines, or crashes, occurring upon the release of negative corporate information often trigger shareholder litigation under Securities and Exchange Commission rule 10b-5. The prevailing method for calculating damages in these cases assumes that the stock price immediately following the disclosure reflects the security\'s \"true value.\" Plaintiffs use this value to calculate their losses during th entire period in which fraud allegedly inflated the share price. In this article, Professor Leva nd Mr. de Villiers argue that a \"crash price\" is an unreliable, doctrinally erroneous, and economically unsound measure of damages. They propose alternative methods of damage calculation that extract the crash component froma postdisclosure price and yield a more accurate and fairer estimate of a stock\'s true value.
Institution
University of California at Berkeley
Journal
Stanford Law Review
School
Haas School of Business, Boalt Hall School of Law
Publication Date
2001-01-01
Keywords
stock price, policy, damage calculation
Subject
Stock price crash damages and calculations