The Center for Education and Research in Information Assurance and Security (CERIAS)

The Center for Education and Research in
Information Assurance and Security (CERIAS)

Stock Price Crashes and 10b-5 Damages: A Legal, Economic, and Policy Analysis

Author

Baruch Lev, Meiring de Villiers

Entry type

article

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

Key alpha

Lev

Pages

7-37

School

Haas School of Business, Boalt Hall School of Law

Volume

47:7

Publication Date

2001-01-01

Keywords

stock price, policy, damage calculation

Language

English

Subject

Stock price crash damages and calculations

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