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The U.S. Supreme Court recently issued its long-awaited decision in Halliburton v. Erica P. John Fund, Inc., and the result was very much in line with the forecasts of those who predicted a kind of split decision: The Court provided securities fraud defendants with a significant weapon to use in opposing class certification, but declined to jettison the fraud-on-the-market theory that has served as the basis for securities class actions for the past 25 years.
Despite the urging of Halliburton and its supporters, the Court did not overturn Basic Inc. v. Levinson, 485 U.S. 224 (1988), which conferred on plaintiffs the benefit of a presumption that all purchasers of stock trading in an efficient market relied on any alleged misrepresentation, because public securities markets are presumed to digest and thus reflect all publicly available, material information.
Rebuttable Presumption
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This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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