596. Allen Ferrell and Atanu Saha, The Loss Causation Requirement for Rule 10B-5 Causes-of-Action: the Implication of Dura Pharmaceuticals v. Broudo, 8/2007. subsequently published in The Business Lawyer, Vol. 63, No. 1, November 2007.
Abstract: In order to have recoverable damages in a Rule 10b-5 action, plaintiffs must establish loss causation, i.e. that the actionable misconduct was the cause of economic losses to the plaintiffs. The requirement of loss causation has come to the fore as the result of the Supreme Courtís landmark decision in Dura Pharmaceuticals v. Broudo. We address in this paper a number of loss causation issues in light of the Dura decision, including issues surrounding the proper use of event studies to establish recoverable damages, the requirement that there be a corrective disclosure, what types of disclosure should count as a corrective disclosure, post-corrective disclosure stock price movements, the distinction between the class period and the damage period, collateral damage caused by a corrective disclosure, and forward-casting estimates of recoverable damages.