The Role of Public and Private Litigation in the Enforcement of Securities Laws in the United States

Nishal Ray Ramphal

ResearchPublished Sep 19, 2007

This research conducts a broad, empirical study of the overlapping public and private mechanisms that enforce federal securities laws. The author uses two original datasets to provide a descriptive analysis of federal enforcement actions, initiated by the Securities Exchange Commission, and private class actions, filed on behalf of aggrieved investors, between 1998 and 2004. His study also examines how the Sarbanes-Oxley Act of 2002 has perturbed the balance of joint litigation of securities suits, and discusses the role of public and private litigation in disciplining self regulatory organizations, in particular the national stock exchanges, since 1990. A final contribution of this study is an analysis of the corporate governance reforms that both public and private litigators have required defendant firms to adopt, as part of their settlement agreements, together with an analysis of the market reaction to these reforms.

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Document Details

  • Copyright: RAND Corporation
  • Availability: Web-Only
  • Year: 2007
  • Pages: 195
  • Document Number: RGSD-224

Citation

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Ramphal, Nishal Ray, The Role of Public and Private Litigation in the Enforcement of Securities Laws in the United States. Santa Monica, CA: RAND Corporation, 2007. https://www.rand.org/pubs/rgs_dissertations/RGSD224.html.
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This document was submitted as a dissertation in August 2007 in partial fulfillment of the requirements of the doctoral degree in public policy analysis at the Pardee RAND Graduate School. The faculty committee that supervised and approved the dissertation consisted of James R. Hosek (Chair), Eric L. Talley, and James N. Dertouzos.

This publication is part of the RAND dissertation series. Dissertations are written by Ph.D. candidates at the RAND School of Public Policy and supervised, reviewed, and approved by a RAND School faculty committee overseeing each dissertation. The RAND School is the world's leading producer of Ph.D.'s in policy analysis.

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