The Future of Securities Class Actions against Foreign Companies: China and Comity Concerns

Muir, Dana M., Liu, Junhai & Xu, Haiyan

Journal: University of Michigan Journal of Law Reform

Volume: 46

First Page: 1315

Year: 2013

Bluebook Citation: 46 U. MICH. J. L. REFORM 1315 (2013)

Author: Junhai Liu: all 1 publication


Abstract

In Morrison v. National Australia Bank Ltd., the U.S. Supreme Court limited the application of U.S. securities fraud law in transnational situations. The Supreme Court noted that its decision was influenced by international comity considerations. In this Article, we evaluate the availability of class actions in China in cases involving alleged securities fraud. Because we find that the availability of those actions is too limited to fully protect U.S. shareholders, we argue that U.S. investors should be permitted to bring securities fraud class actions against non-U.S. companies whose securities are traded on a U.S. exchange regardless of where those investors entered into the relevant securities transactions.

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