Securities

Abstract

Surveys six cases related to securities law decided by the Fifth Circuit during the survey period. Topics related to securities transactions include whether the determination of a security is a question of law or fact, the meaning of purchase or sale within the Securities Exchange Act of 1934, and the sale of business doctrine. Topics related to remedies include arbitration, implied causes of action, and disgorgement of short swing profits. The article also discusses the calculation of damages in regards to the out-of-pocket rule.