Jeremy Kosky, Simon James and Helen Carty
This paper aims to give an overview of the English law position on potential liability for misstatements and claims which investors may be considering.
Abstract
Purpose
This paper aims to give an overview of the English law position on potential liability for misstatements and claims which investors may be considering.
Design/methodology/approach
The paper discusses liability for information contained in prospectuses, where liability for misrepresentation can arise, various possible remedies for investors, how criminal liability for misrepresentation can arise, and how hedge funds can protect themselves from misrepresentation claims.
Findings
A recent study by the Stern Business School found that 42 per cent of a group of over 400 hedge funds had either misrepresented information to investors or provided information that was inconsistent with material obtained from other sources.
Practical implications
The Stern Business School report is a timely reminder that all communications to investors, however informal, should be carefully verified and consideration should be given as to how pronouncements on future performance or investment opportunities are couched.
Originality/value
The paper provides practical guidance from experienced financial institution and securities lawyers.
Details
Keywords
Patrick Lo, Robert Sutherland, Wei-En Hsu and Russ Girsberger
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.