Friday, October 18, 2019
When investors and the securities markets suffer as a result of misrepresentations, fraud, and other violations of law, they seek private and public enforcement across different jurisdictions. This year’s Symposium featured leading securities law practitioners, academics, and government officials from the United States, Central America, and Europe, as they discussed the comparative advantages of private and public enforcement and the effectiveness of regulatory systems in different jurisdictions.
The first panel featured practitioners and scholars with a focus on international securities litigation. These panelists discussed several critical topics, including a comparison of private and public enforcement, the growing prevalence of litigation by the U.S. Securities and Exchange Commission (“SEC”), policy concerns surrounding securities class actions against foreign issuers, and the promises and challenges of Mexico as a case study for investor protection in global capital markets.
The second panel featured practitioners and scholars with experience in the United States and European regulatory systems. These panelists discussed various issues, such as: the differences between the European Union and U.S. public enforcement systems and the risk of jurisdictional competition, competing regulatory interests and creative alternatives to private enforcement, trends and dynamic of SEC enforcement post United States v. Morrison, and practice experience regarding classification and foreign investors.
Commissioner Elad L. Roisman and Professor Sean J. Griffith
The Symposium concluded with a fireside chat between SEC Commissioner Elad L. Roisman and Fordham Professor Sean J. Griffith. Mr. Roisman and Professor Griffith exchanged their thoughts on the complexity of proxy voting and the involvement of funds, the different fiduciary duties owed to funds and corporations, the issue of proxy advisory, and the United Nations’ Principles for Responsible Investment.
SPEAKERS ON PANEL 1:
Eugenio J. Cárdenas, Associate, Kirkland & Ellis LLP
Professor Merritt B. Fox, Michael E. Patterson Professor of Law, Columbia Law School
Professor Martin Gelter, Professor of Law, Fordham Law School
Geoffrey Jarvis, Partner, Kessler Topaz Meltzer & Check, LLP
SPEAKERS ON PANEL 2:
Professor Pierre-Henri Conac, Professor of Commercial and Company Law, University of Luxembourg
Todd G. Cosenza, Partner, Willkie Farr & Gallagher LLP
Professor Jill E. Fisch, Saul A. Fox Distinguished Professor of Business Law, University of Pennsylvania Law School
Professor Yuliya Guseva, Professor of Law, Rutgers Law School
Elad L. Roisman, Commissioner, U.S. Securities and Exchange Commission
Professor Sean J. Griffith, T.J. Maloney Chair and Professor of Law, Fordham Law School