College of Law

Publications

Books

• Corporate Dividends and Stock Repurchases (Clark Boardman Callaghan, 1990)

Articles, Essays & Book Reviews

• Eliminating Securities Fraud Class Actions under the Radar, 2009 Colum. Bus. L. Rev. 802 (2009)
• Protecting the Retail Investor in an Age of Financial Uncertainty, 34 U. Dayton L. Rev. ___ (2009)
• Reputational Damages in Securities Litigation, 35 J. Corp. L. 169 (2009)
• The Story of Hewlett-Packard, 77 U. Cin. L. Rev. 383 (2009)
• Are Retail Investors Better Off Today?, 2 Brook. J. Corp. Fin. & Com. L. 303 (2008)
• Introduction: Working Toward Fair Treatment for Retail Investors, 76 U. Cin. L. Rev. 375 (2008)
• Perceptions of Fairness of Securities Arbitration: An Empirical Study (2008) (with Jill I. Gross)
• Should the SEC Be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008)
• Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008)
• When Perception Changes Reality: An Empirical Study of Investors’ Views of the Fairness of Securities Arbitration, 2008 J. Disp. Resol. 349 (with Jill I. Gross)
• Stoneridge Investment Partners v. Scientific-Atlanta (8th Cir. 2006): What Makes It the Most Important Securities Case in a Decade?, 36 Sec. Reg. L.J. ___ (2007)
• The Explained Award of Damocles: Protection or Peril in Securities Arbitration, 34 Sec. Reg. L.J. 17 (2006) (with Jill Gross)
• Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006) (solicited response to article by Marc Steinberg)
• Transforming Rhetoric into Reality: A Federal Remedy for Negligent Brokerage Advice, 8 Transactions: Tenn. J. Bus. L. 101 (2006)
• Brokers and Advisers—What's in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005)
• Introduction to Investor Rights Symposium: The Elusive Balance between Investor Protection and Wealth Creation, 26 Pace L. Rev. 27 (2005) (with Jill Gross)
• Do We Expect Too Much from NASD Arbitrators?, Securities Arbitration Commentator (Oct. 2004)
• Is Securities Arbitration Fair to Investors? (Eighth Annual James D. Hopkins Lecture), 25 Pace L. Rev. 1 (2004) (reprinted in The Corporate Practice Commentator)
• Economic Suicide: The Collision of Ethics and Risk in Securities Laws, 64 U. Pitt. L. Rev. 483 (2003) (with Jill Gross) (reprinted in 2004 Securities Law Review)
• Economic Suicide: A Primer for Securities Arbitration Lawyers, 1 Securities Arbitration 2003, 387 (PLI 2003) (with Jill Gross)
• The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003)
• NASD's Proposed Code of Customer Arbitration, 10 PIABA Bar J. 19 (Winter 2003)
• Howsam v. Dean Witter Reynolds, Inc.—Progress toward a Goal of "Fair and Expeditious Resolution" of Disputes, 9 PIABA Bar J. 69 (Winter 2002)
• Law School Clinic Offers Assistance to Small Investors, 9 PIABA Bar J. 39 (Fall 2002)
• Making It Up as They Go Along: The Role of Law in Securities Arbitration, 23 Cardozo L. Rev. 991 (2002) (with Jill Gross)
• Securities Arbitration Is Not Supposed to Be So Complicated: Arbitrability, the Eligibility Rule, and Whose Law Decides, 30 Sec. Reg. L.J. 134 (2002)
• Entering the U.S. Securities Markets: Regulation of Non-U.S. Issuers, Vytautas Magnus U. Law Review (Lithuania) (April 2001)
• Securities Regulation in the Electronic Age: Online Trading, Discount Broker's Responsibilities, and Old Wine in New Bottles, 28 Sec. Reg. L.J. 15 (2000)
• The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Albany L. Rev. 923 (1988)
• The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987)
• Racketeer Influenced and Corrupt Organizations (RICO)—Securities and Commercial Fraud as Racketeering Crime after Sedima: What is a "Pattern of Racketeering Activity"?, 6 Pace L. Rev. 365 (1986)
• Fraud on the Market: A Criticism of Dispensing with Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984)

Courses

• Corporations I
• Corporations II
• Securities Regulation

Awards

• 2008 Harold C. Schott Scholarship Award

November 2011

Several of Barbara’s articles were cited:

• Brokers and Advisers - What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005), in Thomas L. Hazen & Jerry W. Markham, Broker-Dealer Operations under Securities and Commodities Law (Clark Boardman Callaghan, 2011 Supp.);
• Fraud on the Market: A Criticism of Dispensing with Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Andrew M. Erdlen, Timing Is Everything: Markets, Loss, and Proof of Causation in Fraud on the Market Actions, 80 Fordham L. Rev. 877 (2011);
• The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003), in Thomas L. Hazen & Jerry W. Markham, Broker-Dealer Operations under Securities and Commodities Law (Clark Boardman Callaghan, 2011 Supp.);<
• The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003), in Michael A. Helfand, Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders, 86 N.Y.U. L. Rev. 1231 (2011); and
• The U.S. as 'Reluctant Shareholder': Government, Business and the Law, 5 Entrepreneurial Bus. L. J. 561 (2010), in Franklin A. Gevurtz, The Globalization of Corporate Law: The End of History or a Never-Ending Story? 86 Wash. L. Rev. 475 (2011).

Barbara and Marianna Bettman arranged for the visit of Judge Denise Cote of the U.S. District Court, Southern District of New York, as part of the Harris Distinguished Practitioner Series and arranged dinner for the judge, students, and colleagues.

Barbara was quoted in Edward Wyatt, Judge Blocks Citigroup Settlement with S.E.C, New York Times, Nov. 28, 2011.

October 2011

On October 1, Barbara provided remarks entitled, “Regulation of Securities Professionals One Year after Dodd-Frank” at the 2011 Securities Conference, sponsored by the Division of Securities of the Ohio Department of Commerce, in Columbus. 

Summer 2011

Barbara presented her paper, Arbitration of Investors’ Claims Against Issuers:  An Idea Whose Time Has Come?, at the Midwest Corporate Scholars Conference held on June 15 at The Moritz College of Law at The Ohio State University.  The paper will appear in a forthcoming issue of Law and Contemporary Problems.

Several of Barbara’s publications were cited:

Are Retail Investors Better Off Today?, 1 Brook. J. Corp. Fin. & Com. L. 303 (2008), in Onnig H. Dombalagian, Investment Recommendations And The Essence Of Duty, 60 Am. U. L. Rev. 1265 (2011);

• Brokers and Advisers - What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005), in Donald C. Langevoort, Psychological Perspectives On The Fiduciary Business, 91 B.U. L. Rev. 995 (2011);

• Brokers and Advisers - What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005), in Onnig H. Dombalagian, Investment Recommendations And The Essence Of Duty, 60 Am. U. L. Rev. 1265 (2011);

• Economic Suicide: the Collision of Ethics and Risk in Securities Law, 64 U. Pitt. L. Rev. 483 (2003) (with Jill I. Gross), in Onnig H. Dombalagian, Investment Recommendations And The Essence Of Duty, 60 Am. U. L. Rev. 1265 (2011);

• Eliminating Securities Fraud Class Actions under the Radar, 2009 Colum. Bus. L. Rev. 802, in Donald C. Langevoort, Securities Law Review (Clark Boardman 2011 Supp.);

• How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, 13 U. Penn. J. Bus. L. 59 (2010), in Thomas Lee Hazen, Treatise on the Law of Securities Regulation (Thomson West, 6th ed., 2011 Supp.);

• How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, 13 U. Penn. J. Bus. L. 59 (2010), in Onnig H. Dombalagian, Investment Recommendations And The Essence Of Duty, 60 Am. U. L. Rev. 1265 (2011);

• How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, 13 U. Penn. J. Bus. L. 59 (2010), in Fred H. Miller & William H. Henning, The Uniform Commercial Code Law Letter (Warren, Gorham and Lamont 2011);

• Making It Up as They Go Along: The Role of Law in Securities Arbitration , 23 Cardozo L. Rev. 991 (2002) (with Jill I. Gross), in Onnig H. Dombalagian, Investment Recommendations And The Essence Of Duty, 60 Am. U. L. Rev. 1265 (2011);

• Perceptions of Fairness of Securities Arbitration: An Empirical Study, (U. Cincinnati Public Law Research Paper No. 08-01, 2008), in Nancy A. Welsh, What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, 30 J. Nat'l Ass'n Admin. L. Judiciary 495 (2010);

• Protecting the Retail Investor in an Age of Financial Uncertainty, 35 U. Dayton L. Rev. 61 (2009), in Usha Rodrigues, Corporate Governance in an Age of Separation of Ownership from Ownership, 95 Minn. L. Rev. 1822 (2011);

• Protecting the Retail Investor in an Age of Financial Uncertainty, 35 U. Dayton L. Rev. 61 (2009), in Donald C. Langevoort, Securities Law Review (Clark Boardman 2011 Supp.);

• The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), in Keith Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5, Causes of Action (Clark Boardman Callaghan, 2d ed., 2011;

• The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988), in Keith Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5, Causes of Action (Clark Boardman Callaghan, 2d ed., 2011);

• Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008), in Donald C. Langevoort, Securities Law Review (Clark Boardman 2011 Supp.);

• Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006), in Donald C. Langevoort, Editor's Introduction, Securities Law Review (Clark Boardman Callaghan, 2011);

• The U.S. as 'Reluctant Shareholder': Government, Business and the Law, 5 Entrepreneurial Bus. L. J. 561 (2010), in Steven M. Davidoff, Uncomfortable Embrace: Federal Corporate Ownership in the Midst of the Financial Crisis, 95 Minn. L. Rev. 1733 (2011);

• When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration, 2008 J. of Dispute Resolution 349 (with Jill Gross), in Nancy A. Welsh, What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, 30 J. Nat'l Ass'n Admin. L. Judiciary 495 (2010); and

• When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration, 2008 J. of Dispute Resolution 349 (with Jill Gross), in Donald C. Langevoort, Securities Law Review (Clark Boardman 2011 Supp.).

May 2011

Barbara participated in an online analysis and discussion of Erica P. John Fund v. Halliburton Oil Co. at The Conglomerate.org (Apr. 27, 2011), http://www.theconglomerate.org/2011/04/halliburton-roundtable-until-the-..., after the oral argument of the case before the U.S. Supreme Court.   The case deals with the criteria for class certification of federal securities class actions.

Several of Barbara’s articles were cited: 

Eliminating Securities Fraud Class Actions under the Radar, 2009 Colum. Bus. L. Rev. 802 was cited in Gideon Mark, Confidential Witnesses in Securities Litigation, 36 J. Corp. L. 551 (2011); 

Fraud on the Market: A Criticism of Dispensing With Reliance Requirements In Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), was cited in Brent A. Olson, Publicly Traded Corporations: Governance & Regulation § 14.3 (3d ed.  Supp. 2011);

Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008), in Adam S. Zimmerman, Distributing Justice, 86 N.Y.U.L. Rev. 500 (2011); and

Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008), was cited in Adam S. Zimmerman & David M. Jaros, The Criminal Class Action, 159 U. Pa. L. Rev. 1385 (2011).

April 2011

Barbara presented her paper, Arbitration of Investors’ Claims Against Issuers:  An Idea Whose Time Has Come – or Gone?, at theInstitute for Law & Economic Policy 17th Annual Symposium on Access to Justice in Manalapan, Florida.  The papers from the symposium, which was co-sponsored by Duke University Law School and the Huntington National Bank, will be published in a forthcoming issue of Law and Contemporary Problems (based at Duke Law).

As Director of the College’s Corporate Law Center, Black organized the 24th annual Corporate Law Symposium, which was held at the College on April 1, entitled, The Principles and Politics of Aggregate Litigation: CAFA, PSLRA, and Beyond.

Two of Barbara’s articles were cited:

• ·  Fraud on the Market: A Criticism of Dispensing With Reliance Requirements In Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Charles R. Korsmo, Mismatch: The Misuse Of Market Efficiency In Market Manipulation Class Actions, 52 Wm. & Mary L. Rev. 1111 (2011); and

·  The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988), in Matt Silverman, Fraud Created The Market: Presuming Reliance In Rule 10b-5 Primary Securities Market Fraud Litigation, 79 Fordham L. Rev. 1787 (2011).

February 2011

Barbara’s article, How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, 13 U. Pa. J. Bus. L. 59 (2010), is now in print.

Barbara presented her paper, Stalled: Gender Representation on Corporate Boards, at the University of Dayton College of Law’s Symposium, Perspectives on Gender and Business Ethics: Women in Corporate Governance, in Dayton, OH.

Barbara’s comment on the Second Circuit’s opinion in Standard Investment Chartered Inc. v. NASD, which extended absolute immunity to self-regulatory organizations, was quoted in Securities Law Daily.

Barbara’s article, Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006), was cited in Rebecca Roiphe, The Ethics of Willful Ignorance, 24 Geo. J. Legal Ethics 187 (2011).

January 2011

Several of Barbara’s articles were cited:

• Application Of Respondeat Superior Principles To Securities Fraud Claims Under RICO, 24 Santa Clara L. Rev. 825 (1984), in William Campbell Ries, Regulation of Investment Management and Fiduciary Services (Clark Boardman Callaghan 2011);
•  Brokers and Advisers - What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005), in Thomas Lee Hazen, Law of Securities Regulation (Thomson West, 6th ed. 2011 Supp.);
•  The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003), in Thomas Lee Hazen, Law of Securities Regulation (Thomson West, 6th ed. 2011 Supp.);
•  Economic Suicide: The Collision of Ethics and Risk in Securities Law, 64 U. Pitt. L. Rev. 483 (2003) (with Jill I. Gross), in Thomas Lee Hazen, Law of Securities Regulation (Thomson West, 6th ed. 2011 Supp.);
• Securities Regulation in the Electronic Age: Online Trading, Discount Broker's Responsibilities and Old Wine in New Bottles, 28 Sec. Reg. L.J. 15 (2000), in Thomas Lee Hazen, Law of Securities Regulation (Thomson West, 6th ed. 2011 Supp.);
• Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), in Thomas Lee Hazen, Law of Securities Regulation (Thomson West, 6th ed. 2011 Supp.);
• The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988), in James D. Cox & Thomas Lee Hazen, Treatise on the Law of Corporations (Thomson West, 3d. 2011 Supp); and
•  Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006), were cited in Thomas Lee Hazen, Treatise on the Law of Securities Regulation (Thomson West, 6th ed., 2011 Supp.).

December 2010

Barbara participated in the by-invitation-only Roundtable on Investment Funds, held at Boston University School of Law on Dec. 12.  At this annual event, a distinguished group of scholars, practitioners, and industry representatives meet to discuss off-the-record developments in the regulation of mutual funds and investment companies.

November 2010

Barbara’s comment on FINRA’s proposed rule change that would permit customers to select securities arbitration panels consisting solely of public arbitrators appeared in the inaugural online edition of the Harvard Business Law Review.

Two of Barbara’s articles were cited

• Corporate Dividends and Stock Repurchases (Clark Boardman Callaghan, 2003-2010), in Lee R. Petillon & Robert Joe Hull, Representing Start-Up Companies (Clark Boardman Callaghan, 2010 Supp.); and
• The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), in James J. Park, Rule 10b-5 And The Rise Of The Unjust Enrichment Principle, 60 Duke L.J. 345 (2010).

October 2010

Barbara’s Securities Law Prof Blog was named one of the best 25 business blogs for 2010 by LexisNexis.

Barbara presented her paper, Can Behavioral Economics Inform Our Understanding of Securities Arbitration, on Oct. 2, 2010 at the Behavior and Business Law Conference, which celebrated the 15^th Anniversary of the James L. Clayton Center for Entrepreneurial Law at the University of Tennessee College of Law. 

Several of Barbara’s articles were cited:

• Are Retail Investors Better Off Today?, 1 Brook. J. Corp. Fin. & Com. L. 303 (2008), in Jennifer J. Johnson, Private Placements: A Regulatory Black Hole, 35 Del. J. Corp. L. 151 (2010);
• Brokers and Advisers - What’s in a Name? , 11 Fordham J. Corp. & Fin. L. 31 (2005), in Thomas L. Hazen & Jerry W. Markham, Broker-Dealer Operations under Securities and Commodities Law (Clark Boardman Callaghan, 2010 Supp.);
• The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection? , 72 U. Cin. L. Rev. 415 (2003), in Thomas L. Hazen & Jerry W. Markham, Broker-Dealer Operations under Securities and Commodities Law (Clark Boardman Callaghan, 2010 Supp.); and
• Fraud on the Market: A Criticism of Dispensing With Reliance Requirements In Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Brent A. Olsen, Publicly Traded Corporations: Governance & Regulation (Clark Boardman Callaghan, 3d ed. 2010).

September 2010

Barbara’s article, Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), was cited in Michael J. Kaufman, Securities Litigation: Damages (Clark Boardman Callaghan, 2010 Supp.).

Summer 2010

Barbara’s articles, How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, 11 U. Pa. J. Bus. L. ___ (forthcoming 2010); The U.S. as 'Reluctant Shareholder': Government, Business and the Law, 5 Entrepreneurial Bus. L.J. ___ (forthcoming 2010); and Securities Law Round Up – 2009-2010 (PLI, Securities Arbitration 2010), were accepted for publication.  Barbara also finished a new manuscript entitled, Can Behavioral Economics Inform Our Understanding of Securities Arbitration?, SSRN Working Paper Series, July 24, 2010.

Barbara co-organized and presented her paper, How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, 11 U. Pa. J. Bus. L. ___ (forthcoming 2010), at the Midwest Corporate Scholars Conference (June 22, 2010), which was held at UC Law; 

Barbara presented Securities Law Round Up – 2009-2010 (Practicing Law Institute, Securities Arbitration 2010) and moderated a panel on Developments in FINRA [Financial Industry Regulatory Authority] Arbitration Discovery Process at a PLI program in New York on Aug. 11, 2010.

Staff members of the Congressional Oversight Panel (which is part of the U.S. Department of Treasury and is responsible for oversight of the Troubled Asset Relief Program (TARP), interviewed Barbara by telephone on Aug. 20 about the proposals set forth in her paper, The U.S. as 'Reluctant Shareholder': Government, Business and the Law, 5 Entrepreneurial Bus. L.J. ___ (forthcoming 2010).

Several of Barbara’s publications were cited:

• Are Retail Investors Better Off Today?, 1 Brook. J. Corp. Fin. & Com. L. 303 (2008), in Jill E. Fisch, Rethinking the Regulation of Securities Intermediaries, 158 U. Pa. L. Rev. 1961 (2010), and in Jayne W. Barnard, Deception, Decisions, and Investor Education, 17 Elder L.J. 201 (2010);
• Perceptions of Fairness of Securities Arbitration: An Empirical Study (U. of Cincinnati Public Law Research Paper No. 08-01), in Nancy A. Welsh, What is “(Im)partial Enough” in a World of Embedded Neutrals? 52 Ariz. L. Rev. 395 (2010), and in Bradley J. Bondi, Facilitating Economic Recovery and Sustainable Growth Through Reform of the Securities Class-action System: Exploring Arbitration as an Alternative to Litigation, 33 Harv. J.L. & Pub. Pol'y 607 (2010);
• Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), in Michael J. Kaufman & John M. Wunderlich, Resolving the Continuing Controversy Regarding Confidential Informants in Private Securities Fraud Litigation, 19 Cornell J.L. & Pub. Pol'y 637 (2010); and
• Stoneridge Investment Partners v. Scientific-Atlanta: What Makes It the Most Important Securities Case in a Decade?, (U. Cincinnati Public Law Research Paper No. 07-21, 2007), in Sharon Hannes, Compensating for Executive Compensation: The Case for Gatekeeper Incentive Pay, 98 Cal. L. Rev. 385 (2010).

Barbara was quoted in Net Worth: Reform Bill May Cut Mandatory Arbitration, Scrippsnews, June 2, 2010.

June 2010

Barbara presented her paper, Fiduciary Duty, Professionalism and Investment Advice, at the Law and Society Association’s Annual Meeting in Chicago. She participated on a panel of experts that met with the SEC’s Investor Advisory Committee to address issues and make recommendations about mandatory securities arbitration. (See the agenda and background material for the meeting and the original announcement in US SEC: SEC Investor Advisory Committee Announces Meeting Agenda, List of Participants.)

Several of Barbara’s pubications were cited:

• Fraud on the Market: A Criticism of Dispensing With Reliance Requirements In Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Brent A. Olson, Publicly Traded Corporations: Governance & Regulation (Clark Boardman Callaghan, 3d. ed., 2010).
• Perceptions of Fairness of Securities Arbitration: An Empirical Study and When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration, 2008 J. of Dispute Resolution 349 (with Jill Gross), in Amy J. Schmitz, Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms, 15 Harv. Negot. L. Rev. 115 (2010).
• Are Retail Investors Better Off Today?, 1 Brook. J. Corp. Fin. & Com. L. 303 (2008), in Jennifer J. Johnson, Private Placements: A Regulatory Black Hole, 35 Del. J. Corp. L. 151 (2010).
• Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008), in Michael J. Kaufman & John M. Wunderlich, Regressing: The Troubling Dispositive Role of Event Studies in Securities Fraud Litigation, 15 Stan. J.L. Bus. & Fin. 183 (2009).

May 2010

Barbara was quoted in Bloomberg, Investor Suit Deadlines Eased by Court in Merck Case. Her articles, The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988); and The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), were cited in Keith Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5, Causes of Action (Clark Boardman Callaghan, 2d ed., 2010 Supp.).

April 2010

Barbara presented her paper, The U.S. as Shareholder, at The Ohio State University College of Law Entrepreneurial Business Law Journal’s Symposium on The Relationship between American Government and American Business. Her article, Protecting the Retail Investor in an Age of Financial Uncertainty, will be published in 34 U. Dayton L. Rev. ___ (2009) as part of a symposium issue on The Fall from the Bailout: The Impact of the 2008 Bailout on Lending Regulation, Securities Regulations, and Business Ethics. (The keynote speaker at the Symposium was former-SEC Chairman Harvey L. Pitt.)

Several of Barbara’s articles were cited:

• Are Retail Investors Better Off Today?, 1 Brook. J. Corp. Fin. & Com. L. 303 (2008), in Jennifer J. Johnson, Private Placements: A Regulatory Black Hole, 35 Del. J. Corp. L. 151 (2010).
• Brokers and Advisers—What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005), in Arthur B. Laby, Reforming the Regulation of Broker-dealers and Investment Advisers, 65 Bus. L. 395 (2010).
• Making It Up as They Go Along: The Role of Law in Securities Arbitration, 23 Cardozo L. Rev. 991 (2002) (with Jill I. Gross), in Christine Sgarlata Chung, From Lily Bart to the Boom-boom Room: How Wall Street's Social and Cultural Response to Women Has Shaped Securities Regulation, 33 Harv. J.L. & Gender 175 (2010).

March 2010

Barbara’s article, Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), was cited in Michael J. Kaufman & John M. Wunderlich, The Unjustified Judicial Creation of Class Certification Merits Trials in Securities Fraud Actions, 43 U. Mich. J.L. Reform 323 (2010).

February 2010

Barbara published Eliminating Securities Fraud Class Actions under the Radar, 2009 Colum. Bus. L. Rev. 802. She joined the panel of academic contributors to Black’s Law Dictionary (9th ed.).

Barbara’s articles, Brokers and Advisers - What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005); The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003); Economic Suicide: The Collision of Ethics and Risk in Securities Law, 64 U. Pitt. L. Rev. 483 (2003) (with Jill I. Gross); Securities Regulation in the Electronic Age: Online Trading, Discount Broker's Responsibilities and Old Wine in New Bottles, 28 Sec. Reg. L.J. 15 (2000); Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008); and Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006), were cited in Thomas Lee Hazen, Treatise on the Law of Securities Regulation (Thomson-West, 6th ed., 2010 Supp.).

January 2010

Barbara published Reputational Damages in Securities Litigation, 35 Iowa J. Corp. L. 169 (2009), as part of the Institute for Law and Economic Policy Symposium on Compensation of Plaintiffs in Mass Securities Litigation. She participated in a by-invitation-only Roundtable on Mutual Funds Under New Administration: Litigation & Regulation held at Boston University School of Law.

December 2009

Barbara and her Corporate Law Center presented its third annual program with the Association of Corporate Counsel – Southwest Ohio Chapter, on The Role of Corporate Counsel During a Time of Economic Crisis. Speakers included the General Counsels of Fifth Third Bank and Macy’s and several other distinguished local corporate attorneys, as well as Professor Edward Janger, a recognized bankruptcy expert at Brooklyn Law School.

Barbara’s article, Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008), was cited in James J. Park, Shareholder Compensation as Dividend, 108 Mich. L. Rev. 323 (2009). Her blog post, Will Proxy Access Be Here Soon?, Securities Law Prof Blog, Aug. 20, 2009, was cited in Micah Bloomfield, David Lowden, & Theodore S. Lynn, Real Estate Investment Trusts (RIA, 2009 Supp.).

November 2009

Barbara was the co-chair and one of the principal speakers at the Securities Law Seminar held in conjunction with the Annual Meeting of the Public Investors Arbitration Bar Association (PIAA) in Carlsbad, California. She spoke on securities law developments and regulatory reform affecting retail investors.

October 2009

Several of Barbara’s articles were cited:

• Brokers and Advisers - What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005); and The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003), in Thomas L. Hazen & Jerry W. Markham, Broker-Dealer Operations under Securities and Commodities Law (Clark Boardman Callaghan, 2009 Supp.).
• Making It Up as They Go Along: The Role of Law in Securities Arbitration, 23 Cardozo L. Rev. 991 (2002) (with Jill I. Gross), in Brian Cooper, Ethics for Party Representatives in International Commercial Arbitration: Developing a Standard for Witness Preparation, 22 Geo. J. Legal Ethics 779 (2009).
• Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), in Michael J. Kaufman, Securities Litigation: Damages (Clark Boardman Callaghan, 2009 Supp.).
• The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988); and The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), in Keith Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5 in Causes of Action (Clark Boardman Callaghan, 2d ed., 2009 Supp.).

Summer 2009

Barbara presented, Post-Dura Issues and Collateral Damage in Securities Litigation, as part of the 13th Annual UC Faculty Summer Scholarship Series. Several of her articles were cited:

• Perceptions of Fairness of Securities Arbitration: An Empirical Study, U of Cincinnati Public Law Research Paper No. 08-01, and Are Retail Investors Better Off Today?, 1 Brook. J. Corp. Fin. & Com. l (2008), in Jill E. Fisch, Top Cop or Regulatory Flop? The SEC at 75, 95 Va. L. Rev. 785 (2009).
• Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), in Puja Vadodaria, For Never Was There a Story of More Woe, than This of the Defrauded Plaintiff and Her Insolvent Primary Actor: Why Scheme Liability Should Run to Gatekeepers after Stoneridge, 58 Emory L.J. 1459 (2009); and Adam Reiser, Compensating Defrauded Investors While Preserving the SEC's Mission of Deterrence: A Call for Congress to Counteract the Troubling Consequences of Stoneridge, 2009 Utah L. Rev. 257.
• Fraud on the Market: A Criticism of Dispensing with Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), and The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988), in Donald C. Langevoort, Basic at Twenty: Rethinking Fraud on the Market, 2009 Wis. L. Rev. 151.
• Fraud on the Market: A Criticism of Dispensing with Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Michael C. Macchiarola, Beware of Risk Everywhere: An Important Lesson from the Current Credit Crisis, 5 Hastings Bus. L.J. 267 (2009); and Joan MacLeod Heminway, Female Investors and Securities Fraud: Is the Reasonable Investor a Woman? 15 Wm. & Mary J. Women & L. 291 (2009).

June 2009

Two of Barbara’s publications were cited:

• Corporate Dividends and Stock Repurchases (Clark Boardman Callaghan, 1990), in Lee R. Petillon & Robert Joe Hull, Representing Start-Up Companies (Clark Boardman Callaghan, 2009 Supp.).
• Fraud on the Market: A Criticism of Dispensing With Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Brent A. Olson, Publicly Traded Corporations: Governance & Regulation (ThomsonWest, 2d ed. 2009 Supp.).

May 2009

Barbara’s article, Eliminating Securities Fraud Class Actions under the Radar, was accepted for publication in the Columbia Business Law Review. She presented the article at the National Association of Shareholder and Consumer Attorneys (NASCAT) Annual Meeting in Scottsdale, Arizona.

Barbara participated in a panel discussion on Loss Causation Issues After Dura at the 15th Institute of Law and Economic Policy (ILEP) conference on Recoveries for Victims of Securities Fraud in Scottsdale. ILEP is a public policy research and educational foundation established to preserve, study and enhance access to the civil justice system by all consumers. Barbara’s commentary will be published in the University of Iowa College of Law’s Journal of Corporate Law.

Barbara’s Corporate Law Center held its annual symposium at the College on New Models of Regulating the Financial Markets: The SEC at 75.

Barbara’s articles, Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. L. 317 (2008), and The Explained Award of Damocles: Protection or Peril in Securities Arbitration, 34 Sec. Reg. L.J. 17 (2006) (with Jill Gross), were cited in Verity Winship, Public Agencies and Investor Compensation: Examples from the SEC and CFTC, 61 Admin. L. Rev. 137 (2009).

April 2009

Barbara spoke on The Role of the SEC in the Financial Meltdown at a University of Dayton symposium, The Fallout from the Bailout, with former SEC Chair Harvey Pitt. Her article, Perceptions of Fairness of Securities Arbitration: An Empirical Study, was cited in Marcia Coyle, Credit Crisis Spawns Arbitration Claims, N.Y.L.J., Apr. 2, 2009, at 5.

March 2009

Barbara delivered the Harold C. Schott Scholarship Award Lecture at the College on Protecting the Retail Investor in an Age of Financial Uncertainty.

February 2009

Barbara published When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration, 2 J. Disp. Resol. 349 (2008) (with Jill Gross). Two of her articles were cited:

• Perceptions of Fairness of Securities Arbitration: An Empirical Study, in Constantine N. Katsoris, Securities Arbitrators Do Not Grow on Trees, 14 Fordham J. Corp. & Fin. L. 49 (2008).
• Stoneridge Investment Partners v. Scientific-Atlanta, Inc.:Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), in Carl W. Hittinger, The Diminishing Role of the Private Attorney General in Antitrust and Securities Class Action Cases Aided by the Supreme Court, 4 J. Bus. & Tech. L. 167 (2009); and in Thomas Lee Hazen, Treatise on the Law of Securities Regulations (Thomson West, 5th ed., 2008 Supp.).

January 2009

Barbara was appointed to the Executive Committee of the AALS Section on Securities Regulation. Two of Barbara’s articles were cited:

• Perceptions of Fairness of Securities Arbitration: An Empirical Study, in Justin Kelly, Study Shows Mixed Views on Fairness of Securities Arbitration, 63 Disp. Resol. J. 9 (Oct 2008).
• Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008), in Verity Winship, Fair Funds and the SEC's Compensation of Injured Investors, 60 Fla. L. Rev. 1103 (2008).

December 2008

Barbara spoke on the SEC's and Ohio's “up-the-ladder” reporting requirements at the second annual ethics conference, The Role of the General Counsel in Advising Management and the Board of Directors, sponsored by the Corporate Law Center and the Association of Corporate Counsel, Southwest Ohio Chapter. Paul Heldman, General Counsel of the Kroger Company, was the keynote speaker.

Barbara was appointed for a three-year term as a non-industry member of the National Adjudicatory Council (NAC) of the Financial Industry Regulatory Authority (FINRA). NAC is the national committee that reviews initial decisions rendered in FINRA disciplinary and membership proceedings.

Several of Barbara’s publications were cited:

• Brokers and Advisers - What’s in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005) and The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003), in Thomas L. Hazen & Jerry W. Markham, Broker-Dealer Operations under Securities and Commodities Law (Clark Boardman Callaghan, 2008 Supp.).
• Corporate Dividends and Stock Repurchases, (Clark Boardman Callaghan, 1990), in Lee R. Petillon & Robert Joe Hull, Representing Start-Up Companies (Clark Boardman Callaghan 2008 Supp.).
• Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006), in Elizabeth Cosenza, Rethinking Attorney Liability under Rule 10b-5 in Light of the Supreme Court's Decisions in Tellabs and Stoneridge, 16 Geo. Mason L. Rev. 1 (2008).

November 2008

Barbara co-chaired the 10th Annual Securities Law Seminar, an all-day program that is part of the Annual Meeting of the Public Investors Arbitration Bar Association (PIABA), in Colorado Springs. She presented Securities Law Round-Up and Legal Theories for Supporting Customers' Claims of Damages.

Barbara's research on the satisfaction rate for investors who use an arbitration process to settle claims against the securities industry was quoted in Michael Maiello, Don't Cry for Justice, Forbes.com.

Two of Barbara's articles were cited:

• Securities Arbitration is not Supposed to be so Complicated: Arbitrability, the Eligibility Rule, and Whose Law Decides, 30 Sec. Reg. L.J. 134 (2002), in Bridget B. Zoltowski, Restoring Investor Confidence: Providing Uniformity in Securities Arbitration by Offering Guidelines for Arbitrators in Deciding Motions to Dismiss Before a Hearing on the Merits, 58 Syracuse L. Rev. 375 (2008).
• Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), in Louis E. Ebinger, Sarbanes-Oxley Section 501(a): No Implied Private Right of Action, and a Call to Congress for an Express Private Right of Action to Enhance Analyst Disclosure, 93 Iowa L. Rev. 1919 (2008).

October 2008

Barbara participated in the Conference on Empirical Legal Studies held at Cornell Law School on Sept. 12-13, where her article, When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration, 24 Ohio St. J. on Disp. Resol. ___ (2008) (with Jill Gross), was included in the poster session.

Several of Barbara's articles were cited:

• Making It Up as They Go Along: The Role of Law in Securities Arbitration, 23 Cardozo L. Rev. 991 (2002) (with Jill I. Gross), in Jennifer J. Johnson & Edward Brunet, Critiquing Arbitration of Shareholder Claims, 36 Sec. Reg. L.J. 1 (2008).
• The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Alb. L. Rev. 923 (1988), and The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), in Keith Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5 in Causes of Action (Clark Boardman Callaghan, 2d ed., 2008 Supp.).

Summer 2008

Barbara's article, Perceptions of Fairness of Securities Arbitration: An Empirical Study, was reprinted in Securities Arbitration 2008 (PLI). The scholarly version of the article, When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration, will be featured at the poster session at the Cornell Empirical Legal Studies Conference on September 12-13 and will be published in the Journal of Dispute Resolution.

Barbara published a commentary on Minor Myers, The Decisions of Special Litigation Committees: An Empirical Investigation, as part of the Fourth Annual Conglomerate Junior Scholars Workshop.

Several of Barbara's publications were cited:

• Corporate Dividends and Stock Repurchases (Clark Boardman Callaghan, 1990), in Richard A. Boothe, Financing the Corporation (Clark Boardman Callaghan, 2008 Supp.).
• Perceptions of Fairness of Securities Arbitration: An Empirical Study (with Jill Gross), in Christopher R. Drahozal, Arbitration Costs and Forum Accessibility: Empirical Evidence, 41 U. Mich. J.L. Reform 813 (2008); and Recent Proposed Legislation, 121 Harv. L. Rev. 2262 (2008).
• Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: Reliance on Deceptive Conduct and the Future of Securities Fraud Class Actions, 36 Sec. Reg. L.J. 330 (2008), in Donna Nagy, Richard W. Painter & Margaret V. Sachs, Securities Litigation and Enforcement: Cases and Materials (West, 2d. ed. 2008 Supp.)
• Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006), in Donald C. Langevoort, Editor's Introduction, Securities Law Review (Clark Boardman Callaghan, 2008).
• A letter of Barbara's (with Jill Gross and Bob Kim), in William M. Prifti, Securities: Pub. & Priv. Offerings (Clark Boardman Callaghan, Securities Law Series, 2008 Supp.).

Second year students, Jeffrey Hicks and Nicholas Schwandner worked for the Corporate Law Center this summer and conducted an analysis of business and commercial cases filed in Hamilton County for the Ohio Supreme Court Taskforce on Commercial Dockets

June 2008

Barbara received the 2008 Harold C. Schott Scholarship Award, in recognition of her outstanding research and scholarly achievement. From the announcement: "Professor Black's scholarly work has been influencing the way academics, judges, lawyers, the SEC, and the investing public view the nation's securities law for thirty years." She will deliver a public lecture on her innovative scholarship at the College during the 2008-09 academic year.

Barbara attended the Law and Society Association Annual Meeting in Montreal, where she moderated a panel on Law, Value and Wealth: Markets and Securities Law and served as a discussant on a panel on Trends in Securities Litigation and Settlements.

Barbara's article, Fraud on the Market: A Criticism of Dispensing With Reliance Requirements In Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), was cited in Brent A. Olson, Publicly Traded Corporations: Governance & Regulation (Thomson West, 2nd ed., 2008 Supp.).

May 2008

Barbara published Should the SEC be a Collection Agency for Defrauded Investors?, 63 Bus. Law. 317 (2008). She posted a new article, When Perception Changes Reality: An Empirical Study of Investors' Views of the Fairness of Securities Arbitration (with Jill Gross), on SSRN. Barbara's study, Perceptions of Fairness of Securities Arbitration: An Empirical Study (with Jill Gross), was extensively discussed in Bloomberg News, Wall Street, Ivory Tower Wrestle in Study Wars. She posted Is Securities Arbitration Fair to Investors?, 25 Pace L. Rev. 1 (2004), on SSRN.

The University of Cincinnati Law Review (winter 2008) published the papers presented at the 2007 Corporate Law Center Symposium, Twenty Years After Shearson/American Express v. McMahon: Assessing Investors' Remedies.

For the second summer, the Corporate Law Center will provide assistance to the Special Task Force on Commercial Dockets established by the Chief Justice of the Ohio Supreme Court. 2Ls Jeffrey Hicks and Nicholas Schwandner will conduct empirical research on the impact of the creation of a separate docket for business and commercial disputes on filings in Hamilton County.

April 2008

Barbara organized and hosted the 2008 Corporate Law Symposium on The Dysfunctional Board: Causes and Cures. Her book, Corporate Dividends and Stock Repurchases, (Clark Boardman Callaghan, 1990), was cited in Charles W. Murdock, Business Organizations (Thomson-West, 2007 Supp.).

March 2008

Barbara posted Perceptions of Fairness of Securities Arbitration: An Empirical Study (with Jill I. Gross (Pace)), the first empirical study of participants' perceptions of fairness of securities Self-Regulatory Organizations (SRO) arbitrations involving customers. Barbara and Professor Gross drafted and designed the survey, coordinated its mailing, interpreted the data we collected, and prepared the Report, with the technical assistance of Cornell University's Survey Research Institute. They surveyed participants in NASD Dispute Resolution and NYSE arbitrations that were filed from Jan. 1, 2002 through Dec. 31, 2006 and closed between Jan. 1, 2005 and Dec. 31, 2006 and received 3,087 responses (a 13% response rate). Their findings detail that survey participants have divided views about the fairness of securities arbitration and that for almost every question in the survey, customers have a more negative perception of the process than non-customers.

A preliminary version of the report, which was commissioned by the Securities Industry Conference on Arbitration (SICA), was leaked to a Dow Jones reporter, who reported on the study's findings on Feb. 6, and, a day later, SICA released publicly the final report. Since its release, the report has engendered vigorous debate over its findings. The Securities Industry and Financial Markets Association (SIFMA) criticized what it called the study's middling results, flawed process (and its focus on subjective perceptions). In contrast, the North American Securities Administrators Association (NASAA) praised the study and said that its findings support what state regulators have been hearing from investors in their states -- that they believe the securities arbitration process is "rigged" against them. Other media coverage includes BNA Securities Daily (Feb. 8), Securities Arbitration Alert (Feb. 6, Feb. 20), Investment Executive (Feb. 6), and Investment News (Feb. 6).

February 2008

Barbara's article, Securities Commentary: The Second Circuit's Approach to the 'In Connection With' Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), was cited and quoted at page 9 of the Supreme Court's majority opinion in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., No. 06-43 (1/15/08).

Barbara's article, The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003), was excerpted in Donna M. Nagy, Richard W. Painter & Margaret V. Sachs, Securities Litigation and Enforcement (Thomson West, 2nd ed. 2007). She joined the Advisory Board of the Securities Regulation Law Journal.

Barbara attended the AALS Annual Meeting in New York City, where she presented Are Retail Investors Better Off After Sarbanes-Oxley? at the Section on Securities Regulation panel on Have Securities Regulation Reforms Hit The Mark? (one of five papers selected after a call for papers; papers will be published in the Brooklyn Journal of Corporate, Financial and Commercial Law).) She posted a subsequent version of the paper, Are Retail Investors Better Off Today?, on SSRN.

January 2008

Two of Barbara's articles were cited:

• Corporate Dividends and Stock Repurchases (Clark Boardman Callaghan, 1990), in Charles W Murdock, Business Organizations (West, Illinois Practice Series, 2007 Supp.).
• Securities Regulation in the Electronic Age: Online Trading, Discount Broker's Responsibilities and Old Wine in New Bottles, 28 Sec. Reg. L.J. 15 (2000), in Thomas Lee Hazen, Treatise on the Law of Securities Regulations (Thomson West, 5th ed., 2008 Supp.).

December 2007

Barbara published Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006). She posted Stoneridge Investment Partners v. Scientific-Atlanta (8th Cir. 2006): What Makes it the Most Important Securities Case in a Decade? on SSRN.

Barbara presented The Role of Corporate Counsel in Fostering an Ethical Environment at the Southwest Ohio Chapter of the Association of Corporate Counsel America CLE seminar. The presentation was announced in How In-House Counsel Can Promote Ethics, 15 (11) Metropolitan Corporate Counsel NaN. (Nov. 2007).

Several of Barbara's articles were cited:

• Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006); Brokers and Advisers - What's in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005); Securities Regulation in the Electronic Age: Online Trading, Discount Broker's Responsibilities and Old Wine in New Bottles, 28 Sec. Reg. L.J. 15 (2000); Economic Suicide: the Collision of Ethics and Risk in Securities Law, 64 U. Pitt. L. Rev. 483 (2003) (with Jill I. Gross); and The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003), in Thomas Lee Hazen, Treatise on the Law of Securities Regulations (Thomson West, 5th ed., 2008 Supp.).

November 2007

Barbara's article, Should the SEC be a Collection Agency for Defrauded Investors?, was accepted for publication in The Business Lawyer. She presented her paper, Stoneridge Investment Partners v. Scientific-Atlanta (8th Cir. 2006): What Makes It the Most Important Securities Case in A Decade?, at Supreme Court Preview Symposium - Scheme Liability, Section 10(b), and Stoneridge Investment Partners v. Scientific Atlanta, organized by the Center for Business Law and Regulation at Case Western.

Barbara soke on a variety of securities arbitration and ethical issues at both the Securities Law Program and the Annual Meeting of the Public Investors Arbitration Bar Association(PIABA).

Barbara attended the AALS Faculty Recruitment Conference in Washington, D.C. as a member of the College's Faculty Appointments Committee.

Barbara participated in the Alumni Teach-In Day, as Tarik Haskins (Class of 2003), Morris, Nichols, Arsht & Tunnell (Wilmington, DE), taught her Corporations Class.

Barbara's articles, The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), and The Strange Case of Fraud on the Market: A Label in Search of a Theory, 52 Albany L. Rev. 923 (1988), were cited in Keith Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5 in Causes of Action (Clark Boardman Callaghan, 2nd ed. 2007 Supp.).

October 2007

Barbara's article, Racketeer Influenced and Corrupt Organizations (RICO)--Securities and Commercial Fraud as Racketeering Crime after Sedima: What is a Pattern of Racketeering Activity?, 6 Pace L. Rev. 365 (1986), was cited in Andrew Kinworthy, To Remedy or Not to Remedy: The Availability of Disgorgement under Civil RICO, 84 Wash. U. L. Rev. 969 (2006).

Summer 2007

Barbara published Transforming Rhetoric Into Reality: A Federal Remedy for Negligent Investment Advice, 8 Transactions: Tenn. J. Bus. L. 101 (2006). She was an invited participant in the Conglomerate Blog's Third Annual Junior Scholars Workshop and commented on a paper by Darian M. Ibrahim.

Barbara presented Should the SEC Be a Collection Agency for Defrauded Investors? at the Corporate Women Scholars Conference at Seattle University School of Law. She also presented the paper as part of the 11th Annual UC Faculty Summer Scholarship Series.

Several of Barbara's books and articles were cited:

• Brokers and Advisers - What's in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005), and The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003), in Thomas L. Hazen & Jerry W. Markham, Broker-Dealer Operations under Securities and Commodities Law (Clark Boardman Callaghan, 2007 Supp.), and Thomas Lee Hazen, Law of Securities Regulation, (Thomson-West, 2007 Supp.).
• Corporate Dividends and Stock Repurchases (Clark Boardman Callaghan, 1990), in Richard A. Booth, Financing the Corporation (Clark Boardman Callaghan, 2007 Supp.).
• Economic Suicide: The Collision of Ethics and Risk in Securities Law, 64 U. Pitt. L. Rev. 483 (2003) (with Jill I. Gross), and Securities Regulation in the Electronic Age: Online Trading, Discount Broker's Responsibilities and Old Wine in New Bottles, 28 Sec. Reg. L.J. 15 (2000), in Thomas Lee Hazen, Law of Securities Regulation, (Thomson-West, 2007 Supp.).

Barbara was quoted in:

• OSI Deal Was Manipulated from the Top, Some Say, St. Petersburg Times, June 5, 2007.
• SEC Interested in Web Musings of Whole Foods CEO, Washington Post, July 14, 2007.
• SEC Proposes New Capital-Raising Rules, Compliance Week, July 3, 2007.

June 2007

The Corporate Law Center is assisting the Ohio Task Force on Commercial Dockets with research on the operation of business and commercial courts in the United States. The Task Force, co-chaired by Patrick Fischer, President of the Cincinnati Bar Association (and partner at Keating, Muething & Klekamp) and Judge John Bessey, was appointed by the Chief Justice of the Ohio Supreme Court to assess the best method of establishing commercial civil litigation dockets in the courts of common pleas in Ohio and to develop, oversee and evaluate a pilot project. Barbara met with the Task Force members and 2Ls Philip Borger and Nicklaus McKee are working full-time this summer on this ongoing project.

Barbara was selected by the AALS Section on Securities Regulation to present a paper, Are Retail Investors Better Off After Sarbanes-Oxley?, for presentation at the AALS Annual Meeting in New York City in January 2008. The paper will be published in the Brooklyn Journal of Corporate and Securities Law.

April 2007

Barbara organized and moderated the Center for Corporate Law's symposium, Twenty Years After Shearson/American Express v. McMahon: Assessing Investors' Remedies. Among the presenters and commentators were:

• Edward J. Brunet (Lewis & Clark)
• Mercer E. Bullard (Mississippi)
• Jill Gross (Pace)
• Jennifer A. O'Hare (Villanova)
• Jeffrey Stempel (UNLV)
• Stephen J. Ware (Kansas)

Barbara hosted a panel discussion at the College on Professional Lives of Corporate Counsel.

Barbara's book, Corporate Dividends and Stock Repurchases, (Clark Boardman Callaghan, 1990), was cited in Charles W. Murdock, Business Organizations (West, Illinois Practice Series, 2007 Supp.).

Barbara's article, The Elusive Balance Between Investor Protection and Wealth Creation, 26 Pace L. Rev. 27 (2005) (with Jill Gross), was cited in Stephanie Thielen Eckerle, Three Strikes You're Out: The Effect and Controversies of the SEC's Attempted Mandate for Greater Independence on Mutual Fund Boards, 40 Ind. L. Rev. 149 (2007).

March 2007

Barbara presented Transforming Rhetoric into Reality: A Federal Remedy for Negligent Brokerage Advice, 8 Transactions: Tenn. J. Bus. L. 101 (2006), to the faculty at Chase College of Law. She attended Northwestern's Small Business Opportunity Conference. Barbara moderated a seminar with the lawyers at Keating Muething & Klekamp on the new Ohio Rules of Professional Responsibility.

Several of Barbara's articles were cited:

• Fraud on the Market: A Criticism of Dispensing with Reliance Requirements in Certain Open Market Transactions, 62 N.C. L. Rev. 435 (1984), in Margaret V. Sachs, Materiality and Social Change: The Case for Replacing "The Reasonable Investor" with "The Least Sophisticated Investor" in Inefficient Markets, 81 Tul. L. Rev. 473 (2006).
• The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), in Keith A. Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5, 9 Causes of Action 271 (2d ed. 2006).
• Making It Up as They Go Along: The Role of Law in Securities Arbitration, 23 Cardozo L. Rev. 991 (2002) (with Jill I. Gross), in Ann Morales Olazabal, Analyst and Broker-Dealer Liability under 10(b) for Biased Stock Recommendations, 1 N.Y.U. J. L. & Bus. 1 (2004).

February 2007

Barbara launched Securities Law Prof Blog as part of Paul Caron's Law Professor Blogs Network.

Barbara attended the AALS Annual Meeting in Washington, D.C. She was quoted in Neale Sold $19 Million in Company Stock, Post-Tribune, Jan. 31, 2007.

January 2007

Barbara was named Charles Hartsock Professor of Law.

Several of Barbara's publications were cited:

• Brokers and Advisers - What's in a Name?, 11 Fordham J. Corp. & Fin. L. 31 (2005); Securities Regulation in the Electronic Age: Online Trading, Discount Broker's Responsibilities and Old Wine in New Bottles, 28 Sec. Reg. L.J. 15 (2000); and The Irony of Securities Arbitration Today: Why Do Brokerage Firms Need Judicial Protection?, 72 U. Cin. L. Rev. 415 (2003), in Thomas Lee Hazen, Law of Securities Regulation (Thomson West, 2007 Supp.).
• Corporate Dividends and Stock Repurchases, (Clark Boardman Callaghan, 1990), in Lee R. Petillon & Robert Joe Hull, Representing Start-Up Companies (Clark Boardman Callaghan, 2006 Supp.).
• The Second Circuit's Approach to the "In Connection With" Requirement of Rule 10b-5, 53 Brook. L. Rev. 539 (1987), in Keith A. Rowley, Cause of Action for Securities Fraud under Section 10(b) of the 1934 Securities Exchange Act and/or Rule 10b-5 in Causes of Action Second Series (Clark Boardman Callaghan, 2006 Supp.).

Please see Faculty News Archives for earlier issues.