The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Wed, 17 Jun 2026 15:48:10 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.8 https://corpgov.law.harvard.edu/wp-content/uploads/2024/02/cropped-photography-4-e1706898544564-1-32x32.png Halliburton: The Morning After – The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu 32 32 Halliburton: The Morning After https://corpgov.law.harvard.edu/2014/02/07/halliburton-the-morning-after/?utm_source=rss&utm_medium=rss&utm_campaign=halliburton-the-morning-after https://corpgov.law.harvard.edu/2014/02/07/halliburton-the-morning-after/#comments Fri, 07 Feb 2014 14:06:30 +0000 http://blogs.law.harvard.edu/corpgov/?p=59544?d=20141202155145EST Posted by Boris Feldman, Wilson Sonsini Goodrich & Rosati, on Friday, February 7, 2014
Editor's Note:

Boris Feldman is a member of Wilson Sonsini Goodrich & Rosati, P.C. The views expressed in this post are those of Mr. Feldman and do not reflect those of his firm or clients. Doru Gavril also contributed to this post. The Supreme Court’s expected reconsideration of Basic is also discussed in a Harvard Law School Discussion Paper by Professors Lucian Bebchuk and Allen Ferrell, Rethinking Basic, discussed on the Forum here.

The blogosphere is abuzz over Halliburton. [1] Will the Supreme Court overturn Basic [2] and abolish the fraud-on-the-market presumption? Will the decision end shareholder class actions as we have known them? Presumably, by the Fourth of July, we will know.

The purpose of this post is not to predict the outcome of Halliburton. Rather, it is to begin thinking about ways in which the plaintiffs’ bar may respond if the Court does overturn Basic. Those who think that plaintiffs’ lawyers will go quiet into the night are, in my opinion, ignoring the lessons of history.

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