Selected Publications

Books and Monographs

The Hellhound of Wall Street: How Ferdinand Pecora’s Investigation of the Great Crash Forever Changed American Finance (Penguin Press forthcoming 2010)

SECURITIES LITIGATION AFTER THE REFORM ACT (CCH 2000) (Updated semi-annually).

The Milberg Weiss Prosecution:  No Harm, No Foul?  AE1 Legal Center for the Public Interest, Briefly…, Vol. 11, No. 9

 Book Chapters

Have Institutional Fiduciaries Improved Securities Class Actions? A Review of the Empirical Literature on the PSLRA’s Lead Plaintiff Provision, in Handbook of Institutional Investment and Fiduciary Duty (Cambridge University Press, forthcoming). SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2175217.

Crisis, Scandal and Financial Reform during the New Deal in The Oxford Handbook of the New Deal (Oxford University Press, forthcoming). SSRN: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2054806

Articles 

Setting Attorneys’ Fees in Securities Class Actions: An Empirical Assessment, forthcoming Vanderbilt Law Review (with Lynn A. Baker and Charles Silver).

The Financial Crisis Inquiry Commission and the Politics of Governmental Investigations, 80 U. Mo.-Kan. City L. Rev. 1063 (2012).

Institutional Activism through Litigation: An Empirical Assessment of Public Pension Fund Participation in Securities Class Actions, 9 Journal of Empirical Legal Studies 363 (2012).

Strategic Statutory Interpretation in Federal District Courts: Evidence from Securities Fraud Actions, 3 J. Empirical Legal Stud. 497 (2006).

SEC Enforcement of Attorney Up-the-Ladder Reporting Rules: An Analysis of Institutional Constraints, Norms, and Biases, 49 Vill. L. Rev. 851 (2004).

Stock Price Response to News of Securities Fraud Litigation: An Analysis of Sequential and Conditional Information, 40 Abacus 21 (2004) (with Paul A. Griffin & Joseph A. Grundfest).

American Corporate Reform Abroad: Sarbanes-Oxley and the Foreign Private Issuer, 4 Eur. Bus. Orgs. L. Rev. 213 (2003).

Did the Private Securities Litigation Reform Act Work? , 2003 U. Ill. L. Rev. 913, reprinted 37 Securities L. Rev. 369 (2005).

Enron's Legislative Aftermath: Some Reflections on the Deterrence Aspects of the Sarbanes-Oxley Act of 2002, 76 St. John's L. Rev. 671 (2002).

Securities Law for the Next Millennium: A Forward-Looking Statement, 75 St. John's L. Rev. 1 (2001).

Fraud and Federalism: Preempting Private State Securities Fraud Causes of Action, 50 Stan. L. Rev. 273 (1998).

Class Action Chaos? The Theory of the Core and an Analysis of Opt Out Rights in Mass Tort Class Actions, 46 Emory L.J. 85 (1997).

A Strong Inference of Fraud? An Early Interpretation of the 1995 Private Securities Litigation Reform Act, 1 Sec. Reform Act Litig. Rep. 397 (1996).

The Pentium Papers: A Case Study of Collective Institutional Investor Activism in Litigation, 38 Ariz. L. Rev. 559 (1996) (with Joseph A. Grundfest).

Drafting Mediation Privileges: Lessons From the Civil Justice Reform Act, 26 Seton Hall L. Rev. 1 (1995).

Not Just A Private Club: Self-Regulatory Organizations as State Actors, 1995 Colum. Bus. L. Rev. 453 (with Richard A. Stone).

Comment, Justice Scalia: Standing, Environmental Law and the Supreme Court, 15 B.C. Envtl. Aff. L. Rev. 135 (1987).

Working Papers

Securities Litigation Reform: The First Year's Experience (A Statistical and Legal Analysis of Class Action Securities Fraud Litigation Under the Private Securities Litigation Reform Act of 1995), Working Paper No. 140, John M. Olin Program in Law and Economics Working Paper Series, Stanford Law School (February 1997) (with Joseph A. Grundfest).

Markets and Monitors: The Impact of Competition and Experience on Attorneys' Fees in Securities Class Actions, http://ssrn.com/absract=870577

Other Writings
 
How the FCIC Can Salvage Its Relevancy, Fortune.com (Nov. 2, 2010)

Another View: Lessons From Pecora Were Ignored, New York Times DealBook (Oct. 14, 2010)

Is Securities Arbitration Fair for Investors?, Written Testimony of Professor Michael A. Perino Before the Subcommittee on Capital Markets, Insurance, and Government Sponsored Enterprises of the Committee on Financial Services, United States House of Representatives (March 17, 2005).

REPORT TO THE SECURITIES AND EXCHANGE COMMISSION REGARDING ARBITRATOR CONFLICT DISCLOSURE REQUIREMENTS IN NASD AND NYSE SECURITIES ARBITRATIONS (Nov. 4, 2002).

What We Know and Don't Know About the Private Securities Litigation Reform Act of 1995, Written Testimony of Michael A. Perino Before the Subcommittee on Securities of the Committee on Banking, Housing, and Urban Affairs, United States Senate (Oct. 29, 1997).

A Census of Securities Class Action Litigation After the Private Securities Litigation Reform Act of 1995, Written Testimony of Michael A. Perino Before the Subcommittee on Securities of the Committee on Banking, Housing, and Urban Affairs, United States Senate (July 24, 1997).

Ten Things We Know and Ten Things We Don't Know About the Private Securities Litigation Reform Act of 1995, Joint Written Testimony of Joseph A. Grundfest and Michael A. Perino Before the Subcommittee on Securities of the Committee on Banking, Housing, and Urban Affairs, United States Senate (July 24, 1997).

 

 

Michael A. Perino
St. Johns University School of Law