Growing with Purpose, Sustainability

Total Page:16

File Type:pdf, Size:1020Kb

Growing with Purpose, Sustainability Growing with purpose Sustainability Report 2019 Sustainability Report 2019 Table of contents / 2 Table of contents Engagement 56 Introduction 3 Our Corporate Sustainability Strategy 11 Social investment programs 57 Message from our President and CEO 4 Environmental 15 Disaster recovery 60 A note about Kelly’s COVID-19 response 5 Environment 17 A timeline of Kelly’s Corporate Sustainability Strategy 6 Energy efficiency 19 Governance 61 Our business 7 Water consumption 22 Ethics and business conduct 63 Governance 64 Mergers, acquisitions, investments, and divestitures 8 Waste management 22 Code of Business Conduct and Ethics 65 Kelly by the numbers 9 Occupational health & safety 23 Privacy and data protection 66 Recognition 10 Occupational health & safety: employees 24 Occupational health & safety: customers 24 Communication and reporting 67 Internal communications 68 Social 27 Employees and people 29 External communications - sustainability standards 69 Our people 30 Transparency and integrity line 69 Diversity and inclusion 41 How we report 70 Human rights 45 Materiality 71 Supply chain and customer relations 46 Stakeholder engagement 73 Our supply chain (KellyOCG) 49 Supplier risk management 52 About this report 76 S upplier Code of Conduct 53 GRI index 78 Diverse supplier strategy 54 Sustainability Report 2019 Table of contents / 3 Introduction Message from our President and CEO A note about Kelly’s COVID-19 response A timeline of Kelly’s Corporate Sustainability Strategy Our business Mergers, acquisitions, investments, and divestitures Kelly by the numbers Recognition Sustainability Report 2019 Introduction / Message from our President and CEO Table of contents / 4 Message from our President and CEO At Kelly®, we know who we are. We are a talent our corporate headquarters. Hosting a community began supporting the UN Global Compact and company with a deep sense of purpose: to connect volunteer event in-house provided for a rewarding we are committed to aligning our initiatives to the people with work in ways that enrich their lives. experience for both our guests, as well as us as Sustainable Development Goals. We have also And, we carry out our purpose in ways of welcoming volunteers. created processes and procedures to advance and celebrating the varied backgrounds, talents, sustainability proactively, resulting in an increase ideas, contributions, and workstyles of all. Being Based on six key pillars, our sustainability strategy to our performance and scoring in all our external a champion for people to succeed in their work/ focuses on an Environmental, Social, and assessments and auditing processes. life journey is how we win in a global, competitive Governance (ESG) structure, coinciding with our market, and most importantly make a positive critical business values: Thank you for joining us on our journey of impact on the world and people everywhere. sustainability, as we continue to grow with purpose. • Environmental: Health, Safety & Environment We are proud of the positive impact we have had Our approach to sustainability relates to making • Social: Employees and People; Supply Chain and on our communities, our world, and people, where a positive environmental and social impact, being Customer Relations; Engagement together we thrive. strategic to our business values, rather than • Governance: Ethics and Business Conduct; being philanthropic. Designed on the concept Communications and Reporting of social investment, it ensures the creation of future development capacities instead of aiding As sustainability initiatives continue to be a forefront on isolated occasions. We support initiatives of ambition for positive change in the world where our employees can actively engage in the and workplace, Kelly is on a path of continuous Peter Quigley causes they believe in that are also connected to improvement, setting impressive goals ingrained in President & Chief Executive Officer our sustainability strategy. In 2019, I had the honor our business values that help address the world’s Kelly Services of participating as a volunteer in the first Engage environmental and social challenges, while adding (our corporate volunteer program) event held at value for all our stakeholders. As of 2019, Kelly Sustainability Report 2019 Introduction / A note about Kelly’s COVID-19 response Table of contents / 5 A note about Kelly’s COVID-19 response Since the Coronavirus outbreak was first reported Kelly operations remain open. We have allocated keen focus on personal well-being, we made training in December 2019, Kelly has been carefully as many resources as possible to support those available through the Kelly Learning Center (KLC) “An experienced crisis team monitoring the situation. The Covid-19 pandemic displaced from their jobs and find them employment around topics such as health and safety, wellness, at Kelly is working around the has dramatically affected the rhythm of our daily within our Kelly network. The health and safety stress and anxiety management, and remote work life with severe health and economic impacts. of our employees and workers continue to be a readiness. We also made counseling sessions clock to assess and decisively During this difficult, uncertain time, we reinforce priority, and we have implemented health and safety available to our employees and created a follow-up act on the latest Coronavirus our commitment to helping our employees and protocols to ensure social distancing in essential plan for those directly impacted by the pandemic. customers with information and support to navigate jobs and avoid the unnecessary risk of transmission. You can find more information here. information so that we can the crisis. Our industry and its valuable temporary workers are help protect our workers actively serving health care, science, technology, The depth and breadth of our global field network Our Emergency Management Team is leading and education organizations that are on the front and our shared services operations allow us to everywhere.” the company’s global response plan and business lines of fighting the Coronavirus. continue offering our customers the support they continuity actions, ensuring the health and safety need to maintain their operations, even from Peter Quigley of our employees and customers. Every day, this We established a dedicated page on our website to a remote location. Kelly’s business continuity President and CEO group monitors the Covid-19 situation, evaluates stay connected with our workers and collaborators team is supporting local responses across all our readiness to respond, and adopts strategic and provide updated information and responsive customers and regions, following guidelines decisions to support our Kelly community around actions across the world. It includes helpful and recommendations from the World Health the globe. In the wave of the Covid-19 crisis, we information for employers and employees alike, such Organization (WHO), the U.S. Center for Disease have implemented a specific business continuity as virtual work best practices and resources, tips for Control (CDC), and the European Center for plan for preparing and responding to pandemics. balancing their work and personal lives during the Disease Prevention and Control. We continue This plan includes infectious control measures, crisis, and the Kelly Cares Hotline (855.Kelly.06), working closely with our customers to provide communication, education, and travel safety which was launched to more rapidly connect with individualized business continuity plans and mechanisms. employees and help them find what’s next. With a encourage collaboration and action. Sustainability Report 2019 Introduction / A timeline of Kelly’s Corporate Sustainability Strategy Table of contents / 6 A timeline of Kelly’s Corporate Sustainability Strategy In 2017, Kelly made a formal commitment to and economic aspects of the organization, and In 2019, Kelly’s commitment to sustainable maintaining and reinforcing its corporate ethics— one that fully integrates our stakeholder needs development increased, as we adhered to the specifically, in terms of sustainable development, and expectations. This comprehensive corporate United Nations Global Compact in order to which is to invest in the resources of the present sustainability strategy is also a transverse axis within contribute to the achievement of its Sustainable and ensure those resources are available for the entire company, thus influencing all functional Development Goals and Impact 2030 Agenda. future generations. The following year, we began areas and emerging as part of the company’s DNA. a process of self-evaluation and stakeholder We are very pleased to present Kelly’s Sustainability engagement, to create a comprehensive strategy As the Corporate Sustainability Lead, I am Report, Growing with Purpose, for the year 2019. for corporate social responsibility and sustainability particularly proud of the integration and Belen Benitez that combines the needs of our stakeholders— active participation of our stakeholders in the Corporate Sustainability Lead including customers, collaborators, suppliers, development of our strategy. It is for this reason control entities, and the community. The main that our strategy’s content and vision for the future objective: To generate medium- and long-term is endorsed by our stakeholders, generating a sustainable development processes that help all strong sense of belonging; creating added value; Kelly stakeholders thrive. promoting respect
Recommended publications
  • Materiality (2006 Professionalism Discussion Paper)
    AMERICAN ACADEMY OF ACTUARIES Council on Professionalism MATERIALITY Concepts on Professionalism Discussion Paper Prepared by Task Force on Materiality PROFESSIONALISM SERIES 2006 • NO. 8 TABLE OF CONTENTS Preface............................................................................................................ ii Background ................................................................................................... iii Purpose and Scope ......................................................................................... v Defining Materiality....................................................................................... 1 Reflecting Upon Materiality: User is Key .................................................... 3 Applying Judgment About Materiality ......................................................... 5 Accounting Vs. Actuarial Materiality ........................................................... 7 Communication and Disclosure..................................................................... 8 Appendix: Helpful Sources for Use in Selecting Materiality Standards ....... 9 MATERIALITY • JUNE 2006 i PREFACE This discussion paper was developed by the Task Force on Materiality of the Council on Professionalism of the American Academy of Actuaries for discretionary use by actuaries. Its purpose is to assist actuaries in considering various aspects of materiality as they provide professional services to their principals. This paper was not promulgated by the Actuarial Standards Board and is not binding
    [Show full text]
  • In the United States District Court for the District of Kansas
    Case 5:04-cr-40141-JTM Document 293 Filed 10/20/05 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS UNITED STATES OF AMERICA, ) ) Plaintiff, ) CRIMINAL ACTION ) v. ) No. 04-40141-01, 02 ) ARLAN DEAN KAUFMAN and ) LINDA JOYCE KAUFMAN, ) ) Defendants. ) ) ORDER This case comes before the court on a motion to quash the subpoena issued to Tom R. (Doc. 286.) Defendants subpoenaed Tom R. to testify in their behalf. They have proffered what his testimony would likely be. That proffer will be filed under seal as a court exhibit. The motion to quash the subpoena is DENIED, subject to conditions. Defendants’ rights have been aptly summarized in United States v. Moussaoui, 382 F.3d 453 (4th Cir. 2004): The compulsory process right does not attach to any witness the defendant wishes to call, however. Rather, a defendant must demonstrate that the witness he desires to have produced would testify "in his favor," U.S. Const. amend, VI, see United States v. Valenzuela-Bernal, 458 U.S. 858, 867, 102 S. Ct. 3440, 73 L. Ed. 2d 1193 (1982). Thus, in order to assess [defendants’] interest, we must determine whether [Tom R.] could provide testimony material to [defendants’] defense. Because [defendants have] not had--and will not receive--direct access to [Tom R., they] cannot be required to show materiality with the degree of specificity that applies in the ordinary case. Case 5:04-cr-40141-JTM Document 293 Filed 10/20/05 Page 2 of 3 See Valenzuela-Bernal, 458 U.S.
    [Show full text]
  • The Reasonable Investor of Federal Securities Law
    This article was originally published as: Amanda M. Rose The Reasonable Investor of Federal Securities Law 43 The Journal of Corporation Law 77 (2017) +(,121/,1( Citation: Amanda M. Rose, The Reasonable Investor of Federal Securities Law: Insights from Tort Law's Reasonable Person & Suggested Reforms, 43 J. Corp. L. 77 (2017) Provided by: Vanderbilt University Law School Content downloaded/printed from HeinOnline Tue Apr 3 17:02:15 2018 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device The "Reasonable Investor" of Federal Securities Law: Insights from Tort Law's "Reasonable Person" & Suggested Reforms Amanda M. Rose* Federalsecurities law defines the materiality ofcorporatedisclosures by reference to the views of a hypothetical "reasonableinvestor. " For decades the reasonable investor standardhas been aflashpointfor debate-with critics complaining of the uncertainty it generates and defenders warning of the under-inclusiveness of bright-line alternatives. This Article attempts to shed fresh light on the issue by considering how the reasonable investor differs from its common law antecedent, the reasonableperson of tort law. The differences identified suggest that the reasonableinvestor standardis more costly than tort, law's reasonableperson standard-theuncertainty it generates is both greater and more pernicious. But the analysis also reveals promising ways to mitigate these costs while retainingthe benefits of theflexible standard 1.
    [Show full text]
  • Fraud Against Financial Institutions: Judging Materiality Post- Escobar
    William & Mary Business Law Review Volume 12 (2020-2021) Issue 3 Article 3 April 2021 Fraud Against Financial Institutions: Judging Materiality Post- Escobar Matthew A. Edwards Follow this and additional works at: https://scholarship.law.wm.edu/wmblr Part of the Banking and Finance Law Commons, and the Courts Commons Repository Citation Matthew A. Edwards, Fraud Against Financial Institutions: Judging Materiality Post-Escobar, 12 Wm. & Mary Bus. L. Rev. 621 (2021), https://scholarship.law.wm.edu/wmblr/vol12/iss3/3 Copyright c 2021 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmblr FRAUD AGAINST FINANCIAL INSTITUTIONS: JUDGING MATERIALITY POST-ESCOBAR MATTHEW A. EDWARDS* ABSTRACT In Neder v. United States, 527 U.S. 1 (1999), the Supreme Court held that proof of materiality is required for convictions under the federal mail, wire and bank fraud statutes. During the past 20 years, the federal courts have endeavored to apply the complex com- mon law concept of materiality to the federal criminal law context. The Supreme Court’s recent decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), a civil case involving the False Claims Act, provided the federal appellate courts with an ideal opportunity to reconsider materiality standards in federal fraud cases. In particular, criminal fraud defendants have argued that Escobar’s “subjective” materiality standard should be applied in mail, wire and bank fraud cases involving financial institutions. Thus far, these arguments have failed. Instead, the Courts of Appeals have endorsed an objective materiality standard tethered to what a reasonable bank would do—not the behavior of renegade lenders.
    [Show full text]
  • COVID-19 Rescue Moratorium
    Passport to disclosure and privilege Your global guide Paul Worth The law on disclosure and Co-Head of Global Litigation privilege differs between Eversheds Sutherland common law and civil law T: +44 207 919 0686 M: +44 790 968 4372 jurisdictions and from [email protected] country to country. Rocco Testani Our litigation and arbitration practice has a truly Co-Head of Global Litigation international reach with offices across the UK, Eversheds Sutherland Europe, Middle East, Asia, Africa and the US. Our T: +1 404 853 8390 dedicated teams from across the globe have M: +1 678 613 9954 collaborated to provide you with a quick [email protected] reference guide to the approach to disclosing documents and privilege across different Kymberly Kochis jurisdictions. For advice on specific issues, please Co-Head of Global Litigation get in touch with the contact/s for each Eversheds Sutherland jurisdiction. This is a free resource provided to T: +1 212 389 5068 our clients and the wider business community. M: +1 267 567 2946 We hope that you find the guide helpful for you [email protected] and your teams and welcome any feedback you may have on its future development. The information contained in this document is intended as a guide only. Whilst the information it contains is believed to be correct, it is not a substitute for appropriate legal advice. Eversheds Sutherland can take no responsibility for actions taken based on the information contained in this document. Jurisdictions UK Jurisdictions
    [Show full text]
  • Download Download
    BOOK REVIEWS 823 THE LAW OF EVIDENCE, David Paciocco and Lee Stuesser (Concord: Irwin Law, 1996) I. INTRODUCTION The Law of Evidence by David Paciocco and Lee Stuesser provides a useful handbook on the law of evidence. As a textbook of some 299 pages, it cannot compete with the treatise on Evidence in Trials at Common Law by Wigmore, nor the 1,000 page text on The Law of Evidence in Canada by Sopinka, Lederman & Bryant, 2d ed. Nonetheless, it is, in the words of Madam Justice Louise Chairon (who wrote the foreward to the textbook), "a concise yet scholarly summary of the major rules of the law of evidence."1 The book consists of thirteen chapters. Chapter 1 is an introduction, and chapter 13 is a conclusion. The remaining chapters consist of a discussion of the law of evidence on the following subjects, namely: "Relevance and Materiality: The Basic Rule of Admissibility"; "Character Evidence: Primary Materiality"; "Hearsay Exceptions"; "Opinion Evidence"; "Privilege"; "Self-Incrimination"; "Improperly Obtained Evidence"; "Methods of Presenting Evidence"; "Secondary Materiality and Your Own Witness"; "Rules Relating to the Use of Admissible Evidence." The textbook encompasses rules of evidence in civil litigation and criminal litigation. II. METHODOLOGY OF THE AUTHORS In chapters 2 through 12, the authors summarize what they extrapolate as the basic rules of evidence in a series of italicized statements. There are approximately sixty of these summations contained in the textbook. Each of these statements of the rules governing various areas of evidence law are then discussed in the context of the governing authorities. Some of these concise statements of the law are easily articulated and easily understood.
    [Show full text]
  • United States District Court Southern District of Indiana Indianapolis Division
    Case 1:15-cv-00758-JMS-MJD Document 264 Filed 04/19/18 Page 1 of 36 PageID #: <pageID> UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION UNITED STATES SECURITIES AND EXCHANGE ) COMMISSION, ) ) Plaintiff, ) ) No. 1:15-cv-00758-JMS-MJD vs. ) ) ITT EDUCATIONAL SERVICES, INC., KEVIN M. ) MODANY, and DANIEL M. FITZPATRICK, ) ) Defendants. ) ORDER Plaintiff United States Securities and Exchange Commission (the “SEC”) filed this lawsuit against Defendants ITT Educational Services, Inc. (“ITT”),1 ITT’s former Chief Executive Officer Kevin Modany, and ITT’s former Chief Financial Officer Daniel Fitzpatrick, alleging that Defendants violated federal securities laws in connection with two student loan programs created by ITT for ITT students. The SEC on the one hand, and Mr. Modany and Mr. Fitzpatrick on the other, have filed numerous motions to exclude expert testimony in advance of the July 9, 2018 trial. Specifically, presently pending and ripe for the Court’s consideration are: (1) Defendants’ Motion to Exclude the Report, Testimony, and Opinions of Harvey L. Pitt, [Filing No. 197]; (2) the SEC’s Motion to Preclude the Testimony of Defendants’ Expert David B.H. Martin, [Filing No. 201]; (3) Defendants’ Motion to Exclude the Report, Testimony, and Opinions of Kevin Kinser, Ph.D, [Filing No. 199]; (4) the SEC’s Motion to Preclude the Testimony of Defendants’ Expert Roger Meiners, [Filing No. 203]; (5) Defendants’ Motion to Exclude Certain Testimony 1 The SEC and ITT’s trustee ultimately settled all claims against ITT, and only claims against Mr. Modany and Mr. Fitzpatrick remain pending. [See Filing No.
    [Show full text]
  • The Use of Hearsay in Arbitration
    CHAPTER 10 THE USE OF HEARSAY IN ARBITRATION JAMES A. WRIGHT* A common, if not dominant, procedural problem in labor arbitration is the admission and use of hearsay evidence. What should an arbitrator do when hearsay is offered into evidence? Is it important for an arbitrator to know what is and what is not hearsay evidence? Should hearsay evidence be admitted as a general rule? If hearsay evidence is admitted, what weight should it be given? Whether to admit hearsay evidence is one of the most com- mon questions confronting arbitrators. As a general rule, I believe that hearsay evidence should be admitted in an arbitra- tion hearing. This allows arbitrators to receive the complete picture of all relevant facts without encountering legal tech- nicalities. It permits advocates—who are often untrained in the jurisprudence of evidence—to present a complete case to the arbitrator. It also forces arbitrators to deal with the underlying reliability and relevancy of each offered item of evidence. Many courts and arbitrators recognize the fact that hearsay evidence helps the arbitrator establish a fair understanding of the facts and issues of the case.1 One arbitrator has stated: Admission of hearsay is justified to keep arbitration from becoming too cumbersome through procedural wrangling, or by the require- ment that every witness who might be brought in be required to appear.2 Clearly, arbitrators must be given complete control over the admission of evidence. This nonlegalistic philosophy has been *Husch & Eppenberger, Peoria, Illinois. lSee Walden v. Teamsters Local 71,468 F.2d 196, 81 LRRM 2608 (4th Cir.
    [Show full text]
  • Specific Rulemaking on Materiality Guidance in Insider Trading Joan Macleod Hemingway
    Louisiana Law Review Volume 72 | Number 4 Summer 2012 Just Do It! Specific Rulemaking on Materiality Guidance in Insider Trading Joan MacLeod Hemingway Repository Citation Joan MacLeod Hemingway, Just Do It! Specific Rulemaking on Materiality Guidance in Insider Trading, 72 La. L. Rev. (2012) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol72/iss4/4 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Just Do It! Specific Rulemaking on Materiality Guidance in Insider Trading Joan MacLeod Heminway * Issuers, investors, and regulators have struggled with applying 1 the materiality test since the enactment of the securities laws. I. INTRODUCTION Insider trading has been in the news on a relatively constant basis in the new millennium. Raj Rajaratnam and associates, 2 Mark Cuban, 3 and Martha Stewart 4 have been among the many subjects of legal actions involving insider trading since the Enron debacle in 2002. Some of these cases have been garden-variety insider trading cases; others have exposed confusing and evolving elements of U.S. insider trading doctrine. 5 Most recently, Copyright 2012, by JOAN MAC LEOD HEMINWAY . * College of Law Distinguished Professor of Law, The University of Tennessee College of Law; A.B. 1982, Brown University; J.D. 1985, New York University School of Law. Work on this article was supported by the diligent and capable research assistance of Olatayo Atanda (J.D.
    [Show full text]
  • Statement of Policy Regarding Lawyers' Responses to Auditors
    Lawyers’ Responses to Auditors’ Requests for Information 1999 AU Section 337C Exhibit II—American Bar Association Statement of Policy Regarding Lawyers’ Responses to Auditors’ Requests for Information Note: This document, in the form herein set forth, was approved by the Board of Governors of the American Bar Association in December 1975, which official action permitted its release to lawyers and accountants as the standard recom- mended by the American Bar Association for the lawyer's response to letters of audit inquiry. Source: SAS No. 12. Preamble The public interest in protecting the confidentiality of lawyer-client commu- nications is fundamental. The American legal, political and economic systems depend heavily upon voluntary compliance with the law and upon ready access to a respected body of professionals able to interpret and advise on the law. The expanding complexity of our laws and governmental regulations increases the need for prompt, specific and unhampered lawyer-client communication. The benefits of such communication and early consultation underlie the strict statutory and ethical obligations of the lawyer to preserve the confidences and secrets of the client, as well as the long-recognized testimonial privilege for lawyer-client communication. Both the Code of Professional Responsibility and the cases applying the eviden- tiary privilege recognize that the privilege against disclosure can be knowingly and voluntarily waived by the client. It is equally clear that disclosure to a third party may result in loss of the "confidentiality" essential to maintain the privilege. Disclosure to a third party of the lawyer-client communication on a particular subject may also destroy the privilege as to other communications on that subject.
    [Show full text]
  • Resolving Election Error: the Dynamic Assessment of Materiality
    William & Mary Law Review Volume 54 (2012-2013) Issue 1 Article 3 November 2012 Resolving Election Error: The Dynamic Assessment of Materiality Justin Levitt Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Civil Rights and Discrimination Commons, and the Election Law Commons Repository Citation Justin Levitt, Resolving Election Error: The Dynamic Assessment of Materiality, 54 Wm. & Mary L. Rev. 83 (2012), https://scholarship.law.wm.edu/wmlr/vol54/iss1/3 Copyright c 2012 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr RESOLVING ELECTION ERROR: THE DYNAMIC ASSESSMENT OF MATERIALITY JUSTIN LEVITT* ABSTRACT The ghosts of the 2000 presidential election will return in 2012. Photo-finish and error-laden elections recur in each cycle. When the margin of error exceeds the margin of victory, officials and courts must decide which, if any, errors to discount or excuse, knowing that the answer will likely determine the election’s winner. Yet despite widespread agreement on the likelihood of another national melt- down, neither courts nor scholars have developed consistent princi- ples for resolving the errors that cause the chaos. This Article advances such a principle, reflecting the underlying values of the electoral process. It argues that the resolution of an election error should turn on its materiality: whether the error is material to the eligibility of a voter or the determination of her ballot preference. In developing this argument, this Article offers the first trans- substantive review of materiality as a governing principle.
    [Show full text]
  • Table of Contents
    Table of Contents Preface and Acknowledgments....................................................vii About the Contributors ...................................................................ix Table of Chapters ...........................................................................xxi Chapter 1 Introduction Jonathan C. Dickey § 1:1 The Changing Landscape of Securities Litigation........... 1-1 § 1:1.1 Judicial Decisions .................................................... 1-1 § 1:1.2 Impact of New SEC and Legislative Initiatives on Private Securities Litigation ..................................... 1-5 § 1:2 Future Outlook ............................................................... 1-7 Chapter 2 Basic Claims Under the Federal Securities Laws Robert F. Serio & Aric H. Wu § 2:1 Securities Act of 1933..................................................... 2-4 § 2:1.1 Section 11 ................................................................ 2-4 [A] Standing................................................................... 2-5 [B] Who May Be Sued ................................................... 2-7 [C] Elements .................................................................. 2-7 [D] Damages .................................................................. 2-9 [E] Defenses—Purchaser’s Knowledge of Untruth or Omission............................................. 2-10 [F] Defenses—Due Diligence ...................................... 2-10 [G] Defenses—Resignation and Notice ........................ 2-10 [H] Defenses—Loss Causation....................................
    [Show full text]