GAMCO Investors, Inc. v. Vivendi, S.A.

Post-Trial Opinion Entering Judgment for Vivendi

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Opinion entering judgment for Vivendi after bench trial in securities litigation.

The sole issue in the case at this stage was whether Vivendi could rebut the fraud on the market presumption of reliance with respect to the GAMCO and Gabelli investors that opted-out of the securities class action.

Vivendi had to attempt this rebuttal without arguing that the market for Vivendi ADS’s was inefficient, that there was no price impact, that the truth about Vivendi’s misstatements was known to the market, or that the plaintiffs were in possession of corrective non-public information. They were precluded from making these arguments as a result of collateral estoppel.

In other words, Vivendi had a high hurdle to overcome here, and managed to do so.

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Published In: Civil Procedure Updates, Mergers & Acquisitions Updates, Securities Updates

Reference Info:Decision | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Adam Savett, Kurtzman Carson Consultants LLC | Attorney Advertising

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Adam Savett
Kurtzman Carson Consultants LLC

Adam Savett is a nationally recognized expert on securities litigation. He is a frequent speaker,... View Profile »


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