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Petition for Rulemaking on Short and Distort
- Verstein, Andrew;
- Coffee, John;
- Mitts, Joshua;
- Cox, James;
- Molk, Peter;
- Green, Edward;
- Thomas, Randall;
- Eisenberg, Meyer;
- Thompson, Robert;
- Honigsberg, Colleen;
- Langevoort, Donald;
- Whitehead, Charles
Abstract
Today, some hedge funds attack public companies for the sole purpose of inducing a short-lived panic which they can exploit for profit. This sort of market manipulation harms average investors who entrust financial markets with their retirement savings. While short selling serves a critical function in the capital markets, some short sellers disseminate negative opinion about a company, inducing a panic and sharp decline in the stock price, and rapidly close that position for a profit prior to the price partially or fully rebounding. We urge the SEC to enact two rules which will discourage manipulative short selling. The petition for rule-making on short and distort has been jointly signed by twelve securities law professors nationwide.