Kevin S. Haeberle

Kevin S. Haeberle

Professor of Law; Fellow, Center for the Study of Law and Markets
Degrees: J.D., Columbia Law School; B.A., Georgetown University
Email: [[kshaeberle]]
Office phone: (757) 221-1475
Office location: Room 229A
Full resume: here (.pdf in new window)
Areas of Specialization

Corporate law and securities law with a particular focus on financial-instrument trading markets and their regulation (namely, that relating to exchanges and broker-dealers) as well as investment companies, investment advisers, and ETFs and their regulation

Teaching Interests

Corporate law, securities law, and the “market structure” of financial-instrument trading markets. Current classes: Business Associations, Securities Litigation, and Broker-Dealer & Exchange Regulation

Representative Professional Activities and Achievements

Professor Haeberle’s scholarly work has primarily focused on the stock market and other secondary markets for financial instruments. He serves as a Fellow with the William and Mary Law School Center for the Study of Law & Markets and as a Program Fellow with the Columbia Law School and Business School Program in the Law & Economics of Capital Markets. His work includes Marginal Benefits of the Core Securities Laws (published in the Journal of Financial Regulation in 2021) as well as articles that have been selected for republication in the Securities Law Review (Information Asymmetry and the Protection of Investors (2019); Stock-Market Law and the Accuracy of Public Companies’ Stock Prices (2015)) and for presentation at a number of events, including the 2020 Yale/Stanford/Harvard Junior Faculty Forum and the 2015 GW Center for Law, Economics, and Finance Junior Faculty Business and Financial Law Workshop. His work and views on a number of corporate and securities matters have been featured on NPR and in the New York Times, Wired, Financial Times, The Hill, Bloomberg Law, Bloomberg News, and the Wall Street Journal.

Professor Haeberle has been retained as an expert consulting and testifying witness by the United States Securities and Exchange Commission as well as by the Office of the Federal Public Defender. He has also provided subject matter expertise to assist the New York State Attorney General’s Office (Investor Protection Bureau), attorneys on an amicus brief in favor of the SEC’s Transaction Fee Pilot, and attorneys litigating private causes of action under the federal securities laws. Additionally, he provided a series of lectures to the legal staff of the Brazilian securities and exchange commission relating to secondary markets for financial instruments and their regulation in the United States. Professor Haeberle has also filed public comment letters with the SEC (relating to actively managed ETFs) and CFTC (relating to aspects of the digital-asset market structure that hold potential to improve trading in more traditional secondary markets for financial instruments), and has served as a peer reviewer for Oxford University Press publications.

Prior to joining William and Mary Law School, Professor Haeberle was an Assistant Professor at the University of South Carolina School of Law (summer 2014 – summer 2017), where he received the Teacher of the Year award. He also was a post-doctoral fellow with the Columbia Law School and Business School Program in the Law and Economics of Capital Markets (2012 – 2014). He served as a Visiting Lecturer in the joint law school and business school Capital Markets Regulation class during that time. Additionally, Professor Haeberle practiced law (with a focus on securities litigation) in New York, and served as a law clerk for Judge Victor Marrero of the United States District Court for the Southern District of New York, and as a foreign law clerk for Chief Justice Aharon Barak of the Supreme Court of Israel.

Scholarly Publications
Articles and Book Chapters
  • Fraud-on-the-Market Liability in the ESG Era, 98 Tulane L. Rev. ___ (forthcoming 2023) (draft available). SSRN.
  • The Emergence of the Actively Managed ETF, 2021 Colum. Bus. L. Rev. 1321 (2022) (Columbia Business Law Review's January 2022 Future of Securities Regulation symposium edition). SSRN.
  • Marginal Benefits of the Core Securities Laws, 7 J. Fin. Reg. 254 (2021). SSRN.
  • Information Asymmetry and the Protection of Ordinary Investors, 53 U.C. Davis L. Rev. 145 (2019) (reprinted in 2020 Sec. L. Rev. and selected for presentation at the Yale/Stanford/Harvard Junior Faculty Forum). SSRN.
  • A New Market-Based Approach to Securities Law, 85 U. Chi. L. Rev. 1313 (2018) (with M. Todd Henderson). SSRN.
  • Making a Market for Corporate Disclosure, 35 Yale J. Reg. 2 (2018) (with M. Todd Henderson). SSRN.
  • Discrimination Platforms, 42 J. Corp. L. 809 (2017). SSRN.
  • Evaluating Stock-Trading Practices and Their Regulation, 42 J. Corp. L. 887 (2017) (with Merritt B. Fox). SSRN.
  • Information-Dissemination Law: The Regulation of How Market-Moving Information Is Revealed, 101 Cornell L. Rev. 1373 (2016) (with M. Todd Henderson). SSRN.
  • Stock-Market Law and the Accuracy of Public Companies' Stock Prices, 2015 Colum. Bus. L. Rev. 121 (2015) (reprinted in 2017 Sec. L. Rev. and selected for presentation at the Center for Law, Economics, and Finance Junior Faculty Business and Financial Law Workshop). SSRN.

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