December 2012

The Reform Act’s heightened pleading standards were designed to increase the number of securities class actions dismissed at the pleading stage.  An unintended consequence, however, has been a liberal application of the already liberal standards for amendment under Rule 15.  In Eminence Capital v. Aspeon, Inc., the Ninth Circuit explained the rationale for this approach:

I am frequently asked about the safety of director service.  Below is the text of a short article I wrote for a forthcoming issue of a business publication.

Although the article is short and non-technical, I decided it was a good opportunity to start a discussion here on director service.  I would enjoy a dialogue