Discussion of Key Issues in Securities & Governance Litigation
I. Introduction
I’ve seen many changes during the more than 30 years I’ve defended securities class actions. The types of claims have evolved. From the indiscriminate claims that led Congress to pass the Private Securities Litigation Reform Act of 1995 (“Reform Act”), to the IPO laddering claims of the late 1990s, to the corporate-scandal claims…
I started the D&O Discourse blog in October 2012 to generate discussion among the repeat players in securities and corporate governance litigation: insurers, brokers, mediators, economists, plaintiffs’ counsel, and defense counsel. While I share opinions from a defense-counsel perspective, I call it like I see it.
Here are five of my favorite posts – well…
The Reform Act was passed by the Contract-with-America Congress to address its perception that securities class actions were reflexive, lawyer-driven litigation that often asserted weak claims based on little more than a stock drop, and relied on post-litigation discovery, rather than pre-litigation investigation, to sort the validity of the claims.
The Reform Act’s centerpiece is…
Over the years, I’ve bemoaned the lack of “litigation” in “securities litigation.” In this post, I discuss the same problem in “derivative litigation:” why don’t we litigate derivative cases anymore?
Derivative litigation – in which a stockholder asserts claims that belong to the company – takes multiple forms: tag-along cases to securities class actions…
I am evangelical about the importance of defense counsel working collegially with D&O insurers and brokers – the repeat players in securities and governance litigation – in the defense of litigation against our common clients. In the big picture, this type of collegiality is the key to putting “litigation” back in “securities litigation” and to…
In 2012, I started the D&O Discourse blog to have a discussion among the repeat players in securities and corporate governance litigation: insurers, brokers, mediators, economists, plaintiffs’ counsel, and defense counsel. I share opinions from the defense-counsel perspective, but I call it like I see it. For example, in a post in anticipation of the…