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

“Securities litigation” isn’t really “litigation” anymore.  For the first 15 years of my career, securities class actions that were not dismissed would head into litigation, where we would test class certification, map out our summary judgment motion, and engage in fact discovery designed to establish the facts we needed to prevail on the merits.  A

It was a great honor to moderate a Professional Liability Underwriting Society D&O Symposium panel on the ability of Contingent Liability (CL) insurance to improve outcomes in securities class actions (SCA).

Randy Hein, President of Berkley Transactional (Berkley Professional Liability), pioneer of CL for SCAs; Kara Altenbaumer-Price, executive risk broker at

This is the second of a three-part post evaluating who is winning the securities class action war.

Part I explained that this war is not just a scorecard of wins and losses, but rather a fight for strategic positioning—about achieving a system of securities litigation that sets up plaintiffs or defendants to win more cases