Discussion of Key Issues in Securities & Governance Litigation
In my May post, Making Better Judgments about Summary Judgment in Securities Class Actions, I discussed how we can pick more cases to defend through summary judgment. But, of course, the vast majority of cases will still settle, so we need to discuss how to improve mediation outcomes.
Far too often, defense counsel sets…
“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…
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…