The D&O Diary

The D&O Diary

A PERIODIC JOURNAL CONTAINING ITEMS OF INTEREST FROM THE WORLD OF DIRECTORS & OFFICERS LIABILITY, WITH OCCASIONAL COMMENTARY

Tag Archives: “securities

NERA Releases 2013 Securities Class Action Litigation Report

Posted in Securities Litigation
Securities class action lawsuit filings “saw a small increase” during 2013, while securities class action settlements reflected a dynamic in which “large settlements got larger and smaller settlements got smaller” during the year, according to the annual report from NERA Economic Consulting. The January 21, 2014 report, entitled “Recent Trends in Securities Class Action Litigation: … Continue Reading

Ontario Securities Suit Claimants Denied Leave to Proceed

Posted in International D & O
Shareholder claimants seeking to pursue a misrepresentation claim under the Ontario Securities Act must obtain leave of court to proceed based on a statutory requirement that the plaintiff must show a “reasonable possibility that the action will be resolved at trial in favor of the plaintiff.” Ontario’s courts agree that this requirement sets a “low … Continue Reading

Cornerstone Research: Securities Suits “Depressed” in Year’s First Half

Posted in Securities Litigation
Securities class action lawsuit filings “remained at depressed levels” during the first half of 2013 according to the latest report from Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse. The report, entitled “Securities Class Action Filings: 2013 Mid-Year Assessment,” can be found here. The organizations’ July 24, 2013 press release about the … Continue Reading

Cornerstone Research Releases 2012 Securities Suit Settlement Report

Posted in Securities Litigation
Though the number of securities class action lawsuit settlement approvals reached a 14-year low in 2012, aggregate and average settlement amounts increased compared to 2011, according to the annual securities suit settlement report of Cornerstone Research. The report, which is entitled “Securities Class Action Settlements: 2012 Review and Analysis,” can be found here. Cornerstone Research’s … Continue Reading

Though Case Previously Dismissed , Wells Fargo Settles Wachovia Investor Suit for $75 Million

Posted in Subprime Litigation
In an interesting twist on a long –running credit-crisis related securities suit, Wells Fargo has agreed to pay $75 million to settle the Wachovia equity investor securities class action lawsuit, even though their suit had been dismissed at the district court level and was on appeal at the time of the settlement. The parties’ November … Continue Reading

Fights Worth Watching: Lehman Execs Spar over D&O Insurance, SEC Pursues Chinese Co. Auditor

Posted in D & O Insurance
A group of former executives of a Lehman Brothers subsidiary   is seeking to block the bid by senior Lehman executives to use $90 million of the remaining D&O insurance proceeds to settle the cases pending against them. As discussed here, on August 24, 2011, the senior executives filed a motion with the Lehman bankruptcy court … Continue Reading

The “Back-to- School” Issue

Posted in D & O Insurance
If the number of out of office messages sent back when I sent out new blog post email notifications during August are any indication, many readers have been away for some or all of the past few weeks. I hope you saved the little paper umbrella from the fruity drink that you and your spouse … Continue Reading

Insurance Coverage for Special Litigation Committee Expenses and Other Web Notes and Updates

Posted in D & O Insurance, Securities Litigation
In an earlier post (here), I wrote about a December 30, 2009 ruling in the MBIA coverage litigation that special litigation committee investigation expenses were covered under a D&O liability insurance policy. As I anticipated, the decision has proven to be controversial.   Two law firms that traditionally act as coverage counsel for D&O carriers recently … Continue Reading

Let’s Get the Facts Right

Posted in Securities Litigation
The numbers are unambiguous – there were more securities lawsuits filed in the second half of 2008 than there were in the first half. Nevertheless commentators and observers continue to repeat the mistaken conclusion that there were fewer lawsuits filed in the second half, and even to try to discern some significance from a decline … Continue Reading

Court Overturns Apollo Group Securities Lawsuit Jury Verdict

Posted in Securities Litigation
The $277.5 million jury verdict in the Apollo Group securities lawsuit caused a great sensation at the time it was returned in January 2008 (as discussed here). The verdict heartened plaintiffs’ attorneys and it served as a counterweight to the defense verdict in the virtually contemporaneous JDSU Uniphase securities lawsuit trial (which is discussed here). … Continue Reading

Proposed Litigation Disclosure Rules Brouhaha

Posted in Securities Litigation
A June 5, 2008 proposal by the Financial Accounting Standards Board that could require public companies to disclosure more about their litigation risks is generating a storm of controversy. As discussed in Zusha Elinson’s June 24, 2008 Law.com article entitled "GC’s Bristle at Proposed Disclosure Rules" (here), under the proposed revision to FASB Statement No. 5 … Continue Reading

Class Action Opt-Outs: The Impact of Competition on Securities Lawsuit Resolution

Posted in Opt-Outs
I have previously noted (most recently here) the increasing significance of opt-out actions as a part of securities lawsuit resolution. Columbia Law School Professor John Coffee, in a March 27, 2008 paper entitled “Accountability and Competition in Securities Class Actions: Why ‘Exit’ Works Better Than ‘Voice’” (here) examines the opt-out phenomenon and concludes that while … Continue Reading

Subprime-Related Derivative Lawsuits: The List

Posted in ERISA, Shareholders Derivative Litigation, Subprime Litigation
Regular readers know that I have been tracking subprime-related class-action lawsuits (here). In a recent post, I noted my interest in trying to develop a similar list of subprime-related derivative lawsuits. In response to my request, a number of readers supplied helpful information, and as a result I have been able to develop a list … Continue Reading

About Those Auction Rate Securities Lawsuits…

Posted in Subprime Litigation
Add E*Trade and SunTrust Bank to the growing list of companies that have been sued in purported class action lawsuits on behalf of auction rate securities investors against companies that sold them the instruments. The plaintiffs’ attorney’s April 2, 2008 press release regarding the E*Trade auction rate securities lawsuit can be found here, and the … Continue Reading

More Problems with Foreign Securities Litigants

Posted in Securities Litigation
As courts have wrestled with the issue whether certain foreign shareholders can act as lead plaintiffs, or indeed can even be included in the plaintiff shareholder class, they have faced an ever-broader array of questions and challenges. The kinds of issues that foreign shareholder litigants present are illustrated in the February 13, 2008 lead plaintiff … Continue Reading

Auction Rate Securities: The Next Subprime Litigation Wave?

Posted in Subprime Litigation
A developing breakdown in an obscure corner of the credit-market involving debt instruments called “auction rate securities” could represent the latest threat to emerge from the credit crisis. According to news reports (here and here), the absence of buyers for these securities has caused several recent auctions to fail, forced isuers to abandon their offerings or … Continue Reading

Cornerstone Releases Year-End 2007 Securities Litigation Report

Posted in Articles
As the latest of the year-end 2007 securities lawsuit reports (including my own, here), Cornerstone Research has released (here) its 2007 report on securities class action filings. Cornerstone’s January 3, 2008 press release describing the report can be found here. The numbers in the Cornerstone report differ from those in the previously released year-end report … Continue Reading

A Closer Look at the 2007 Securities Lawsuits

Posted in Securities Litigation
The first of the 2007 year-end securities class action reports has already appeared (refer here), with others soon to follow. As I have noted elsewhere (most recently here), the most important securities trend during 2007 was the return of lawsuit filing activity to historical levels, after a two-year lull. But there were numerous other important … Continue Reading