Securities Litigation

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Last week, the U.S. Supreme Court heard oral argument in the legal case in which the claimants are challenging the constitutionality of President Trump’s tariffs. While we await the Court’s decision in the case, the tariffs remain in place, with consequences both for the global economy and for individual businesses. In the latest example of the ways in which these consequences can translate into tariff-related securities litigation, a plaintiff shareholder has sued used car retailer CarMax, alleging that the company tried to portray the quarterly sales surge that preceded the tariffs’ impact as being due to longer-term company advantages rather than tariff-motivated consumer behavior. A copy of the new CarMax complaint can be found here.Continue Reading CarMax Hit with Tariff-Related Securities Suit

Teresa Milano
Doug Greene

Observers of securities class action litigation know that virtually every securities suit that survives dismissal ultimately settles. Very few securities suit go to trial. In the following guest post, Teresa Milano, SVP, Lockton, and Doug Green, Partner, BakerHostetler, suggest that securities litigation overall would benefit if more cases were tested on the merits. The authors provide suggestions of how the goal of merits-based case resolutions might be realized. I would like to thank Teresa and Doug for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ article.Continue Reading Guest Post: Changing the Mindset About Securities Class Actions

Burkhard Fassbach

In the following guest post, Burkhard Fassbach, a D&O lawyer in private practice in Germany, discusses the recent interesting development in German Courts with regards to the VW’s Dieselgate settlement with its D&O insurers. As discussed below, the relevant court has held that the settlement is “null and void” because, the court held, the proper processes were not followed in obtaining shareholder approval of the settlement. I would like to thank Burkhard for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Burkhard’s article.Continue Reading Guest Post: Dieselgate Landmark Victory for VW Minority Shareholders

Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, takes a look at the D&O liability risks that can emerge when a company bundles products or services, as well as the costs that can be involved in defending companies from allegations of anticompetitive conduct. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.Continue Reading Guest Post: Tied to a Birkin

Doug Greene

In the following guest post, Doug Greene, Partner at the BakerHostetler law firm and Chair of the firm’s Securities and Governance Litigation Team, takes a look at the growing problems with the defense of securities litigation, including skyrocketing defense costs, and proposes some solutions to these problems. A version of this article previously was published on The D&O Discourse blog. I would like to thank Doug for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Doug’s article.Continue Reading Guest Post: The Future of Securities Litigation Defense

Sarah Abrams

In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, examines the D&O underwriting issues that can arise in connection with defense contractors and other companies for whom national defense and security considerations might affect their public disclosure statements. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.Continue Reading Guest Post: It’s Classified

Sarah Abrams

Securities class action lawsuits in the U.S. are very much subject to the rules of civil procedure regarding class action certification. In the following guest post, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, examines a recent district court class action certification decision and considers its implication. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article. Continue Reading Failure to Launch

Sarah Abrams

In the following guest post, Sarah Abrams takes a look at a recent settlement of a securities class action lawsuit in which the plaintiffs alleged that the defendant company had failed to disclose its use in its haircare products of certain banned chemicals, and then considers whether the current Make America Health Again initiatives could expose companies to future claims that they allegedly failed to disclose their continued use of banned chemicals. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article.Continue Reading Guest Post: If Looks Could Kill

Since the outset of President Trump’s efforts to conduct trade policy through an active use of tariffs, I have been concerned about the possibility of tariff-related corporate and securities litigation. Inevitably, I have been concerned, investors will say that companies tried to soft-pedal the likely impact of tariffs on the companies’ financial results. But while…

On August 20, 2025, in a ruling that will be of particular interest to insurance industry professionals, the Third Circuit reversed vacated a trial court’s summary judgment ruling in favor of the defendants in the securities class action lawsuit pending against Bermuda reinsurer Maiden Holding, Ltd. The decision provides interesting insight into the application of the U.S. Supreme Court’s holding in the Omnicare case, with particular reference to alleged omissions in connection with insurance company loss reserves. The Third Circuit’s August 20, 2025, opinion can be found here.Continue Reading Insurer Loss Reserves and Securities Suit Omissions Allegations