In an earlier post (here), I questioned whether the two-year lull in securities class action filings had ended. I posed the question then because of the uptick in securities class action filings between August 1, 2007 and September 30, 2007. But with continued active filing levels during October 2007, the statement no longer
A Securities Lawsuit Goes to Trial
According to news reports (here , here and here), a jury trial in the securities class action lawsuit filed against JDS Uniphase commenced on Monday in federal court in Oakland. As documented in an October 2007 presentation from Risk Metrics Group (here), trials in securities cases are such a rarity that
More About Foreign Companies and U.S. Courts
In a prior post (here), I took a look at securities claims in U.S. courts by foreign litigants against foreign companies. An alert reader commenting on my prior post pointed out that a case currently before the Second Circuit squarely presents the fundamental jurisdictional questions involved in these cases.
The case, Morrison v.
Foreign Companies, Foreign Claimants, U.S. Courts
As various blue-ribbon committees have struggled with the competitiveness of the U.S. securities exchanges in the global financial marketplace (about which refer here and here), one issue on which they have focused is the aversion overseas companies may have for the U.S. litigation system. But while overseas companies may seek to avoid U.S.-style litigation,
Why Stoneridge Matters
Pundits struggling to portray the significance of the Stoneridge v. Scientific Atlantic case, to be argued before the U.S. Supreme Court on Tuesday October 9, have asserted that it may be the most important business case of the generation. I am more comfortable with the more restrained assessment of the October 6, 2007 Wall Street
Has the Two-Year Lull in Securities Lawsuit Filings Ended?
One of the most oft-noted observations (refer, for example, here) concerning directors’ and officers’ liability exposure is that since mid-2005 the number of securities class action filings has fallen well-below historical averages. When NERA Economic Consulting recently released its 2007 mid-year report on securities class actions (refer here for my prior post about the
NERA Releases Mid-Year 2007 Securities Class Action Study
In an earlier post (here), I noted Cornerstone Research’s release of its mid-year 2007 of securities class action lawsuits filings and settlements. On September 13, 2007, NERA Economic Consulting released its own mid-year 2007 study, entitled “Recent Trends in Shareholder Class Action Litigation: Filings Stay Low and Average Settlements Stay High – But
Cornerstone Releases Mid-Year Securities Filings Report
In a prior post (here), I took a preliminary look at the securities class action filings for the first half of 2007. In a July 10, 2007 press release (here), Stanford Law School and Cornerstone Research released their own mid-year report discussing the year-to-date filings through June 22, 2007. The full
A Look at the 2007 Securities Lawsuits (So Far)
At the beginning of 2007, I took a closer look at the 2006 securities class action lawsuits (here). Now that we have reached the halfway point of 2007, it seems like a good time to take a look at the securities suits that have been filed so far this year.
I have based
More Tellabs Thoughts: Does it Change D & O Exposure?
The Supreme Court’s decision in the Tellabs case (about which refer here) is still new and as yet untested in the lower courts. But post-decision publications and discussions are continuing, as key players wrestle with its possible implications. In particular, D & O industry participants have been struggling to discern whether or not the