Nessim Mezrahi

As I have noted in prior posts (most recently here), plaintiffs’ lawyers recently have attempted to rely on statements in social media posts as the basis on which to assert liability under the securities laws. In the following guest post, Nessim Mezrahi considers whether statements in posts on Twitter can support liability for securities law violations. Mezrahi is co-founder and CEO of SAR, a securities class action data analytics and software company. A version of this article previously was published on Law360. I would like to thank Nessim 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 blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Nessim’s article.
Continue Reading Guest Post: Why Tweets May Not Validate Securities Class Action Liability

In the latest edition of its annual report, the Sidley Austin law firm takes a detailed look at important securities litigation developments in 2021 relating to life sciences companies. The report includes not only a review of life sciences companies’ securities litigation class action filings trends but also examines life sciences companies’ track record in the courts, both with respect to motions to dismiss in the district courts and on appeal. The law firm’s report, entitled “Securities Class Actions in the Life Sciences Sector: 2021 Annual Survey” can be found here. The same site also includes a link to a short summary of the report.
Continue Reading A Detailed Look at the 2021 Securities Litigation Against Life Sciences Companies

The pace of SPAC-related securities lawsuit filings recently has perceptibly increased. Earlier this week, I noted two SPAC-related securities class action lawsuits that had been filed in the preceding days. Following my publication of that earlier post, plaintiffs’ lawyers filed two more SPAC-related securities suits, adding to the growing numbers of SPAC-related securities suits that have been filed this year. As discussed below, the likelihood is that we will continue to see further SPAC-related securities suit filings in the months ahead.
Continue Reading Two More Post-SPAC-Merger Companies Hit with Securities Suits

Last week, the SEC introduced proposed disclosure guidelines for special purpose acquisition companies (SPACs) which, if ultimately finalized, will significantly alter the business, legal, and regulatory environment for SPACs and for their merger partners. In the meantime, plaintiffs’ lawyers continue to demonstrate their interest in pursuing claims against post-SPAC-merger operating companies. As discussed below, and in two more examples of what is already one of the most noteworthy securities litigation phenomena so far this year, last week plaintiffs’ lawyers filed two more SPAC-related securities class action lawsuits. As has been the case with many of the recent SPAC-related securities suits, both of the latest suits involve companies in the electric vehicle and smart vehicle industries.
Continue Reading Two More Post-SPAC-Merger Vehicle Technology Companies Get Hit With Securities Suits

As I have noted in prior posts on this site (most recently here), plaintiffs’ lawyers’ claims in cybersecurity-related D&O lawsuits recently have fared poorly. A number of these suits recently have failed to clear the initial pleading hurdles. However, in a ruling last week, the federal judge presiding over the SolarWinds cybersecurity-related securities suits substantially denied the defendants’ motions to dismiss in an opinion that has a number of interesting features, as discussed below. Western District of Texas Judge Robert Pitman’s March 30, 2022 opinion in the case can be found here.
Continue Reading Dismissal Motion Largely Denied in the SolarWinds Cybersecurity-Related Securities Suit

The number of securities class action lawsuits filed against life sciences companies in 2021 declined overall relative to 2020 but remained steady as a proportion of the total number of securities class action lawsuits filed during the year, according to a new report from the Dechert law firm. The report, entitled “Dechert Survey: Developments in Securities Fraud Class Actions Against U.S. Life Sciences Companies: 2021 Edition,” states that there were a total of 59 securities suits filed against life sciences companies in 2021, compared to 80 in 2022. The Dechert law firm’s March 28, 2022 press release about the report, which links to the full report,  can be found here.
Continue Reading Life Sciences Companies Remained Frequent Securities Litigation Targets in 2021

In my recent year-end wrap up of D&O issues, I speculated that certain current conditions – supply chain woes, labor supply constraints, and economic inflation – could lead to a rash of D&O claims. I actually had examples in my wrap-up article of D&O claims arising from supply chain issues and labor supply concerns, but I didn’t have any inflation-related D&O claims examples – until now. The securities class action lawsuit filed last week against Vertiv Holdings is directly related to the company’s recent inflation-caused earnings miss and ensuing stock price drop. As discussed below, there could be more inflation-related D&O claims to come. A copy of the March 24, 2022 complaint against Vertiv can be found here.
Continue Reading Can Economic Inflation Really Lead to D&O Claims? Yup. Here’s How.

As I have noted in prior posts, one of the most significant securities litigation phenomenon over recent months has been the rise of lawsuits involving special purpose acquisition corporations (SPACs). Last week, two more of these SPAC-related suits were filed. Although the new lawsuits have features in common with many of the prior SPAC-related suits, they also have several interesting distinctive attributes as well, as discussed below.
Continue Reading More Securities Lawsuits Filed Against Post-SPAC-Merger Companies

One trend I have noted on this site in recent years is the proclivity of plaintiffs’ lawyers to file securities class action lawsuits or shareholder derivative lawsuits in the wake of antitrust regulatory or enforcement actions. These kinds of lawsuits tend to cluster in specific industries as antitrust enforcement authorities concentrate on alleged anticompetitive behavior in those sectors. One industry that recently was the focus of both regulatory action and securities litigation is the poultry production industry.

As discussed here, beginning in 2016 companies in this industry that found themselves the subject of antitrust enforcement actions were hit with follow on securities litigation. In connection with one of those suits involving poultry producer Pilgrim’s Pride the court recently granted the defendants’ motion to dismiss. Both the lawsuit and the court’s ruling are significant given the current Presidential administration’s ramped-up antitrust enforcement approach and the possibility for resulting follow-on D&O claims. The Court’s March 8, 2022 order in the Pilgrim’s Pride case can be found here.
Continue Reading Antitrust Enforcement Follow-On Securities Suit Against Pilgrim’s Pride Dismissed

In its latest annual report, ISS Securities Class Action Services reports that in 2021 the Robbins Geller law firm, for the second year in a row, secured the highest dollar value in securities class action lawsuit settlements during the year and also was involved in the highest number of separate settlements. The report, which includes both U.S. and Canadian settlements, ranks the top 50 plaintiffs law firms by total dollar value recoveries and the Top Ten plaintiffs law firms ranked by number of settlements achieved. The March 4, 2022 ISS SCAS report, which is entitled “The Top 50 of 2021” and was co-authored by ISS SCAS’s Jeff Lubitz and Lloyd Flores, can be found here.
Continue Reading ISS SCAS Report Ranks Top 50 Plaintiff’s Securities Law Firms by 2021 Settlement Values