David Kaplan
Hani Farah

In a recent post (here), David Kaplan of the Saxena White P.A. law firm and Lane Arnold, a Senior Director – Legal at the University of Texas/Texas A&M Investment Management Company (UTIMCO), discussed the Catch-22 in which the court’s rulings in the Valeant securities class action opt-out cases had put prospective securities suit opt-outs. In the following guest post, Kaplan and Hani Farah, also of the Saxena White law firm, update the prior post and discuss the June 16, 2021 Third Circuit decision in the Valeant case (here), in which the appellate court overturned the lower court’s rulings and rejected the “Forfeiture Rule” that put the opt-outs into the Catch-22. I would like to thank Dave and Hani for allowing me to publish their article on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s reader. Please contact me directly of you would like to submit a guest post. Here is Dave and Hani’s guest post.
Continue Reading Guest Post:  Update on The Valeant Appeal: Third Circuit Rejects The “Forfeiture Rule” for Opt-Outs

David Kaplan
Lane Arnold

One of the most important aspects of class action litigation in the U.S. is the right of individuals to “opt out” of the class. However, as discussed in the following guest post from David Kaplan and Lane Arnold, a series of recent developments has significantly complicated the decision-making framework for prospective opt outs. Kaplan is a Director at Saxena White P.A. and co-head of the firm’s Direct Action practice.  Arnold is a Senior Director – Legal at the University of Texas/Texas A&M Investment Management Company (UTIMCO).  This article was originally written and published in the April edition of The NAPPA Report.  I would like to thank Dave and Lane for allowing me to publish their article 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 Dave and Lane’s article.
Continue Reading Guest Post: Protecting Securities Fraud Recoveries: Investors Face a Catch-22