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The D&O Diary

A Periodic Journal Containing Items of Interest From the World of Directors & Officers Liability, With Occasional Commentary

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Vivendi Court Narrows Securities Suit Class, Applying Morrison

By Kevin LaCroix on February 23, 2011
Posted in Securities Litigation

In the long-awaited rulings on the post-trial motions in the Vivendi securities case, Judge Richard Holwell has entered a February 22, 2011 order materially narrowing the plaintiff class based on the U.S. Supreme Court’s holding in Morrison v. National Australia Bank. A copy of Judge Holwell’s opinion, in which he eliminated ordinary shareholders…

Guest Post: Vivendi Plaintiffs’ Argument on the Impact of Morrison v. National Australia Bank

By Kevin LaCroix on August 2, 2010
Posted in Securities Litigation

In a series of recent posts (most recently here), I have been taking a look at the practical impact that the U.S. Supreme Court’s June 24, 2010 decision in Morrison v. National Australia Bank will have on securities litigation in the United States involving non-U.S. companies. Among the cases seemingly most impacted by the…

French Vivendi Investors O.K. to Participate in U.S. Class, French Court Holds

By Kevin LaCroix on April 29, 2010
Posted in Securities Litigation

Vivendi lost the liability phase of the securities class action jury trial, and now it has lost a rearguard action to try to have French investors excluded from the U.S. investor class. According to press reports (here and here), Judge Jean-Claude Magendie of the Court of Appeals of Paris ruled on April…

Vivendi Found Liable in Securities Class Action Trial

By Kevin LaCroix on January 29, 2010
Posted in Securities Litigation

According to January 29, 2010 reports in the New York Times (here) and on Bloomberg (here), the jury in the long-running securities class action lawsuit against Vivendi has resulted in a verdict against the company on all 57 of the plaintiffs’ claims. However, the jury also found that the two individual…

Vivendi Securities Trial: A Closer Look at the Opening Statements

By Kevin LaCroix on October 13, 2009
Posted in Securities Litigation

As noted in a prior post (here), trial in the Vivendi securities class action lawsuit began last week in the Southern District of New York. Thanks to the AmLaw Litigation Daily (here), the transcript of the opening arguments in the case are available here. The opening statements make for some…

Kevin M. LaCroix is an attorney and Executive Vice President, RT ProExec, a division of RT Specialty. RT ProExec is an insurance intermediary focused exclusively on management liability issues…

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Kevin M. LaCroix
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