Ninth Circuit Cuts Securities Plaintiffs Slack on Standing
Since 2014, I have had the privilege of working with D.C. public-interest law firm and policy center Washington Legal Foundation on several securities litigation amicus briefs, including in Omnicare,...
View ArticleThe State of Securities Litigation
In 2012, I started the D&O Discourse blog to have a discussion among the repeat players in securities and corporate governance litigation: insurers, brokers, mediators, economists, plaintiffs’...
View ArticleThree Key Takeaways from Second Circuit’s Latest Section 10(b) Securities...
This week, my team and I again had the honor of writing for Washington Legal Foundation’s Legal Backgrounders series. In this article, Zach Taylor, Gen York-Erwin, and I discussed the Second Circuit’s...
View ArticleIs the Reform Act’s Safe Harbor Truly Safe?
The most frequent question I’ve been asked about the SEC’s proposed SPAC rules concerns the provision that would make unavailable the Private Securities Litigation Reform Act’s safe harbor for...
View ArticleThe State of Securities Litigation: Good Communication is Key to Improving...
I am evangelical about the importance of defense counsel working collegially with D&O insurers and brokers – the repeat players in securities and governance litigation – in the defense of...
View ArticleAnalysis of Biotech Securities Class Action Motion to Dismiss Decisions,...
Five years ago, we surveyed a decade’s worth of federal district court decisions on motions to dismiss securities claims brought against development-stage biotech companies to answer an important...
View ArticleWhy Don’t We Litigate “Derivative Litigation” Anymore?
Over the years, I’ve bemoaned the lack of “litigation” in “securities litigation.” In this post, I discuss the same problem in “derivative litigation:” why don’t we litigate derivative cases anymore?...
View ArticlePutting All Our Eggs in One Basket: Effective Securities Class Action Defense...
The Reform Act was passed by the Contract-with-America Congress to address its perception that securities class actions were reflexive, lawyer-driven litigation that often asserted weak claims based on...
View ArticleD&O Discourse is 11 Years Old
I started the D&O Discourse blog in October 2012 to generate discussion among the repeat players in securities and corporate governance litigation: insurers, brokers, mediators, economists,...
View ArticleThe Importance of Early Analysis of Structural Issues in Securities Class...
Bill Lerach gave the best motion to dismiss oral argument I’ve ever seen. Using a stock-price chart with key events and allegations plotted along the alleged class period, he told the complaint’s...
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