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Not A Done Deal

To what extent should courts rely upon market analysts in determining the meaning of corporate statements? In Boykin v. K12, Inc., 2022 WL 17097453 (4th Cir. Nov. 22, 2022), the U.S. Court of Appeals...

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Compare and Contrast

NERA Economic Consulting and Cornerstone Research have released their respective 2022 annual reports on federal securities class action filings.  As usual, the different methodologies employed by the...

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A Leg To Stand On

Securities class actions involving Special Purpose Acquisition Companies (SPACs) can raise interesting issues.  A SPAC is a publicly traded shell company created to merge with an existing privately...

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The Last Word

When the U.S. Supreme Court issues a securities litigation opinion, it rarely is having the last word on the subject.  Lower courts still have to interpret and apply the Court’s holding.  Last month, a...

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Without Merit

When faced with litigation, companies often publicly opine that the case is “without merit.”  But if the company loses the litigation, can investors then bring a securities class action alleging that...

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Third Time’s The Charm

It would appear that the third time’s the charm, at least for Goldman Sachs in its long-running securities class action related to certain collateralized debt obligation (CDO) transactions.  For the...

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Expertized

To what extent can plaintiffs commission an expert report based on public information and rely on it in their complaint to adequately plead securities fraud?  The Ninth Circuit recently addressed this...

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Opting Out

Cornerstone Research has issued an interesting report on opt-outs in securities class action settlements (i.e., when a putative class member chooses not to participate in the settlement and may...

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Gap In Time

To establish loss causation in a securities class action does the company’s stock price have to decline immediately after the alleged corrective disclosure that revealed the truth to the market?  In...

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Compare and Contrast

NERA Economic Consulting and Cornerstone Research have released their respective 2023 annual reports on federal securities class action filings.  As usual, the different methodologies employed by the...

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