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 question: are these cases more likely to survive a motion to dismiss—and
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The State of Securities Litigation: Good Communication is Key to Improving Securities Litigation Outcomes
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 litigation against our common clients. In the big picture, this…
Is 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 forward-looking statements with respect to de-SPAC transactions: would this change increase…
Three Key Takeaways from Second Circuit’s Latest Section 10(b) Securities Class-Action Decision
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 recent decision in Arkansas Pub. Emps.…
The 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’ counsel, and defense counsel. I share opinions from the defense-counsel perspective, but I…
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, and numerous articles on key securities litigation issues.
In our latest…
PLUS D&O Symposium: Contingent Liability Insurance for Securities Class Action Trials
It was a great honor to moderate a Professional Liability Underwriting Society D&O Symposium panel on the ability of Contingent Liability (CL) insurance to improve outcomes in securities class actions (SCA).
Randy Hein, President of Berkley Transactional (Berkley…
Securities and Governance Litigation Risks from COVID-19
The history of securities litigation is marked by waves: from the IPO laddering cases, to the Sarbanes-Oxley era corporate scandal cases, to stock options backdating, to the credit crisis, to the Chinese reverse-merger cases, to event-driven/lawsuit blueprint cases, certain…
Omnicare, Five Years Later: Strategies for Securities Defense Lawyers’ More Effective Use of the Decision
The chance to help Washington Legal Foundation with a U.S. Supreme Court amicus brief in the Omnicare case was an honor. Statements of opinion are ubiquitous in corporate communications on issues as diverse as asset valuations, strength of current performance,…
Is Blue Apron a Silver Bullet?
In Salzberg, et al. v. Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020) (“Blue Apron”), the Delaware Supreme Court upheld the facial validity of federal-forum provisions (FFPs) in a Delaware corporation’s certificate of incorporation requiring actions arising under the Securities…