The 10b-5 Daily: Corporate & Securities Law

Home -> Law Blog Directory -> Corporate & Securities Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Corporate & Securities Law

The 10b-5 Daily

News and events related to securities class action litigation. Containing all facts, with particularity, and an occasional dose of commentary.

Post Frequency: 2/day

Last Entry: March 23, 2011 at 00:48:53

No Double Dipping

Posted on March 18, 2009
The plaintiffs in the Enron litigation have had a tough time establishing a viable theory of liability against the bank defendants. The first setback was the Fifth Circuit's reversal of the district court's grant of class certification. The appellate court...

Cornerstone Releases Report On Settlements

Posted on March 13, 2009
Cornerstone Research has released its annual report on securities class action settlements. The notable findings include: (1) There were 99 settlements in 2008. The aggregate value of those settlements was $3.1 billion. (2) The median amount for cases settled in...

Where Are They Now?

Posted on March 06, 2009
A visit to the U.S. Supreme Court does not necessarily mean the end of a securities class action, even if the defendants win their legal argument. The defendants in the Tellabs case successfully overturned the Seventh Circuit's interpretation of the....

General Re Settles AIG-Related Claims

Posted on March 03, 2009

To access this complete feed in the blog feed reader login or register for free.

Analyzing The JPMC Decision

Posted on February 27, 2009

Not Expert Enough

Posted on February 25, 2009
In In re Williams Sec. Litig. - WCG Subclass, 2009 WL 388048 (10th Cir. Feb. 18, 2009), the court considered whether the plaintiffs' expert was able to "reliably link the class's losses to the revelation of the alleged misrepresentations." In...

CAFA and Securities Class Actions

Posted on February 19, 2009
There is now an official circuit split over the issue of whether a '33 Act securities class action that is not removable to federal court under the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") is nevertheless subject to the...

Back At The Start

Posted on February 10, 2009
The parties in the Baxter International securities litigation deserve credit for perseverance. First, there was a dismissal based on the PSLRA's safe harbor for forward-looking statements. Then came a Seventh Circuit decision overturning the dismissal and controversially limiting the application...

Two From The Third

Posted on February 06, 2009
The U.S. Court of Appeals for the Third Circuit has issued two interesting decisions. (1) The Securities Litigation Uniform Standards Act of 1998 ("SLUSA") pre-empts certain class actions based upon state law that allege a misrepresentation in connection with the...

Around The Web

Posted on February 05, 2009
A few items of interest from around the web. (1) Securities Docket has a guest column on group litigation in the United Kingdom and how it contrasts to the U.S. system. (2) The D&O Diary has an analysis of 2008...

The Buck Stops Here

Posted on January 30, 2009
JP Morgan Chase was willing to settle with Enron's investors over its alleged complicity in the energy company's financial scandal, but not with its own investors. That turned out to be a prudent decision when the U.S. Court of Appeals...

The Principal and the Agent

Posted on January 28, 2009
Global auditing firms are often organized as a professional services organization of member firms, with a different member firm operating in each country. As a result of this structure, courts have often found that the global umbrella entity cannot be...

Measuring Damages

Posted on January 23, 2009
The constant percentage method of calculating damages in a securities class action assumes that the fraud caused the stock to be valued at "x" percent more than it was really worth throughout the class period (with "x" percent equaling the...

What Does Undue Mean To You?

Posted on January 22, 2009
The PSLRA provides that "all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to...

A Second Bite At The Apple

Posted on January 16, 2009
The U.S. Court of Appeals for the Ninth Circuit issued two decisions this week affirming dismissals based on a failure to adequately plead scienter (i.e., fraudulent intent). The decisions - Zucco Partners, LLC v. Digimarc Corp., 2009 WL 57081 (9th...

Deceiving The Accountant

Posted on January 13, 2009
Last month, the U.S. Court of Appeals for the Fourth Circuit issued its first post-Tellabs decision on the pleading of scienter (i.e., fraudulent intent). The court is back this month with another scienter decision, this time in a case against...

Cornerstone And Stanford Release Report On Filings In 2008

Posted on January 07, 2009
Cornerstone Research and the Stanford Law School Securities Class Action Clearinghouse have released a report on federal securities class action filings in 2008. The findings include: (1) There were were 210 filings (through 12/15), a 19% increase over the previous...

Year In Review

Posted on January 05, 2009
Securities Docket will be hosting a "2008 Year in Review - Securities Litigation and Enforcement" webcast on Tuesday, January 6 at 2 p.m. ET. All of the details on the free program, which will include a number of prominent bloggers,...

NERA Releases 2008 Trends In Securities Class Actions

Posted on December 19, 2008
NERA Economic Consulting has released a study entitled 2008 Trends in Securities Class Actions. The study reaches the following notable conclusions: (1) There have been 255 securities class action filings this year (through Dec. 14), on pace for a 10-year...

Competitive Advantage

Posted on December 17, 2008
The U.S. Court of Appeals for the Fourth Circuit has issued its first opinion applying the Tellabs decision on the pleading of scienter (i.e., fraudulent intent). Those who follow the Fourth Circuits jurisprudence in this area will be unsurprised to....

Crystal Ball

Posted on December 12, 2008
SCAS Alert (RiskMetrics) has an article on what the coming year may bring for securities litigators. The main speculation is whether the Democratic majorities in Congress will seek to overturn the Supreme Court's decisions in Central Bank (no aiding and...

Sliding Scale

Posted on December 10, 2008
What triggers the running of the statute of limitations for a securities fraud action is suddenly a hot topic, thanks to a possible Supreme Court case and a recent Second Circuit decision. In Staehr v. Hartford Financial Services Group, Inc.,...

Definite Maybe

Posted on December 04, 2008
The U.S. Court of Appeals for the Ninth Circuit has issued an opinion on pleading scienter that includes new law (sort of) on the issues of collective scienter, SOX certifications, and profit motive. In Glazer Capital Management LP v. Magistri,...

Fees and Reforms

Posted on November 26, 2008
(1) Fee requests have been in the news. Last week it was the court's decision to sharply reduce the requested fees and expenses in the Coca-Cola securities class action. This week it is the billing of temp attorneys at high...

Litigation On $300 A Night

Posted on November 21, 2008
The Coca-Cola securities class action continues to make news. After the "sale of stolen company documents" controversy, the case was settled earlier this year for $137.5 million. The Fulton County Daily Report has an article on the court's decision to...

No Longer Good Law

Posted on November 20, 2008
As discussed in The 10b-5 Daily before, whether the Tellabs decision on pleading scienter (i.e., fraudulent intent) can best be described as a victory for plaintiffs or defendants has to be evaluated on a circuit-by-circuit basis. In the U.S. Court...

Incomplete Peace

Posted on November 14, 2008
When only some of the defendants settle a securities class actions, the extent to which they can avoid related litigation with non-settling defendants through the imposition of a judicial bar order is limited. In In re Heritage Bond Litig., 2008...

Around The Web

Posted on November 12, 2008
A couple of items from around the web: (1) The New York Law Journal has a column (Nov. 5 edition - subscrip. req'd) on loss causation and class certification. The authors argue that although the Oscar (5th Circuit) and Salomon...

Accredo Health Settles

Posted on November 07, 2008
Accredo Health, Inc., a wholly-owned subsidiary of Medco Health Solutions, Inc. (NYSE: MHS), has reached a preliminary settlement of the securities class action pending against it in the W.D. of Tennessee. The case, originally filed in April 2003, stems from...

Out In Left Field

Posted on November 05, 2008
Will the next U.S. Supreme Court securities case be about the statute of limitations? It is a strong possibility, given that the Court has asked the Solicitor General to weigh in on the cert petition filed in a Ninth Circuit...

Previous | Next