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  • John C. Coffee, Jr. – Boeing and the Future of Deferred Prosecution Agreements By John C. Coffee, Jr.
  • Leveraging Information Forcing in Good Faith By Hillary Sale
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Editorial Board John C. Coffee, Jr. Edward F. Greene Kathryn Judge

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class actions

Can Institutional Investors Help the Market Evaluate Complex Legal Disputes?

By Paul Borochin, Xiaoqiong Wang and Siqi Wei March 6, 2020 by renholding

Do institutional investors have the ability to mitigate information asymmetries around complex corporate events? Securities class actions (SCA) are suitable for testing any informational advantage for institutional investors: The number of SCAs brought against U.S. firms has increased markedly in …

The SEC and “Piggyback” Securities Litigation

By Alexander Platt March 2, 2020 by renholding

Leading securities regulation scholars have repeatedly called for legislatively expanding the Securities and Exchange Commission’s (SEC) control over private securities litigation.[1] These proposals grow out of profound doubts about the private securities class action regime and frustration with the …

Uncovering Hidden Conflicts in Stockholder Class Action Litigation

By Benjamin Edwards and Anthony Rickey September 19, 2019 by renholding

Stockholder representatives in class and derivative actions are supposed to share in any recovery on the same terms as other stockholders.[1]  Absent court approval, class counsel typically cannot share fee awards with their clients.[2]  Indeed, class-action litigator William …

The Protection of Investors and the Compensation for their Losses: Australia

By Olivia Dixon and Jennifer G. Hill December 14, 2018 by renholding

Investor protection has been an ideal in corporate and securities law ever since the early 20th century, when Berle and Means famously highlighted shareholder vulnerability in modern public corporations. In more recent times, investor protection has been treated as …

The Hollowed Out Common Law

By Samuel Issacharoff and Florencia Marotta-Wurgler October 26, 2018 by renholding

There are two striking features about the ways in which contracts stemming from the electronic marketplace are adjudicated today. The first is the steady decline in the number of cases litigated in state court as compared with the federal forum. …

Sense and Nonsense About Securities Litigation

By Richard A. Booth June 4, 2018 by renholding

In a forthcoming article, I contend that Professor James Spindler has it wrong in his recent critique[1] of scholarly opposition to securities fraud class actions (SFCAs).  Spindler argues that the opposition is based on two mistaken ideas: (1) that …

K&L Gates Discusses Two Decisions on When Consumers Can Sue Over Data Breaches

By Andrew C. Glass, David D. Christensen and Matthew N. Lowe October 23, 2017 by charlesbluesky

In two recent decisions, the Eighth Circuit addressed the hotly-litigated issue of when consumer plaintiffs have standing to pursue claims arising out of a data breach. The decisions stake out the Eighth Circuit’s positions on a current circuit split and …

Confidential Distortion: Dealing with Confidential Witnesses in Securities Litigation

By John C. Coffee, Jr. September 25, 2017 by renholding

In a recent article prepared for the ABA’s National Institute on Class Actions, which is now posted on SSRN (available here), I and Professor Alexandra Lahav survey recent class action developments, and I focus particularly on the special …

Davis Polk Offers Tips on Preparing for CFPB’s New Arbitration Rule

By Margaret E. Tahyar, Edmund Polubinski III, Frances E. Bivens, John L. Douglas and Neal A. Potischman September 7, 2017 by renholding

Since the CFPB issued its Arbitration Rule in July, most commentators have focused on ways the rule may be blocked from going into effect.  Chief among these is the possibility that Congress will vote to overturn the rule under the …

Gibson Dunn Offers Second-Quarter Update on Class Actions

By Christopher Chorba, Theane Evangelis, Kahn A. Scolnick, and Bradley J. Hamburger August 22, 2017 by renholding

This update provides an overview of key class action developments during the second quarter of 2017 (April through June):

  • Part I explores a significant decision from the Supreme Court concerning defeating novel attempts by plaintiffs to obtain appellate review of
…

Shareholders Deserve Right to Choose Mandatory Arbitration

By Hal S. Scott August 21, 2017 by renholding

On July 17, SEC Commissioner Michael Piwowar extended an important invitation to U.S. public companies. “For shareholder lawsuits,” Piwowar offered, “companies can come to [the SEC] to ask for relief to put… mandatory arbitration into their charters.” To some, this …

The Shifting Purpose of the Rule 10b-5 Private Right of Action

By Amanda Rose June 27, 2017 by renholding

Private Rule 10b-5 lawsuits have inspired volumes of academic literature, much of it focused on the suits’ social benefits (or lack thereof, depending on the author’s perspective). In a chapter for the forthcoming Research Handbook on Representative Shareholder Litigation, I …

The Supreme Court Meets Lehman Brothers

By Frank Partnoy May 25, 2017 by renholding

The U.S. Supreme Court will soon decide an unusual, yet important, case brought by investors in bonds issued by Lehman Brothers, the infamous investment bank that collapsed in September 2008. The case, CalPERS v. ANZ Securities, Inc., is not …

Killing Class Actions Means Everybody Loses

By Daniel R. Karon April 7, 2017 by renholding

It’s back. Congress is trying to kill class actions again. Last year, Representative Robert Goodlatte introduced a one-paragraph dagger, H.R. 1927, requiring that all class members’ damages be of “the same type and scope.” To many, this language meant that …

1 Comment  

Blue Sky Banter: Elizabeth Cabraser on the Volkswagen Settlement

By Reynolds Holding March 30, 2017 by renholding

Elizabeth Cabraser, a renowned litigator and name partner in the plaintiffs’ law firm of Lieff, Cabraser, Heimann &  Bernstein, speaks with Reynolds Holding about settling the class action against Volkswagen for rigging emissions tests, the challenges of mass actions generally …

How Not to Write a Class Action “Reform” Bill

By John C. Coffee, Jr. February 21, 2017 by renholding

It was predictable. Given a solidly Republican Congress and a Republican president, sooner or later, an effort would be made in the Trump administration to curb class actions. Not surprisingly, it has come sooner, with the “Fairness in Class Action …

1 Comment  

Paul Weiss Discusses “Price Maintenance” Ruling in Securities Fraud Case

By Daniel J. Kramer, Audra J. Soloway, Andrew J. Ehrlich, Susanna M. Buergel and Geoffrey R. Chepiga October 6, 2016 by renholding

On September 27, 2016, in related appeals arising from a long-pending securities fraud class action against Vivendi, the Second Circuit ruled on several important issues, including the proof necessary to both sustain and defeat the fraud-on-the-market presumption of reliance.

Most …

The Globalization of Securities Litigation

By John C. Coffee, Jr. September 19, 2016 by renholding

Europe (and much of the rest of the world) have long been skeptical of American-style opt-out class actions in which the plaintiff’s attorney defines the scope of the class.  Similarly, they have prohibited the contingent fee, discouraged punitive damages, insisted …

Toward a Better Understanding of Event Studies in Securities Litigation

By Jill E. Fisch, Jonah Gelbach and Jonathan Klick September 12, 2016 by renholding

In June 2014, the Supreme Court issued its second decision in the Halliburton securities fraud litigation.[i]  Halliburton II reaffirmed the court’s prior decision in Basic Inc. v. Levinson,[ii] which provided plaintiffs in federal securities fraud litigation with …

Akin Gump discusses Rebutting the Fraud-on-the-Market Presumption in Securities Class Actions: Halliburton Class Certified Over Price Impact Objections

By Scott Barnard, James Benjamin, Douglass Maynard, Michelle Reed and Matthew Lloyd August 3, 2015 by John Knight

On July 25, 2015, Judge Barbara Lynn of the Northern District of Texas issued a formative opinion in the class actions securities arena. The case, The Erica P. John Fund, Inc., et al. v. Halliburton Co., et al., No. …

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