I was recently asked about the biggest threats to the Reform Act’s protections, and have since been giving that question a lot of thought. To be blunt, the biggest threat is the failure by many defense firms to make rigorous arguments on motions to dismiss that hold plaintiffs to the strict pleading standards of the Reform Act, allowing for court decisions that likewise lack rigor and fail to enforce the Act’s high pleading burdens.
‘Enforcement 40’ for 2020
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