This post discusses a fundamental, structural, and deepening problem with securities class action defense: the lack of actual litigation past the motion to dismiss process. In other words, there is virtually no “litigation” in securities and governance litigation. Why is that so, and what can we do about it? After diagnosing the problem and discussing the harm it is causing, I’ll discuss the solutions and how we can implement them.
via Putting “Litigation” Back in “Securities Litigation” | D&O Discourse.