‘Enforcement 40’ for 2020
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Join the Securities Litigation and Enforcement Group on LinkedInThe Top Ten D&O Stories of 2020 | The D&O Diary
The directors’ and officers’ liability environment is always changing, but 2020 was a particularly eventful year, with important consequences for the D&O insurance marketplace. The past year’s many developments also have significant implications for what may lie ahead in 2021 – and possibly for years to come. I have set out below the Top Ten […]
Securities Suit Filings Declined in 2020 But Remained Above Historical Levels | The D&O Diary
The number of federal court securities class action lawsuit filings declined in 2020 relative to the most recent prior years, largely due to short-term filing lulls during the second and fourth quarters of the year. Though the number of filings last year was below the record-setting levels seen during the years 2017 to 2019, the […]
U.S. Supreme Court Agrees to Take Up Securities Suit Class Certification Issues | The D&O Diary
In the same December 11, 2020 Order in which it rejected the bid by the Texas Attorney General to overturn the results of the 2020 Presidential election, the U.S. Supreme Court also agreed to take up a case involving the effort of Goldman Sachs to overturn the certification of a class in the long-running securities […]
Guest Post: Event Driven Securities Litigation: The New Driver in Class Action Growth | The D&O Diary
Social and environmental disasters, such as the #MeToo movement, the Deepwater Horizon oil spill, the opioid crisis, data privacy breaches with a vast number of companies such as Yahoo! Inc., Equifax, Inc., are well covered events in the news. These events impact peoples’ lives and many perceive a correlation between these events and civil litigation […]
Two Trump-appointed circuit judges don’t think much of shareholder class actions
Last week, a three-judge panel of the 9th U.S. Circuit Court of Appeals issued a significant decision in a shareholder class action against BofI, a bank holding company. The appeals court, in an opinion by Judge Paul Watford, revived a class action alleging, among other things, that the bank’s share price plunged in response to […]
First Half 2019 Securities Suits Against Foreign Issuers Outpaced Overall Filing Levels | The D&O Diary
The AIG report is based on data from Cornerstone Research. The report shows that during the year’s first six months, there were 35 core filings (that is, securities class action lawsuit filings excluding merger objection lawsuits) against non-U.S. companies with U.S. listings. (This filings tally does not include the several securities class action lawsuits that […]
A “Snapshot” of the Global Rise of Collective Investor Actions | The D&O Diary
As I have noted in prior posts (most recently here), one of the more interesting and noteworthy developments in recent years has been the rise of collective investor actions outside the United States. A recent white paper published by Allianz Global Corporate & Specialty SE in collaboration with the Clyde & Co law firm entitled […]
Calls for Lawyer Diversity Spread to Complex Class Litigation
A federal judge in California is stoking controversy by pressing leaders in a class action against Robinhood Financial LLC to diversify by including more women or persons of color as counsel. It’s the latest effort to tackle what many advocates say is a persistent and significant problem in the profession–the predominance of mostly white male […]
There is no wave of COVID-19 shareholders’ class actions (yet) – Reuters
Remember back in mid-March, when the stock market was gyrating and businesses were just beginning to reckon with COVID-19 lockdowns? Corporate defense firms warned that opportunistic shareholders’ lawyers were poised to pounce. Plaintiffs’ lawyers said at the time that they were in no rush to bring class actions against companies that failed to anticipate the […]
NERA: Securities Suit Filings Down in the Year’s First Half | The D&O Diary
Securities class action lawsuit filings in the first half of 2020 were more than 15% below the number of filings in the first half of each of the last three years, according to a new report from NERA Economic Consulting. The report, entitled “Recent Trends in Securities Class Action Litigation: 2020 H1 Update” (here), projects […]