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Join the Securities Litigation and Enforcement Group on LinkedInPublic Companies Beware: Safe Harbor Protection Requires Thoughtful Warnings and a Sophisticated Defense — D&O Discourse
Public companies around the country labor under a misunderstanding: that the Private Securities Litigation Reform Act’s Safe Harbor protects them from liability for their guidance and projections if they simply follow the statute’s requirements. But the Safe Harbor is not so safe – because they think it goes too far, many judges go to great […]
Safe Harbor Provision Strikes Again: Humana Dismissed
On June 19, 2009, the 10b-5 Daily discussed the dismissal of In re Aetna, Inc. Sec. Litig., 2009 WL 1619636 (E.D. Pa. June 9, 2009), and observed that The PSLRA’s safe harbor for forward-looking statements has a checkered history in the courts, with some judges refusing to apply it as written. It is therefore worth […]