The 10b-5 Daily
The 10b-5 Daily features news and events related to securities class action litigation. This blog is created and maintained by Lyle Roberts, a partner with Dewey & LeBoeuf, LLP in the firm’s Washington, D.C. office.
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Recent Articles
Year In Review
Securities Docket will be hosting a "2008 Year in Review - Securities Litigation and Enforcement" webcast on Tuesday, January 6 at 2 p.m. ET. All of the details on the free program, which will include a number of prominent bloggers,...
NERA Releases "2008 Trends In Securities Class Actions"
NERA Economic Consulting has released a study entitled 2008 Trends in Securities Class Actions. The study reaches the following notable conclusions: (1) There have been 255 securities class action filings this year (through Dec. 14), on pace for a 10-year...
Competitive Advantage
The U.S. Court of Appeals for the Fourth Circuit has issued its first opinion applying the Tellabs decision on the pleading of scienter (i.e., fraudulent intent). Those who follow the Fourth Circuit's jurisprudence in this area will be unsurprised to...
Crystal Ball
SCAS Alert (RiskMetrics) has an article on what the coming year may bring for securities litigators. The main speculation is whether the Democratic majorities in Congress will seek to overturn the Supreme Court's decisions in Central Bank (no aiding and...
Sliding Scale
What triggers the running of the statute of limitations for a securities fraud action is suddenly a hot topic, thanks to a possible Supreme Court case and a recent Second Circuit decision. In Staehr v. Hartford Financial Services Group, Inc.,...
Definite Maybe
The U.S. Court of Appeals for the Ninth Circuit has issued an opinion on pleading scienter that includes new law (sort of) on the issues of collective scienter, SOX certifications, and profit motive. In Glazer Capital Management LP v. Magistri,...
Fees and Reforms
(1) Fee requests have been in the news. Last week it was the court's decision to sharply reduce the requested fees and expenses in the Coca-Cola securities class action. This week it is the billing of temp attorneys at high...
Litigation On $300 A Night
The Coca-Cola securities class action continues to make news. After the "sale of stolen company documents" controversy, the case was settled earlier this year for $137.5 million. The Fulton County Daily Report has an article on the court's decision to...
No Longer Good Law
As discussed in The 10b-5 Daily before, whether the Tellabs decision on pleading scienter (i.e., fraudulent intent) can best be described as a victory for plaintiffs or defendants has to be evaluated on a circuit-by-circuit basis. In the U.S. Court...
Incomplete Peace
When only some of the defendants settle a securities class actions, the extent to which they can avoid related litigation with non-settling defendants through the imposition of a judicial bar order is limited. In In re Heritage Bond Litig., 2008...
