Securities Class Action Opt-Out Claims: A Growing Problem

Excerpt: The exposure to Insureds and their D&O insurers from securities class action lawsuits has escalated greatly over the last ten years. Much has been written about the explosion in the magnitude of settlements in those lawsuits. Unfortunately, this exposure is now getting even larger and...

Securities Class Action Opt-Out Claims: A Growing Problem

Excerpt: The exposure to Insureds and their D&O insurers from securities class action lawsuits has escalated greatly over the last ten years. Much has been written about the explosion in the magnitude of settlements in those lawsuits. Unfortunately, this exposure is now getting even larger and...

Supreme Court Grants Cert Petition in Matrixx Initiative Securities Suit

There was a time when it was relatively rare for the Supreme Court to take up securities cases. Until recently, the Court basically went several years between cases filed under the securities laws. Those days are clearly over, as the Court has granted cert petitions in several securities cases in...

Securities Class Action Opt-Out Claims: A Growing Problem

Excerpt: The exposure to Insureds and their D&O insurers from securities class action lawsuits has escalated greatly over the last ten years. Much has been written about the explosion in the magnitude of settlements in those lawsuits. Unfortunately, this exposure is now getting even larger and...

Supreme Court Rejects "Statistical Significance" Requirement for Securities Suit Materiality

In a unanimous March 22, 2011 opinion by Justice Sonia Sotomayor , the U.S. Supreme Court rejected the argument of Matrixx Initiatives that adverse product reports must be "statistically significant" in order for a manufacturer to have an obligation to disclose the reports to investors....

U.S Supreme Court Addresses Materiality in Securities Fraud Case

In Matrixx Initiatives, the U.S. Supreme Court reaffirmed the case-by-case analysis for materiality that it espoused in Basic Inc. v. Levinson, but it may also have signaled that the pleading of materiality is subject to the standards found in Rule 8(a) of the Federal Rules of Civil Procedure and not...

Cadwalader Clients & Friends Memo: In Matrixx Decision the Supreme Court Rejects Bright-Line Materiality Test for Motions to Dismiss Securities Fraud Claims

On March 22, 2011, the United States Supreme Court, in a unanimous decision written by Justice Sonia Sotomayor, stated that the "materiality" element of a claim for securities fraud under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, "is satisfied...

Disclosure of "Material" Information To Shareholders: Matrixx v. Siracusano

Plaintiff attorney James M. Wilson, Jr. discusses the Supreme Court unanimous rejection of a pharmaceutical company's attempt to inject a bright line test to determine what "material" information is required to be disclosed to shareholders to avoid liability in federal securities litigation...

Securities Class Actions-Analysis of Supreme Court's Decision In Erica P. John Fund, Inc. v. Halliburton Co.

Excerpt: Introduction: On June 6, 2011, the Supreme Court unanimously rejected the Fifth Circuit Court of Appeal's requirement that plaintiffs in securities class actions prove "loss causation" at the class certification stage of the case. In order for investors to proceed as a class...

James M. Wilson Jr. On Securities Class Actions - Analysis Of The Supreme Court's Decision In Erica P. John Fund, Inc. v. Halliburton Co.

Excerpt: Introduction: On June 6, 2011, the Supreme Court unanimously rejected the Fifth Circuit Court of Appeal's requirement that plaintiffs in securities class actions prove "loss causation" at the class certification stage of the case. In order for investors to proceed as a class...