LexisNexis® Legal Newsroom
Judge's Rejection Of Citigroup Settlement Suggests How SEC Might Salvage Situation

In a strongly worded November 28, 2011 opinion ( here ), Southern District of New York Judge Jed Rakoff rejected the proposed $285 million settlement of the enforcement action that the SEC brought against Citigroup Capital Markets. But while he emphatically rejected the proposed settlement, his opinion...

M&A-Related Lawsuit Filings Now Outnumber Federal Securities Class Action Filings

In a prior post ( here ), I examined the mounting problems associated with the increasing levels of M&A-related litigation. A recent academic paper takes a closer look at these issues and concluded, among other things, that M&A-related lawsuit filings now outnumber federal securities class action...

Reports Add Support For Observations On The Grown Of M&A-Related Litigation

There seems to be a general consensus that the amount of M&A-related litigation is increasing. The question of how to quantify the increase has attracted quite a bit of attention lately. In a recent post , I previewed a forthcoming report from Cornerstone Research that will provide detailed statistic...

Tone Used In Disclosure Statements Can Affect Susceptibility To Securities Class Actions

The tone public companies use in their disclosure statements can affect the companies' susceptibility to securities class action litigation, according to a recent academic study. The authors found that firms hit with securities litigation generally used more optimistic language in their disclosure...

FDIC Files Latest Lawsuit In Its Role As Receiver Of Failed Bank

In the FDIC's latest lawsuit filed in its role as receiver of a failed bank, the FDIC not only named as defendants nineteen former directors and officers of the failed bank, but also included as defendants seventeen of their spouses and the failed bank's D&O insurer. A copy of the FDIC's...

Changing Securities Litigation Pattern Result Of Changes In Plaintiff's Securities Litigation Bar

The changing mix of corporate and securities litigation is a recent phenomenon on which I have frequently commented on this blog . While identifying the fact of the change is relatively straightforward, explaining it is more challenging. According to a January 11, 2012 article in The Review of Securities...

NERA Consulting Report Says Canadian Securities Class Action Filings Hit Record Levels Last Year

Securities class action lawsuit filings in Canada hit record levels in 2011 according to a new report from NERA Economic Consulting. The January 31, 2012 report, entitled "Trends in Canadian Securities Class Actions: 2011 Update" ( here ) concludes that the persistent growth in Canadian securities...

One Way To Try And Reduce Evils Associated With Follow-On Derivative Lawsuits

One feature of the recent changing mix of corporate and securities litigation has been the rise in the filing of follow-on derivative lawsuits in the wake of securities class action lawsuit filings. As Wilson Sonsini partner Boris Feldman recently noted , "like a moth drawn to a candle," the...

Professors Davidoff, Cain Analyze Takeover Litigation In 2011

In their paper "A Great Game: The Dynamics of State Competition and Litigation" ( here ), Ohio State Law Professor Steven Davidoff and Notre Dame Finance Professor Matthew Cain analyzed the M&A related litigation during the period 2005 to 2010. I discussed this article in a prior post,...

Will Securities Lawsuits Against U.S.-Listed Chinese Companies Peter Out?

During 2011, plaintiffs filed a wave of securities class action lawsuits against U.S.-listed Chinese companies. There were 39 of these lawsuits filed in 2011 (out of 218 total securities class action lawsuit filings in 2011), as discussed here . Often the complaints in these lawsuits consisted of little...

2nd Circuit Rejects Judge Rakoff's Reasoning In Denying Citigroup Settlement

In a sharply worded March 15, 2012 per curiam opinion ( here ), a three-judge panel of the Second Circuit granted the motions of Citigroup and the SEC to stay district court proceedings in the SEC's enforcement action against the company, so that the appellate court could consider the merits of the...

Securities Class Actions Against Life Sciences Companies 'Significant Component' Of 2011 Filings

Though down from the previous year on both an absolute and a relative basis, securities class action lawsuit filings against life sciences companies remained a significant component of all securities class action lawsuit filings during 2011, according to a March 20, 2012 memorandum entitled "Survey...

Securities Class Action Filings For First Quarter Ran Above Historical Averages

On an annualized basis, the pace of securities class action lawsuit filings for the first quarter of 2012 ran above historical averages, although the pace of filings declined compared to the prior month in the quarter's second and third months. Merger-related cases, which were such a significant...

Fordham Law Prof Catalogues Shortcomings Of Current Securities Class Action Settlement Process

The negotiated resolution of securities class action lawsuits - and absent dismissal, there is rarely any other types of securities suit resolution - is always complicated and occasionally messy, and often involves inefficiencies and sometimes produces distortions and even excesses. Anyone who has ever...

Cornerstone Research Releases Study of Accounting Class Action Securities Cases

On the eve of the tenth anniversary of the enactment of The Sarbanes Oxley Act, Cornerstone Research has released a study of the filing trends and settlements of securities class action lawsuits involving accounting allegations. The May 2012 report entitled "Accounting Class Action Filings and Settlements...

Class Certification Denied in Securities Suit Against U.S.-Listed Chinese Company

During 2010 and 2011, a number of securities class action lawsuits were filed against U.S.-listed Chinese companies. Plaintiffs' lawyers seemed eager to pursue these cases despite likely procedural and practical challenges such as likely difficulties in obtaining discovery, as well as language and...

Rep. Frank Introduces Bill to Prohibit Insurance for Compensation Clawbacks and Civil Money Penalties

On May 30, 2012, Representative Barney Frank introduced a bill entitled the "Executive Compensation Clawback Full Enforcement Act" ( here ) that by its own terms is designed to "prohibit individuals from insurance against possible losses from having to repay illegally-received compensation...

Management Liability Insurer Must Defend Insured Accused of Sexual Molestation

The criminal trial in which Jerry Sandusky, the former defensive coordinator of Penn State's football team, stands accused of sexually abusing at least 10 boys over a 15-year period began Tuesday, June 4, 2012, in Bellefonte, Pa. Sandusky has been charged with forty criminal counts. Sandusky has...

NY Appellate Court: Excess Insurers Off the Hook Where It Can't Be Determined if Underlying Insurance Exhausted

In the latest of what is now a lengthening line of cases, on June 12, 2012, the New York Supreme Court, Appellate Division, First Department, applying Illinois law, ruled in a coverage case brought by JPMorgan Chase that owing to settlements by underlying carriers in a professional liability insurance...

Tough Week for Fee-Seeking and "Fast Filer" Plaintiffs' Lawyers

Our legal system is one of our society's crowning achievements. But for all of its grandeur, our legal system is not without its flaws. Among other things, our system encourages litigiousness that all too often involves frivolous suits and lawyers'-fee driven litigation, including the recent...

Interview with Professional Liability Insurance Industry Leader David Bell

Along with everyone else in the professional liability insurance industry , I was fascinated by the news that my good friend David Bell, with whom I served on the Professional Liability Underwriting Society (PLUS) Board of Trustees, was leaving Bernuda and his position at Allied World Assurance Company...

Securities Class Action Lawsuit Filed By H-P Shareholders Over Autonomy Revelations

When H-P announced on November 20, 2012 that it was taking an $8.8 billion charge after it discovered "accounting improprieties, misrepresentations and disclosure failures" at its Autonomy unit (which H-P acquired in October 2011 for $11.1 billion), there was a great deal of speculation that...

2012 Securities Class Action Filings Below Levels Of Recent Years, Historical Averages

Largely as a result of a slowdown in new filings during the fourth quarter, 2012 securities class action lawsuit filings were below the filing levels of recent years and below historical averages. Filing levels remained elevated in the natural resources, life sciences and computer services industries...

Litigation Funding On The Rise In The United States, Abroad

In last week's Advisen webinar on 2012 D&O claims trends, one of the audience questions related to the growth and relevance of litigation funding in the U.S. In responding to the question I noted, among other things, the rise of litigation funding outside the U.S., particularly in Australia and...

Merck Settle Securities Lawsuits for $688 Million, Facebook IPO Derivative Suits Dismissed

In what may be the largest settlement ever in securities class action litigation involving a pharmaceutical company, Merck has agreed to a combined settlement of $688 million to settle two related securities class action cases. The company's February 14, 2013 press release announcing the settlements...