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Securities Class Action Report · 2Y ago

The NY AG Race: Sean Coffey’s Fundraising Numbers

On October 30 of last year I commented on former Bernstein Litowitz lawyer, Sean Coffey’s decision to run for Attorney General in New York.  On several occasions I’ve mentioned the unseemly though commonplace practice of soliciting business with state pension systems while simultaneously acting as b
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Securities Class Action Report · 2Y ago

Unethical Fee Splitting Par for the Course

For an illuminating look at improper fee sharing arrangements at plaintiffs’ firms, check out Edward Siedle’s commentary in Forbes. An offer of $800,000 up front and 10% of any class action legal fees: That’s what law firm Milberg Weiss Bershad Hynes & Lerach proposed paying me in July 2003 to serve
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Securities Class Action Report · 2Y ago

A Closer Look at M&A (“Takeover”) Securities Suits

the number of these class actions filed in Delaware alone equaled about half of the total number of federal securities fraud class actions filed in all federal district courts during that same two-year period.
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Securities Class Action Report · 2Y ago

Supreme Court to Weigh In on F-Cubed Securities Case

Despite a petition by the United States Solicitor General urging the court to reject certiorari, the Supreme Court granted cert today in Morrison v. National Australia Bank Ltd., 547 F.3d 167 (2d Cir. 2008).
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Securities Class Action Report · 2Y ago

Blood in the Water: The State of BofA’s Privilege

In October, I wondered whether emails between Bank of America and its outside counsel regarding the bank’s acquisition of Merrill Lynch may eventually end up in the hands of plaintiffs lawyers.  Despite the bank’s assertion that handing over the sensitive documents created only a limited waiver of i
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Securities Class Action Report · 2Y ago

Drive-By Litigation: “Takeover Lawsuits”

A closer look at a lawsuit filed against Warren Buffett's Berkshire Hathaway a few hours after its announcement that it would be acquiring Burlington Northern Santa Fe Corp for $26 billion
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Securities Class Action Report · 2Y ago

New Blawg URL

I’ve been having issues with Google Blogger and am currently in the process of transitioning everything over to WordPress.   The new site is located at http://securitiesclassactionreport.wordpress.com. Thanks for your patience as I try to get everything sorted out. KXYDKGTSCN29
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Securities Class Action Report · 2Y ago

SEC to Target Public Investment Influence Peddling

If private securities suits ride the coattails of these federal enforcement actions, the plaintiffs firms may be inviting additional scrutiny on their own political fundraising activities.
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Securities Class Action Report · 2Y ago

NVIDIA: Selecting Lead Counsel under the PSLRA

I'm generally in favor of providing clients with wide discretion in their selection of counsel. However, when one class member and his attorney are to act as fiduciaries for the whole (otherwise unrepresented) class, the issues are somewhat different. Thus, the fact that the 9th Circuit's interpre
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Securities Class Action Report · 2Y ago

Defendants du jour: Exchange Traded Funds

an interesting look today at a group of defendants who have lately become a fashionable target for the class action industry
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