Securities Fraud Litigation: Trends in Class Certification

(55 Ratings)

Produced on: October 16, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 61 minutes
Difficulty Intermediate

Four years ago, the United States Supreme Court issued its landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (Halliburton II) which held that defendants could affirmatively challenge price impact at the class certification stage. Since then, several important decisions have begun to take hold and shape the post-Halliburton II class certification landscape. For example, many courts have wrestled with the difficult questions of: (1) what evidence Defendants can properly show at the class certification stage to show a lack of price impact; and (2) what standard of proof is actually required to rebut the “fraud-on-the-market” presumption of reliance. These decisions, as well as other related developments in class certification jurisprudence are drastically changing the way class certification is litigated.

Join Christine Fox and James Christie for a discussion on these issues. Ms. Fox is a partner and Mr. Christie is an associate at Labaton Sucharow LLP. Ms. Fox and Mr. Christie represent institutional investors (such as public pension funds and hedge funds) who have suffered financial losses in the stock market as a result of securities fraud committed by publicly traded companies and their officers and executives.


Learning Objectives:

  1. Familiarize yourself with many of the important recent decisions shaping the class certification in the securities fraud context
  2. Analyze recent decisions in the Second and Ninth Circuits dealing with price impact at the class certification stage and what it means for both plaintiffs and defendants going forward
  3. Develop best practices for seeking and opposing class certification based on recent class certification jurisprudence
  4. Discuss some of the trends, challenges, and practical implications of today’s class certification landscape  


Faculty

James Christie

Labaton Sucharow

James Christie focuses on prosecuting complex securities fraud cases on behalf of institutional investors. James currently litigates cases against Intuitive Surgical, Advanced Micro Devices, Sprouts Farmers Market, Qualcomm, and Lifelock.

James previously served as a judicial intern in the United States District Court, Eastern District of New York under the Honorable Sandra J. Feuerstein.

James earned a J.D. from St. John’s University School of Law, where he was the Senior Articles Editor of the St. John’s Law Review, and his B.S., cum laude, from St. John’s University Tobin College of Business.

Christine Fox

Labaton Sucharow

With more than 20 years of securities litigation experience, Christine M. Fox prosecutes complex securities fraud cases on behalf of institutional investors. Christine is actively involved in litigating matters against Molina Healthcare and Rent-A-Center.

Christine has played a pivotal role in securing favorable settlements for investors in class actions against Barrick Gold Corporation, one of the largest gold mining companies in the world ($140 million recovery); CVS Caremark, the nation’s largest pharmacy retail chain ($48 million recovery); Nu Skin Enterprises, a multilevel marketing company ($47 million recovery); and Genworth Financial, Inc. ($20 million recovery).

Prior to joining the Firm, Christine worked at a national litigation firm focusing on securities, antitrust, and consumer litigation in state and federal courts. She played a significant role in securing class action recoveries in a number of high-profile securities cases, including In re Merrill Lynch & Co., Inc. Research Reports Securities Litigation ($475 million recovery); In re Informix Corp. Securities Litigation ($136.5 million recovery); In re Alcatel Alsthom Securities Litigation ($75 million recovery); and In re Ambac Financial Group, Inc. Securities Litigation ($33 million recovery).

Christine received her J.D. from the University of Michigan Law School and her B.A. from Cornell University. She is a member of the American Bar Association, the New York State Bar Association, and the Puerto Rican Bar Association. Christine is actively involved in Labaton’s pro bono immigration program and recently reunited a father and child separated at the border. She is currently working on their asylum application.

Reviews

DV
David V.

top shelf. Very impressive and informative.

SK
Steven K.

Excellent presenters

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$ 59 Business, Corporate, & Securities Law In Stock

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