Why Is This Class Action Different From All Others: Securities Class Actions and SEC Investigations (Update)

This course, taught by securities litigators from BakerHostetler and the Vice President of NERA Economic Consulting, provides an overview of how securities class action law has evolved over the past year. The attorneys discuss the new arguments plaintiffs and defendants will be making regarding the substance of claims and class certification, as well as how parallel proceedings and fee-shifting provisions can impact these lawsuits.

Learning Objectives:

I.     Become current on the state of the law regarding "price impact" evidence in securities fraud class actions, including the increasing importance of expert witnesses, after Amgen and Halliburton II

II.    Learn to what extent statements of opinion can lead to liability under section 11 of the Securities Act of 1933 following Omnicare

III.   Understand how courts are analyzing ERISA stock-drop class actions and the "presumption of prudence" under the Supreme Court's decision in Dudenhoeffer

IV.   Consider the potential impact of federal versus state jurisdiction and pleading and proving class-wide damages in securities class action

V.    Recognize the concerns and issues raised by parallel governmental investigations and proceedings, including those by the SEC, DOL and DOJ, and their impact on defending the class action

VI.   Further understand how corporations may try to utilize fee-shifting provisions that place the cost burden on challenging shareholders