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U.S. Supreme Court building. U.S. Supreme Court building. Photo: Diego M. Radzinschi/ALM

In 2018, nearly one in 10 S&P 500 companies were the target of a securities class-action suit, and the number of those suits has more than doubled in the last four years. In the face of that onslaught of litigation, it is critical that courts maintain the protections against frivolous private securities suits that Congress put in place in the Private Securities Litigation Reform Act (PSLRA). Among those protections is a codification in 15 U.S.C. § 78u-4(b)(4) of the “loss causation” requirement—that is, the requirement of proof that a defendant’s alleged misrepresentation “caused the loss for which the plaintiff seeks to recover damages.” A company’s stock price may of course decline for a variety of reasons having nothing to do with fraud, including ordinary industry developments or changes in economic circumstances, and companies are not responsible for providing investors with broad insurance against market losses.

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Class Actions: The Law of 50 StatesBook

Class Actions thoroughly takes you through identifying a class action; determining ex parte class certification; conducting pre-
certification discovery; selecting a class representative, and more.
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