News & Analysis as of

Halliburton v Erica P. John Fund Securities Litigation

Bradley Arant Boult Cummings LLP

Second Circuit Clarifies How Price Impact Can Be Rebutted at the Class Certification Stage in Securities Fraud Class Actions

Last month, in Arkansas Teachers Retirement System v. Goldman Sachs Group, Inc., the Second Circuit vacated the Southern District of New York’s order certifying a class in a Rule 10b-5 securities fraud class action. At issue...more

Cadwalader, Wickersham & Taft LLP

2016 Year In Review: Securities Litigation And Regulation

2016 was an active year in securities litigation. In the first half of 2016 alone, plaintiffs filed 119 new federal class action securities cases. It was also a busy year for SEC enforcement proceedings, with a record 868...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Insights Conversations: Securities Litigation"

From the impacts of U.S. Supreme Court Omnicare and Halliburton cases to the uptick in Securities Act class actions, litigation partners Scott Musoff and Susan Saltzstein discuss the latest securities litigation developments....more

McGuireWoods LLP

The Ten Most Significant Class Action Cases of 2014

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Year-end lists are funny things. They take a sort-of arbitrary starting and stopping point, and then they cram a bunch of prejudices into a (usually) arbitrary number of items. And then people take them kind of seriously....more

Wilson Sonsini Goodrich & Rosati

Supreme Court Declines to Overrule the Presumption of Reliance in Securities Class Actions - Halliburton Co. v. Erica P. John...

Yesterday, the United States Supreme Court issued its much-anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc. Halliburton called into question the very foundation of a securities class action—the presumption...more

Orrick, Herrington & Sutcliffe LLP

Fraud-on-the-Market Lives On: Halliburton Co. v. Erica P. John Fund, Inc.

On June 23, 2014, the U.S. Supreme Court issued its second decision in Halliburton Co. v. Erica P. John Fund, Inc., __U.S. __(2014), 2014 WL__ (U.S. June 23, 2014) ("Halliburton II"). In this widely anticipated decision, the...more

Morgan Lewis

Halliburton II Upholds Basic Presumption

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The Supreme Court upholds the fraud-on-the-market presumption but allows defendants to rebut the presumption at the class certification stage. On June 23, the U.S. Supreme Court issued its long-anticipated decision in...more

Morrison & Foerster LLP

Beyond Basic: Supreme Court’s Halliburton Ruling Strengthens Defenses in Securities Fraud Class Actions

Today, the Supreme Court issued its ruling in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. June 23, 2014), the most anticipated securities decision since its landmark ruling over 25 years ago in Basic, Inc....more

Ballard Spahr LLP

Supreme Court Provides New Ammunition for Defeating Securities Fraud Class Actions

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The U.S. Supreme Court today gave companies new ammunition to defeat securities fraud class actions. In Halliburton v. Erica P. John Fund, the Court held that defendants can, at the preliminary class certification stage,...more

Dorsey & Whitney LLP

Halliburton: Assessing Its Impact on Securities Class Actions

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The Supreme Court declined to scrap the way in which securities class actions are typically brought in Halliburton Co. v. Erica P. John Fund, No. 13-317 (Decided June 23, 2014). At the same time it may have rewritten the...more

Cozen O'Connor

An Investor Class Scrambles to Save Its Event Study (and its Claims)

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At some point in a securities fraud case, the plaintiffs are going to have to prove “loss causation” – proof that the alleged misrepresentation caused the drop in the price of the relevant security. They often do this...more

Carlton Fields

Securities Class Actions Receive Increased Scrutiny: District Court Applies “Stringent Standards” Of Dukes And Comcast To Deny...

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The United States District Court for the Northern District of Texas recently denied certification of a putative securities law class after finding that plaintiff failed to put forth actual facts showing adequacy and...more

Cozen O'Connor

Back to Basic? Big Changes Could Be Coming to a Securities Class Action Near You

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Earlier this month, the Supreme Court heard the highly-anticipated oral argument in Hallburton Co. v. Erica P. John Fund, Inc. Prior to the argument, there was a growing consensus that the Court was likely going to overturn...more

Pierce Atwood LLP

The Supreme Court Ponders The Future Of The Basic Presumption In Securities Litigation

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The Supreme Court recently heard oral argument in Halliburton Co. v. Erika P. John Fund, Inc. in advance of what could be the most important decision affecting securities litigation in recent history. The outcome of the...more

Akin Gump Strauss Hauer & Feld LLP

The Supreme Court Signals It May Level the Playing Field in Securities Class Actions

During last week’s oral argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (“Halliburton II”), the Supreme Court justices sent a strong signal that they would not overrule Basic, but may seek to strengthen...more

Troutman Pepper

Justices Signal Interest In Middle-Ground Approach To Adjusting Fraud-On-The-Market Presumption

Troutman Pepper on

On March 5, 2014, the U.S. Supreme Court heard oral argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. In this closely watched case, Halliburton has asked the Court to overrule the fraud-on-the-market...more

Cadwalader, Wickersham & Taft LLP

Halliburton Co. v. Erica P. John Fund, Inc.: Assessing Possible Modifications To Basic And The Fraud-On-The-Market Theory

Securities class action lawsuits have long been a fact of life for public companies traded on a U.S. exchange. Since 1997, plaintiffs have filed more than 3,200 securities fraud lawsuits that have resulted in approximately...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2014

This is the third edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Dorsey & Whitney LLP

This Week In Securities Litigation (Week ending March 7, 2014)

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The Supreme Court was the focus of securities litigation this week. Oral argument was presented in the long running Halliburton case where the Petitioners are seeking to rewrite the rules for bringing securities fraud class...more

Dorsey & Whitney LLP

Halliburton And The Future of Securities Class Actions: Part III

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Yesterday the Supreme Court heard argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. The case has the potential to rewrite the rules for how securities class actions are brought. This is the concluding...more

Dorsey & Whitney LLP

Halliburton And the Future of Securities Class Actions: Part II

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On Wednesday, March 5, 2014 the Supreme Court heard arguments in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. The case has the potential to rewrite the rules for how securities class actions are brought. This...more

Dorsey & Whitney LLP

Halliburton And The Future of Securities Class Actions: Part I

Dorsey & Whitney LLP on

On Wednesday, March 5, 2014 the Supreme Court will hear argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317. The case has the potential to rewrite the rules for how securities class actions are brought. This...more

Dorsey & Whitney LLP

Trends In Securities Class Action Filings

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Next month the Supreme Court will hear argument in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 for the second time. The first time the High Court held that a securities law plaintiff need not establish loss...more

Benesch

Can Absence of Price Impact Defeat Class Certification? Supreme Court to Decide

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Can a corporation defending against a stock fraud class action defeat class certification by using evidence that its actions had no effect on the stock’s price? In Halliburton Co. v. Erica P. John Fund, Inc., Docket No....more

BakerHostetler

Securities Class Action Filings Up In 2013, But Could The Supreme Court Burst Their Bubble In 2014?

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Last week, NERA Economic Consulting released its annual report, “Recent Trends in Securities Class Action Litigation: 2013 Full-Year Review.” The report showed that in 2013, there were increases in both the number of federal...more

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