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Law Firm Excused - The application of the Stoneridge decision is likely to develop slowly, as relatively few cases raise the issue of scheme liability. That said, the early returns look positive for defendants. In In re DVI Inc. Sec. Litig., 2008 WL 1900384 ...
Feed Source: www.the10b-5daily.com

Converium Settles - Converium Holding AG, a Zurich-based international reinsurer acquired by SCOR in August 2007, has announced the preliminary settlement of the securities class action pending against the company in the Southern District of New York (S.D.N.Y.). The case, originally filed in ...
Feed Source: www.the10b-5daily.com

Parmalat Settles - Parmalat S.p.A., a producer and distributor of dairy products and fruit-based beverages based in Milan, Italy, has announced the preliminary settlement of the securities class action pending against the company in the S.D. of New York. The case, originally filed ...
Feed Source: www.the10b-5daily.com

A Little Something For The Effort - House Republican leaders John Boehner (R-OH) and Lamar Smith (R-TX) have asked the House Judiciary Committee to hold a hearing on the payment of kickbacks to lead plaintiffs in securities class actions. The press release and letter to the Chairman ...
Feed Source: www.the10b-5daily.com

The Wheat From The Chaff - Establishing loss causation for the purpose of class certification or summary judgment is becoming a significant hurdle for plaintiffs. On the heels of the Flowserve and Omnicom decisions comes another defense victory. In Fener v. Belo Corp., 2008 WL 876967 ...
Feed Source: www.the10b-5daily.com

No Reason To Make A Federal Case Out Of It - How do you know when a judge does not think much of your case? When the quips start flying around in her decision. In City of Brockton Retirement System v. The Shaw Group Inc., 2008 WL 833943 (S.D.N.Y. March 18, ...
Feed Source: www.the10b-5daily.com

Biovail Extends Settlement To Canada - Biovail Corporation (NYSE: BVF and TSX: BVF), an Ontario-based specialty pharmaceutical company, has announced the tentative settlement of the securities class action pending against the company in Ontario Superior Court. The case, originally filed in September 2005, relies on the ...
Feed Source: www.the10b-5daily.com

Need The Details - The U.S. Court of Appeals for the First Circuit has previously held that the Tellabs decision lowered the pleading standard for scienter in its court. While that determination did not lead to a reversal of the dismissal in the ACA ...
Feed Source: www.the10b-5daily.com

Aim For The Heart - In its Tellabs decision, the U.S. Supreme Court created an "at least as compelling" standard for weighing competing inferences of scienter in securities fraud cases. The fact that a draw goes to the plaintiff was criticized by Justice Scalia in ...
Feed Source: www.the10b-5daily.com

2007 PwC Securities Litigation Study - PricewaterhouseCoopers has released its annual review of securities class actions. The findings include: (1) There were 163 filings in 2007, an increase of nearly 50% over the previous year. Subprime cases accounted for 37 of the filings. (2) The number ...
Feed Source: www.the10b-5daily.com

Stoneridge Applied - The Seventh Circuit is determined to be the market leader in interpreting U.S. Supreme Court securities litigation opinions. Following up on its application of Tellabs, last week it issued the first appellate decision utilizing the Stoneridge decision. In Pugh v ....
Feed Source: www.the10b-5daily.com

Cornerstone Releases Report On Settlements - Cornerstone Research has released an updated report on post-PSLRA settlements of securities class actions through December 2007. The findings include: (1) There were 111 settlements in 2007. The aggregate value of those settlements, excluding the enormous Tyco settlement, was $3.8 ...
Feed Source: www.the10b-5daily.com

Xerox Settles - Xerox Corp. (NYSE: XRX), a Connecticut-based provider of document management technology and services, has announced the preliminary settlement of the securities class action pending against it in the D. of Conn. The case, originally filed in August 2000, stems from ...
Feed Source: www.the10b-5daily.com

Break In The Action - There will be no new posts on The 10b-5 Daily until after March 31 ....
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The Limits Of The Fraud-On-The-Market Theory - Under the fraud-on-the-market theory, reliance by investors on an alleged misrepresentation is presumed if the company's shares were traded on an efficient market. Investors are not entitled to the presumption, however, if they are unable to show that the misrepresentation ...
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NEW PODCAST EPISODE: The Secrets of Superstar Associates (Part 2 of 2) - How do young attorneys go from just another associate to a superstar associate? This latest podcast episode will unlock the secrets....
Feed Source: www.abanet.org

UPCOMING TELECONFERENCE: Notice and Prejudice in Occurrence and Claims-Made Insurance Policies - This program on May 13, 2008 will focus on common issues that arise from the requirement in insurance policies that notice be given to the insurance company of an occurrence or claim that may trigger an insurer’s duty to provide coverage....
Feed Source: www.abanet.org

Commercial & Business Litigation Newsletter, Spring 2008 - The latest issue of the Commercial and Business Litigation newsletter is now available....
Feed Source: www.abanet.org

Subscribe to the Litigation Podcast - Take the expertise of the Section wherever you go with the Litigation Podcast. Each month, the Podcast serves up practical tips, tactics, and interviews with today's leading trial attorneys....
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