Appellate Law

Second Circuit Rejects Collective Scienter Theory
In a recent decision, the Second Circuit rejected a shareholder-plaintiff’s theory of collective scienter in a securities fraud suit brought against a financial services company...

The GM Paradigm
Whether a plaintiff can establish the scienter of a defendant corporation based on the collective knowledge of the corporation's employees, commonly referred to as the "collective scienter" theory, is a topic that is getting increased attention in the courts...

Pleading Issues
The New York Law Journal (subscrip. req'd) has two interesting columns this week discussing developments in the pleading of securities fraud...

S.D.N.Y. Raises Interesting Question Re Scope of Tellabs
Per S.E.C. v. Collins & Aikman Corp., Slip Copy, 2007 WL 4480025 (S.D.N.Y. Dec...

Tellabs Lawsuit Hits End Of The Road - Supreme Court Raises "Scienter" Pleading Standard
The long wait is over. The Supreme Court's decision in Tellabs, Inc. v. Makor issues & Rights, Ltd...

In Case Of A Tie
Was the U.S. Supreme Court's Tellabs decision interpreting the "strong inference" pleading standard for scienter a victory for defendants? Not if the defendant is being sued in Boston (or any other locale within the U...