Recent Pro-Defendant Trends in Securities Class Action Litigation

May 16, 2008

Securities class action filings have increased. Although one would expect the subprime mess to create fertile ground for securities class action plaintiffs, a number of countervailing factors have ensured that it is ultimately the plaintiffs who have been drawing the short straw. Chadbourne & Parke partner Scott Balber describes recent pro-business, defendant-friendly legal precedent from both the U.S. Supreme Court and the influential 2nd Circuit that has contributed to the anti-plaintiff atmosphere.