Securities Class Actions: Navigating Halliburton II, Materiality and Price Impact Rule Issues
The number of securities class-action lawsuits involving materiality and price impact rules has remained high in recent years. With the Halliburton II decision in the backdrop, allowing defendants to rebut fraud-on-the-market presumption at the class certification stage, courts have struggled in providing clear guidance on assessing rebuttal evidence. Thus, creating a more complex litigation environment.
With the ever-evolving securities class action landscape, trends and developments surrounding this area of law are expected to continue to emerge. As anticipated, the need to understand and to remain updated with the trends and recent court rulings remains vital to avoid potential risks and legal pitfalls in this increasingly complex securities class action landscape.
Join a panel of distinguished professionals and thought leaders organized by The Knowledge Group as they provide an in-depth discussion of the evolving landscape of securities class action. They will discuss notable cases and court rulings involving Halliburton II, materiality, the price impact rule and other recent topics. Speakers will also address risk issues and offer best practices to successfully bring or defend against this type of lawsuits.
Some of the major topics that will be covered in this course are:
- Securities Class Action Litigation: A 2019 Update
- Recent Court Rulings
- Litigation Challenges
- Practical Tips and Strategies to Avoid Pitfalls
- What Lies Ahead
Douglas L. Shively, Partner
Baker & Hostetler LLP
- Reliance in securities fraud claims generally and in class actions specifically
- Fraud-on-the-market theory and the presumption of reliance
- Basic v Levinson
- Halliburton I
Joni S. Jacobsen, Partner
- Eighth Circuit
- IBEW Local 98 Pension Fund v. Best Buy Co., Inc.
- Second and Seventh Circuit (cover only a few in detail)
- Waggoner v. Barclays PLC
- Ark. Teachers Ret. Sys. v. Goldman Sachs
- In re Petrobras Sec. Litig., 862 F.3d 250, 277 (2nd Cir. 2017).
- In re Vivendi, S.A. Sec. Litig., 838 F.3d 223, 259 (2d Cir. 2016).
- GAMCO Investors, Inc. v. Vivendi Universal, S.A., 838 F.3d 214 (2d Cir. 2016).
- Glickenhaus & Co. v. Household Intern., Inc., (7th Circuit)
Who Should Attend:
- Securities Lawyers
- Attorneys Defending Class Actions
- Securities Managers
- Litigation Officers
- Legal Consultants
- Corporate Executives
- General Counsel
- Business Lawyers
- Securities Markets
- Other interested Professionals
Doug Shively is a partner based in BakerHostetler’s Cleveland office, focusing his practice on business and corporate litigation. Doug has substantial experience litigating securities class actions, data breach class actions and a broad range of business disputes, including post-transaction disputes. Doug represents clients in numerous industries, including financial institutions, professional services firms, manufacturing companies, and healthcare systems. He received his J.D. from Columbia University School of Law, and his B.A. from Harvard University.
Doug Shively is a partner based in BakerHostetler’s Cleveland office, focusing his practice on business and corporate litigation. Doug has …
Ms. Jacobsen, a partner at Dechert LLP, defends publicly traded companies and their directors and officers when they become entangled in securities class action litigation, derivative litigation, SEC investigations and corporate governance disputes. Ranked in The Legal 500 (U.S.) in four categories, Ms. Jacobsen was named Among the Most Influential Women Lawyers in Chicago by Crain’s Chicago Business in 2017, and has been named to the Illinois Super Lawyers list every year since 2013. She is currently a Lecturer in Law at the University of Chicago Law School, her alma mater, where she teaches a seminar in Strategic Considerations in Securities Litigation. She received her B.A. from the University of Utah, with honors. Based in Chicago, Illinois, Ms. Jacobsen has litigated in federal and state courts throughout the country. She consistently succeeds in having the vast majority of her cases dismissed outright on motions to dismiss, thereby reducing the distraction and burden on her clients and resulting in significant savings for clients and insurance carriers alike.
Ms. Jacobsen, a partner at Dechert LLP, defends publicly traded companies and their directors and officers when they become entangled …
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Method of Presentation:
General knowledge of securities laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Baker & Hostetler LLP
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Employment, Intellectual Property, Litigation and Tax – the firm has more than 960 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC.
About Dechert LLP
Dechert is a global specialist law firm with 27 offices and 1,000 lawyers in the United States, Europe, Asia and the Middle East. Focused on sectors with the greatest complexities, legal intricacies and highest regulatory demands, we excel at delivering practical commercial judgment and deep legal expertise for high-stakes matters. In an increasingly challenging environment, clients look to us to serve them in ways that are faster, sharper and leaner without compromising excellence. We are relentless in serving our clients – delivering the best of the firm to them with entrepreneurial energy and seamless collaboration in a way that is distinctively Dechert.