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The Ascertainabilty Fallacy And Its Consequences

by Adam J. Levitt and Justin S. Brooks
This article discusses the traditional interpretation of ascertainability, highlights the radical departure taken by the Third Circuit in Carrera, and identifies an emerging split in the wake of that and other similar decisions…
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(first published in AAJ’s Class Action Litigation Groups Newsletter, Spring 2015)

What Fiduciary Duties?: Delaware Supreme Court Okays One-Way Fee-Shifting Bylaws

by Nathan A. Cook
The Board of Insulated Corp. has just agreed to a merger by which Insulated Corp.’s controlling stockholder will cash-out all of the corporation’s public stockholders and take the corporation private. Your client owns shares of Insulated Corp. stock and believes the merger price reflects only 50% of the true value of the stock. If your client is right, then she stands to gain $50,000 in increased merger consideration—and the class of public stockholders stands to gain $50,000,000. Sounds like a great case for breach of fiduciary duty, right? Not so fast… Read Article
(first published in AAJ’s Class Action Litigation Groups Newsletter, Summer 2014)

Supreme Court to Revisit the Fraud-on-the-Market Presumption of Reliance in Securities Fraud Case

by Adam J. Levitt and Michael J. Barry
In November 2013, the United States Supreme Court agreed to hear a corporate defendant’s sweeping challenge to the fraud-on-the-market presumption of reliance in securities fraud cases. Reliance is a necessary element of a securities fraud claim… Read Article
(first published in AAJ’s Class Action Litigation Groups Newsletter, Winter 2014)

Fees Obliterate Managed Futures Fund Profits

by Adam J. Levitt and Kate D. Tomassi
Looking for a profitable fund to invest in? You may find one if you look to a managed futures fund. You might be surprised, however, to later find that despite your chosen fund showing significant gains, you’ve reaped little to no profit… Read Article

Does the False Claims Act Have Teeth?

by Reuben A. Guttman
In 2012, citizens reporting fraud and bringing lawsuits under the False Claims Act spurred the U.S. Treasury’s recovery of approximately $5 billion. Yet, is the statute have a real deterrent effect that will change the behavior of corporate culprits?… Read Article