Securities Litigation Developments In 2009

Law360, New York (February 23, 2010, 3:22 PM EST) -- In 2009, the United States Courts of Appeal issued more than 60 decisions analyzing claims by private litigants under Sections 10(b), 14(a), 16, 20(a) and 20(A) of the Securities Exchange Act of 1934 and Sections 11, 12, and 15 of the Securities Act of 1933.

These decisions — covering a wide array of issues that are often dispositive in high-stakes private securities litigation — point to the following trends.

First, as in 2008, the Circuit Courts continue to focus heavily on the pleading requirements for scienter....
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