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Expert Analysis

May I Borrow Your Confidential Witness?

Law360, New York (May 16, 2014, 6:31 PM EDT) -- Plaintiffs frequently rely on confidential witnesses in securities litigation to meet the pleading requirements set forth in the Private Securities Litigation Reform Act of 1995. Recent decisions, however, question the accuracy of allegations attributed to company informants.[1] Against this backdrop, courts have confronted the narrower question of whether and to what extent they may consider allegations attributed to confidential witnesses that were "borrowed" from other complaints. No uniform rule concerning such borrowed allegations has emerged....

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