Ignoring The Mandatory: Rule 11 Inquiries Under PSLRA

Law360, New York (April 27, 2012, 12:31 PM EDT) -- Since its enactment in 1995, the Private Securities Litigation Reform Act (PSLRA) has received extensive attention. Both courts and securities litigation practitioners are well versed in the PSLRA’s frequently litigated provisions such as the heightened pleading standards and in its mandatory stay of discovery.

Other provisions get far less attention and, relatively speaking, are infrequently litigated. Even today, more than 15 years later, some judges and practitioners may not know they exist. One example is Section 78u-4(c). In 2010 and 2011, despite numerous decisions adjudicating securities fraud actions, only a handful of cases even mentioned Section 78u-4(c), much less substantively addressed...

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