S. The Nuts & Bolts of Securities Litigation; The Practitioner's Perspective

Securities litigation is a complex area of the law that is constantly evolving. Over the last twenty years, the U.S. Supreme Court has issued numerous decisions impacting the way securities actions are litigated. Securities actions are not only complicated to litigate, but due to the high financial stakes, these actions can be among the most threatening to a company’s survival. The main focus of this class will be on the stages and practical considerations in taking one of these complex securities actions from a complaint through resolution at trial or by settlement. The class also will cover different types of related actions, government investigations, and other proceedings and the impact on private securities actions. In addition to the instructors, the class will include several guest speakers, including from the SEC and an expert witness consulting firm, who will attend the classes on those topics. Last year’s guest speakers included: Jay Clayton, Former Chairman of the SEC; Sal Graziano, a leading securities plaintiff’s lawyer at the Bernstein Litowitz law firm; Dr. Yan Cao, Vice President of Cornerstone Research, a leading economic consulting firm; and Professor Cynthia Williams of Osgoode Hall Law School and a leading academic in ESG (Environmental Social and Governance) issues.


Student Evaluation: This class will be interactive and will use sample pleadings and issues presented in actual recent cases as a basis for discussion in each class. Students will be asked to provide various forms of feedback on each pleading or topic and will draft their own pleadings, including a complaint (mid-term project) and a motion to dismiss (final project). Students will be evaluated based on class discussion/weekly assignments (30%), mid-term complaint (30%), and final motion to dismiss (40%).