Confidential Witnesses in Securities Litigation.
The Journal of Corporation Law 2011, Spring, 36, 3
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Publisher Description
I. INTRODUCTION The use of confidential witnesses in class action securities litigation has become ubiquitous in the years since Congress enacted the Private Securities Litigation Reform Act of 1995 (PSLRA or Act) (1) in an effort to curb perceived abuses by plaintiffs' lawyers in securities litigation. (2) Two specific aspects of the PSLRA have driven this trend to use anonymous sources for facts alleged in securities fraud complaints. First, Congress raised the bar for pleading securities fraud. Second, Congress mandated a stay of discovery in all private securities litigation during the pendency of a motion to dismiss, subject to two limited exceptions.
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