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What is Private Securities Litigation Reform Act mean?
The Private Securities Litigation Reform Act of 1995, Pub.L. 104–67 (text) (pdf), 109 Stat. 737 (codified as amended in scattered sections of 15 U.S.C.) ("PSLRA") implemented several substantive changes in the United States, affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation, and awards fees and expenses.
The PSLRA was designed to limit frivolous securities lawsuits. Prior to the PSLRA, plaintiffs could proceed with minimal evidence of fraud and then use pretrial discovery to seek further proof. This set a very low barrier to initiate litigation, which encouraged the filing of weak or entirely frivolous suits. Defending against these suits could prove extremely costly, even when the charges were unfounded, so defendants often found it cheaper to settle than fight and win. Under the PSLRA, however, plaintiffs are required to meet a heightened pleading standard before they can initiate a suit. In other words, PSLRA was specifically intended to make it more difficult to initiate securities litigation (frivolous or otherwise) because plaintiffs were supposedly going to be forced to present evidence of fraud before any pretrial discovery has taken place.
Also, PSLRA was enacted to "give teeth to Rule 11". In fact, Congress specifically pointed to the reluctance of judges to impose Rule 11 sanctions as an additional reason for the passage of the legislation.
The PSLRA does impose some new rules on securities class action lawsuits. It allows judges to decide the most adequate plaintiff in class actions, favoring institutional investors with large dollar amounts at stake. It mandates full disclosure to investors of proposed settlements, including the amount of attorneys' fees. It bars bonus payments to favored plaintiffs and permits judges to scrutinize lawyer conflicts of interest.
referencePosted on 18 Dec 2024, this text provides information on Miscellaneous in Governmental related to Governmental. Please note that while accuracy is prioritized, the data presented might not be entirely correct or up-to-date. This information is offered for general knowledge and informational purposes only, and should not be considered as a substitute for professional advice.
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