Legal analysis explores strategies for defendants in class action leave motions under the Securities Act, suggesting varied approaches.
David Di Paolo and Margot Finley discuss the merits of two contrasting strategies for defendants faced with a motion for leave to commence a class proceeding under the Securities Act for misrepresentation in the secondary securities market: don’t oppose leave, saving costs and avoiding premature discovery, or vigorously contest leave with substantial evidence demonstrating that the plaintiff’s claim has no reasonable possibility of success.
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Paolo et al. (2013) studied this question.
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