Strategy for de Fendants Facing a Leave Motion to Commence a Class Act Ion Under the Securities Act

AuthorDavid Di Paolo and Margot Finley
sTr aTeGY for defendanTs
faCInG a leaVe MoTIon To
CoMMenCe a Class aCTIon
under THe
seCurITIes aCT
David Di Paolo and Margot Finley
Abstract: David Di Paolo and Margot Finley discuss the
merits of two contrast ing strategies for defendants faced with
a motion for leave to commence a class proceeding under the
Securities Act for misrepresentation in the secondary secur-
ities market: don’t oppose leave, saving cost s and avoiding
premature discover y, or vigorously contest leave with sub-
stantial ev idence demonstrating that the plaintiff ’s claim has
no reasonable possibility of success.
CCAR 8-2.indb 167 4/25/2013 3:10:32 PM

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