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TABLE OF CONTENTS
Chapter 2 – PSLRA and the Race to the Court House – Choosing Lead Plaintiff/Counsel
Hypthetical 2
Background
Factual Basis
Class Discussion
§ 2.01
Private Securities Litigation Reform Act--Introduction
§ 2.06. Institutional Investors and the Entrepreneurial Lawyers
§ 2.02. Entrepreneurial Lawyers vs. Entrepreneurs — Deterrence or Drag on Capital Formation?
§ 2.07. Some Concerns About the Role of Institutional Investors
§ 2.03. PSLRA Scorecard
§ 2.08. Soliciting and Aggregating Plaintiffs
¾
Old Wine in a New Bottle
§ 2.04. Race to the Courthouse
¾
PSLRA and the Selection of Lead Plaintiff
§ 2.09. Selection of Lead Counsel -- Right of Lead Plaintiff to Select
§ 2.05. Interpretative and Other Problems Arising Under the PSLRA Lead Plaintiff Provisions
§ 2.10. Imposing a Bidding Process
[1]
Content of the Notice
[1]
Cendant
-- Act 1
[2]
Plaintiffs’ Certification
[2]
Cendant
¾
Sealed Bids Inappropriate
¾
Act 1I
[3]
Selection of the Lead Plaintiff
¾
Who Can Challenge?
[3]
Cendant
¾
Bidding Process; Lead Plaintiff’s Right to Choose-Act III
[4]
Selection of the Lead Plaintiff
¾
Multiple Filings and Using the Notice to Recruit
§ 2.11Fee Negotiation as an Aspect of Determining Adequacy of Lead Plaintif
f
§ 2.12
Ninth Circuit Panel Restricts Fee as Aspect of Adequacy of Lead Plaintiff
§ 2.13 The Class Representative Lead Plaintiff Overlap