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Expert Analysis

Winning The Damages Battle After Losing The Liability War

Law360, New York ( September 16, 2015, 10:47 AM EDT) -- Securities class actions that reach verdict are rare, but these rare events provide valuable insights for negotiating the roughly half of all cases that result in settlement.[1] This article describes techniques for minimizing class damages following a judgment for plaintiffs, focusing upon two recent trial victories by plaintiffs, namely In re Vivendi Universal Securities Litigation[2] and Jaffe Pension Plan v. Household International Inc.,[3] as well as my experience defending an issuer with a final, nonappealable verdict in its post-judgment claims process, which resulted in a settlement and the vacating of the fraud judgment.[4]...

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