The Private Securities Litigation Reform Act of 1995, Pub. L. 104-67, 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 need more proof of fraud before they can initiate a suit. This makes it very difficult to file a frivolous suit, but it also makes it much harder to file legitimate ones, as plaintiffs are forced to present evidence of fraud before any pretrial discovery has taken place.
The PSLRA imposes new rules on securities class action lawsuits. It allows judges to decide the most adequate plaintiff in class actions. 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.
Read more about Private Securities Litigation Reform Act: Background: Overview of Securities Fraud Actions Under Section 10(b) and Rule 10b-5, Putting The PSLRA in Context: The Procedural Course of A Modern Securities Fraud Action, Heightened Pleading Requirements, Stay of Discovery, Legislative History
Famous quotes containing the words private, reform and/or act:
“A private should preserve a respectful attitude toward his superiors, and should seldom or never proceed so far as to offer suggestions to his general in the field. If the battle is not being conducted to suit him, it is better for him to resign. By the etiquette of war, it is permitted to none below the rank of newspaper correspondent to dictate to the general in the field.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“When I go into a museum and see the mummies wrapped in their linen bandages, I see that the lives of men began to need reform as long ago as when they walked the earth. I come out into the streets, and meet men who declare that the time is near at hand for the redemption of the race. But as men lived in Thebes, so do they live in Dunstable today.”
—Henry David Thoreau (1817–1862)
“To act collectively is according to the spirit of our institutions.”
—Henry David Thoreau (1817–1862)