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When Plaintiffs Overreach: Attacking Flawed Evidence of Loss Causation and Damages in Securities Class Actions

June 2, 2009

O’Melveny partners Jeff Kilduff and Abby Rudzin and associate Brad Elias co-authored an article entitled, “When Plaintiffs Overreach: Attacking Flawed Evidence of Loss Causation and Damages in Securities Class Actions,” which appeared in the June 2 edition of Andrews’ Securities Litigation & Regulation Reporter.

The article is the first in a two-part series examining plaintiffs’ efforts to inflate their damages estimates by distorting evidence of loss causation and damages. It provides a step-by-step analysis of the methods used to over-identify corrective disclosures and recover for stock price declines unrelated to the revelation of the fraud, and it identifies recent case law useful in opposing those efforts.

Part two of the article focuses on plaintiffs’ use of aggregate damages models, and is scheduled for publication on June 16th in the same title.

To read both articles, click here.