Securities Fraud Litigation

A shareholder initiates a private securities fraud lawsuit by filing a complaint in federal district court. As is the case in many types of civil lawsuits, the defendant, or the party whom the shareholder has accused of acting fraudulently, will typically file a motion to dismiss the complaint for a lack of facts sufficient to sustain the lawsuit. If the lawsuit survives a motion to dismiss, in that the court determines that the lawsuit has facts sufficient to go forward, then the two sides to the dispute engage in discovery proceedings, which can involve physical evidence, such as documents related to the securities transaction(s), and depositions, where witnesses and/or parties are personally questioned about the securities transaction(s). During this process, the plaintiff, or the shareholder bringing the action, typically files a motion to have the lawsuit certified as a class action lawsuit, in order to represent the interests of all involved shareholders that were financially damaged by the alleged securities fraud. If this motion is successful, the lawsuit becomes a class action lawsuit, which opens up the accused party or corporation to tremendous liability for its actions if the case were to go to trial and result in a verdict against it. As a practical matter, then, many successful securities fraud class action lawsuits result in large, multimillion dollar settlements in favor of the shareholders.

Fast Facts

  • Congress passed the Securities and Exchange Act of 1934 in order to regulate the trading of securities.
  • The National Conference of Commissioners on Uniform State Laws issued the Uniform Securities Act in 1956.

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  • Penalties of Securities Fraud

    Securities fraud, also known as investor or stock fraud, covers a range of activities that violate federal and...
    • Site: lawfirms.com
  • Hedge Fund Fraud

    An overview of how Hedge Fund Fraud happens, laws and regulations from the SEC that are in place, and how to g...
    • Site: securitieslawfirms.com
  • Investor Fraud

    Securities fraud is an all too common crime across the United States these days that continues to grow in popu...
    • Site: securitieslawfirms.com
  • Securities Laws and Regulations

    For many individuals, securities are an excellent growth vehicle for their retirement savings, or so most thou...
    • Site: securitieslawfirms.com
  • Broker Dealing Insider Information Misconduct

    As investor, taking on risk is the nature of the game, but risks at your expense via illegal or unethical deci...
    • Site: securitieslawfirms.com

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