Developments and Trends in Securities Litigation: A Year-End Update for 2022 and a Look Ahead to 2023

James R. Carroll Robert A. Fumerton Winston P. Hsiao Jay B. Kasner Marcie Lape (Raia) Scott D. Musoff Alisha Q. Nanda Noelle M. Reed

On December 8, Skadden hosted part three of our 15th Annual Securities Litigation and Regulatory Enforcement Update webinar series. Firm speakers included securities litigation head Jay Kasner and co-deputy head Scott Musoff, global litigation head James Carroll, Houston office head Noelle Reed, New York litigation partner Robert Fumerton, Chicago partner Marcie Lape, Boston partner Alisha Nanda and Los Angeles counsel Winston Hsiao. Topics included an overview of year-to-date filing and settlement trends; the direction of securities litigation jurisprudence at the Supreme Court; class certification cases, price impact theories and the impact of the statute of repose; the latest on concurrent state and federal Securities Act filings since the Supreme Court’s 2018 ruling in Cyan; how courts are wrestling with questions of scheme liability under Lorenzo; recent district and appellate court developments related to scienter, opinion-based liability, disclosure of government investigations, loss causation and other areas of interest; and how proposed SEC rules may impact the scope of liability under the securities laws.