(1) The New York Law Journal has a column (via law.com – subscrip. req’d) in this week’s issue on the Supreme Court’s decision in the Dabit case.
(2) Professor John Coffee has a forthcoming article entitled Reforming the Securities Class Action: An Essay on Deterrence and its Implementation. He argues that the deterrence function of securities class actions would be enhanced by requiring corporate insiders to more frequently contribute to settlements. To accomplish this goal, Professor Coffee proposes two primary reforms: (a) the SEC should require a company’s independent directors “to assess the apportionment of liability among the corporation and its officers and explain in a public statement if they consider it to be fair to the corporation – and why;” and (2) “the court awarding attorneys fees in a securities class action should award substantially higher fees for the portion of the recovery obtained from insiders than on the portion obtained from the corporation.” Thanks to Lies, Damn Lies, and Forward-Looking Statements for the link.