Financial Litigation

The Litigation Center, coordinating closely with the Chamber’s Center for Capital Markets Competitiveness, regularly files briefs in key cases affecting the regulation of capital markets and financial institutions.  Limiting securities litigation is a top priority. In the Supreme Court, we have addressed a wide range of securities issues, including whether the Private Securities Litigation Reform Act’s discovery stay applies in state courts and whether the “risk factors” disclosed in a securities filing must disclose only future risks or must also disclose whether a risk has materialized in the past.  We also have filed several briefs urging state appellate courts to hold that “federal forum provisions” are valid and enforceable. And we have defended favorable financial regulations, such as the SEC’s reform of the shareholder proposal process.  We also encourage courts to dismiss, at the pleading stage, abusive cases alleging breach of fiduciary duty under ERISA.