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A Balanced Decision in Tellabs?



by Salvatore J. Graziano
Bernstein Litowitz Berger & Grossmann LLP - New York Office

John C. Browne
Bernstein Litowitz Berger & Grossmann LLP - New York Office

Jai K. Chandrasekhar
Bernstein Litowitz Berger & Grossmann LLP - New York Office

September 16, 2009

Previously published by The Advocate for Institutional Investors, Second Quarter 2007 on July 2007

On June 21, 2007, the United States Supreme Court issued a decision in Tellabs, Inc. v. Makor Issues & Rights Ltd., which is not nearly as harmful to investor rights as early media reports have portrayed. In Tellabs, the Supreme Court interpreted the pleading standard that plaintiffs in securities fraud cases must satisfy under the Private Securities Litigation Reform Act of 1995 (¿PSLRA¿) with respect to scienter, that is, defendants¿ fraudulent state of mind.


 

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