Class certification denied in securities class action

Class certification denied in securities class action

Tiago Duarte-Silva
Securities and Financial Markets

CRA consultants advised counsel to a hedge fund and its manager in a securities class action that combined claims under Section 10(b) and Rule 10b-5 with Section 20A disgorgement claims due to alleged insider trading. Tiago Duarte-Silva submitted an expert report and evidence for an affidavit in the case, which was heard by Judge Rakoff in the Southern District of New York. It showed that the lead class representative did not suffer economic loss in either of the buyer or seller class periods, examined which trades were contemporaneous with the defendants’, and examined the materiality and private nature of the alleged material non-public information. The evidence submitted led to denial of the motion for class certification.