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SCOTUS Finds While Defendants Carry the Burden of Proof in Overcoming Basic’s Presumption of Reliance, Defendants May Address the Generic-Nature of Alleged Misstatements at the Class Certification Stage Wednesday, June 23, 2021
On Monday, June 21, 2021, the U.S. Supreme Court issued its much-awaited decision on the federal securities laws in
Goldman Sachs Grp. v. Arkansas Teachers’ Retirement Sys., No. 20-222. For the past several years, the Court has addressed important issues affecting the securities bar, and this year was no different. The Court’s decision addressed two important questions that often affect parties at the class-certification stage: (1) whether a court may consider the generic nature of an alleged misrepresentation for purposes of rebutting
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The U.S. Supreme Court recently granted certiorari to review a Second Circuit Court of Appeals decision that could alter the landscape of class action litigation under Rule 10b-5. The issue in
Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement Sys., Case No. 20-222, 2020 WL 7296815 (U.S. Dec. 11, 2020), would impact the nature of the evidence that can be offered to rebut the “
Basic presumption.” Goldman Sachs urges that it should have been permitted to rebut the
Basic presumption at the class certification stage in an “inflation maintenance” case with evidence that the allegedly false or misleading statements were merely immaterial, generic superlatives that did not impact the stock’s price. If the Supreme Court were to agree, the decision would establish another important, real-world line of defense in securities class actions. More broadly, such a decision could further blur the lines between class