Defending Parallel Proceedings: Basic Principles & Tactical Considerations

March 23, 2010

The financial crisis has placed an ever-increasing number of companies in the position of being confronted with multiple shareholder class actions, SEC investigations, federal grand jury investigations, state attorney general investigations, arbitrations and "opt-out" litigation.  In defending these private actions and governmental investigations, companies need to develop global defense strategies so that the defense of each proceeding is carefully coordinated with the defense of all other parallel proceedings.

In their article, "Defending Parallel Proceedings: Basic Principles and Tactical Considerations," prepared for Securities Litigation Report (February 2010), Lawrence Zweifach and Eric Creizman discuss the myriad challenges inherent in defending multiple proceedings, and they provide an overview of the key issues and judicial decisions that need to be considered when fashioning a global defense strategy.

Reprinted with permission from Securities Litigation Report (February 2010, Volume 7, Issue 2),
© 2010 Thomson Reuters.