During the 2010-2011 term, the Supreme Court will have handed down decisions in Matrixx Initiatives, centered on materiality; Halliburton, on loss causation and class certification; and Janus Capital, on primary liability. Dorsey Partner Tom Gorman explores the implications of these decisions on securities litigation going forward, such as the impact of the Matrixx decision’s discussion regarding the application of Tellabs and pleading a strong inference of scienter, which is already causing a revision on how the key pleading test is applied. Mr. Gorman also looks forward to cases the Court may consider in the next term.

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