Partner Andrew Zivitz recently spoke with ALM’s Litigation Daily about the state of securities litigation a year after the Second Circuit’s decision in Arkansas Teacher Retirement System v. Goldman Sachs Group Inc. ATRS, which applied the U.S. Supreme Court’s 2021 decision in the same dispute, gave defendants a clearer path for raising price impact challenges to defeat class certification. In the article, Andy provided valuable plaintiff-side perspective on the post-ATRS landscape, saying the decision has been far from a silver-bullet solution for defendants.
“Our position is that that undermines the ability to challenge loss causation at summary judgment. Arguments that we've historically seen later in the case are now pushed up into the class certification stage,” Andy said.
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