Section 11 of the Securities Act of 1933 imposes “a stringent standard of liability” on participants in public securities offerings, permitting recovery by investors for even innocent material misstatements in registration statements. Plaintiffs generally need not demonstrate intent to defraud, and ordinarily need not prove that they relied on the alleged misstatements or omissions.
Despite these seeming challenges, a well-crafted defense strategy can provide opportunities for obtaining early dismissal of Section 11 claims, say Thad Behrens, Benjamin Goodman, and Jasmine Tobias of Haynes and Boone’s national securities litigation practice. In their recent Bloomberg BNA article, Seven on 11: Seven Avenues to Early Dismissal of Claims Under Section 11 of the Securities Act, the authors outline strategies for defeating such claims at the beginning stages of the case. ...
To read the full article, click on the PDF linked below.