Securities class actions are a relatively new development in Canada, spurred on by recent legislative changes. Although all but one province had enacted class action legislation by 2004, including Québec in 1978 and Ontario in 1993, securities claims brought under common law allegations of negligent and fraudulent misrepresentation were not conducive to class actions.

2016 was an unprecedented year in securities class actions filings

In the July 2025 issue of Climate and Energy, NERA Senior Managing Director Jeff D. Makholm reflects on a decade of insights regarding economic regulation in the energy sector that were published in Climate and Energy...

According to a report published by NERA Economic Consulting, 234 federal securities class action complaints were filed in 2015.

Over the past few years, the asbestos litigation environment has undergone many changes, including legislative and judicial tort reform, judicial investigations into the quality of supporting medical evidence, and a heightened scrutiny of the documentation accepted by several larger asbestos trusts.

The Department of the Treasury intends to rely on auctions to price the mortgage-related assets for which it will be a purchaser. The US Treasury is and has long been a frequent and massive seller of US government securities at auction.

In a recent verdict, a jury in the U.S. District Court for the Southern District of California held Microsoft liable for infringement of two patents held by Alcatel-Lucent (Lucent). It ordered Microsoft to pay just over $1.5 billion in reasonable royalty damages, the largest patent damage award in history. The case, Lucent Technologies et al. v. Gateway Inc. et al., focused on two patents relating to MP3 audio technology and the ability of computers running Microsoft’s Windows Media Player (WMP)

Pump manufacturer Nash Engineering Company appears to have recently become the latest casualty of asbestos litigation. On October 19, 2021, Nash Engineering filed for Chapter 7 bankruptcy...

France's latest offshore wind tender presents an unprecedented challenge in auction design, offering 10 GW across fixed-bottom and floating projects with complex allocation rules that could reshape competitive dynamics. The sophisticated mechanism combines capacity caps, average price thresholds, and cascading relinquishment procedures that force bidders to strategize across multiple sites simultaneously rather than optimizing individual bids in isolation.

President Obama has signed the $787 billion federal stimulus package, which includes hundreds of billions of dollars for new public investments and tax cuts for business and individuals.

NERA Economic Consulting has recently published an analysis of the penalties imposed by the UK financial regulator since April 2012.

Since a ramp-up in enforcement actions over the past decade, the SEC has settled an average of 10 FCPA-related cases on an annual basis from 2007-2012

Recent reports of the success and failure of mobile virtual network operators (MVNOs) have generated a great deal of media and industry interest in these wireless resellers. Virgin Mobile USA LLP is the typical success story, as it signed up over three million customers in its first 30 months of service and is currently the fastest growing mobile service provider in the US.

Courts often face many challenges when assessing the solvency of a company whether public or privately held.

In a recent article published in the Intellectual Property and Technology Law Journal, Director Daniel Werner analyzes various approaches to apportionment...

The time charterer of a bulk carrier sued a shipbroker which had mistakenly represented that it acted on behalf of a prominent exporter. The time charterer succeeded in claims for breach of warranty of authority, and of sections 52 and 53(bb) of the "Trade Practices Act".

The Volcker Rule (section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act), depending on how it is interpreted and enforced by regulators, has the potential to significantly change the scope and scale of trading within federally insured depositories and their affiliates.

Companies and their directors and officers must accept that securities class actions are a reality of accessing the capital markets. For a variety of reasons,[1]

The International Monetary Fund (IMF) estimates that the credit crisis will cost about $945 billion dollars, the latest in a long list of estimates presented in Figure 1 below. No one knows the ultimate cost of the crisis, but it certainly will exceed the costs of the last major financial crisis presented by the collapse of the savings and loan industry.

The largest power grid in the country is having an historical moment. PJM—the grid that spans 13 states and serves 67 million—may conduct a first-ever "emergency" auction to secure power generation capacity amid...