A new question about the fairness of trading in the markets surfaced this week based on questions about flash trading which is claimed to give some traders an informational advantage. SEC enforcement brought a somewhat unusual disclosure case based on…

Pleading requirements are often critical in securities litigation. The PSLRA, for example, employs stringent pleading requirements in conjunction with other requirements to help eliminate frivolous complaints. While many thought that Dura resolved the question of whether loss causation could be…