The Milberg Weiss Indictment and H.R. 5491

Download file The complete version of this testimony is available here as an Adobe Acrobat PDF

Thank you for your kind invitation to testify today about abuses in securities class action litigation and on H.R. 5491, the proposed Securities Litigation Attorney Accountability and Transparency Act.

The problem of abuses by plaintiffs’ attorneys in securities class action litigation have come to the forefront because of the recent indictment of the Milberg Weiss law firm. But I am reminded of what Michael Kinsley once said: "The scandal isn't what's illegal; the scandal is what's legal." I, along with many academics, believe that the same is true with much securities class action litigation.

But while there are areas of securities class action reform that are unavoidably divisive, this bill should not be one of them. The small steps taken by this bill are uncontroversial means to reduce corruption in the securities litigation process, benefiting shareholders and plaintiffs’ law firms that play by the rules. I would like to see Congress to take more decisive action to protect investors and the American public from problems created by earlier Congressional action and judicial interpretations of these statutes, but this bill is a step in the right direction.

Download file The complete version of this testimony is available here as an Adobe Acrobat PDF

Also Visit
AEIdeas Blog The American Magazine
About the Author

 

Ted
Frank
  • Ted Frank is a former resident fellow at AEI. He specialized in product liability, class actions, and civil procedure while at AEI. Before joining AEI, Mr. Frank was a litigator from 1995 to 2005 and clerked for the Honorable Frank H. Easterbrook on the Seventh Circuit Court of Appeals. Mr. Frank has written for law reviews, the Wall Street Journal, the Washington Post, and The American Spectator and has testified before Congress multiple times on legal issues. He writes for the award-winning legal blogs PointOfLaw.com and Overlawyered, and the Wall Street Journal has called him a "leading tort-reform advocate."  Mr. Frank was recently elected to membership in the American Law Institute.

What's new on AEI

Defeating ISIS: AEI experts weigh-in before the president’s address on Wednesday
image Degrading, defeating, and destroying the Islamic State
image Wealth Building Home Loan: Building wealth through homeownership and retirement savings
image The $3 iPhone
AEI on Facebook
Events Calendar
  • 15
    MON
  • 16
    TUE
  • 17
    WED
  • 18
    THU
  • 19
    FRI
Tuesday, September 16, 2014 | 5:00 p.m. – 6:00 p.m.
The Constitution as political theory

Please join us for the third-annual Walter Berns Constitution Day Lecture as James Ceasar, Harry F. Byrd Professor of Politics at the University of Virginia, explores some of the Constitution’s most significant contributions to political theory, focusing on themes that have been largely unexamined in current scholarship.

Event Registration is Closed
Wednesday, September 17, 2014 | 8:10 a.m. – Thursday, September 18, 2014 | 1:30 p.m.
Third international conference on housing risk: New risk measures and their applications

We invite you to join us for this year’s international conference on housing risk — cosponsored by the Collateral Risk Network and AEI International Center on Housing Risk — which will focus on new mortgage and collateral risk measures and their applications.

Event Registration is Closed
Thursday, September 18, 2014 | 2:15 p.m. – 3:00 p.m.
Speaker of the House John Boehner on resetting America’s economic foundation

Please join us as Speaker John Boehner (R-OH) delivers his five-point policy vision to reset America’s economy.

Friday, September 19, 2014 | 9:15 a.m. – 11:00 a.m.
Reforming Medicare: What does the public think?

Please join us as a panel of distinguished experts explore the implications of the report and the consumer role in shaping the future of Medicare.

No events scheduled this day.
No events scheduled this day.
No events scheduled this day.
No events scheduled this day.