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Published on: 19 Feb 2019 By

Putting Short Sellers on a (Regulatory) Leash

Traditional investors buy low and sell high, holding the position in the meantime with the hope that the share price will increase.  Short-selling inverts this strategy and involves borrowing a stock that is believed to be overvalued, selling at the high point, and then returning the shares …

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Published on: 18 Dec 2018 By

2018 Year In Review For American and Canadian Whistleblower Programs

Fiscal Year 2018 was a nice year for tippers to the U.S. Securities and Exchange Commission (“SEC”) whistleblower program (“SEC program”), thanks to some misbehaving companies. The SEC made record-breaking payouts of about $168 million to 13 whistleblowers in 2018. The SEC program was initia…

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Published on: 11 Sep 2018 By

Goodbye, Backlogs; Hello, Agency Class Actions

Government agencies across Canada are struggling to process a growing backlog of claims. Few agencies are immune. In April 2018, an independent review concluded that Canada’s refugee determination system is dealing with a surge in claims that it is ill-equipped to manage. In December 2017, t…

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Published on: 24 Apr 2018 By

Competing Class Actions: The Unsettled Law of Carriage Motions

Class counsel trying to predict the outcome of a carriage motion has little to learn from two recent decisions by the Ontario Superior Court of Justice. Carriage motions are unique to class actions.  They arise when multiple class actions are filed for what is essentially the same case and c…

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Published on: 13 Nov 2017 By

Securities Fraudsters to the SEC: Can We Have Our Money Back?

Canadian class action litigators have the reputation of being more cautious than their neighbors to the south.  It’s a reputation surely bolstered by a recent example of colossal chutzpah where acknowledged fraudsters launched an American securities class action to recover their ill-go…

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