Litigation & enforcement partner Eva Carman, counsel Alexander Simkin and associate Patrick Roath co-authored an article published by Law360 that examines how the decision in Grupo Televisa SAB Securities Litigation may lead to more third-party discovery burdens for asset managers in securities cases. The authors argue that, “the court’s decision appears to expand the universe of investment positions a court may consider in assessing the typicality of a named plaintiff to include investments in pooled funds overseen by third-party asset managers.”
They continue: “The decision may, therefore, invite additional scrutiny by defendants in class actions into plaintiffs' investment in pooled investment funds. Such a development, in turn, could create additional work for asset managers who may be compelled to respond to third-party subpoenas seeking intrusive discovery into the nature of their clients' investment positions.”
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