Jeff G. Hammel and B. John Casey, partners at Latham & Watkins, write that while plaintiffs and defendants jousted over the "constant percentage" method and the "constant dollar" method for calculating damages in securities fraud cases, the courts stood by largely silent on the issue. That remained the case until the U.S. District Court for the Northern District of Oklahoma - a district not necessarily known for being a "hotbed" for securities law jurisprudence - tackled the debate head-on in In re Williams Securities Litigation. Whether the opinion starts a trend in the case law remains to be seen, but it certainly has the potential to be a watershed case on how damages are calculated in securities fraud cases.
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Sizing Securities Fraud Damages: 'Constant Percentage' on Way Out?
New York Law Journal
January 21, 2009
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