Halliburton Ruling Aids Both Sides in Securities Litigation

The National Law Journal
June 23, 2014

Lawrence A. Sucharow believes the Supreme Court ruling on Halliburton Co. v. Erica P. John Fund will give plaintiffs "an extra arrow in the quiver"

"Class certification hearings are going to look like antitrust hearings. It will be an expensive battle of experts and it will go on for days."

Sucharow acknowledged that the court had given defendants "another arrow in their quiver to defeat class certification," but he added, "If we win and a class is certified, now who has an extra arrow in the quiver?" In other words, he said that if a suit survives class certification, then the plaintiffs will have a stronger hand as the litigation—and negotiation—proceeds.