Partner Jesse L. Jensen appeared on the American Bar Association’s From Boardroom to Courtroom podcast in an episode titled “How Major Securities Fraud Cases Get Built.”
Jesse offered a plaintiff-side perspective on the lifecycle of a securities fraud case, from the initial investigation through litigation. Drawing on notable cases he has worked on in his career, he discussed how major securities cases are developed, the importance of a thorough investigation, the role of forensic accountants and damages experts in building a case, and the benefits of institutional investors serving as lead plaintiffs.
Throughout the discussion, Jesse provided insight into the process behind developing and litigating securities fraud class actions, including the work involved in identifying and evaluating potential misconduct and developing the facts underlying a case. He emphasized the importance of a thorough investigation, including the role of confidential witnesses, and how attorneys can leverage the expertise of forensic accountants and damages experts in building a case. Jesse also highlighted the passion and seriousness that institutional investors can bring to “holding accountable . . . widespread misconduct and systemic breakdown” as lead plaintiffs in cases where “investors are left holding the bag.”
Jesse concluded the conversation by discussing potential trends in securities class action litigation, including the fast-evolving landscape of artificial intelligence and “AI-washing” as well as how recent changes in SEC regulation and enforcement will likely “put more importance on private litigation to enforce and protect the integrity of the free markets.”
