12.01 As in the vast majority of civil and commercial proceedings in the United States courts, the gathering of evidence through pre-trial discovery is an essential stage in class actions and is of particular relevance given that often plaintiffs do not have sufficient evidence to substantiate their claims. Examples of such a situation can be found in securities class actions where class counsel only has the information available to the public, which is per se often insufficient to substantiate the alleged violations of federal securities laws. The recent...
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