HR 5463 · 110th Congress · Finance and Financial Sector
Securities Litigation Attorney Accountability and Transparency Act
Bill Progress
✓
Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Referred to the Subcommittee on Capital Markets, Insurance and Government Sponsored Enterprises.(2008-03-25)
Plain Language Summary
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Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to state that, in any private action in which the court enters a final judgment against plaintiff on the basis of a motion to dismiss, motion for summary judgment, or a trial on the merits, the court shall, upon defendant's motion, determine whether: (1) the position of the plaintiff was not substantially justified; (2) imposition of fees and expenses on the plaintiff's attorney would be just; and (3) the cost of such fees and expenses to the defendant is substantially burdensome or unjust. Requires the court to award the defendant reasonable fees and other expenses, and impose such fees and expenses on the plaintiff's attorney, if the court makes positive determinations in such a case. Places the burden of persuasion upon the defendant as to whether or not the position of the plaintiff was substantially justified. Requires plaintiff and plaintiff's attorney to provide sworn, signed certifications that identify any actual or promised payment by the attorney to the plaintiff, beyond the plaintiff's pro rata share of any recovery. Requires sim…
Summarized by Claude AI · Non-partisan · For informational purposes only
Cosponsors (5)
5 Republicans