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H.R. 3931, The Securities Litigation Attorney Accountability and Transparency Act
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Comparing revision saved on October 24, 2007, 18:30:41 (webmaster), with revision saved on March 5, 2008, 19:18:15 (webmaster):
H.R. 3931 would protect investors by fostering transparency and accountability of attorneys in private securities litigation.
== Detailed Summary ==
<summary>
(LogSecurities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and 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 editdismiss, motion for summary judgment, or a trial on the wikimerits, 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 firstcost 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 similar plaintiff and plaintiff's attorney certifications regarding: (1) legal representations; (2) contributions; and (3) conflicts of interest.
Requires the court, in exercising discretion over the approval of lead counsel, to employ a detailed summarycompetitive bidding process as one of the bill!)criteria (unless the court determines that such a process is not feasible).
Instructs the Comptroller General to study and report to certain congressional committees on average hourly fees in securities class actions.
</summary>
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== Status of the Legislation ==
<status>
Latest Major Action: 10/23/2007: Referred to House committee. Status: Referred to the Committee on Financial Services, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
</status>
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== Points in Favor ==
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== Points Against ==
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