Confidential Witnesses: The Reform Act and the Battle at the Pleading Stage

Authors

Ariel S. Lichterman, Benjamin N. Cardozo School of Law

Abstract

The note examines the role of confidential witnesses in securities litigation under the Private Securities Litigation Reform Act (PSLRA) and the Supreme Court's Tellabs v. Makor Issues & Rights, Ltd. decision. It highlights the challenges courts face in evaluating confidential witness statements, advocating for a balanced approach that considers both the necessity of such evidence and the prevention of abusive litigation. The analysis emphasizes the need for courts to align their methods with the holistic review mandated by Tellabs while addressing the tension between protecting anonymity and assessing credibility.

Disciplines

Evidence | Law | Securities Law

Recommended Citation

Ariel S. Lichterman, Confidential Witnesses: The Reform Act and the Battle at the Pleading Stage, 8 Cardozo Pub. L. Pol’y & Ethics J. 609 (2010).
Available at: https://larc.cardozo.yu.edu/cplpej/vol8/iss3/4