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Berger & Montague Attorney Publications | Scholarly Legal Articles

Berger & Montague attorneys regularly publish written works on a variety of topics in legal and academic magazines, journals and publications.

Berger & Montague places an emphasis on contributing to the legal discourse both in the context of the firm's case-related activities and through the publication of scholarly and practical articles. In addition, and when appropriate, our attorneys may comment in the m edia on current events, especially when those events are widely reported and intersect with the law or current legal issues.

Securities Class Actions Since The 1995 Reform Act: A Plaintiff's Perspective

By: Sherrie Savett
Source: SF86 ALI-ABA 1023
May 10, 2001

Greetings from the Plaintiffs' Class Action Bar: We'll Be Watching

By: Sherrie Savett
Source: SE082 ALI-ABA 739
May 11, 2000

Shareholders Class Actions in the Post-Reform Act Era

By: Sherrie Savett
Source: SD79 ALI-ABA 893
April 30, 1999

The Derivative Action: An Important Shareholder Vehicle for Insuring Corporate Accountability in 7477 Jeopardy

By: Sherrie Savett
Source: Practising Law Institute, PLI H4-0528
September 1, 1987

Of Vulnerable Monopolists?: Questionable Innovation in the Standard for Class Certification in Antitrust Cases (Forthcoming)

By: Eric Cramer & Joshua P. Davis
Source: Rutgers-Camden L. Rev.
Some courts appear to have begun to revise the standard for granting class certification, including in antitrust cases. The new standard, if there is one, may empower courts to find facts relevant to the merits in a way that historically they have not...

Antitrust, Class Certification, and the Politics of Procedure (Forthcoming)

By: Eric L. Cramer & Joshua P. Davis
Source: 17 George Mason L. Rev. 969 (2010)
This Article develops two arguments against a possible trend in federal appellate courts toward imposing a new, heightened standard for class certification in antitrust cases. Recent case law can be read to imply that trial judges may make findings of...

Who May Pursue a Private Claim?

By: Eric L. Cramer & Daniel Simons
Source: The International Handbook on Private Enforcement of Competition Law
Eric L. Cramer & Daniel Simons co-authored a chapter in The International Handbook on Private Enforcement of Competition Law (Am. Antitrust Inst. 2010).

The Superiority of Direct Proof of Monopoly Power and Anticompetitive Effects in Antitrust Cases Involving Delayed Entry of Generic Drugs

By: Daniel Berger & Eric L. Cramer
Source: 39 U.S.F. L. Rev. 81
Branded prescription pharmaceutical manufacturers in recent years have gone to great lengths to delay the market entry of less expensive, but otherwise functionally identical, generic versions of their brand-name products, spawning multiple lawsuits...

Everything David Needs to Know to Battle Goliath

By: Sherrie Savette
Source: ABA Tort & Ins. Practice Section, The Brief, Vol. 20, No. 3

ARTfully Discriminating

By: Patrick F. Madden
Source: 28 Temp. J. Sci. Tech. & Envtl. L. 307 (2009)
This casenote examines the Seventh Circuit decision in Hall v. Nalco, Co. which found that a woman cannot be terminated for absences related to infertility treatments.

Imports and Exports of Hazardous Waste

By: Joy Clairmont
Source: 3 Envtl. L. 545 (1997)

Plaintiffs' Vision of Securities Litigation: 2005-2007

By: Sherrie Savett
Source: Practising Law Institute (Oct. 2008)

Plaintiffs' Vision of Securities Litigation: Current Trends and Strategies

By: Sherrie Savett
Source: 1762 PLI (Oct. 2006)

The Indispensable Tool of Shareholder Suits: Private Securities Litigation as a Remedy for Failed Governance

By: Glen Abramson & Sherrie Savett
Source: 28 Directors & Boards (Winter 2004)

Preventing Financial Fraud

By: Sherrie Savett
Source: B0-00E2 PLI B0-00E3 (Apr.-May 1999)

What to Plead and How to Plead the Defendants' State of Mind in a Federal Securities Class Action: The Plaintiffs' Perspective

By: Arthur Stock & Sherrie Savett
Source: 30th Annual Institute on Securities Regulation, Vol. 2 at 807 (1998)
This article was submitted as part of the 30th Annual Institute on Securities Regulation

The Merits Matter Most: Observations on a Changing Landscape under the Private Securities Litigation Reform Act of 1995

By: Sherrie Savett
Source: 39 U. Ariz. L. Rev. 525 (1997)
Excerpt: I. The Merits Matter Enormously to the Size of Recovery in Securities Class Actions Statistics varying all over the lot have been presented in the debate over the value of securities class actions and whether they genuinely compensate...
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