Shareholders Can Use Whistleblower Documents in Fraud Complaint: Judge

Here’s a new twist on an old story. A securities class action firm in the early stages of a fraud case tracks down a former employee of the defendant. The former employee dishes dirt about the company to an investigator, a boon for plaintiffs’ lawyers who have to draft a detailed complaint about corporate wrongdoing without the benefit of discovery from the defendant. The company protests, asserting that former employee was under a confidentiality agreement. Often what happens next is that former employees recant their testimony, creating considerable awkwardness (or worse) for shareholder lawyers.

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