Class Actions 
Copyright Registration is “Precondition” to Filing a Claim—But is NOT “Jurisdictional”
A statutory condition requiring a party to take some action before filing a lawsuit is not automatically “a jurisdictional prerequisite to suit.”
Rather, the jurisdictional analysis must focus on the “legal character” of the precondition, which is discerned by looking to the condition’s text, context, and relevant historical treatment.
Direct Shareholder Claims Allowed in Apple Stock Backdating Scheme–but No Remedy
Shareholders argued their economic loss was a diluted stock price that could be remedied by recission of management’s vote for the backdated options.
The Ninth Circuit Court rejected this distinction, holding: “the PSLRA does not differentiate between plaintiffs seeking legal and equitable remedies, and thus, without an allegation of economic loss, no remedy, equitable or otherwise, is available.”
Attorneys Fees Claim in Shareholder Derivative Case Disallowed Where Lawyers Failed to Attempt Settlement Discussions before Filing Lawsuit
In the high-stakes game of class action litigation, the lesson here is to be reasonable in trying to settle a case before litigation.
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