With increasing frequency, the plaintiffs’ bar has been filing what are being called “f-cubed” securities fraud cases in U.S. courts: cases on behalf of foreign plaintiffs against foreign companies for trading on foreign exchanges. Dozens of such cases have been filed in the past few years, and they have met with some success. Two of the biggest securities class-action settlements in recent years, in fact, have involved foreign companies and classes that included foreign investors in those companies: Nortel Networks, which paid some $2.2 billion, and Royal Ahold, which settled for $1.1 billion. To be sure, many of the recent f-cubed cases have been dismissed. But enough have survived to make plaintiffs’ lawyers’ efforts to recruit foreign clients worthwhile....

This is the first issue following our twenty-fifth anniversary. Audio and video from the 25th National Lawyers Convention is online. In addition, we are pleased to announce that the transcripts of nearly all of the panel debates will be published in various law reviews this coming year, including The Harvard Journal of Law and Public Policy, The Georgetown Journal of Law and Public Policy, The Texas Review of Law and Policy, The William and Mary Environmental Law and Policy Review, The New York Journal of Law and Liberty, Ave Maria Law Review, Hofstra Law Review, Regent University Law Review, The Southern New England Roundtable Symposium Law Journal, The SMU Technology Law Review, The University of Miami International and Comparative Law Review, and The Georgetown Journal of Legal Ethics. Publication details appear on the individual webpage for each panel in our new Multimedia Archive. Consequently, we will not be publishing the transcripts as an issue of Engage this year; our next issue will be in June.

The Federalist Society's Corporations Practice Group presented this panel discussion at the 2007 Annual National Lawyers Convention on November 15, 2007. The panelists included Hon. David D. Aufhauser of UBS Global, Prof. Richard A. Epstein of the University of Chicago Law School, Prof. Douglas W. Kmiec of Pepperdine University School of Law, Hon. George J. Terwilliger III of White & Case LLP, and former Deputy U.S. Attorney General, and Mr. François-Henri Briard of Delaporte, Briard & Trichet and President of the the Federalist Society's Paris Chapter as the moderator.

The Federalist Society's Criminal Law Practice Group presented this panel discussion at the 2007 Annual National Lawyers Convention on November 15, 2006. The panelists included Hon. Bob Barr of Liberty Stategies LLC, Hon. Jamie Gorelick of Wilmer Hale, Mr. Andrew C. McCarthy of the Foundation for the Defense of Democracies, Prof. John C. Yoo of UC Berkeley, Boalt Hall School of Law, and Hon. Merrick B. Garland of the U.S. Court of Appeals for the DC Circuit as the moderator.