Brian O'Mara

San Diego, California, United States Contact Info
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Experience & Education

  • DiCello Levitt

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Publications

  • Whether Alleging 'Motive and Opportunity' Can Satisfy the Heightened Pleading Standards of the Private Securities Litigation Reform Act of 1995: Much Ado About Nothing

    DePaul Business and Commercial Law Journal

    The article first traces pre-PSLRA law where the Second Circuit enunciated a more stringent pleading standard for securities fraud claims. Initially, it seemed the Second Circuit might be satisfied by plaintiff pleading motive and opportunity. The article then examines the legislative history for the PSLRA. That history is unclear on whether alleging motive and opportunity alone would satisfy the PSLRA's heightened pleading standards. The article examines case law in the Second, Sixth and Ninth…

    The article first traces pre-PSLRA law where the Second Circuit enunciated a more stringent pleading standard for securities fraud claims. Initially, it seemed the Second Circuit might be satisfied by plaintiff pleading motive and opportunity. The article then examines the legislative history for the PSLRA. That history is unclear on whether alleging motive and opportunity alone would satisfy the PSLRA's heightened pleading standards. The article examines case law in the Second, Sixth and Ninth Circuits. The article concludes that the tests of the Second and Sixth Circuit are essentially the same. Both restrictively define motive and opportunity to facts that would give rise to an inference of scienter on the part of a particular defendant.

    See publication

Honors & Awards

  • San Diego Super Lawyers, 2016-2021

    Super Lawyers Magazine

  • Outstanding Antitrust Litigation Achievement in Private Law Practice

    American Antitrust Institute

  • CALI Excellence for the Future Award, Securities Regulation

    The Center for Computer-Assisted Legal Instruction (CALI)

Organizations

  • American Bar Association

    -

    - Present

  • American Antitrust Institute

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