The Texas Republican, a member of the Senate Judiciary Committee, is introducing legislation that
would make several key reforms to current securities class action law to increase the accountability of and transparency for attorneys filing these lawsuits and the institutional plaintiffs they often represent. Specifically, it would require:
DISCLOSURE OF PAYMENTS BETWEEN PLAINTIFFS AND ATTORNEYS
Plaintiffs and attorneys would submit sworn certifications identifying any direct or indirect payments, promises of such payments, and other conflicts of interest between them, as well as all political contributions made to elected officials with authority or influence over the appointment of counsel in the case.
COMPETITIVE BIDDING FOR LEAD COUNSEL
Courts would include a competitive bidding process as one of the factors for the selection and retention of lead counsel for a class of plaintiffs.
STUDY TO DETERMINE APPROPRIATE ATTORNEYS FEES
GAO would commission a study of the last 5 years of fee awards in securities class action cases to determine the average hourly rate for lead counsel.