Podcast•Mar 11, 2026•24 min
Above Board: Securities Litigation & Enforcement Outlook for 2026
In this episode of Above Board, Morrison & Foerster partners Jamie Levitt and Ryan Keats discuss the outlook for securities litigation in 2026, highlighting the continued impact of AI, the potential resurgence of IPO-related Section 11 actions, and the evolving debate over mandatory arbitration provisions in registration statements. They note that while AI is a new thematic focus, the underlying claims—revenue recognition, internal controls, and disclosure issues—remain familiar, and they stress the importance of robust due‑diligence and documentation to defend against Section 11 and other class actions. The conversation also covers recent Delaware corporate law changes (SB 21, Rule 220) and their implications for derivative suits and books‑and‑records requests, as well as anticipated shifts in SEC enforcement under its newly staffed leadership.