1. Defendant’s Approach

The astute defendant initially attacks the pleading.  Has the plaintiff explained precisely what was false or deceptive, and why it is false.  Under the Iqbal case, the plaintiff must explain precisely what is false or deceptive.  In the Madoff fraud, an administrative complaint was dismissed because the plaintiff’s statements about a widespread fraud were deemed  unsupportable speculation.

2. Plaintiff’s counsel’s approach
Even if he believes there to be a clear fraud, plaintiff’s counsel should not underestimate the defense.  I don’t know anything I cannot prove through admissible evidence.  Plaintiff’s counsel should not hesitate to press his client for concrete details about an alleged fraud or other unlawful conduct.

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