For nearly 30 years, the Private Securities Litigation Reform Act (PSLRA) has required private plaintiffs in securities litigation to plead both falsity and scienter with particularity. The Supreme Court will likely clarify the contours of this heightened pleading standard when it decides NVIDIA Corp. v. E. Ohman J:or Fonder AB this term.

One of the questions presented in NVIDIA is whether plaintiffs seeking to allege scienter under the PSLRA based on allegations about internal company documents must plead with particularity the content of those documents.