One trend I have noted on this site in recent years is the proclivity of plaintiffs’ lawyers to file securities class action lawsuits or shareholder derivative lawsuits in the wake of antitrust regulatory or enforcement actions. These kinds of lawsuits tend to cluster in specific industries as antitrust enforcement authorities concentrate on alleged anticompetitive behavior in those sectors. One industry that recently was the focus of both regulatory action and securities litigation is the poultry production industry.

As discussed here, beginning in 2016 companies in this industry that found themselves the subject of antitrust enforcement actions were hit with follow on securities litigation. In connection with one of those suits involving poultry producer Pilgrim’s Pride the court recently granted the defendants’ motion to dismiss. Both the lawsuit and the court’s ruling are significant given the current Presidential administration’s ramped-up antitrust enforcement approach and the possibility for resulting follow-on D&O claims. The Court’s March 8, 2022 order in the Pilgrim’s Pride case can be found here.
Continue Reading Antitrust Enforcement Follow-On Securities Suit Against Pilgrim’s Pride Dismissed

In its latest annual report, ISS Securities Class Action Services reports that in 2021 the Robbins Geller law firm, for the second year in a row, secured the highest dollar value in securities class action lawsuit settlements during the year and also was involved in the highest number of separate settlements. The report, which includes both U.S. and Canadian settlements, ranks the top 50 plaintiffs law firms by total dollar value recoveries and the Top Ten plaintiffs law firms ranked by number of settlements achieved. The March 4, 2022 ISS SCAS report, which is entitled “The Top 50 of 2021” and was co-authored by ISS SCAS’s Jeff Lubitz and Lloyd Flores, can be found here.
Continue Reading ISS SCAS Report Ranks Top 50 Plaintiff’s Securities Law Firms by 2021 Settlement Values

In the following guest post, Ed Whitworth, the Head of Directors and Officers Liability at Inigo, and Yera Patel, Head of Casualty & Financial Lines Claims and Analytics for Inigo, summarize the results of a recent survey Inigo conducted of U.S. securities litigation defense counsel.. The original of the survey summary previously was published on Inigo’s blog, here. I would like to thank Ed, Yera, and Inigo for allowing me to publish the report summary on this site. I welcome guest post submissions from responsible authors on topics of interest to the blog’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ article. 
Continue Reading Guest Post: Inigo 2022 D&O Defense Survey

As I have noted in numerous posts on this site (most recently here), the plaintiffs’ track record in data breach-related securities class action lawsuits is mixed at best. To be sure, there have been cases in which plaintiffs’ have prevailed, but overall the plaintiffs’ track record in data breach-related securities suits has been poor. In the latest setback for plaintiffs in these kinds of cases, the Ninth Circuit has affirmed the trial court’s dismissal of the data breach-related securities suit filed against Zendesk. A copy of the Ninth Circuit’s March 2, 2022 Opinion in the Zendesk case can be found here.
Continue Reading Ninth Circuit Affirms Zendesk Data Breach Securities Suit Dismissal

In my recent year-end wrap up of directors’ and officers’ liability and insurance issues that arose during 2021, I conjectured that several current economic circumstances – including in particular supply chain disruptions – could lead to D&O claims in 2022. The way that D&O claims might arise out of these economic conditions is illustrated in a new securities class action lawsuit filed against the software company Cerence, which experienced a reduction in automobile industry demand for its products and services due to the global semiconductor shortage. A copy of the complaint filed against Cerence on February 25, 2022 can be found here.
Continue Reading Global Semiconductor Shortage Leads to Securities Lawsuit

Just as the overall number of securities class action lawsuit filings declined in 2021 relative to the year prior (as discussed in detail here), the number of securities suits filed against non-U.S. companies declined in 2021 as well, although the number of suits against foreign companies as a percentage of all 2021 securities suit filings decreased only slightly, as reflected in a new report from the Dechert law firm. The February 24, 2022 report, entitled “2001 Developments in U.S. Securities Fraud Class Actions Against Non-Issuers,” can be found here.
Continue Reading Securities Suit Filings Against Non-U.S. Companies Declined in 2021

In the latest post-SPAC-merger securities class action lawsuit, a plaintiff shareholder has filed a securities suit against a rare earth mining and processing company that completed a SPAC merger in November 2020. Like many SPAC-related securities suits that have been filed in recent months, the lawsuit follows a drop in the company’s share prices following a negative short-seller report. A copy of the February 22, 2022 lawsuit against MP Materials Corp. can be found here.
Continue Reading Mining Company Hit with Post-SPAC-Merger Securities Suit After Short Seller Report

In a lawsuit that captures two of the top current securities class action lawsuit trends, a plaintiff shareholder has filed a securities class action lawsuit against health technology company Butterfly Network. The new lawsuit is both SPAC-related and COVID-related. Butterfly merged with Longview Acquisition Corp., a special purpose acquisition company (SPAC), in February 2021. The allegations included, among other things, a contention that the defendant company failed to take into account pandemic’s “broad consequences” in its operations and reporting. A copy of the plaintiff’s February 16, 2022 complaint can be found here.
Continue Reading Post-SPAC-Merger Company Hit with COVID-Related Securities Suit

As I have noted elsewhere on this site (for example here), the number of federal court merger objection class action lawsuits declined significantly during 2021. But as I and others have also noted, the decline in class actions had not necessarily meant less merger objection litigation overall. The merger objection suits are still being filed; they are just being filed as individual actions rather than as class actions. In the following article, Gregory Markel, Vincent Sama, Daphne Morduchowitz, Andrew Escobar, and Matthew Catalano of the Seyfarth Shaw law firm take a closer look at these changing merger objection lawsuit patterns and discuss the implications. I would like to thank the authors for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ article.
Continue Reading Guest Post: Plaintiffs’ Abusive Tax on M&A Deals Changed Form But Continued in 2021

As I have noted in prior posts on this site, the surge in special purpose acquisition corporation (SPAC) IPO transactions over the last two years has also meant a wave of SPAC-related lawsuits. In the following guest post, Peter Evans, Complex Claims Director – Executive & Professional Lines, Berkshire Hathaway Specialty Insurance, Elan Kandel, Member, Bailey Cavalieri LLC and James Talbert, Associate, Bailey Cavalieri LLC, take a look at SPACs and the litigation risks that SPAC sponsors can face, as well as the insurance issues that can arise in claims involving SPAC sponsors. I would like to thank the authors for allowing me to publish their article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ article.
Continue Reading Guest Post: Litigation Risks and Insurance Issues for SPAC Sponsors