Securities Litigation

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Even before the start of the new Trump administration, corporate DEI initiatives faced increasing scrutiny. With the new administration, DEI initiatives face even greater scrutiny. Following Trump’s January inauguration, the President and the Attorney General declared that the new administration intends to target what they have called “illegal DEI.” The administration’s approach creates regulatory and enforcement risks for companies and their executives with respect to DEI issues. And as detailed in a recent law firm memo, these developments could also give rise to increased corporate and securities litigation risks as well, as discussed below. The Winston and Strawn law firm’s April 28, 2025, memo entitled “Securities Litigation Risk in the Evolving DEI Landscape” can be found here.Continue Reading Corporate and Securities Litigation Risk in the New DEI Environment

The number of securities class action lawsuit filings involving accounting allegations increased slightly in 2024 compared to 2023, but the 2024 accounting-related filings remained below the long-term annual average number of such filings, according to the latest annual report from Cornerstone Research. The number of accounting-related settlements in 2024 remained steady compared to 2023, while the median, average, and total settlement values all decreased compared both to 2023 and long-term values.Continue Reading Accounting-Related Securities Suit Filings Increased, Settlement Values Decreased

In its June 2023 decision in the Slack case, the United States Supreme Court held that, order to establish standing, Section 11 plaintiffs must plead and prove that the shares they purchased in a direct listing offering are traceable to the allegedly misleading registration statement. However, as I noted at the time, while the Court was clear that Section 11 plaintiffs must establish traceability, the Court had little to say about what is required to establish the tracing.

In a recent ruling in a securities lawsuit against Palantir Technologies, which went public in a direct listing, the Court granted the defendants’ motion to dismiss the plaintiffs’ Section 11 claim, after finding that the alternatives the plaintiffs proposed to try to establish tracing were insufficient. The practical implication of the Court’s decision is that the strict tracing requirements may, as an April 16, 2025, memo from the Paul Weiss law firm put it, “effectively insulate companies that go public through a direct listing from Section 11 liability.”Continue Reading High Bar to Establish Section 11 Standing for Direct Listing Purchasers

As I have noted in prior posts (most recently here), courts have over time evinced a continuing skepticism of securities class action lawsuit allegations based on short-seller reports. The short sellers’ financial incentives and their reliance on anonymous sources have caused courts to be wary of securities suit allegations based on their reports. In a recent Fourth Circuit decision in a case in which the plaintiffs’ allegations were largely relied on a short-seller’s report, the appellate court affirmed the district court’s dismissal of the case, based on the plaintiffs’ failure to adequately allege loss causation. The court’s opinion provides several interesting observations about securities suit allegations based on short sellers’ reports.Continue Reading 4th Circ.: Short Seller Report’s Allegations Insufficient to Establish Loss Causation

Long-time observers of securities class action litigation filing patterns know well that life sciences companies are frequent targets of securities suit, reflecting a litigation frequency pattern that has been well-established for years. While in more recent years the overall number of securities suits filed against life sciences has shown a marginal decline, in 2024, the number of securities suits filed against life sciences companies increased to the highest level in several years, according to the latest annual report from the Sidley law firm. A copy of the law firm’s recent memo, entitled “Securities Class Actions in the Life Sciences Sector: 2024 Annual Survey” can be found here. A two-page summary of the report can be found here.Continue Reading A Detailed Look at the 2024 Securities Litigation Against Life Sciences Companies

The number of securities class action lawsuit settlements increased in 2024 compared to the year prior, but the median, total, and average settlement amounts decreased during the year, according to a new report from Cornerstone Research. Cornerstone Research’s March 26, 2025 press release about the report can be found here. The report itself, which is entitled “Securities Class Action Settlements — 2024 Review and Analysis,” can be found here.Continue Reading More Securities Suit Settlements in 2024, Settlement Amounts Decline

A recurring theme at the recent PLUS D&O Symposium related to the risks associated with the rise of artificial intelligence (AI), risks that may among other things translate into D&O claims. Among other AI-related litigation concerns is the fear that companies seeking to catch some of the AI buzz will overstate their AI prospects. Last week, in the latest examples of the kinds of AI-related D&O claims that can arise, two companies were sued in separate securities lawsuits alleging that the companies overstated their AI capabilities or prospects – a phenomenon that has been described as “AI washing.”Continue Reading Two Companies Hit with Separate AI-Washing Securities Lawsuits

As I have previously noted on this site (for example, here), a long-standing and frequently recurring litigation pattern has been the filing of a corporate or securities lawsuit in the wake of an antitrust enforcement action. In the latest example of this pattern, a plaintiff shareholder has alleged that Atkore, a PVC pipe manufacturer, misled investors by failing to disclose that its product pricing was being propped up by an alleged scheme with its competitors to fix prices. The securities suit filing follows a prior civil antitrust action against the company and its competitors. The securities suit, which in addition to representing an example of antitrust follow-on securities litigation, is also an example of a lawsuit arising out of a company’s post-COVID business operations. A copy of the February 21, 2025, complaint can be found here.Continue Reading Antitrust Allegations Lead to Securities Suit Against PVC Pipe Company

According to the latest annual report from ISS Securities Class Action Services, there were four court-approved securities class action settlements in 2024 large enough to make the firm’s list of the Top 100 U.S. Securities Class Action settlements. These settlements took place in a year in which there were 136 court-approved monetary securities class action lawsuit settlements totaling over $4.7 billion. The details of the 2024 court approved settlements, including with respect to the four largest during the year, can be found in the ISS Securities Class Action Services report entitled “The Top 100 U.S. Class Action Settlements of All-Time” (as of December 31, 2024), here.Continue Reading ISS Releases Top 100 Securities Suit Settlements List

The filing of Opioid-related securities litigation is not a new development; indeed, more than six years ago, I published a post in which I noted the outbreak at the time of a number of opioid-related securities suits against opioid drug companies. Now, in the latest opioid-related securities suits to be filed, and in the wake of the U.S. Department of Justice’s filing of a False Claims Act complaint against the company, a plaintiff shareholder has filed an opioid-related securities class action lawsuit against Walgreens Boots Alliance. A copy of the January 30, 2025, complaint can be found here.Continue Reading Walgreens Boots Alliance Hit with Opioid-Related Securities Suit