Securities Litigation

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As I have noted in numerous posts on this site (most recently here), SPAC-related litigation has been a significant factor in the overall volume of corporate and securities litigation filings in recent years. But while I have been attentive to noting the lawsuits as they have been filed, it could be argued that I have not been as dutiful in noting how these cases are being resolved. One recent case resolution – the settlement of the various SPAC-related litigation involving ATI Physical Therapy – is particularly interesting. The court recently approved the settlement of these cases for a total of $31 million. As discussed below, there are several interesting features of these settlements. The court’s approval of the settlements is detailed in a September 24, 2024, Law360 article (here).Continue Reading ATI Physical Therapy Settles SPAC-Related Litigation for $31 Million

As I noted in a blog post at the time, in June the U.S. Supreme Court entered its opinion in the SEC v. Jerkesy case, striking down the SEC’s use of Administrative Law Judges in civil penalty action. In the following guest post, Gregory Markel, Sarah A. Fedner, and Gershon Akerman of the Seyfarth Shaw law firm take a detailed look at the case and consider its significance and implications. A version of this article previously was published in the Practical Law Forum. I would like to thank the authors for allowing me to publish their article on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is the authors’ article.Continue Reading Guest Post: SEC Administrative Proceedings After SEC v. Jarkesy

Securities class action litigation observers know that securities suits frequently are accompanied by shareholder derivative lawsuits based on the same essential allegations. A recent report from Cornerstone Research, entitled “Parallel Derivative Action Settlement Outcomes: 2023 Review and Analysis,” takes a look at the settlement patterns for these kinds of parallel derivative suits. As the report shows, in recent years, nearly half of all securities class action lawsuits have been accompanied by a derivative lawsuit, and the securities suits with accompanying derivative suits typically are associated with higher settlements. The Cornerstone Research report can be found here. Hat Tip to the August 26, 2024 Cooley law firm memo about the report, here.Continue Reading Parallel Derivative Suits Associated with Higher Securities Suit Settlements

Here at The D&O Diary, we track new securities class action lawsuit filings to identify emerging litigation trends and to track filings that reflect existing trends. Every now and then, we spot new suits that reflect multiple different trends in a single complaint. A new securities lawsuit filed earlier this week against Chinese online retailer PDD Holdings (formerly known as Pinduoduo) is an example of one of these multi-trend suits. As discussed below, the lawsuit shows how privacy-related issues, cybersecurity issues, and geopolitical issues can translate into securities class action litigation. A copy of the August 13, 2024, complaint against PDD can be found here.Continue Reading Online Retailer Hit with Privacy, Security, and Forced Labor-Related Securities Suit

In a significant number of the many SPAC-related lawsuits that have been filed in recent years, SPAC investors allege that executives at the previously private target company into which the SPAC merged made pre-merger misrepresentations about the target company’s operations or prospects. In an interesting decision in a securities suit involving Lucid Motors and that has a great deal of potential significance for many of these SPAC-related suits, the Ninth Circuit has held that the SPAC investors, who were neither purchasers nor sellers of the stock of the target company, lack standing to pursue their claims against Lucid Motors for alleged pre-merger misrepresentations. The Ninth Circuit’s August 8, 2024, opinion in the Lucid Motors case can be found here.Continue Reading 9th Circ.: SPAC Investors Lack Standing to Sue Over Merger Target Company’s Misrepresentations

The number of federal court securities class action filings in the year’s first half project to a year-end total roughly level with year-end total number of suit filings last year, while case resolutions (dismissals and settlements) are on track to exceed 2023 levels, according to a recent report from NERA. The August 6, 2024, report, entitled “Recent Trends in Securities Class Action Litigation: 2024 H1 Update,” can be found here.Continue Reading NERA: First Half Securities Suit Filings Roughly Level with Last Year’s Pace

In an unusual lawsuit that pairs individual wrongful termination allegations with class action securities law claims, a former employee and present shareholder of a unit of the UK-based publishing and data analytics firm RELX PLC alleges that the company fired him in retaliation for raising concerns about the company’s “greenwashing.” He also alleges that the company misled investors about the company’s climate commitments and its climate-related actions. The complaint alleges that the company made public commitments to climate remediation but at the same time continued to engage in business activities contrary to these commitments. As discussed below, this new lawsuit, although unusual, underscores the fact that climate related allegations, including greenwashing allegations, continue to represent a significant potential source of D&O liability. A copy of the August 6, 2024, complaint can be found here.Continue Reading Publishing and Data-Analytics Firm Hit With “Greenwashing” Securities Suit

The number of securities class action lawsuits filed in the first six months of 2024 increased relative to the number of securities suits filed in the second half of 2023, according to a new report from Cornerstone Research. The number of suits filed in the first half of 2024 is roughly level with the historical semiannual average number of filings. The July 31, 2024, report, which is entitled “Securities Class Action Filings:2024 Midyear Assessment,” can be found here. Cornerstone Research’s July 31, 2024, press release regarding the report can be found here.Continue Reading Cornerstone Research: 1H24 Securities Suit Filings Increased Compared to 2H23

The July 19, 2024 CrowdStrike Outage, which has been called the “largest outage in the history of information technology,” disrupted airlines, hospital, hotels, banks, retail businesses, and many other critical cogs in the wheels of commerce. The disruption and adverse publicity surrounding the incident also caused CrowdStrike’s share price to decline as well – over the course of several days following the incident, its shares declined about 30%, representing a market capitalization drop of nearly $12.5 billion. In a world where “everything, everywhere is securities fraud,” this surely seemed like a situation that would produce a securities class action lawsuit. Yet, surprisingly, no securities suit was filed. That is, until now.  Continue Reading CrowdStrike Hit with Outage-Related Securities Suit

Nessim Mezrahi

In the following guest post, Nessim Mezrahi reviews the ways in which the current surging stock market affects the potential exposures of publicly traded companies and the implications for the D&O insurance industry. Nessim is co-founder and CEO of the data analytics firm SAR LLC. SAR previously published a version of this article as a client alert. I would like to thank Nessim for allowing me to publish this article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to the site’s readers. Please contact me directly if you would like to submit a guest post. Here is Nessim’s article.Continue Reading Guest Post: Securities Litigation Exposure Increases During Bull Stock Market