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Throughout 2023, I have noted examples of securities class action lawsuit filings involving companies whose operations or financial results were undercut by adverse macroeconomic conditions. The specific adverse economic conditions involved have included, for example, rising interest rates, heightened economic inflation, and supply chain and labor supply disruptions.

In yet another example of this phenomenon, a plaintiff shareholder has this week sued the software company Expensify in a lawsuit alleging not that a single adverse macroeconomic factor undercut the company’s results, but rather that adverse macroeconomic conditions in general hurt the company’s financial results and caused it to fall short of the growth projections it made in its IPO. As discussed below, the overall macroeconomic conditions that hurt this company and that were such a factor in securities class action litigation frequency overall in 2023 likely will continue as we head into 2024. There also is a D&O practitioner’s pointer below for those willing to read all the way to the end of this post. A copy of the November 2, 2023, complaint filed against the company can be found here.Continue Reading Securities Suit Alleges “Macroeconomic Headwinds” Undercut IPO Company

Earlier this year, three of the largest banks failed in a sequence of events that was dubbed the Banking Crisis of 2023. With the passage of time, fears that the three failures could foreshadow further failures and deeper woes seemingly subsided, though a wave of banking institution downgrades in August 2023 briefly rekindled concerns. More recently, things have been quiet. Does that mean it is time to sound the all-clear signal? Perhaps, but there are signs out there suggesting continued vigilance may be in order.Continue Reading Checking in on the 2023 Banking Crisis

Over the course of several weeks from March to early May this year, three large U.S. banks failed in a sequence of events that has come to be known as the Banking Crisis of 2023. Fears arose at the time that the bank failures could become a contagion event across the banking industry. With the passage of time since the most recent failure, there seems to be a general perception that the banking crisis has subsided. But even though the situation may have calmed down, concerns remain that there could be more of the story to be told about the 2023 Banking Crisis. What should we be worried about, and what are the signs to watch for?Continue Reading Where Are We Now With the Banking Crisis of 2023?