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In what it calls the “world’s first” of its type, the environmental advocacy group ClientEarth has filed a shareholder derivative action against the board of Shell plc, claiming that the company’s directors have failed to take sufficient steps to protect the company from the future impacts of climate change. The action seeks to compel the board to “strengthen its climate transition plans, in the best interests of the company in the long term.” A copy of ClientEarth’s February 9, 2023 press release about the new lawsuit can be found here. The group’s statement of FAQ’s can be found here.

Continue Reading Advocacy Group Sues Shell’s Board for Insufficient Climate Change Action

In my recent round-up of the top D&O stories of 2022, one of the stories I identified was the contribution of macroeconomic factors to the filings of securities class action lawsuits during the year. Among the macroeconomic factors I identified, beyond interest rate increases, economic inflation, and supply chain disruption, was the disruption to the labor force following, or perhaps resulting from, the pandemic. A recently filed securities suit shows how these kinds of factors can translate into securities litigation.

Continue Reading Labor Supply Disruption Contributes to Recently Filed Securities Suit

       

Readers will recall that in my recent wrap-up of top D&O liability and insurance issues of 2022, I included on the list the continuing prevalence of COVID-related securities class action lawsuit filings. Now, even though the coronavirus pandemic is about to enter its fourth year, the COVID-related lawsuits continue to be filed. In the first COVID-related lawsuit filing of 2023, a plaintiff shareholder has filed a securities class action lawsuit against the vaccine development company Invivyd, Inc. (formerly known as Adagio Therapeutics, Inc.). A copy of the January 31, 2023, complaint against the company can be found here.

Continue Reading First COVID-Related Securities Suit Filing of the Year      
Jonathan Meer

In the following guest post, Jonathan Meer answers the question of how the crypto asset meltdown has translated in to D&O claims. Jonathan is a Partner in the Wilson Elser law firm’s New York office. I would like to thank Jonathan for allowing me to publish his article as a guest post 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 Jonathan’s article.

Continue Reading Guest Post: The Midas Curse? How Cryptocurrency Has Impacted Directors and Officers

According to the latest report from Cornerstone Research, the number of securities class action lawsuit filings declined slightly in 2022 relative to 2021, although the number of “core” securities suit filings increased slightly compared to 2021. The report, which is entitled “Securities Class Action Filings: 2022 Year in Review,” and which was published in conjunction with the Stanford Law School Securities Class Action Clearinghouse, notes that the number of new lawsuits involving Section 11 allegations rose 2022, likely due to the surge in IPOs during 2021. A copy of the report can be found here. Cornerstone Research’s February 1, 2023 press release about the report can be found here.

Continue Reading Cornerstone Research: Securities Suit Filings Declined in 2022

According to the latest annual report from ISS Securities Class Action Services, there were two securities class action settlements in 2022 that were large enough to make the firm’s list of the Top 100 U.S. Securities Class Action settlements. These two settlements took place in a year in which there were a total of 141 approved monetary securities class action settlements totaling $4.77 billion. The details of the settlements included the two largest during 2022 can be found in the ISS Securities Class Action Services report entitled “The Top 100 U.S. Class Action Settlements of All-Time,” here.

Continue Reading ISS Releases 2022 Top 100 Securities Class Action Lawsuit Settlements List

Largely due to the decline in the numbers of merger objection class action lawsuit filings and a decline in the number of Rule 10b-5 filings, the number of new federal court securities class action lawsuit filings declined in 2022 for the fourth consecutive year, according to the latest annual report from NERA Economic Consulting. The report, entitled “Recent Trends in Securities Class Action Litigation: 2022 Full-Year Review” also shows that aggregate, average, and median securities class action lawsuit settlements increased in 2022 relative to 2021. NERA’s January 24, 2023, press release about the report, with a link to the full report, can be found here.

Continue Reading NERA: Securities Suit Filings Declined in 2022 for the Fourth Consecutive Year

In two dismissal motion grants last week in pending SPAC-related securities suits, the respective courts’ rulings could have potential significance for other pending or prospective SPAC-related cases. The January 10, 2023, ruling in the SPAC-related suit involving DraftKings has important implications for the many pending SPAC-related cases based on short seller reports, and the January 11, 2023, ruling in the Lucid case has potential implications for SPAC-related securities suits based on alleged pre-merger misrepresentations. The two rulings and their potential significance are discussed below.

Continue Reading SPAC-Related Securities Suit Dismissals Could Be Significant for Other Cases

In my recent wrap-up of the top D&O stories of 2022, I noted that one of last year’s key topics was the quantity of litigation involving special purpose acquisition companies (SPACs). It now appears that this trend is continuing into the new year. Late last week, a plaintiff shareholder filed a SPAC-related securities suit against battery development company Enovix, alleging that the company had misrepresented its manufacturing capabilities. A copy of the January 6, 2023, complaint against the company can be found here.

Continue Reading Battery Co. Hit with SPAC-Related Securities Suit

As 2022 came to an end, many SPAC sponsors and executives, concerned about the possible onset on January 1, 2023, of an excise tax on amounts to be returned to investors, moved to liquidate their SPACs. As discussed further below, concerns about the possible applicability of the tax have now been alleviated, but given the general marketplace conditions for SPAC merger transactions, it seems likely that there will be further SPAC liquidations ahead in the new year. The possibility of a SPAC liquidation raises a number of considerations, including also important considerations with respect to D&O insurance.
Continue Reading SPAC Liquidations and D&O Insurance