Last summer, I noted on this blog the filing of what turned out to be a total of four separate securities class action lawsuits that were filed against Chinese internet-business firms following a crackdown on their activities by the Chinese cybersecurity regulator. I noted at the time that though these four cases involved circumstances arguably unique to China the cases nevertheless represented examples of the ways in which regulatory risk could translate into securities class action litigation risk.
Last week, two more securities suits were filed against Chinese companies – both involved in the business of providing private educational and tutoring services, a sector that during the past year has been the target of a governmental crackdown – underscoring the extent to which regulatory exposures can lead to securities litigation risk. As discussed below, these latest cases, along with the four prior cases filed last summer, also arguably demonstrate the ways in which securities litigation risk can arise out of political risk.
Continue Reading Political Risk as Securities Litigation Risk
In the latest example of a SPAC-related securities class action lawsuit against a post-SPAC-merger company in the electric vehicle industry, a plaintiff shareholder has filed a securities suit against Electric Last Mile Solutions, Inc. an EV company that merged with a SPAC in June 2021. The lawsuit comes after the company announced the departure of its CEO and its Chairman and the need for the company to restate prior financial statements. A copy of the plaintiff’s February 3, 2022 complaint can be found 
Securities class action lawsuit filings “plummeted” in 2021 compared to recent prior years, largely as a result of declines in M&A litigation and in the number of “core” Rule 10b-5 lawsuits, according to the latest annual report from Cornerstone Research. According to the report, entitled “Securities Class Action Filings: 2021 Year in Review,” the number of new federal and state securities class action lawsuit filings decline 35% compared to 2020, but nevertheless remained “in line” with the 2012-2016 average. The report can be found 
There were fewer than 300 total securities class action lawsuit filings in 2021 for the first time since 2016, according to the latest report from NERA Economic Consulting. While the report, entitled “Recent Trends in Securities Class Action Litigation: 2021 Full-Year Review,” notes that securities suit filings declined in 2021 compared to recent years, largely due to a decline in merger objection lawsuit filings, the number of 2021 securities suit filings is “well within pre-2017 historical range.” Aggregate, average, and media settlements also declined in 2021 relative to prior years, according to the report. The report can be found 
According to the latest annual report from ISS Securities Class Action Services, there were two securities class action settlements in 2021 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 116 approved monetary securities class action settlements totaling $3.51 billion. The details of the settlements included the two largest during 2021 can be found in the ISS SCAS report entitled “The Top 100 U.S. Class Action Settlements of All-Time,” 
As reflected in their January 18, 2022 stipulation of settlement, the parties to the consolidated Teva Pharmaceutical Industries securities class action litigation have reached an agreement to settle the case for a payment of $420 million. The settled claims relate to underlying allegations concerning price-fixing in connection with the company’s generic drug products. According to the statements of a company spokesperson, the “vast majority” of the settlement amount will be funded by the company’s D&O insurers. The settlement is subject to court approval. A copy of the parties’ January 18, 2022 stipulation of settlement can be found 
In the latest COVID-related securities class action lawsuit, a shareholder plaintiff has filed a securities suit against a clinical-stage pharmaceutical company whose application for emergency use authorization (EUA) for a COVID-19-related treatment therapy was rejected by the FDA. Among other things, this latest filing shows that the wave of coronavirus-related securities lawsuit filings, like the coronavirus itself, show few signs of abatement. A copy of complaint filed on January 18, 2022 against NRx Pharmaceuticals can be found 
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