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Continue Reading Guest Post: Foreign Restatements and Securities Class Action Suits
In a pattern that is becoming familiar, Lordstown Motors, an electric vehicle company that recently merged into a publicly traded SPAC and that was the subject of an even more recent short seller report, has been hit with a securities class action lawsuit. The defendants named include only executives of the vehicle company and do not include any former officers of the SPAC. A copy of the March 18, 2021 complaint can be found
In the latest sign that coronavirus-related securities lawsuits are continuing to be filed, a plaintiff shareholder has filed a securities suit against a biotechnology company and two if its executives, alleging that the company drove up its share price by promoting its HIV-focused drug candidate as a treatment for COVID-19. Although the new complaint is similar in many respects to prior COVID-19-related securities lawsuits, it has several distinct features as well. A copy of the plaintiff’s complaint can be found
The number of securities class action settlements increased only slightly in 2020 compared to 2019, but the aggregate total of all 2020 securities suit settlements doubled compared to the equivalent 2019 total, largely as a result of several “mega” settlements over $100 million, according to a March 17, 2021 report from Cornerstone Research. According to the report, which is entitled “Securities Class Action Settlements: 2020 Review and Analysis,” the average securities suit settlement in 2020 was larger than in 2019, but the median 2020 settlement decreased slightly compared to the 2019 median. Cornerstone Research’s March 17, 2021 press release can be found
It was over a year ago – March 11, 2020, to be exact – that the World Health Organization declared the COVID-19 outbreak to be a pandemic. And it was also over a year ago – March 12, 2020, in fact – that the first of the coronavirus outbreak-related securities class action lawsuits were filed. Since that time, more than two dozen other coronavirus-related securities suits have also been filed. But while the pandemic related litigation has been an interesting phenomenon, a year into the development there are some interesting questions about the litigation. Such as, for example, why hasn’t there been more securities litigation related to the pandemic? In this post, I take a look at the litigation (so far) and try to answer a few of the questions.
In the latest example of a company that recently merged into a publicly traded SPAC getting hit with a post de-SPAC transaction securities suit, electric vehicle technology company XL Fleet Corp. has sustained a securities class action lawsuit that names as defendants both directors and officers of the post-merger operating company and a former officer of the SPAC. As discussed below, the new lawsuit shares several features in common with many of the recent SPAC-related lawsuit filings. A copy of the March 8, 2021 lawsuit can be found
As the lawsuits have been coming in, we have been tracking the coronavirus outbreak-related litigation, with more than two dozen securities suits accounted for so far. But while the plaintiffs’ lawyers have proven willing to pursue pandemic-related securities suits, the track record so far for these kinds of suits has been decidedly mixed. In the latest sign of the mixed bag of results for plaintiffs’ lawyers on these kinds of suits, on February 25, 2021, the plaintiffs’ lawyers who initiated the coronavirus outbreak-related securities suit against Royal Caribbean Cruises entered a voluntary dismissal without prejudice with the court (
One of the interesting things about the 2020 securities class action lawsuit filing numbers is that even though the overall number of securities suit filings went down in 2020, the number of securities class action lawsuits filed against non-U.S. companies actually increased during the year. The 2020 securities suit filings against non-U.S. companies are reviewed in detail in a new report from the Dechert law firm entitled “2020 Developments in U.S. Securities Fraud Class Actions Against Non-U.S. Issuers.” The March 8, 2021 report can be found
Regular readers will recall that last summer and fall there was a series of lawsuits filed against the directors of several publicly traded companies that had no African Americans on their boards. For a time, it seemed as if this litigation outbreak had subsided, as no further lawsuits were filed after the end of September. However, the impression that this phenomenon had played itself out was dispelled in February, when a plaintiff shareholder filed
According to the latest annual report from ISS Securities Class Action Services, there were four securities class action settlements in 2020 that were large enough to make the firm’s list of the Top 100 U.S. Securities Class Action settlements. These four settlements took place in a year in which there were a total of 99 approved monetary securities class action settlements totaling $3.26 billion The details of the settlements included the four largest can be found in the ISS SCAS report entitled “The Top 100 U.S. Class Action Settlements of All-Time,”