Assessing your company's risk in securities litigation
For just about any business, the thought of costly and potentially reputation-damaging securities litigation is, at the very least, disconcerting.
October 31, 2013 at 08:00 PM
27 minute read
For just about any business, the thought of costly and potentially reputation-damaging securities litigation is, at the very least, disconcerting. Since 1997, on the average, 95 companies per year go to court to face class action securities filings and lose billions in trial costs and market capitalization in the process.
The good news for businesses is that in 2013, securities litigation filing levels declined to the lowest they've been since before the financial collapse. The rub, however, is that just having a general decrease in the amount of cases going to court doesn't necessarily mean your company is in the clear. Depending on the industry, the size of the organization, and what tactics the plaintiffs' bar decides to use in their case, the likelihood of being sued may not be any lower.
Following what was a sluggish 2012, the first half of 2013 has yet to show any material increase in the volume of securities litigation class action cases brought to federal courts. Numbers are up from where they were in the second half of 2012, but if filings for the second half are the same as the first, this will be the second slowest year for securities class actions since 1997.
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