Average Shareholder Settlement Value Dropped 75 Percent Last Year, Report Says
Laura Simmons, senior adviser at Cornerstone and co-author of the report, said the cases last year were just smaller.
March 14, 2018 at 07:44 PM
4 minute read
Photo: Shutterstock.com
The average shareholder class action settlement was $18.2 million last year, down 75 percent from 2016 and well below the $57.7 million average over the past two decades, according to an annual report by Cornerstone Research.
The report, released Wednesday, said that the total of all settlements was $1.5 billion, less than a quarter of total settlement values in 2016 and the second-lowest level in the past decade.
Laura Simmons, senior adviser at Cornerstone and co-author of the report, said the cases last year were just smaller.
“It is one of the largest declines we've seen over the years,” she said. “These were just smaller cases for the most part. What is interesting is how small those cases really are.”
➤➤ Get class action news and commentary straight to your in-box with Critical Mass by Amanda Bronstad. Learn more and sign up here.
The report was in line with a report earlier this year of NERA Economic Consulting that found average settlement value in 2017 was $25 million, a drop of more than 40 percent from 2016 and the lowest since 2001.
The lower valuations come as the number of settlements dropped only slightly to 81, compared to 2016, according to Cornerstone's report. In fact, a Cornerstone report earlier this year found that shareholder class action filings hit record highs in 2017.
But more than half the settlements last year were $5 million or less—a number and proportion not seen in the past decade.
“There's really a substantial drop in the size of the cases,” Simmons said. “And that's driven by smaller losses in those cases. The other thing that contributed to the smaller size of case is that the defendant firms were also smaller.”
Also, for the first time in five years, there was no settlement worth more than $250 million. The highest of the four mega-settlements—those worth $100 million or more—was a $210 million deal with Salix Pharmaceuticals Ltd. that Bernstein Litowitz Berger & Grossmann handled.
But mega-settlements only made up $630 million, or 43 percent, of the total settlement value last year, the report said. In 2016, by comparison, they made up $5 billion.
Simmons said she did not expect the trend to continue, noting the $2.95 billion partial settlement with Petrobras this year.
“We already know about the Petrobras settlement and a couple of others that will drive up the total settlement dollars and are likely to increase the average, as well,” she said.
A few other trends in the Cornerstone report were:
- Institutional investors appeared less frequently as lead plaintiffs, even in larger cases. “The factors that would play into that of course are whether they are getting a benefit,” Simmons said. “There's time and effort involved for the institutions to serve as lead plaintiffs, so it comes down to a cost-benefit analysis for them.”
- An increasing number of derivative actions accompanied securities class actions. “It's surprising to see an increase in derivative actions accompanying what was by and large a set of smaller cases,” Simmons said. But it might be a business decision: “We know they're often brought by plaintiffs who vie for the position of lead plaintiff in the securities class, and then are not appointed, and still want to be part of the case, so they file an accompanying derivative action,” Simmons said. “It comes down to the way they manage their business or decide they want to be involved in more cases.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPaul Weiss’ Shanmugam Joins 11th Circuit Fight Over False Claims Act’s Constitutionality
‘A Force of Nature’: Littler Mendelson Shareholder Michael Lotito Dies At 76
3 minute readUS Reviewer of Foreign Transactions Sees More Political, Policy Influence, Say Observers
'Unlawful Release'?: Judge Grants Preliminary Injunction in NASCAR Antitrust Lawsuit
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250