Securities Class Action Settlements Amounted to $5 Billion in 2018, Report Says
Cornerstone Research's annual report also found that average settlement values rose, with many of them landing between $10 million and $48 million last year.
March 26, 2019 at 06:25 PM
3 minute read
Corporations paid $5 billion to settle shareholder class actions last year, a sum more than triple that of 2017, and more of them are resolving for larger amounts, according to a report by Cornerstone Research.
The annual report found that there were 78 securities class action settlements in 2018, three fewer than in 2017, but five surpassed $100 million, including the $3 billion deal with Brazilian energy giant Petrobras. More significantly, the average settlement tripled to $64.9 million, when compared to 2017, exceeding the average over the past nine years and reflecting a trend toward larger settlements overall. In fact, the report found that 32 cases settled between $10 million and $49 million in 2018.
“These higher dollars aren't just driven by a small number of very large cases,” said Laura Simmons, senior adviser of Cornerstone Research, which teamed up with Stanford Law School Securities Class Action Clearinghouse on the report. “In this case, we actually had an upward shift in the size of the typical case.”
Not only was the average higher, the median settlement value more than doubled from 2017 to $11.3 million, according to the report. Also, the number of settlements valued at less than $5 million declined by nearly 40 percent from 2017.
“It was the first year since 2010 in which more than half of the settlements exceeded $10 million,” Simmons said. “We really had a shift towards larger cases.”
The report also looked at the settlement values as a percentage of alleged shareholder damages, referred to as “simplified tiered damages.” In 2018, the median settlement as a percentage of “simplified tiered damages” increased to 6 percent, compared to a 5.1 percent median for the past nine years.
That had less to do with the strength of the cases and depended more on the size of the defendants, Simmons said. The corporate defendants settling the cases were 50 percent larger than in 2017, according to the report.
“Probably plaintiffs are targeting larger firms,” Simmons said. “Plaintiffs' lawyer firms choose who they target, and it's a business for them, so they're focusing on larger cases with larger settlement amounts. They generally receive a larger payout.”
The top five plaintiffs firms leading the number of last year's settlements were The Rosen Law Firm in New York; San Diego's Robbins Geller Rudman & Dowd; New York's Bernstein Litowitz Berger & Grossmann; Glancy Prongay & Murray in Los Angeles; and Pomerantz in New York.
As part of a new collaboration with Stanford Securities Litigation Analytics, Cornerstone Research added data on what stage the case was at when it settled. From 2014 to 2018, the highest median settlement value—$36.5 million—came after a motion for summary judgment had been filed but not ruled on.
In 2018, 21 percent of the cases settled within two years, according to the report. Those cases also had the highest attorney fees as a percentage of the settlement.
The report mirrors the findings of NERA Economic Consulting's research on securities class action settlements in 2018 and comes as filings of securities class actions hit record highs.
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 All'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute read'Unlawful Release'?: Judge Grants Preliminary Injunction in NASCAR Antitrust Lawsuit
3 minute read'Almost Impossible'?: Squire Challenge to Sanctions Spotlights Difficulty of Getting Off Administration's List
4 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
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