Saturday, November 10, 2007
There are Plaintiffs and... There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, by JAMES D. COX, Duke University School of Law; RANDALL S. THOMAS, Vanderbilt University - School of Law; Vanderbilt University - Owen Graduate School of Management; and LYNN BAI, University of Cincinnati - College of Law, was recently posted on SSRN. Here is the abstract:
In this paper, we examine the impact of the PSLRA and more particularly the impact the type of lead plaintiff on the size of settlements in securities fraud class actions. We thus provide insight into whether the type of plaintiff that heads the class action impacts the overall outcome of the case. Furthermore, we explore possible indicia that may explain why some suits settle for extremely small sums – small relative to the “provable losses” suffered by the class, small relative to the asset size of the defendant-company, and small relative to other settlements in our sample. This evidence bears heavily on the debate over “strike suits.” Part I of this paper sets forth the contemporary debate surrounding the need for further reforms of securities class actions. In this section, we set forth the insights advanced in three prominent reports focused on the competitiveness of U.S. capital markets. In Part II we first provide descriptive statistics of our extensive data set, and then use multivariate regression analysis to explore the underlying relationships. In Part III, we closely examine small settlements for clues to whether they reflect evidence of strike suits. We conclude in Part IV with a set of policy recommendations based on our analysis of the data.