August 8, 2008
Class Actions on the Rise:Which ones top the list?
Analysis of:
ARS collapse giving rise to class-action lawsuits | www.financialweek.com
This analysis is solely the work of the author. It has not been edited or endorsed by GLG.
Implications: As the economy struggles, class actions rise!ARS class actions have felt a surge with the sub-prime problems!
Analysis: ARS & sub-prime class actions are leading the in the increasing number of class action suits. While the exact types of class actions & specific number involved seems to vary, depending on various methodologies, the overall rise is clearly significant. Some numbers have been as high as 25% since 2007. The struggling economy has certainly been at least one explanation for the surge in class actions, including security class actions.http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20080729/REG/78748107/0/TOC
Banks are not only being sued by ARS holders, but by its shareholders. The sub-prime issues have played a role in these numbers but auction rate securities remain a large piece to this puzzle. http://news.medill.northwestern.edu/chicago/news.aspx?id=85603 Importantly the dollar involved in average settlements, even with the rise in the number of suits, has dropped significantly. Some analysts have speculated the as much as 50% average settlement reduction is due to somewhat less than meritorious filings, but many actual litigators know its the increasing cost of litigation & the need for cash. Until the requirements for a class action filing are refined, expect a continued increase. Thank some of this to 911, Enron, Worldcom, Tyco, Sarbanes Oxley & Corporate Governance. Consequently, even if the economy bounces back the number of class actions is likely to continue to increase.
Analysis: ARS & sub-prime class actions are leading the in the increasing number of class action suits. While the exact types of class actions & specific number involved seems to vary, depending on various methodologies, the overall rise is clearly significant. Some numbers have been as high as 25% since 2007. The struggling economy has certainly been at least one explanation for the surge in class actions, including security class actions.http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20080729/REG/78748107/0/TOC
Banks are not only being sued by ARS holders, but by its shareholders. The sub-prime issues have played a role in these numbers but auction rate securities remain a large piece to this puzzle. http://news.medill.northwestern.edu/chicago/news.aspx?id=85603 Importantly the dollar involved in average settlements, even with the rise in the number of suits, has dropped significantly. Some analysts have speculated the as much as 50% average settlement reduction is due to somewhat less than meritorious filings, but many actual litigators know its the increasing cost of litigation & the need for cash. Until the requirements for a class action filing are refined, expect a continued increase. Thank some of this to 911, Enron, Worldcom, Tyco, Sarbanes Oxley & Corporate Governance. Consequently, even if the economy bounces back the number of class actions is likely to continue to increase.
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