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Securities Class Action Lawsuit

Press releases announce that firms are 'investigating' a company whose shares you hold, and later a notice arrives in the mail. For most investors the question is not whether to sue, but whether to do anything at all.

Reviewed

01 GUIDE

Securities Class Action Lawsuit: what usually happens

Reading the ads and the notices

Announcements about an investigation usually come just before or after a case is filed, and they are aimed at finding investors who might serve as lead plaintiff. They are not a sign that you must act. Once a securities class action lawsuit is filed, investors who bought during the class period are generally included automatically if a class is certified or a class settlement is approved. A formal notice tends to come later, often when there is a settlement, and it explains how to submit a claim, object, or exclude yourself. Read the dates in each notice carefully, because the deadlines they set are enforced.

Three choices and what each asks of you

Staying in the class requires little until a recovery is available, at which point you submit a claim with proof of your transactions. Seeking appointment as lead plaintiff means taking an active role, supervising class counsel and possibly giving testimony, and it is typically pursued by institutions or individuals with large losses. Excluding yourself, or opting out, preserves the right to bring your own case, which some large investors do, but it involves cost and timing traps, because a pending class action does not pause every deadline that applies to an individual claim. Which path makes sense depends on the size of your position and how involved you want to be.

Records that support any choice

Whatever you decide, keep your brokerage statements and trade confirmations for the relevant period, including sales, since both purchases and sales affect how a loss is calculated. Note any shares held in retirement plans or through advisers, where the plan administrator or adviser sometimes files the claim. If you relied on a particular statement from the company, keep a copy of it. When we review a notice with you, we look at your trading history, the deadlines, and whether your position is large enough that an individual approach is worth discussing at all. For many investors the practical answer is simply to make sure the claim gets filed on time.

02 ATTORNEYS

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Attorney Advertising. This page is general information about securities class action lawsuit and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.