Securities class action trends are dynamic, and the latest report from NERA Economic Consulting, “Recent Trends in Securities Class Action Litigation: 2024 Full-Year Review,” provides a comprehensive look at the evolving landscape of securities litigation.
With more than three decades of data and analysis behind them, the experts at NERA offer fresh insights into the state of securities class actions in 2024, including changes in filing, dismissal, and settlement trends.
Securities Class Action Trends Show A Stable Filing Environment
In 2024, the number of new federal securities class action suits filed remained consistent with the previous year, with 229 cases, mirroring the 229 filings recorded in 2023. This signals that, despite fluctuating market conditions, the filing rate for securities class actions has held steady in recent years.
One notable trend from the report is the concentration of filings within two key sectors: technology and healthcare.
These industries combined accounted for more than half of all securities class actions filed in 2024. This reflects the continued prominence of these sectors in the broader market. Additionally, the report highlights a significant geographical concentration, with 61% of cases filed within the Second and Ninth Circuits, which encompass key financial markets such as New York and California.
New Allegations Shaping Securities Class Action Trends in 2024
The nature of the claims brought forward in 2024’s securities class actions reveals some noteworthy shifts. Of the 229 cases filed, 41% involved allegations related to missed earnings guidance, while only 8% centered around merger-integration issues. This continues the trend of earnings guidance-related cases dominating the landscape.
Perhaps the most striking developments in 2024 were the significant increases in AI- and COVID-related claims. AI-related securities cases more than doubled, with 13 new lawsuits filed in 2024 compared to just a few in the previous year.
Similarly, COVID-related claims saw a 46% jump from 2023, with 19 cases filed. These numbers indicate that evolving market trends, particularly the explosive growth of AI and the lingering effects of the COVID-19 pandemic, are making their mark on the securities class action space.
On the other hand, the once-bustling arenas of cryptocurrency and SPAC (Special Purpose Acquisition Company) litigation have continued their decline. Only eight crypto-related cases and nine SPAC-related suits were filed in 2024, underscoring the fading intensity of legal action in these areas after their peak years.
A Resurgence in Case Resolutions
After a six-year decline, resolutions of securities class actions saw a 17% increase in 2024, with a total of 217 cases resolved. The breakdown of resolutions included 124 dismissals and 93 settlements. Notably, the rise in dismissals was the primary driver behind this increase, particularly cases involving Rule 10b-5, Section 11, and Section 12 claims.
This shift towards dismissals could signal a more challenging litigation environment for plaintiffs, as courts become more selective in the cases they allow to move forward. However, settlements continue to play a significant role in resolving these cases, with aggregate settlements totaling $3.8 billion in 2024. The largest 10 settlements accounted for about 60% of this total, further emphasizing the concentration of financial resolution in a small number of high-profile cases.
Investor Losses and Legal Fees
2024 also saw a sharp rise in investor losses, with the median investor loss reaching $1.76 billion—the highest recorded in the last decade. This reflects the ongoing volatility in the markets and the high stakes involved in these lawsuits.
In parallel, plaintiffs’ attorneys’ fees and expenses also saw a notable increase, totaling $1.06 billion in 2024, nearly $90 million more than in 2023. The growth in legal fees is a direct result of the complexity and scale of the cases being litigated, particularly those involving large-scale corporate disputes and high investor losses.
The Future of Securities Class Action Trends – Looking Ahead
NERA’s 2024 Full-Year Review provides a snapshot of the current state of securities class action litigation, offering valuable insights into the evolving trends in the industry.
As technology, healthcare, and other emerging sectors continue to dominate the market, we can expect the nature of securities litigation to evolve alongside these changes. The rise of AI-related and COVID-related claims will likely be a continuing theme, while sectors like cryptocurrency and SPACs might see less activity going forward.
For professionals in the field of securities litigation, these findings highlight the importance of staying ahead of the curve in terms of strategy and understanding the dynamics that drive filings and resolutions.
This KLF blog post is designed to present the key points from the NERA report in a way that’s digestible and engaging for readers.
Please click here to see the full NERA report.
Questions About Securities Class Actions?
Investors and shareholders who have questions about class action lawsuits are encouraged to send us a message or contact John Kehoe, Esq., (215) 792-6676, Ext. 801, [email protected], [email protected].
About Kehoe Law Firm, P.C.
Kehoe Law Firm, P.C. is a multidisciplinary, plaintiff–side class action law firm dedicated to protecting investors from securities fraud, breaches of fiduciary duties, and corporate misconduct. Combined, the partners at Kehoe Law Firm, P.C. have served as Lead Counsel or Co-Lead Counsel in cases that have recovered more than $10 billion on behalf of institutional and individual investors.
Kehoe Law Firm’s legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses.
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