NOTES

Cornerstone Research takes no position regarding the merits of individual claims.


Copyright © 2009
Cornerstone Research

Litigation Activity Indices

INDICES OF SECURITIES CLASS ACTION FILINGS

Indices of securities class action filings characterize the intensity of securities litigation activity through time. The indices incorporate market information about declines in stock prices over selected portions of class periods as proxies for the potential loss of defendants and their insurance carriers.

We group multiple litigation processes corresponding to the same underlying event (allegations of fraud resulting in stock price inflation and subsequent decline, etc) in one report card that we refer to as a "filing." We define the class period of the filing as the class period mentioned in the First Identified Complaint (according to the information in the Clearinghouse database). In most cases this class period corresponds to the first filed complaint or to the complaint that shows the most extensive class period.

Declines in market capitalization over extended periods may be driven by market, industry, and firm-specific factors. To the extent that the observed losses reflect factors unrelated to specific allegations in class action complaints, indices based on class period losses would not be representative of potential defendant exposure in class action litigation. DDL and MDL should not be considered indicators of liability or measures of potential damages. Instead, they estimate the impact of all the information revealed during or at the end of the class period, including information unrelated to the litigation.

For each filing we calculate two measures of decline in the market capitalization of traded common stock:

A) Dollar value change in the market capitalization of the defendant firm from the trading day during the class period when its market capitalization was the highest to the trading day immediately following the end of the class period.

B) Dollar value change in the market capitalization of the defendant firm between the trading day immediately preceding the end of the class period and the trading day immediately following the end of the class period.

The indices exclude IPO Allocation, Analyst, and Mutual Fund Filings. The following eight indices describe litigation activity:

Class Action Filings Index (CAF Index™) is the count of class action filings during a period.

CAF Index - Number of Class Action Filings 1997-2009
S&P 500 Securities Litigation Heat Maps™ show the percent (by number of companies and market capitalization) of the S&P 500 as of the first trading day of each year subject to securities class actions filings in federal courts during the year.
S&P 500 Securities Litigation Heat Maps Percentof Companies Subject to New Filings 2000-2009
S&P 500 Securities Litigation Heat Maps Percent of Market Capitalizations Subject to New Filings 2000-2009 YTD
Filings per Issuer Index (FPI Index™) is the ratio of companies listed on the NYSE, NASDAQ, and Amex subject to new filings as a percentage of companies listed of these exchanges at the start of the year.
FPI Index - Number of Filings Per Issues 1996-2008
©2007 Cornerstone Research
Maximum Dollar Loss Index (MDL Index™) also known as Dollar Class Period Market Cap Decline is the running sum of "maximum dollar losses" for all class action lawsuits filed year-to-date.

Maximum Dollar Loss: 6 Month Periods 1997-2009 YTD

MDL Index - Maximum Dollar Loss

©2007 Cornerstone Research

Disclosure Dollar Loss Index (DDL Index™) also known as Dollar Class End Market Cap Decline is the running sum of "disclosure dollar losses" for all class action lawsuits filed year-to-date.

Disclosure Dollar Loss: 6 Month Periods 1997-2009 YTD

DDL Index - Disclosure Dollar Loss

©2007 Cornerstone Research

Maximum Percent Loss Index (MPL Index™) also known as Relative Class Period Market Cap Decline is calculated as the running sum for all class action lawsuits filed year-to-date. This index is the sum of “maximum dollar losses” divided by the value of the Wilshire 5000 on the trading day when market capitalization reached its maximum during the class periods.

MPL Index - Maximum Percent Loss

©2007 Cornerstone Research

Disclosure Percent Loss Index (DPL Index™) also know as Relative Class End Market Cap Decline is calculated as the running sum for all class action lawsuits filed year-to-date. This index is the sum of “disclosure dollar losses” divided by the value of the Wilshire 5000 on the trading day when market capitalization reached its maximum during the class periods.

DPL Index - Disclosure Percent Loss

©2007 Cornerstone Research

PRIOR PUBLICATIONS

  • 2007 Filings: A Year In Review
    SECURITIES CLASS ACTION FILINGS IN 2007 REMAINS BELOW HISTORICAL AVERAGE. RECENT INCREASE IN LITIGATION ACTIVITY IS DUE TO THE SUBPRIME CRISIS AND STOCK MARKET VOLATILITY
    To download full report click here.
  • 2007 Mid-Year Assessment of Filings
    SECURITIES CLASS ACTION FILINGS IN FIRST HALF OF 2007 REMAIN WELL BELOW HISTORICAL AVERAGE. FOURTH CONSECUTIVE BELOW-AVERAGE PERIOD MAY REPRESENT A "PERMANENT SHIFT"
    To download full report click here.
  • Post-Reform Act Securities Settlements Through Dec 2006
    SECURITIES FRAUD CLASS ACTIONS TUMBLED TO AN ALL-TIME LOW IN 2006. STRONG FEDERAL ENFORCEMENT ACTIVITY AND STABLE STOCK MARKET CONTRIBUTE TO DECLINE
    To download full report click here.
  • 2006 Filings: A Year In Review
    SECURITIES FRAUD CLASS ACTIONS TUMBLED TO AN ALL-TIME LOW IN 2006. STRONG FEDERAL ENFORCEMENT ACTIVITY AND STABLE STOCK MARKET CONTRIBUTE TO DECLINE
    To download full report click here.
  • 2006 Mid Year Report
    SECURITIES FRAUD LAWSUITS CONTINUE TO DECLINE IN FIRST HALF OF 2006. OPTIONS BACKDATING SCANDAL NOT DRAWING MUCH FEDERAL CLASS ACTION LITIGATION
    To download full report click here.
  • 2005 Filings: A Year In Review
    SECURITIES FRAUD LAWSUITS AND INVESTOR LOSSES DROP SIGNIFICANTLY IN 2005. STABLE STOCK PRICES AND IMPROVED GOVERNANCE ARE POSSIBLE CAUSES OF THE DECLINE
    To download full report click here.
  • Post-Reform Act Securities Settlements Through Dec 2005
    SECURITIES CLASS ACTION SETTLEMENTS REACH RECORD LEVEL IN 2005 MEDIAN SETTLEMENT SIZE NEARLY 20% ABOVE 2004 LEVELS
    To download full report click here.