The well-worn stock price event study methodology could regain importance in securities class action litigation

U.S. News and Word Reports

As reported by numerous news outlets, there may be some significant changes in the way securities fraud class actions are handled and how economic studies of stock prices, or event studies, are used in these types of cases.

Stock prices event studies are used in these cases to statistically measure the $ effect of an event, such as change in management or other major event that affects the company, on the firm’s stock price.

In my research, for example I have used event studies to look at the effect that a merger has on the target and acquiring banks stock price.  In securities class actions, event studies are used to determine the impact of the alleged fraud committed by the defendant firm.   The basic premise is that the fraud can be measured by the change in the firm’s stock price.

According to the WSJ,

The Supreme Court removed that requirement in 1988 when it adopted the “fraud-on-the-market” theory of reliance in Basic v. Levinson . According to the new theory, the price of shares traded on efficient secondary markets reflects all publicly available information, including any misrepresentations. Because the market sends information to the investor through a market price, the courts assumed that an investor relied on the integrity of the market price—and therefore on misinformation. Specific proof of actual reliance was no longer necessary.

 

The theory became the bedrock of securities class actions brought against companies that allegedly made a false statement to public markets. All investors who traded in the public market at issue could join a class action without proof that each investor actually heard or read the misstatement.

 

One set of law professors, has proposed having the requirement of an event study that shows some impact on price be performed before a class can be certified.

 

 

 

 

 

 

NY Fed small business credit survey shows that small businesses are upbeat about 2014 but are concerned about lumpy cash flow streams

The New York Fed surveys over 1,500 small firms twice a year about their financing and credit needs. Responses to the Small Business Credit.  (It would be nice for the other Fed banks to do a similar study, hint, hint)

In the Q4 2013 survey, a weighted to be a statistically representative sample of firms in New York, New Jersey, Connecticut, and Pennsylvania reported on their business performance and credit
experiences in the first half of 2013 and their outlook for the first half of 2014.

Here are the highlights.

  • Firm outlook is positive for Q1 and Q2 2014: more than 50% expect rev. to increase and 30% expect to add employees
  • Firms report small credit needs and high search costs: most sought loans <$100k; more than 26 hours spent on the search
  • Managing uneven cash flow dominates firm concerns
  • More experience and success correlated with more favorable credit experience

 

Week in Energy

  1. SolarWorld looks to close alleged loopholes in tariffs against Chinese solar manufacturers
  2. Zuckerman’s Frackers presents a balanced, informative and detailed insights into the industry.
  3. Sweetwater, Texas gets ready for drillers
  4. City of Fort Worth sues driller over natural gas royalties

SolarWorld looks to close alleged loopholes in tariffs against Chinese solar manufacturers

The New York Times reports that SolarWorld, a major maker of solar panels, is asking the Commerce Department to impose new duties on imported modules made of certain components from China or Taiwan.

SolarWorld v. China Solar Panel Imports

Learn more about the complaint and the US agency responsible for pursuing it (USIT.gov): (Google Search)

Zuckerman’s Frackers presents a balanced, informative and detailed insights into the industry.

Frackers is a lively but informative book about the recent development of the hydro fracturing industry.   The stories focus mainly on developments from 1990 to 2013.  Zuckerman provides the necessary detail to get the reader to be able to understand the technology without boring them to death. The fast moving biographical sketches of some of the key figures, such as George Mitchell, makes the tale interesting on a personal level.  Zuckerman does all this without editorializing (until the end of the book which is an optional read).  Great book for anyone interested in learning about the fracking industry.

Sweetwater, Texas gets ready for drillers

Austin American Statesman: http://www.mystatesman.com/news/news/opinion/as-shale-oil-drilling-draws-closer-sweetwater-lead/ncPNX

Sweetwater Economic Development:  http://www.sweetwatertexas.net/cline-shale-oil-play

City of Fort Worth sues driller over natural gas royalties

City of Fort Worth hires the well know Fort Worth law firm of Cantey Hanger to pursue royalty lawsuit.

Read: Complaint and Story

Tortious interference and the value of social media ‘likes’

like_us_on_facebookPlaintiff credited with getting The Game back on cable television and helping the program, alleges tortious interference, breach of contract, and copyright infringement by BET.

The damages detailed in the complaint include:

* An economic loss associated with the 5 million likes that the plaintiff had accumulated on he Facebook page dedicated to the show The Game.  Based on a study by Vitrue, the complaint puts the value of the likes at about $1.2 million.  The plaintiff alleges that BET interfered with the operation of her fan Facebook page.

*$2,000 to $3,000 per week income from third party from website traffic generated from her Facebook page dedicated to the show

*$300 to $500 per post (10-20 post per week) income from third party from post about the show and her Facebook page dedicated to the show.

*Google AdSense revenue

*Amazon revenue

The complaint detailing the allegations filed in U.S. District court in the Southern District of Florida, Case No: 0:13-cv-61582 can be accessed here: mattocks v BET

Learn more by clicking on the ABA Journal’s tweet below:

https://twitter.com/ABAJournal/status/401413076685037568

Wanna know how many and what types of business there are in a particular county? See the U.S. County Business Patterns data at the U.S. Census

From: The U.S. Census: County Business Patterns (CBP) is an annual series that provides subnational economic data by industry. This series includes the number of establishments, employment during the week of March 12, first quarter payroll, and annual payroll. This data is useful for studying the economic activity of small areas; analyzing economic changes over time; and as a benchmark for other statistical series, surveys, and databases between economic censuses. Businesses use the data for analyzing market potential, measuring the effectiveness of sales and advertising programs, setting sales quotas, and developing budgets. Government agencies use the data for administration and planning.

ZIP Code Business Patterns data is available shortly after the release of County Business Patterns. It provides the number of establishments by employment-size classes by detailed industry in the U.S.

Source: http://www.census.gov/econ/cbp/index.html

More and more things are being made here;U.S. Census data shows manufacturing in the U.S. (and Texas) continues to rebound

No matter what data you look at, manufacturing in the U.S. continues to increase.   Sales for all U.S. manufacturers exceeded $1.69 trillion in the 1st quarter of 2012.  In comparison, 1st quarter sales of manufacturing goods had falling to about $1.2  trillion at the deepest point of the ‘great recession’ in 2009.

Manufacturing levels have reached, and slightly exceeded  pre-recession economic output in nominal or non-inflation adjusted terms.  Before the recession, manufacturing 1st quarter sales were at $1.6 trillion in nominal or non-inflation adjusted terms.

manufacturing

 

So where is a good source for manufacturing output information?

http://www.census.gov/econ/manufacturing.html

The U.S. Census industry portal is also a good source

http://www.census.gov/econ/isp/

 

The basics of Phantom Stock issues

incentive-phantom-stock-michae_10762769What is it?: Phantom stock is a form of compensation where a company promises to pay cash at some future date, in an amount equal to the market value of a number of shares of its stock.  The recipent does not receive actual stock.

How does it work?  The payout on Phantom Stock will increase if the stock price rises, and decrease if the stock falls, but without the recipient actually receiving any stock. Like other forms of stock-based compensation plans, phantom stock broadly serves to encourage employee retention, and to align the interests of recipients and shareholders.

Phantom stock is essentially a cash bonus plan, although some plans pay out the benefits in the form of shares. Phantom stock is favored by closely held or family-owned companies who want to provide incentives to management and other employees without granting them equity.

How is it taxed?  When the payout is made, it is taxed as ordinary income to the employee and is deductible to the employer. Generally, phantom plans require the employee to become vested, either through seniority or meeting a performance target.

Sources: 
The National Center of Employee Ownership, http://www.nceo.org/articles/phantom-stock-appreciation-rights-sars)
http://en.wikipedia.org/wiki/Phantom_stock
Pictures and images: http://slgsecurities.files.wordpress.com/2012/09/incentive-phantom-stock-michae_10762769.jpg

 

Expectation damages in business cases from an economic view point

Expectation damages are damages intended to cover what the injured party expected to receive from the a contract and usually have straightforward calculations based on the contract itself or market value.

‘Reference Guide on Estimation of Economic Losses in Damages Awards’, by Robert Hall and Victoria Lazear is a frequently cited source for more discussion on business damages.  The Reference Guide is part of the courts larger manual: : Reference Manual on Scientific Evidence.

Economist Robert Hall