Alexander Gromnitsky's Blog

Dystopian Future Securities Fraud

Latest update:

Matt Levine, January 5:

"Sexual harassment is securities fraud" is an idea that will buy a big yacht for the lawyer who came up with it. It's so much better--for the lawyer--than suing directly for sexual harassment. If you sue for sexual harassment you have to recruit individual plaintiffs who were harassed, and you have to prove their cases, and they're all probably different so it's harder to make it a lucrative class action, and they are actual individual humans who have been harmed and you have to be sensitive to their trauma.

If you sue for sexual-harassment-as-securities-fraud, the plaintiffs are easy to find (big shareholders), you don't really have to prove harassment (just refer to news accounts), your clients are only in it for the money, everything is clean and simple and easy. Also the dollar amounts are larger: In some subjective moral sense, sure, employees are more harmed by a toxic work environment than shareholders are, but if the toxic work environment is at a large public company, and the stock drops, then it's really easy to argue that the shareholders lost a huge amount of money and should get it back.

[...]

It's a very generic enforcer of good behavior: If you do anything shady, people who specialize in extracting money from public companies will extract some money from you. And a lot of technical defenses that you could use if you were sued by your employees or customers or regulators--technical defenses like "the shady thing we did wasn't actually illegal"!--will not work here, because the lawyers' basic argument will be "you did this thing and the stock went down."


Tags: quote
Authors: ag