Predicting Securities Fraud Settlements and Amounts: A Hierarchical Bayesian Model of Federal Securities Class Action Lawsuits

Journal of Empirical Legal Studies, Vol. 9, Pg. 482, Sept. 2012

U of Penn, Inst for Law & Econ Research Paper No. 12-20

30 Pages Posted: 30 Apr 2012 Last revised: 26 Jul 2012

See all articles by Blakeley B. McShane

Blakeley B. McShane

Northwestern University - Kellogg School of Management

Oliver P. Watson

Tudor Investment Corporation

Tom Baker

University of Pennsylvania Carey Law School

Sean J. Griffith

Fordham University School of Law; European Corporate Governance Institute (ECGI)

Date Written: 2012

Abstract

This paper develops models that predict the incidence and amount of settlements for federal class action securities fraud litigation in the post-PLSRA period. We build hierarchical Bayesian models using data which comes principally from Risk metrics and identify several important predictors of settlement incidence (e.g., the number of different types of securities associated with a case, the company return during the class period) and settlement amount (e.g., market capitalization, measures of newsworthiness). Our models allow us to estimate how the circuit court a case is filed in as well as the industry of the plaintiff firm associate with settlement outcomes. They also allow us to accurately assess the variance of individual case outcomes revealing substantial amounts of heterogeneity in variance across cases.

Keywords: class, action, securities, fraud, lawsuit, litigation, bayesian, hierarchical

JEL Classification: C11, K22, K41

Suggested Citation

McShane, Blakeley B. and Watson, Oliver P. and Baker, Tom and Griffith, Sean J., Predicting Securities Fraud Settlements and Amounts: A Hierarchical Bayesian Model of Federal Securities Class Action Lawsuits (2012). Journal of Empirical Legal Studies, Vol. 9, Pg. 482, Sept. 2012, U of Penn, Inst for Law & Econ Research Paper No. 12-20, Available at SSRN: https://ssrn.com/abstract=2048437

Blakeley B. McShane (Contact Author)

Northwestern University - Kellogg School of Management ( email )

2001 Sheridan Road
Evanston, IL 60208
United States

Oliver P. Watson

Tudor Investment Corporation ( email )

600 Steamboat Road
1st Floor
Greenwich, CT 06830
United States

Tom Baker

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-746-2185 (Phone)

HOME PAGE: http://www.law.upenn.edu/cf/faculty/thbaker/

Sean J. Griffith

Fordham University School of Law ( email )

150 West 62nd Street
New York, NY 10023
United States

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

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