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Corporate litigation and debt

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  • Arena, Matteo P.

Abstract

This study examines the effect of litigation risk and litigation costs on firms’ credit ratings and debt financing. The results show that litigation affects a firm's creditworthiness and debt costs in two stages. Before a lawsuit filing, firms at higher risk of litigation have lower credit ratings, are more likely to be rated speculative grade, pay higher yields on loans and bonds, and are less likely to rely on debt financing. At the time of the lawsuit resolution, settlement costs have an additional effect on firm credit quality. Companies facing larger settlement disbursements in relation to their available cash experience a decline in credit ratings and an increase in yield spread. The results are robust to endogeneity concerns and different proxies of litigation risk.

Suggested Citation

  • Arena, Matteo P., 2018. "Corporate litigation and debt," Journal of Banking & Finance, Elsevier, vol. 87(C), pages 202-215.
  • Handle: RePEc:eee:jbfina:v:87:y:2018:i:c:p:202-215
    DOI: 10.1016/j.jbankfin.2017.10.005
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    1. Denis, David J. & Mihov, Vassil T., 2003. "The choice among bank debt, non-bank private debt, and public debt: evidence from new corporate borrowings," Journal of Financial Economics, Elsevier, vol. 70(1), pages 3-28, October.
    2. Omesh Kini & Jaideep Shenoy & Venkat Subramaniam, 2017. "Impact of Financial Leverage on the Incidence and Severity of Product Failures: Evidence from Product Recalls," The Review of Financial Studies, Society for Financial Studies, vol. 30(5), pages 1790-1829.
    3. Henderson, Brian J. & Jegadeesh, Narasimhan & Weisbach, Michael S., 2006. "World markets for raising new capital," Journal of Financial Economics, Elsevier, vol. 82(1), pages 63-101, October.
    4. Arena, Matteo & Julio, Brandon, 2015. "The Effects of Securities Class Action Litigation on Corporate Liquidity and Investment Policy," Journal of Financial and Quantitative Analysis, Cambridge University Press, vol. 50(1-2), pages 251-275, April.
    5. Arena, Matteo P. & Dewally, Michaël, 2012. "Firm location and corporate debt," Journal of Banking & Finance, Elsevier, vol. 36(4), pages 1079-1092.
    6. Taillard, Jérôme P., 2013. "The disciplinary effects of non-debt liabilities: Evidence from asbestos litigation," Journal of Corporate Finance, Elsevier, vol. 23(C), pages 267-293.
    7. Gande, Amar & Lewis, Craig M., 2009. "Shareholder-Initiated Class Action Lawsuits: Shareholder Wealth Effects and Industry Spillovers," Journal of Financial and Quantitative Analysis, Cambridge University Press, vol. 44(4), pages 823-850, August.
    8. Karpoff, Jonathan M & Lott, John R, Jr, 1993. "The Reputational Penalty Firms Bear from Committing Criminal Fraud," Journal of Law and Economics, University of Chicago Press, vol. 36(2), pages 757-802, October.
    9. Kisgen, Darren J., 2009. "Do Firms Target Credit Ratings or Leverage Levels?," Journal of Financial and Quantitative Analysis, Cambridge University Press, vol. 44(6), pages 1323-1344, December.
    10. Engelmann, Kathleen & Cornell, Bradford, 1988. "Measuring the Cost of Corporate Litigation: Five Case Studies," The Journal of Legal Studies, University of Chicago Press, vol. 17(2), pages 377-399, June.
    11. Karpoff, Jonathan M. & Lee, D. Scott & Martin, Gerald S., 2008. "The Cost to Firms of Cooking the Books," Journal of Financial and Quantitative Analysis, Cambridge University Press, vol. 43(3), pages 581-611, September.
    12. Matteo Arena, 2011. "The corporate choice between public debt, bank loans, traditional private debt placements, and 144A debt issues," Review of Quantitative Finance and Accounting, Springer, vol. 36(3), pages 391-416, April.
    13. Kaplan, Robert S & Urwitz, Gabriel, 1979. "Statistical Models of Bond Ratings: A Methodological Inquiry," The Journal of Business, University of Chicago Press, vol. 52(2), pages 231-261, April.
    14. Bradley, Michael & Chen, Dong, 2011. "Corporate governance and the cost of debt: Evidence from director limited liability and indemnification provisions," Journal of Corporate Finance, Elsevier, vol. 17(1), pages 83-107, February.
    15. Qingbo Yuan & Yunyan Zhang, 2015. "Do Banks Price Litigation Risk in Debt Contracting? Evidence from Class Action Lawsuits," Journal of Business Finance & Accounting, Wiley Blackwell, vol. 42(9-10), pages 1310-1340, November.
    16. Ashbaugh-Skaife, Hollis & Collins, Daniel W. & LaFond, Ryan, 2006. "The effects of corporate governance on firms' credit ratings," Journal of Accounting and Economics, Elsevier, vol. 42(1-2), pages 203-243, October.
    17. Todd A. Gormley & David A. Matsa, 2011. "Growing Out of Trouble? Corporate Responses to Liability Risk," The Review of Financial Studies, Society for Financial Studies, vol. 24(8), pages 2781-2821.
    18. Autore, Don M. & Hutton, Irena & Peterson, David R. & Smith, Aimee Hoffmann, 2014. "The effect of securities litigation on external financing," Journal of Corporate Finance, Elsevier, vol. 27(C), pages 231-250.
    19. Field, Laura & Lowry, Michelle & Shu, Susan, 2005. "Does disclosure deter or trigger litigation?," Journal of Accounting and Economics, Elsevier, vol. 39(3), pages 487-507, September.
    20. Darren J. Kisgen, 2006. "Credit Ratings and Capital Structure," Journal of Finance, American Finance Association, vol. 61(3), pages 1035-1072, June.
    21. Kim, Irene & Skinner, Douglas J., 2012. "Measuring securities litigation risk," Journal of Accounting and Economics, Elsevier, vol. 53(1), pages 290-310.
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    More about this item

    Keywords

    Corporate debt; Credit ratings; Cost of debt; Litigation; Lawsuits;
    All these keywords.

    JEL classification:

    • G32 - Financial Economics - - Corporate Finance and Governance - - - Financing Policy; Financial Risk and Risk Management; Capital and Ownership Structure; Value of Firms; Goodwill
    • G24 - Financial Economics - - Financial Institutions and Services - - - Investment Banking; Venture Capital; Brokerage
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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