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The Shareholder Wealth Effects of Delaware Litigation

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  • Adam B. Badawi
  • Daniel L. Chen

Abstract

We collect data on the record of every action in hundreds of derivative cases and merger class actions involving public companies filed in the Delaware Court of Chancery from 2004 to 2011. We use these data to analyze how markets respond to litigation in the most important court for corporate disputes in the United States. The detail in the dataset allows us to explore how case characteristics such as the timing of the filing, the presence of certain procedural motions, litigation intensity, and the judge assigned to the case relate to firm value. Unlike previous studies, we document that negative abnormal returns are associated with the filing of derivative cases, and we show that this association is particularly strong for cases that are first filed in Delaware and are not related to a previously disclosed government investigation. We also develop some evidence that market participants can anticipate litigation intensity and respond by valuing the firm equity less and that markets associate cases with pension fund plaintiffs with better outcomes than cases without this institutional involvement. Finally, we find little evidence of abnormal returns associated with judicial assignment at the time of filing for derivative cases, but we do observe an association between judicial assignment and case filing for merger cases.

Suggested Citation

  • Adam B. Badawi & Daniel L. Chen, 2017. "The Shareholder Wealth Effects of Delaware Litigation," American Law and Economics Review, American Law and Economics Association, vol. 19(2), pages 287-326.
    • Handle: RePEc:oup:amlawe:v:19:y:2017:i:2:p:287-326.
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    File URL: http://hdl.handle.net/10.1093/aler/ahx015
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    1. Bruce Haslem, 2005. "Managerial Opportunism during Corporate Litigation," Journal of Finance, American Finance Association, vol. 60(4), pages 2013-2041, August.
    2. Mark Mitchell & Todd Pulvino, 2001. "Characteristics of Risk and Return in Risk Arbitrage," Journal of Finance, American Finance Association, vol. 56(6), pages 2135-2175, December.
    3. Marcel Kahan, 2006. "The Demand for Corporate Law: Statutory Flexibility, Judicial Quality, or Takeover Protection?," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 22(2), pages 340-365, October.
    4. Jindra, Jan & Walkling, Ralph A., 2004. "Speculation spreads and the market pricing of proposed acquisitions," Journal of Corporate Finance, Elsevier, vol. 10(4), pages 495-526, September.
    5. A. Belloni & D. Chen & V. Chernozhukov & C. Hansen, 2012. "Sparse Models and Methods for Optimal Instruments With an Application to Eminent Domain," Econometrica, Econometric Society, vol. 80(6), pages 2369-2429, November.
    6. Daines, Robert, 2001. "Does Delaware law improve firm value?," Journal of Financial Economics, Elsevier, vol. 62(3), pages 525-558, December.
    7. Sanjai Bhagat & John Bizjak & Jeffrey L. Coles, 1998. "The Shareholder Wealth Implications of Corporate Lawsuits," Financial Management, Financial Management Association, vol. 27(4), Winter.
    8. Daniel L. Chen, 2015. "Can markets stimulate rights? On the alienability of legal claims," RAND Journal of Economics, RAND Corporation, vol. 46(1), pages 23-65, March.
    9. Sanjai Bhagat & Roberta Romano, 2001. "Event Studies and the Law: Part II - Empirical Studies of Corporate Law," Yale School of Management Working Papers amz2453, Yale School of Management, revised 01 Sep 2002.
    10. Baker, Malcolm & Savasoglu, Serkan, 2002. "Limited arbitrage in mergers and acquisitions," Journal of Financial Economics, Elsevier, vol. 64(1), pages 91-115, April.
    11. Romano, Roberta, 1991. "The Shareholder Suit: Litigation without Foundation?," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 7(1), pages 55-87, Spring.
    12. Shahrur, Husayn, 2005. "Industry structure and horizontal takeovers: Analysis of wealth effects on rivals, suppliers, and corporate customers," Journal of Financial Economics, Elsevier, vol. 76(1), pages 61-98, April.
    13. Dutordoir, Marie & Van de Gucht, Linda, 2007. "Are there windows of opportunity for convertible debt issuance? Evidence for Western Europe," Journal of Banking & Finance, Elsevier, vol. 31(9), pages 2828-2846, September.
    14. Sanjai Bhagat & Roberta Romano, 2002. "Event Studies and the Law: Part II: Empirical Studies of Corporate Law," American Law and Economics Review, American Law and Economics Association, vol. 4(2), pages 380-423.
    15. Sanjai Bhagat & Roberta Romano, "undated". "Event Studies and the Law: Part II--Empirical Studies and Corporate Law," Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series yale_lepp-1019, Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy.
    16. West, Mark D, 2001. "Why Shareholders Sue: The Evidence from Japan," The Journal of Legal Studies, University of Chicago Press, vol. 30(2), pages 351-382, Part I Ju.
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    Cited by:

    1. Yang Xu & Vincent Jia & Xinze Qian & Haizhi Wang & Xiaotian Zhang, 2024. "Delaware Reincorporation and the Double-Exit Puzzle: Evidence from Post-Initial Public Offering Acquisitions," IJFS, MDPI, vol. 12(2), pages 1-15, April.
    2. Yongqiang Chu & Yijia (Eddie) Zhao, 2021. "The dark side of shareholder litigation: Evidence from corporate takeovers," Financial Management, Financial Management Association International, vol. 50(3), pages 845-873, September.
    3. Yiwei Li & Wei Song & Tingyu Sun & Qingjing Zhang, 2023. "The impact of shareholder litigation risk on income smoothing," Review of Quantitative Finance and Accounting, Springer, vol. 61(4), pages 1379-1413, November.

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