Class Actions FAQ

Class Actions FAQ

What is a Class Action?

A Class Action is a type of lawsuit in which one person, usually the “Lead Plaintiff,” represents multiple individuals who suffered similar harm from the defendant’s unlawful conduct. Class action lawsuits often are filed when it would be impractical or prohibitively expensive for each person who was harmed to file an individual lawsuit, and they enable small shareholders or consumers to seek recovery from large corporations possessing much greater legal and financial resources.

Generally, securities class actions are filed in the Federal District Courts and allege that the defendant(s) violated the Securities Act of 1933 and/or the anti-fraud provisions of the Securities Exchange Act of 1934. The typical class action takes at least 2-3 years to litigate, although the actual time it takes to resolve a case varies, depending on the complexity of the case, the issues involved, and other factors.

What is the Class Period?

The Class Period is a specific time period during which the unlawful conduct is alleged to have occurred. For example, in a securities class action, anyone who acquired securities of the defendant company during the Class Period is a member of the class. If we are successful, members of the class are eligible to receive a portion of the recovery. Although the initial complaint will specify a certain class period, this period may be expanded to encompass a longer period of time.

Who is eligible to participate in the recovery?

To participate in the recovery, your overall investment in the stock during the Class Period must have resulted in a loss. You may sell your stock at any time and still participate in the recovery, so long as your overall investment resulted in a loss.

What is a Lead Plaintiff?

Near the beginning of a securities fraud case, the court appoints a Lead Plaintiff to prosecute the lawsuit on behalf of the members of the class. An individual plaintiff, a group of individuals, or another entity – an investment fund, for example – can serve as lead plaintiff. The court usually appoints the class member with the largest financial interest in the recovery sought by the class to serve as the lead plaintiff.

In addition to representing the class, the Lead Plaintiff plays a crucial role in selecting the court-appointed Lead Counsel, and is encouraged to consult with lead counsel concerning the course of the litigation. By seeking lead plaintiff status, and choosing skilled, experienced counsel to represent the class, an individual class member may significantly affect the likelihood of the lawsuit’s success and the size of any eventual recovery.

How do I sign up to be a potential Lead Plaintiff?

The requirement to participate as a potential lead plaintiff is simple: Sign up here on our website or download or email to have a form sent to you.

What are the Costs and Expenses for me?

There is no out-of-pocket cost to any class member regardless of the outcome. Our law firm pays all costs and expenses associated with the suit. Further, we work on a contingency fee basis, meaning we are only paid if we settle or win the case. If we are successful in obtaining a recovery on behalf of class members, we will ask the court to award our law firm fees and expenses from the recovery. The amount of the fee award will depend on a number of factors, including the size of the recovery and the duration and complexity of the litigation. Our fees will ordinarily not exceed one-third of the recovery to class members.