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Copyright © 2001
Stanford Law School

Litigation Activity Indices

INDICES OF SECURITIES CLASS ACTION FILINGS

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Indices of securities class action filings characterize the intensity of securities litigation activity through time. The indices incorporate market information about declines in stock prices over selected portions of class periods as proxies for the potential loss of defendants and their insurance carriers.

We group multiple litigation processes corresponding to the same underlying event (allegations of fraud resulting in stock price inflation and subsequent decline, etc) in one report card that we refer to as a "filing." We define the class period of the filing as the class period mentioned in the First Identified Complaint (according to the information in the Clearinghouse database). In most cases this class period corresponds to the first filed complaint or to the complaint that shows the most extensive class period.

Declines in market capitalization over extended periods may be driven by market, industry, and firm-specific factors. To the extent that the observed losses reflect factors unrelated to specific allegations in class action complaints, indices based on class period losses would not be representative of potential defendant exposure in class action litigation. DDL and MDL should not be considered indicators of liability or measures of potential damages. Instead, they estimate the impact of all the information revealed during or at the end of the class period, including information unrelated to the litigation.

For each filing we calculate two measures of decline in the market capitalization of traded common stock:

A) Dollar value change in the market capitalization of the defendant firm from the trading day during the class period when its market capitalization was the highest to the trading day immediately following the end of the class period. We use the term "maximum dollar loss" as shorthand for this number.

B) Dollar value change in the market capitalization of the defendant firm between the trading day immediately preceding the end of the class period and the trading day immediately following the end of the class period. We use the term "disclosure dollar loss" as shorthand for this number.

The indices exclude IPO Allocation, Analyst, and Mutual Fund Filings. The following ten indices describe litigation activity:

Class Action Filings Index (CAF Index™) is the count of class action filings during a period.

©2009 Cornerstone Research

S&P 500 Securities Litigation Heat Maps™ show the percent (by number of companies and market capitalization) of the S&P 500 as of the first trading day of each year subject to securities class actions filings in federal courts during the year.

Percentage of Companies Subject to New Filings
 
Percentage of Market Capitalizations Subject to New Filings

Filings per Issuer Index (FPI Index™) is the ratio of companies listed on the NYSE, NASDAQ, and Amex subject to new filings as a percentage of companies listed of these exchanges at the start of the year.
©2009 Cornerstone Research
Maximum Dollar Loss Index (MDL Index™) also known as Dollar Class Period Market Cap Decline is the running sum of "maximum dollar losses" for all class action lawsuits filed year-to-date.

©2009 Cornerstone Research
Maximum Percent Loss Index (MPL Index™) also known as Relative Class Period Market Cap Decline is calculated as the running sum for all class action lawsuits filed year-to-date. This index is the sum of "maximum dollar losses" divided by the value of the Wilshire 5000 on the trading day when market capitalization reached its maximum during the class periods.
©2009 Cornerstone Research
Disclosure Dollar Loss Index (DDL Index™) also known as Dollar Class End Market Cap Decline is the running sum of "disclosure dollar losses" for all class action lawsuits filed year-to-date.

©2009 Cornerstone Research
Disclosure Percent Loss Index (DPL Index™) also know as Relative Class End Market Cap Decline is calculated as the running sum for all class action lawsuits filed year-to-date. This index is the sum of "disclosure dollar losses" divided by the value of the Wilshire 5000 at the end of the class periods.

©2009 Cornerstone Research

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