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Accounting-Related Class Action Lawsuits on the Rise

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The number of accounting-related securities class-action filings rose 9.8% from 51 in 2022 to 56 in 2023, while the total value of settlements increased 11% year over year despite a decrease in the number of cases that were resolved, according to a new study from Cornerstone Research.

While accounting case filings have increased each of the last three years, the number of cases filed remained below the historical average of 62.

Data courtesy of Cornerstone Research

“Accounting cases” is defined by Cornerstone Research as cases “involving allegations related to Generally Accepted Accounting Principles (GAAP) violations, violations of other reporting standards, auditing violations, or weaknesses in internal controls over financial reporting.”

Accounting case filings with auditor defendants have been few and far between in recent years. In 2023, there were four such filings—two involved critical audit matters allegations and three of the four occurred in the first half of the year.

Despite the growth in accounting-related class-action lawsuits last year, cases took longer to be filed, with the median filing lag reaching 43 days, the longest in a decade, according to the study:

Accounting cases are typically filed more promptly than non-accounting cases. In 2023, as in prior years, the median filing lag for accounting cases remained shorter than that for non-accounting cases. However, the difference in filing lags between non-accounting and accounting cases [46 vs. 43 in 2023] was the narrowest since 2017 [11 vs. 10].

For defendant companies named in accounting case filings, the DDL Index (the dollar-value change in the defendant firm’s market capitalization) more than doubled in 2023 to $76.9 billion. This was the second largest for accounting cases in the last 10 years and came amidst a 44% decline in total DDL for all federal securities class-action filings in 2023, Cornerstone Research said. The increase was largely due to filings with a DDL of at least $5 billion, accounting for approximately half of the total accounting DDL.

“While the DDL substantially increased in 2023 compared to 2022, the trend of plaintiffs filing accounting cases against smaller issuer defendants continued,” Frank Mascari, a report co-author and a principal at Cornerstone Research, said in a statement. “At $719 million, the issuer defendant’s median-market capitalization in 2023 accounting case filings was 46% less than the 2014-2022 average and was the lowest in the last 10 years.”

Other additional accounting case filing trends include:

  • Revenue recognition continued to be the most common GAAP violation alleged in 2023.
  • The first-year dismissal rate of 2023 accounting case filings was 36% lower than the average first-year dismissal rate over the last 10 years.
  • Accounting case filings in the financial sector doubled in 2023, returning to historical levels.
  • Accounting case filings involving financial statement restatements continued to rebound after a 10-year low in 2021, and they were the second highest in the last 10 years.

The total value of accounting-related securities class-action settlements increased slightly from $1.4 billion in 2022 to $1.6 billion in 2023. The increase was led, in part, by the presence of four mega settlements (equal to or greater than $100 million), which represented 65% of the total value of all accounting case settlements and resulted in the average settlement amount increasing from $33.3 million in 2022 to $45.7 million in 2023, according to Cornerstone Research. In contrast, the median settlement amount declined from $16.1 million in 2022 to $15.0 million in 2023.

Data courtesy of Cornerstone Research

Almost 90% of the total value of all accounting cases settled was attributable to settlements involving institutional lead plaintiffs.

Despite the increase in value, there were just 35 accounting case settlements in 2023, an almost 19% decrease from 2022 and the third fewest observed over the last 20 years.

“As discussed in our recent Securities Class Action Settlements—2023 Review and Analysis, securities class actions as a whole have recently settled at more advanced stages of litigation, contributing to a drop in the number of settlements,” said Laura Simmons, a report co-author and a Cornerstone Research senior advisor. “This is especially true for accounting class actions, which have progressed even further before settling than non-accounting cases. In particular, only 37% of accounting cases were settled before the motion for class certification was filed, compared to 54% of non-accounting cases.”

Other key settlement trends include:

  • In 2023, accounting case settlements with alleged GAAP violations but no internal control weaknesses hit a five-year peak.
  • The size of issuer defendants in accounting cases settled in 2023, as measured by total median assets, decreased by 70%.
  • In 2023, the number of settled accounting cases involving restatements fell to the lowest level since 1998. The number of accounting case settlements alleging internal control weaknesses declined to the lowest level in 10 years.
  • Median “simplified tiered damages” in 2023 were lower for settlements involving accounting allegations than non-accounting cases.

Of the 35 settlements in 2023, 11 occurred in the Second Circuit Court, the most of any circuit court.

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RightTool Wins 2024 Accountant Bracket Challenge

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QuickBooks automation tool RightTool is the champion of the 2024 Accountant Bracket Challenge, presented by Accounting High, as the 3 seed defeated 1 seed CPA Jason Staats, host of the Jason Daily podcast, by a score of 355 votes to 110 votes in the final.

“To everybody in the RightTool Facebook community and all the RightTool users, all of you came together and helped us get the most votes, so I wanted to thank you guys for being the best community in the industry, in my opinion,” said Hector Garcia, CPA, co-founder of RightTool, during the championship final show, which was streamed by Accounting High on YouTube and LinkedIn earlier this afternoon.

RightTool joins accounting and bookkeeping app Uncat as winners of the ABC Tournament. In the inaugural Accountant Bracket Challenge last year, Uncat defeated Staats 339-190 in the championship match.

“I think what we’ve learned is … machines win,” Staats said about his consecutive losses in the tournament final. “We thought that would be down the road, but it’s happening.”

A grand total of 36,831 votes were cast during the three-week tournament.

“This has been so much fun. It only works if other people participate and pay attention and have fun, so thank you to the 1,806 ‘students’ who participated,” said Scott Scarano, an accounting firm owner who founded Accounting High, a community for forward-thinking accountants.

He added that the tournament will return next year, with some tweaks to make it better.

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Tesla to Launch RoboTaxi on August 8

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Dana Hull
Bloomberg News
(TNS)

Tesla Inc. plans to unveil its long-promised robotaxi later this year as the electric carmaker struggles with weak sales and competition from cheap Chinese EVs.

Chief Executive Officer Elon Musk posted Friday on X, his social media site, that Tesla’s robotaxi will be unveiled on Aug. 8.

Shares gained as much as 5.1% in postmarket trading in New York. Tesla’s stock has fallen 34% this year through Friday’s close. Shortly before Musk posted the news about the robotaxi, he lost the title of third-richest person in the works to Mark Zuckerberg, CEO of Meta Platforms Inc.

A fully autonomous vehicle, pitched to investors in 2019, has long been key to Tesla’s lofty valuation. In recent weeks, Tesla has rolled out the latest version of the driver-assistance software that it markets as FSD, or Full Self-Driving, to consumers.

The company has said that its next-generation vehicle platform will include both a cheaper car and a dedicated robotaxi. Though the company has teased both, it has yet to unveil prototypes of either. Musk’s Friday tweet indicates that the robotaxi is taking priority over the cheaper car, though both will be designed on the same platform.

Reuters reported earlier Friday that the carmaker had called off plans for the less-expensive vehicle and was shifting more resources toward trying to bring a robotaxi to market. Musk responded by saying “Reuters is lying,” without offering specifics.

Tesla also produced 46,561 more vehicles than it delivered in the first quarter, which has forced it to slash prices. U.S. consumers have been turning away from more expensive EVs in favor of hybrid models, causing many manufacturers to rethink pushes to electrify their fleets.

Splashy product announcements by Musk have always been a key part of Tesla’s ability to gin up enthusiasm among customers and investors without spending on traditional advertising. They don’t always work: the company unveiled the Cybertruck to enormous fanfare in November 2019, but production was delayed for years and the ramp up of that vehicle has been slow.

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(With assistance from Catherine Larkin.)

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Retail Sales and Wages Grew in March

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Retail sales grew at a steady pace in March, according to the CNBC/NRF Retail Monitor, powered by Affinity Solutions, released today by the National Retail Federation.

“As inflation for goods levels off, March’s data demonstrates steady spending by value-focused consumers who continue to benefit from a strong labor market and real wage gains,” NRF President and CEO Matthew Shay said. “In this highly competitive market, retailers are having to keep prices as low as possible to meet the demand of consumers looking to stretch their family budgets.”

Total retail sales, excluding automobiles and gasoline, were up 0.36% seasonally adjusted month over month and up 2.72% unadjusted year over year in March, according to the Retail Monitor. That compared with increases of 0.4% month over month and 2.7% year over year in February, based on the first 28 days in February.

The Retail Monitor calculation of core retail sales – excluding restaurants in addition to automobiles and gasoline – was up 0.23% month over month and up 2.92% year over year in March. That compared with increases of 0.27% month over month and 2.99% year over year in February, based on the first 28 days in February.

For the first quarter, total retail sales were up 2.65% year over year and core sales were up 3.12%.

This is the sixth month that the Retail Monitor, which was launched in November, has provided data on monthly retail sales. Unlike survey-based numbers collected by the Census Bureau, the Retail Monitor uses actual, anonymized credit and debit card purchase data compiled by Affinity Solutions and does not need to be revised monthly or annually.

March sales were up in six out of nine retail categories on a yearly basis, led by online sales, sporting goods stores and health and personal care stores, and up in five categories on a monthly basis. Specifics from key sectors include:

  • Online and other non-store sales were up 2.48% month over month seasonally adjusted and up 15.47% year over year unadjusted.
  • Sporting goods, hobby, music and book stores were up 0.86% month over month seasonally adjusted and up 8.33% year over year unadjusted.
  • Health and personal care stores were up 0.03% month over month seasonally adjusted and up 4.5% year over year unadjusted.
  • Grocery and beverage stores were up 1.17% month over month and up 4.22% year over year unadjusted.
  • General merchandise stores were up 0.13% month over month seasonally adjusted and up 3.38% year over year unadjusted.
  • Clothing and accessories stores were down 0.01% month over month and up 2.13% year over year unadjusted.
  • Building and garden supply stores were down 2.13% month over month and down 3.97% year over year unadjusted.
  • Furniture and home furnishings stores were down 1.46% month over month seasonally adjusted and down 5.28% year over year unadjusted.
  • Electronics and appliance stores were down 2.27% month over month seasonally adjusted and down 5.92% year over year unadjusted.

To learn more, visit nrf.com/nrf/cnbc-retail-monitor.

As the leading authority and voice for the retail industry, NRF provides data on retail sales each month and also forecasts annual retail sales and spending for key periods such as the holiday season each year.

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