What is the likelihood of a classâaction settlement versus a court trial and how would each scenario impact shareholder value?
Likelihood of a settlement vs a trial
In securitiesâfraud classâaction cases the historical norm is a settlement rather than a full bench trial. The cost of defending a protracted caseâlegal fees, discovery expenses, and the risk of a potentially large, adverse judgmentâgenerally outweighs the certainty of a modest cash settlement. Moreover, the plaintiffâs counsel (FrankâŻR.âŻCruz) is already urging investors to âinquireâ about a classâaction, a signal that a settlement package is being prepared and that the parties are looking to resolve the matter before it escalates to a courtroom. While a trial is still possible if the parties cannot agree on terms, the probability of a settlement is probably in the 70â80âŻ% range versus a 20â30âŻ% chance of a trial.
Impact on shareholder value
Settlement: A settlement will most likely involve a cashâout to class members and possibly a modest âreâstructuringâ of the companyâs capital (e.g., a small reverse split, issuance of new shares, or a contingentâpayment note). The net effect is usually dilutive but limitedâthe market will price in the expected payout (often a few cents per share) and the associated dilution. Because the exposure is capped, the upside for the remaining shareholders is modest; the stock may trade flat to slightly lower until the settlement is confirmed, then recover modestly as the legal uncertainty is removed.
Trial: If the case proceeds to trial, the upside for shareholders is the potential for a larger, albeit uncertain, judgmentâbut the downside is the heightened volatility and the risk of a multiâmillionâdollar verdict that could force SelectQuote to issue additional equity, take on debt, or even consider bankruptcy. Market participants typically price in a risk premium for the âtrialâriskâ scenario, which translates into a discount of 5â10âŻ% on the current price while the case is pending. A negative trial outcome would be a sharp catalyst for a sellâoff, whereas a favorable verdict could trigger a shortâcover rally.
Actionable takeâaway
- Maintain a shortâtoâneutral stance until settlement terms are disclosed. If the stock is already down on the negative sentiment (â70), a modest short position or a protective put can capture upside from further downside on trial risk.
- Monitor SEC filings and classâaction disclosures (e.g., the settlement notice, the ânotice of settlementâ filing, or any motion to dismiss). Confirmation of a settlement should be met with a buyâonâbreakout or at least a cover of shorts as the legal cloud lifts.
- Watch volume and price action around key dates (e.g., the classâaction deadline, any scheduled hearing). A breakout on higherâthanâexpected settlement terms could provide a shortâterm upside play; a move toward a trial hearing with widening bidâask spreads signals heightened risk and may warrant scaling back exposure.