financetom
Business
financetom
/
Business
/
US SEC hands victory to IPO issuers who want to avoid class-action lawsuits
News World Market Environment Technology Personal Finance Politics Retail Business Economy Cryptocurrency Forex Stocks Market Commodities
US SEC hands victory to IPO issuers who want to avoid class-action lawsuits
Sep 17, 2025 10:04 AM

WASHINGTON (Reuters) - A divided Securities and Exchange Commission on Wednesday handed a victory to companies that want to shield themselves from investor class action lawsuits, making it easier for firms seeking to go public to require that investors resolve claims of fraud or other false statements through arbitration rather than in court.

The commission voted 3-1 along party lines to reverse a long-standing but unwritten SEC policy in which the agency blocked the Wall Street debuts of companies that want to ban shareholder class action lawsuits in their charters and bylaws.

During President Donald Trump's previous administration, the agency considered such a change but ultimately took no action.

"The commission is not a merit regulator that decides whether a company's particular method of resolving disputes with its shareholders is good or bad," SEC Chair Paul Atkins said at a public meeting.

Caroline Crenshaw, the commission's lone remaining Democrat, lambasted the new policy, saying it would effectively deny many shareholders their rights while allowing companies to keep their alleged misdeeds in the shadows.

Corporate interest groups and Republicans have long complained about what they see as the frivolous filing of shareholder class action suits, and often advocate for the use of mandatory arbitration to reduce the amount of litigation. 

Consumer advocates and plaintiffs lawyers say court action helps hold companies to account, gives small investors the chance to recover damages they otherwise couldn't, and gives the public access to evidence and legal reasoning that helps build case law.

Ann Lipton, a former class action litigator now at the University of Colorado law school, said the change would be damaging to the public interest, noting law suits can expose corporate misconduct among other things.

"From a public policy perspective, this is horrific," said Ann Lipton, a former class action litigator now at the University of Colorado law school, adding that law suits can expose corporate misconduct among other things. "It halts all development of the law and it halts all insight into what companies are really doing."

The issue first gained prominence in 2012 when the SEC signaled it would oppose an IPO planned by the private equity fund Carlyle Group, which sought to require future shareholders to resolve disputes in arbitration.

Senator Elizabeth Warren, the top Democrat on the Senate Banking Committee, on Wednesday released a letter she wrote to the SEC expressing "deep concern" that the SEC was poised to undermine shareholder rights and the public interest.

In a separate matter on Wednesday, the SEC is also due to consider whether to extend for a second time the deadline for private investment funds to comply with Biden-era regulations requiring enhanced disclosures.

Comments
Welcome to financetom comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
Related Articles >
Banking regulations will make UBS growth abroad more expensive - Swiss finance minister
Banking regulations will make UBS growth abroad more expensive - Swiss finance minister
Jun 6, 2025
BERN, June 6 (Reuters) - UBS will find it more expensive to expand abroad as a result of new government proposals to make the Swiss finance sector more resilient, Swiss Finance Minister Karin Keller-Sutter said on Friday. Under the proposals, which could make UBS hold up to $26 billion in core capital, big banks will have to fully capitalise their...
Rubrik Aided by Non-Recurring Revenue in Q1, Oppenheimer Says
Rubrik Aided by Non-Recurring Revenue in Q1, Oppenheimer Says
Jun 6, 2025
10:38 AM EDT, 06/06/2025 (MT Newswires) -- Rubrik's ( RBRK ) non-recurring revenue helped it deliver solid fiscal Q1 results, with Q2 guidance also ahead of consensus, Oppenheimer said in a note Thursday. Much of the outperformance to the quarter revenue and guide came from non-recurring revenue...without which Rubrik ( RBRK ) would have performed below bullish buy-side expectations, it...
FuelCell Energy Stock Soars After Mixed Q2 Results: Targets Profitability With Scaled-Back Ops, Renewed Tech Focus
FuelCell Energy Stock Soars After Mixed Q2 Results: Targets Profitability With Scaled-Back Ops, Renewed Tech Focus
Jun 6, 2025
FuelCell Energy Inc. ( FCEL ) shares traded higher Friday morning after the company announced in a press release mixed results for the second quarter of fiscal 2025. Revenue grew 67% year over year to $37.41 million, beating the consensus estimate of $32.41 million. Product revenue rose to $13 million from zero a year ago, reflecting increased sales activity. Service...
Google agrees $36 million fine for anti-competitive deals with Australia telcos
Google agrees $36 million fine for anti-competitive deals with Australia telcos
Aug 17, 2025
SYDNEY, Aug 18 (Reuters) - Google agreed on Monday to pay a A$55 million ($35.8 million) fine in Australia after the consumer watchdog found it had hurt competition by paying the country's two largest telcos to pre-install its search application on Android phones, excluding rival search engines. The fine extends a bumpy period for the Alphabet-owned internet giant in Australia,...
Copyright 2023-2026 - www.financetom.com All Rights Reserved