Trying the most complex issues
for over 30 years.

Trying the most complex issues for over 30 years.

How to protect your business against securities lawsuits

On Behalf of | Jul 9, 2024 | Securities Litigation

If you run a business that sells securities, compliance with regulations and mitigating legal risks are crucial for success. If investors feel you haven’t provided complete or accurate information, they may sue your business for their losses.

The last thing investors probably want is to experience investment losses beyond normal market fluctuations. In the fast-paced world of finance, one of key strategy to safeguarding your business against such lawsuits is building a solid trust foundation with investors.

Comprehensive and transparent disclosure

When investors get on board, they anticipate accurate and comprehensive investment information. Investors may weaponize ambiguous information or the omission of material facts in lawsuits against your business in case of investment losses. Thankfully, you can mitigate this risk by implementing rigorous disclosure policies. Try to make sure that your securities company establishes and maintains strict policies and disclosure procedures that comply with all relevant regulations.

Additionally, it can make a world of difference to regularly train your staff, particularly those who take care of financial reporting and investor communications, on the importance of full and fair disclosure. Employees who understand the legal requirements and company policies can be your first defense against investor lawsuits. It can also help to use clear and understandable language in all:

  • Prospectuses
  • Financial statements
  • Investor communications

Avoiding jargon when writing disclosures can minimize the risk of investors claiming that your company is not transparent about risks and uncertainties.

Strengthen corporate governance

The employees you place in positions of authority within your securities company can lower or increase your risk of investor lawsuits. Strong corporate governance practices can help ensure that decisions are made in the company’s and its shareholders’ best interest. This can significantly minimize conflicts of interest and breaches of fiduciary duty.

You might also want to establish an independent board of directors who can provide unbiased oversight and hold management accountable. Their role will be to help prevent conflicts of interest by helping to ensure that decisions are made objectively.

It’s crucial to acknowledge that your company is always at some risk of investor lawsuits despite having comprehensive disclosure and strong corporate governance. Therefore, aside from proactively mitigating the risk of legal trouble, it can also be wise to be prepared for securities litigation. Having an experienced legal team by your side can help ensure you have the arsenal to combat any lawsuits that might come your way.