Tracking COVID-related securities litigation

Tracking COVID-related securities litigation: 4 reasons cases may be on the rise

When COVID-19 hit in March 2020, many in the insurance industry anticipated a wave of litigation that would mirror the influx of lawsuits after the 2008 recession. During that year, investors trying to recuperate lost funds filed more than 200 new cases, increasing securities litigation by nearly 20 percent from 2007. So far, however, this prediction has not played out—at least not yet.

Courts have experienced a slowdown in securities-related lawsuits since the beginning of the pandemic, with only 29 cases filed since the initial shutdown. But some experts believe a surge of COVID-19-related litigation is on the horizon. In this article, we’ll explore what we know based on the COVID-19 securities cases that have been filed so far, and why there could be a rise in legal activity and related directors and officers (D&O) claims. 

COVID-19 securities litigation: what we know so far

Unlike other events that precipitate stock market crashes, the pandemic has had a unique impact on the economic and legal landscape—in large part because it’s unlike any other financial crisis we’ve experienced. Despite the uniqueness of the situation, however, it’s possible to identify several reasons why the pandemic hasn’t sparked the same rise in securities litigation that we saw in 2008.

Importantly, this time the government quickly provided aid to help offset the pandemic’s impact on the stock market. On top of that, many companies went above and beyond to share information with stakeholders following the Securities and Exchange Commission’s (SEC) guidance from April 2020 to “disclose as much information as is practicable regarding [your company’s] financial and operating status(…).” These factors, plus the widespread belief that COVID-19 was just a temporary setback, likely kept many investors out of the courtroom.

Even with the litigation slowdown, however, there are a few cases currently working their way through the courts. The following is a breakdown of the three main types of COVID-19-related securities lawsuits experts have observed so far.

  • Outbreak-related cases

A few cases have been filed against companies that experienced outbreaks in their facilities. For example, some cruise-ship companies, prisons, and long-term care facilities are facing securities litigation.

  • Cases against false financial claims 

Companies that claimed to be able to profit from the pandemic are also facing litigation. For example, shareholders at some vaccine development companies recently sued over false claims around the development of a COVID-19 vaccine. 

  • Cases in heavily impacted industries

Finally, shareholders with investments in companies most disrupted by the pandemic have started to file suits. Heavily impacted industries include real estate investment trusts (REITs) and businesses in the entertainment and travel industries.

4 areas of uncertainty around post-pandemic securities litigation

With so few cases in court today, why could there be a rise in COVID-19-related securities litigation and D&O claims? Here, we review four factors that could make an impact.

1. The nature of the stock market

Since March 2020, the stock market has been volatile, and it will likely continue that pattern for months, or even years. Because of this, reductions in stock prices will take time to develop. Many shareholders may wait until the market levels off to litigate to have a clearer picture of the long-term impact 

2. Stricter regulations from the SEC

According to news outlets, the new administration is signaling a tougher regulatory stance than its predecessor. If the SEC tightens restrictions and enforces stricter disclosures for publicly held companies, this may benefit future plaintiffs.

3. A lack of comparable cases and precedent

As noted above, there have only been a few securities lawsuits to date around COVID-19 losses, and most of the cases are still working their way through the court system. Without precedent to use as a guide, only time will tell if cases survive motions to dismiss and the percentage that is in favor of plaintiffs. If more plaintiffs pursue cases and are successful, it could whet the appetite for more suits.

4. Continued economic uncertainty

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World Health Day 2021

World Health Day 2021

Building a fairer, healthier world

On World Health Day, 7 April 2021, we will be inviting you to join a new campaign to build a fairer, healthier world. We’ll be posting more details here shortly, but here’s why we’re doing this:

Our world is an unequal one.

As COVID-19 has highlighted, some people can live healthier lives and have better access to health services than others – entirely due to the conditions in which they are born, grow, live, work and age.

All over the world, some groups struggle to make ends meet with little daily income, have poorer housing conditions and education, fewer employment opportunities, experience greater gender inequality, and have little or no access to safe environments, clean water, and air, food security, and health services. This leads to unnecessary suffering, avoidable illness, and premature death. And it harms our societies and economies.

This is not only unfair: it is preventable.

That’s why we are calling on leaders to ensure that everyone has living and working conditions that are conducive to good health.  At the same time, we urge leaders to monitor health inequities and to ensure that all people can access quality health services when and where they need them. 

COVID-19 has hit all countries hard, but its impact has been harshest on those communities which were already vulnerable, who are more exposed to the disease, less likely to have access to quality health care services, and more likely to experience adverse consequences as a result of measures implemented to contain the pandemic.

World Health Organization is committed to ensuring that everyone, everywhere, can realize the right to good health.

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Millennials’ health is declining

Shield Insurnce Blog | Millennials’ health |

Millennials: Anyone born between 1981 and 1996

Millennials’ health is declining. Can employers and health plans help?

Millennials’ health concerns have seen double-digit increases in major depression and significant increases in substance use disorders over the past year. The prevalence of other chronic diseases is climbing, too. This data comes from the Blue Cross, Blue Shield, The Health of America Report® on millennial health. And it’s what prompted experts and advocates to come together recently for a Blue Cross Blue Shield Association (BCBSA) virtual forum about millennials’ health.

Health trends worsened by multiple crises

These worsening health trends were already in place when the COVID-19 pandemic hit. Then came a financial crisis, which has disproportionately impacted millennials, whose unemployment numbers are higher than other groups, according to Mark Zandi with Moody’s Analytics and a speaker at the BCBSA forum. The resulting stress may be exacerbating health conditions, in particular behavioral health.

Experts in healthcare, employee wellness, demographics, and economics gathered to share ideas for supporting this generation in ways that acknowledge their needs and preferences at this critical moment.

Employers focus on wellness and engagement for Millennials’ health

Krista Larson from the law firm Morgan Lewis and Aurora Davis with Comcast shared their strategies for building a healthier workplace for millennials. Larson said Morgan Lewis has invested in fostering open dialogue among employees about mental health to reduce stigma. The firm also features a senior leader who shares personal experiences with substance use disorder. The firm has also made the most of a difficult work-from-home situation, creating virtual communities for employees to boost mental and physical wellbeing. Comcast’s Aurora Davis said the company has focused on creating a healthier environment for employees. The new campus in Philadelphia, when re-opened after the pandemic, includes an onsite healthcare clinic, wellness center, physical therapist, and dietician. The company has also focused on virtual stress relief tools for employees.

One rationale behind those strategies, said Larson and Davis, is that they acknowledge millennial values, a key consideration given a large percentage of their workforces are millennials. 

What millennials value in an employer

Kim Lear, a generational researcher with InLay Insights, sketched a portrait of those values and why Morgan Lewis and Comcast’s investments may be on track for attracting and keeping millennial talent, as well as helping them get and stay healthy. Millennials are more committed, she said, to companies that promote self-care, show leadership in social justice, and work to keep them engaged in wellbeing.

They also, said Lear, want healthcare that’s accessible and health plans that are easy to understand. That could mean expanding access to digital options, including telehealth, which has taken off during the COVID-19 pandemic. It could also mean re-thinking the design of health plans or how employers educate employees about their choices.

Health plans are making it easier for millennials to tackle chronic disease

Health plans are helping employers shape those offerings. Blue Shield of California’s David Bond said the company’s new wellness and chronic disease management and prevention platform, Wellvolution, was designed with millennials in mind. It asks users to identify their health goals and matches them to personalized, evidence-based digital health programs.

Wellmark Blue Cross and Blue Shield’s (Wellmark BCBS) Julie Enga agreed that millennials need a path toward health beyond the primary care physician (PCP). The speakers agreed that millennials are interested in wellness but not necessarily relying as much on, or waiting for appointments with, PCPs as previous generations. Rather, they’re seeking information online or going to urgent care centers. That makes it difficult to address chronic issues like diabetes or depression, which require ongoing care. Digital wellness platforms can help, engaging millennials online and on-demand.

Enga also said millennials in Wellmark BCBS’ market have indicated an interest in a health plan that’s simpler to use and understand, so the company rolled out a product called BlueSimplicity℠ that simplifies choices and makes costs clearer upfront.

The biggest opportunity: engage millennials in behavioral health treatment

While chronic physical diseases remain a top concern about millennials, experts returned to the theme of behavioral health throughout the October 28, 2020, virtual forum. A significant percentage of people with a behavioral health diagnosis also have one or more chronic diseases. Treating both is difficult, and expensive. But engaging millennials with behavioral health conditions in treatment options that appeal to them will make managing chronic diseases easier. Employers, insurers, and community leaders emphasized the urgency to address millennial mental health, especially in the face of what some are calling the triple pandemic of COVID-19, a financial crisis, and systemic racism.

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Insurance Companies respond to Covid

Shield Insurance Blog | Covid |

There is a wealth of information in this article and too much to post, but please check it out as the Health Insurance Companies are listed A-Z and each one explains HOW they are responding to the Covid Crisis.

Insurance Companies response to Covid

The health and well-being of millions of Americans remain our highest priority. Health insurance providers are committed to helping prevent the spread of COVID-19. We are activating emergency plans to ensure that Americans have access to the prevention, testing, and treatment needed to handle the current situation.

Here are some ways health insurance providers are taking action:

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Covid-19 Consumer Alert

Information on the Coronavirus (COVID-19) is changing rapidly.  The information below consumer alert may be updated frequently.

As Michigan residents and businesses implement the measures outlined in Governor Whitmer’s Executive Orders aimed at mitigating the spread of the COVID-19 virus, questions may arise as to how insurance and financial services may be impacted. The information below will aid consumers and industry professionals in addressing these concerns.

Consumer Health Insurance Consumer Alert

Health Insurance

If you’ve recently lost your employer group health insurance due to the COVID-19 pandemic, you may be eligible for a special enrollment period. For additional information, visit DIFS’ Health Insurance Consumer Assistance Program (HICAP) website at www.michigan.gov/HICAP or call 877-999-6442.

Consumers enrolled in a fully insured health plan may be eligible for expanded COVID-19 coverage such as:

  • No cost for medically necessary diagnostic testing or treatment of COVID-19
  • Increased access to prescriptions
  • Prior authorization waivers
  • Expanded access to telehealth services

For more information on the benefits offered under your health plan, contact your insurer directly.

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