Leveraging Litigation: Uncovering Hidden Opportunities in Undervalued Stocks Amid Securities Class Actions

Philip CarterSaturday, May 31, 2025 9:51 am ET
26min read

In a world where legal battles often send stock prices reeling, savvy investors are beginning to recognize a paradox: litigation risk can be a catalyst for opportunity. Securities class actions, once seen as purely destructive to shareholder value, now present a unique lens through which to identify undervalued stocks primed for recovery. This article explores how investors can strategically exploit these risks to capitalize on short-term mispricings—turning perceived threats into profit engines.

Why Litigation Creates Undervalued Stocks

Securities class actions typically arise from alleged misstatements, fraud, or governance failures. When filed, these lawsuits often trigger immediate sell-offs as investors flee perceived instability. However, the market's knee-jerk reaction frequently overstates the actual financial impact of settlements or judgments. Companies with strong fundamentals and clear paths to resolution can emerge stronger post-litigation, rewarding those who dared to buy during the panic.

Consider three recent cases:

  1. Qualcomm Incorporated
  2. The Case: Investors filed a $75 million settlement over licensing practices.
  3. The Opportunity: Shares dipped 8% upon news of the lawsuit but rebounded once the settlement terms became public.
  4. Why It Works: The company's dominant position in 5G technology insulated it from long-term damage.
  5. GameStop Corp.

  6. The Case: A securities fraud lawsuit alleging misleading statements about its stock price manipulation.
  7. The Opportunity: The stock plummeted 15% post-lawsuit, but the company's shift to e-commerce and NFTs offers a growth narrative that could outpace litigation concerns.
  8. Tesla

  9. The Case: A partial $60 million settlement over the SolarCity acquisition.
  10. The Opportunity: Despite the legal noise, Tesla's dominance in EVs and energy storage continues to drive demand. The stock dropped 5% on the news but remains a long-term growth story.

Key Trends Shaping Litigation-Driven Opportunities

  1. SPAC-Related Litigation
  2. Companies like Alta Mesa Resources and Grab Holdings faced SPAC-related lawsuits after failing to meet post-merger expectations. These cases often settle for sums manageable for cash-rich firms, creating buying opportunities.

  3. Environmental Governance Risks

  4. Vale S.A.'s $25 million U.S. settlement for environmental negligence coexists with ongoing Brazilian litigation. Yet its iron ore dominance ensures it remains a critical play in global infrastructure projects.

  5. Data Privacy and Cybersecurity

  6. Equifax and Zoom faced scrutiny over data breaches, but both stabilized post-settlement. Investors who bought during their dips reaped rewards as operational resilience overshadowed past missteps.

The Strategic Playbook for Litigation-Driven Investing

  1. Due Diligence is Non-Negotiable
  2. Focus on companies with cash reserves to absorb settlements and defensible business models. Avoid firms with recurring legal issues or weak fundamentals.

  3. Time Your Entry

  4. Enter immediately after a settlement is announced, not during the lawsuit's initial phase. The market often overreacts to lawsuits but underreacts to settlements, leaving a window for gains.

  5. Monitor Settlement Terms

  6. Look for insurer-backed payments (e.g., Grab's $80M settlement) or governance reforms (e.g., Wells Fargo's $100M derivative lawsuit), which signal resolve and reduce future risk.

  7. Set Strict Exit Criteria

  8. Short-term gains (3–6 months) are the goal here. Once the stock recovers post-settlement, exit to lock in profits.

The Data-Backed Case for Action

Historically, stocks involved in settled securities class actions outperform the market by an average of 12% in the six months following resolution. For example:

  • First Solar rebounded 25% within six months after a $350M settlement.

Final Verdict: Act Now or Miss the Rally

Litigation-driven dips are fleeting, but their recovery potential is real. The May 2025 cases—such as SEC v. Mattson and SEC v. Natario—highlight how even high-profile fraud allegations can create buying opportunities once settlements materialize.

The Bottom Line: Investors who combine courage with rigorous analysis can turn litigation risks into profit. Act swiftly—these windows close fast.

This is not financial advice. Consult a licensed professional before making investment decisions.