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IPO Underpricing and Insurance Against Legal Liability

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  • Philip D. Drake
  • Michael R. Vetsuypens
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    Abstract

    Initial public offerings (IPOs) of equity are typically underpriced on the day of the offering. A frequently mentioned explanation for this puzzling phenomenon relies on issuers' desire to avoid legal liabilities under federal securities laws for misstatements in the offering prospectus or registration statement. According to this "lawsuit avoidance hypothesis," large positive returns from offer price to early after market trading reduce (i) the probability of a lawsuit, (ii) the conditional probability of an adverse judgment if a lawsuit is filed, and (iii) the amount of damages in the event of an adverse judgment.

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    Bibliographic Info

    Article provided by Financial Management Association in its journal Financial Management.

    Volume (Year): 22 (1993)
    Issue (Month): 1 (Spring)
    Pages:

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    Handle: RePEc:fma:fmanag:drake93

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    Cited by:
    1. Kathleen Weiss Hanley & Gerard Hoberg, 2011. "Litigation risk, strategic disclosure and the underpricing of initial public offerings," Finance and Economics Discussion Series 2011-12, Board of Governors of the Federal Reserve System (U.S.).
    2. Steib, Stefan & Mohan, Nancy, 1997. "The German reunification, changing capital market conditions, and the performance of German initial public offerings," The Quarterly Review of Economics and Finance, Elsevier, vol. 37(1), pages 115-137.
    3. Crutchley, Claire E. & Minnick, Kristina, 2012. "Cash versus incentive compensation: Lawsuits and director pay," Journal of Business Research, Elsevier, vol. 65(7), pages 907-913.
    4. Pettway, Richard H. & Kaneko, Takashi, 1996. "The effects of removing price limits and introducing auctions upon short-term IPO returns: The case of Japanese IPOs," Pacific-Basin Finance Journal, Elsevier, vol. 4(2-3), pages 241-258, July.
    5. Jay Ritter & Ivo Welch, 2002. "A Review of IPO Activity, Pricing and Allocations," Yale School of Management Working Papers ysm258, Yale School of Management, revised 01 Apr 2002.
    6. Hensler, Douglas A. & Herrera, Martin J. & Lockwood, Larry J., 2000. "The performance of initial public offerings in the Mexican stock market, 1987-1993," Journal of International Money and Finance, Elsevier, vol. 19(1), pages 93-116, February.
    7. Dimitris F. Kenourgios & Spyros Papathanasiou & Emmanouil Rafail Melas, 2007. "Initial performance of Greek IPOs, underwriter's reputation and oversubscription," Managerial Finance, Emerald Group Publishing, vol. 33(5), pages 332-343.
    8. M. Martin Boyer, 2003. "Is the Demand for Corporate Insurance a Habit? Evidence from Directors' and Officers' Insurance," CIRANO Working Papers 2003s-42, CIRANO.
    9. Schill, Michael J., 2004. "Sailing in rough water: market volatility and corporate finance," Journal of Corporate Finance, Elsevier, vol. 10(5), pages 659-681, November.
    10. Jain, Bharat A. & Kini, Omesh, 1999. "On investment banker monitoring in the new issues market," Journal of Banking & Finance, Elsevier, vol. 23(1), pages 49-84, January.
    11. Nanda, Vikram & Yun, Youngkeol, 1997. "Reputation and Financial Intermediation: An Empirical Investigation of the Impact of IPO Mispricing on Underwriter Market Value," Journal of Financial Intermediation, Elsevier, vol. 6(1), pages 39-63, January.
    12. Hao, (Grace) Qing, 2011. "Securities litigation, withdrawal risk and initial public offerings," Journal of Corporate Finance, Elsevier, vol. 17(3), pages 438-456, June.
    13. Lowry, Michelle & Shu, Susan, 2002. "Litigation risk and IPO underpricing," Journal of Financial Economics, Elsevier, vol. 65(3), pages 309-335, September.
    14. Diro Ejara, Demissew & Ghosh, Chinmoy, 2004. "Underpricing and aftermarket performance of American depositary receipts (ADR) IPOs," Journal of Banking & Finance, Elsevier, vol. 28(12), pages 3151-3186, December.
    15. Qi Huang & Richard M. Levich, 1999. "Underpricing of New Equity Offerings by Privatized Firms: An International Test," New York University, Leonard N. Stern School Finance Department Working Paper Seires 99-075, New York University, Leonard N. Stern School of Business-.
    16. Josef Anton Schuster, 2003. "The cross-section of European IPO returns," LSE Research Online Documents on Economics 24859, London School of Economics and Political Science, LSE Library.

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