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IPO Underpricing and Insurance Against Legal Liability

Author

Listed:
  • Philip D. Drake
  • Michael R. Vetsuypens

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.

Suggested Citation

  • Philip D. Drake & Michael R. Vetsuypens, 1993. "IPO Underpricing and Insurance Against Legal Liability," Financial Management, Financial Management Association, vol. 22(1), Spring.
  • Handle: RePEc:fma:fmanag:drake93
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    Cited by:

    1. Obrimah, Oghenovo A., 2016. "Information production within the venture capital market: Implications for economic growth and development," Journal of Economics and Business, Elsevier, vol. 87(C), pages 1-17.
    2. repec:eee:mulfin:v:42-43:y:2017:i::p:95-115 is not listed on IDEAS
    3. Walker, Thomas & Turtle, Harry J. & Pukthuanthong, Kuntara & Thiengtham, Dolruedee, 2015. "Legal opportunism, litigation risk, and IPO underpricing," Journal of Business Research, Elsevier, vol. 68(2), pages 326-340.
    4. Hanley, Kathleen Weiss & Hoberg, Gerard, 2012. "Litigation risk, strategic disclosure and the underpricing of initial public offerings," Journal of Financial Economics, Elsevier, vol. 103(2), pages 235-254.
    5. 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-.
    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. Chua, Ansley, 2014. "Market conditions, underwriter reputation and first day return of IPOs," Journal of Financial Markets, Elsevier, vol. 19(C), pages 131-153.
    8. 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, April.
    9. Jay R. Ritter & Ivo Welch, 2002. "A Review of IPO Activity, Pricing, and Allocations," Journal of Finance, American Finance Association, vol. 57(4), pages 1795-1828, August.
    10. 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.
    11. 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.
    12. 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.
    13. 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.
    14. Alok R. Saboo & Rajdeep Grewal, 2013. "Stock Market Reactions to Customer and Competitor Orientations: The Case of Initial Public Offerings," Marketing Science, INFORMS, vol. 32(1), pages 70-88, October.
    15. Hao, (Grace) Qing, 2011. "Securities litigation, withdrawal risk and initial public offerings," Journal of Corporate Finance, Elsevier, vol. 17(3), pages 438-456, June.
    16. Gounopoulos, Dimitrios & Kallias, Antonios & Kallias, Konstantinos & Tzeremes, Panayiotis G., 2017. "Political money contributions of U.S. IPOs," Journal of Corporate Finance, Elsevier, vol. 43(C), pages 19-38.
    17. M. Martin Boyer, 2003. "Is the Demand for Corporate Insurance a Habit? Evidence from Directors' and Officers' Insurance," CIRANO Working Papers 2003s-42, CIRANO.
    18. Lin, Hui Ling & Pukthuanthong, Kuntara & Walker, Thomas John, 2013. "An international look at the lawsuit avoidance hypothesis of IPO underpricing," Journal of Corporate Finance, Elsevier, vol. 19(C), pages 56-77.
    19. Lowry, Michelle & Shu, Susan, 2002. "Litigation risk and IPO underpricing," Journal of Financial Economics, Elsevier, vol. 65(3), pages 309-335, September.
    20. 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.
    21. 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.
    22. Josef Schuster, 2003. "The Cross-Section of European IPO Returns," FMG Discussion Papers dp460, Financial Markets Group.
    23. Schuster, Josef Anton, 2003. "The cross-section of European IPO returns," LSE Research Online Documents on Economics 24859, London School of Economics and Political Science, LSE Library.
    24. Klein, Peter G. & Wuebker, Robert & Zoeller, Kathrin, 2016. "Relationship banking and conflicts of interest: Evidence from German initial public offerings," Journal of Corporate Finance, Elsevier, vol. 39(C), pages 210-221.
    25. 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.

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