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Credit: Tobias Arhelger/Shutterstock.com. Credit: Tobias Arhelger/Shutterstock.com.

The litigators I’ve talked to on the defense side of the securities class action bar have consistently said that getting COVID-related securities claims to stick is going to be a tough haul for their colleagues in the plaintiffs bar.

The argument goes that, in such a rapidly changing environment, it’s tough to prove a company made a false or misleading statement related to COVID’s impact on its business, rather than something that’s proven false by the passage of time. It’s also hard to say when a company improperly withheld vital information from investors about the pandemic, when what we know about the virus’s impact on humans, let alone markets, changes day-to-day.

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