Duke Energy settlement indication of rise in merger & acquisition payouts

In 2012, when Duke Energy merged with Progress Energy, the board of directors fired the new CEO, Bill Johnson, who was supposed to become the head of the merged companies. Shareholders claimed to lose millions after the ousting of the new CEO. The investors sued, claiming that they were misled and  Duke Energy has agreed to pay its shareholders $146 million to settle allegations due to the failure to disclose details of the merger. Investors who purchased Duke Energy shares within three weeks of the merger date or a week after it was finalized are eligible to participate in settlement.

duke-energy-logoDuke Energy denied the allegations and any wrongdoing as part of the settlement, which is pending approval by a federal judge. This case is a wakeup call to defendants that mergers and acquisitions don’t disappear with some quick payments to plaintiffs. According to this Business Journal article, securities litigation resulting from mergers and acquisitions are becoming more prevalent. There has been similar class action shareholder litigation of this magnitude, like the Activision Blizzard, Inc. settlement in November. While the frequency of high-valued M&A litigation has remained relatively constant, the available settlement dollars due to investors seems to be trending upwards, with 93% of such cases in 2014 valued over $100 million dollars.

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