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Management Behavior: Strategic Silence and Litigation

November 03, 2015 / 03:19

This episode covers firm disclosure behavior, insider trading, litigation outcomes, and strategic silence in financial reporting. Guest discusses how managers decide on earnings forecasts and the impact of insider selling on litigation risks.

The guest explains their research on why some managers choose to provide forecasts during quarterly earnings releases while others withhold them. They highlight the role of incentives, such as insider trading and the desire to avoid litigation.

A recent study is discussed, focusing on firms that announced disappointing earnings. The findings show that managers who sell shares after previous earnings announcements are less likely to warn about current disappointments, a behavior termed "strategic silence." This silence, combined with insider selling, increases the likelihood of litigation.

The conversation also touches on the implications for managers facing upcoming earnings disappointments, emphasizing that early warnings can mitigate litigation risks, especially if they plan to sell shares.

Finally, the guest mentions ongoing research into how firms' disclosure and trading behaviors change after being sued, questioning whether lawsuits prompt managers to alter their communication strategies.

TL;DR

Managers' disclosure choices impact litigation risks, with insider selling influencing their willingness to warn about earnings disappointments.

Episode

3:19
00:00:05
so my research focuses on the
00:00:07
interaction among firm disclosure
00:00:09
Behavior insider trading and litigation
00:00:12
outcomes and I examine what are the kind
00:00:15
of settings that lead managers to uh
00:00:18
provide forecasts with their quarterly
00:00:20
earnings release or whether they decide
00:00:22
to withhold those forecasts and whether
00:00:24
incentives play a role such as inator
00:00:26
trading or whether the desire to uh
00:00:28
reduce the likelihood of L ation uh
00:00:31
plays a role on that so what are the
00:00:33
determinants of whether uh management
00:00:35
decides to go above and beyond providing
00:00:38
the normal required accounting
00:00:39
disclosures every quarter and in
00:00:41
addition provide uh more qualitative or
00:00:44
more uh uh subjective forecasts of the
00:00:47
company's future
00:00:52
prospects so in a recent study of mine
00:00:54
my co-author and I examined a sample of
00:00:56
firms which announced disappointing
00:00:58
quarterly earnings and whether or not uh
00:01:01
firm managers gave any warning about it
00:01:03
prior to the announcement and we find
00:01:06
that when company managers sell more of
00:01:08
their own shares in The Firm after the
00:01:11
prior quarters earnings announcement
00:01:13
they're much less likely to warn about
00:01:15
the current quarters uh earnings
00:01:18
disappointment so as not to dampen the
00:01:20
share price when they sell we call this
00:01:22
Behavior strategic silence and what's
00:01:25
more interesting is when we bring
00:01:26
litigation into the story we find that
00:01:29
the likelihood the firm will get sued
00:01:30
after the earnings disappointment is
00:01:32
related to both strategic silence and
00:01:35
Insider selling and that there's an
00:01:37
interactive effect between the two
00:01:39
meaning that silence and selling enhance
00:01:41
the effect of each other in predicting
00:01:47
litigation so the main takeaway for
00:01:49
managers who are aware of an upcoming
00:01:51
earnings disappointment is that warning
00:01:54
ahead of time can save a lot of
00:01:56
headaches down the road in terms of
00:01:57
litigation and especially so if they're
00:02:00
planning to uh divest or sell off some
00:02:02
of their own Holdings in The Firm after
00:02:04
the earnings announcement uh because
00:02:06
this is a key behavior that potential
00:02:08
plaintiffs look for when deciding
00:02:10
whether or not to initiate class action
00:02:12
litigation against the
00:02:17
firm so we're now looking at what
00:02:19
happens to the firm's disclosure and
00:02:21
trading Behavior after the firm gets
00:02:23
sued we know from our prior study that
00:02:26
silence and Insider selling both affect
00:02:29
the like hood of the firm getting sued
00:02:32
but what happens to that behavior after
00:02:34
the lawsuit does the lawsuit uh
00:02:36
instigate changes and whether or not
00:02:38
managers are much more likely to warn of
00:02:40
an earning short shortfall after they
00:02:42
get sued and also are firms uh much more
00:02:46
likely to have their managers engaging
00:02:48
in selling uh prior to an earning
00:02:50
shortfall does a lawsuit actually
00:02:52
instigate changes and behavior in these
00:02:55
dimensions
00:03:07
[Music]

Episode Highlights

  • Behavior Strategic Silence
    Managers who sell shares are less likely to warn about earnings disappointments to avoid price drops.
    “We call this Behavior strategic silence.”
    @ 01m 18s
    November 03, 2015
  • Impact of Litigation
    The likelihood of being sued after disappointing earnings is linked to strategic silence and insider selling.
    “Silence and selling enhance the effect of each other in predicting litigation.”
    @ 01m 29s
    November 03, 2015

Episode Quotes

  • Warning ahead of time can save a lot of headaches down the road.
    Management Behavior: Strategic Silence and Litigation

Key Moments

  • Earnings Disappointment00:58
  • Strategic Silence01:18
  • Litigation Risk01:29

Words per Minute Over Time

Vibes Breakdown

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