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Re:Tesla, Musk must face shareholder lawsuit over going-priv... by gamblor956 on Wednesday April 15, 2020 @07:54PM (#22884589)
Shareholder lawsuits provide money to all those shareholders who were damaged as a result of the tortious action. In this case, that includes shortsellers, current and former shareholders who sold their shares, and current and former shareholders who may have purchased their shares on the false news and then sold them for losses when the truth was revealed.

Yes, lawyers make a lot of money compared to individual shareholders. But in a class-action lawsuit, they make less overall money then they would if each shareholder had their own lawyer, and it costs the company far less to defend one shareholder class action then several thousand (and this is the entire point of class actions).

Re:Tesla, Musk must face shareholder lawsuit over going-priv... by nickff on Wednesday April 15, 2020 @08:06PM (#22884662)
Shareholder class-action judgements do take money from the company, and give it to both the shareholders, and their lawyers. The problem is that from the point of view of a long-term shareholder, it is taking money from one pocket, and putting it in the other (after compensating the lawyers for their trouble). Short-sellers will almost certainly not be in a class of shareholders, as they only hold the stock for a very brief period before selling it, and then only for a brief period before returning it to their counter-party; if they hold it longer, they are not short-sellers.

Among the shareholder class, there are a few different categories, each wins or loses a different amount due to the class-action:

1) Those who owned the stock at the time of the misrepresentation and continued to own it until the judgement/settlement. These people lose their portion of the lawyers' fees

2) Those who owned the stock at the time of the misrepresentation and sold it before the lawsuit ended. These people benefit from the judgement/settlement amount, minus lawyers' fees.

3) Those who did not own the stock a the time of the misrepresentation, but bought it before the end of the lawsuit. These people lose however much group 2 gained, in addition to some legal costs.

Out of the three groups, 1 and 2 are part of the class, but only 2 benefits from a successful complaint.