Lawyer <scp>CEOs</scp> and Strategic Disclosure of Litigation Loss Contingencies

Using hand‐collected data, we find that lawyer CEOs, defined as CEOs with a legal education background, tend to make first disclosures about pending litigation cases on a timelier basis for litigation cases that end up with material losses than do non‐lawyer CEOs. However, for cases that result in immaterial losses, the presence of lawyer CEOs is not associated with optimistic claims. In contrast, lawyer CEOs are less likely to issue pre‐warnings prior to material settlements than non‐lawyer CEOs. We attribute the latter finding to the high perceived levels of disclosure proprietary costs in terms of ‘tipping one's hand’ to opposing counsels. These findings suggest that lawyer CEOs do not always exhibit conservative and risk‐averse disclosure styles.

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Publication Details

Journal
Abacus
Published
2024-12-12
DOI
https://doi.org/10.1111/abac.12357
Primary Topic
Law, Economics, and Judicial Systems
Type
article
Field-Weighted Citation Impact
0.00
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article

Lawyer CEOs and Strategic Disclosure of Litigation Loss Contingencies

Barbara Su, Feng Chen, Yu Hou, Gordon D. Richardson
Abacus
Law, Economics, and Judicial Systems
article

Lawyer CEOs and Strategic Disclosure of Litigation Loss Contingencies

Barbara Su, Feng Chen, Yu Hou, Gordon D. Richardson
article en

Abstract

Using hand‐collected data, we find that lawyer CEOs, defined as CEOs with a legal education background, tend to make first disclosures about pending litigation cases on a timelier basis for litigation cases that end up with material losses than do non‐lawyer CEOs. However, for cases that result in immaterial losses, the presence of lawyer CEOs is not associated with optimistic claims. In contrast, lawyer CEOs are less likely to issue pre‐warnings prior to material settlements than non‐lawyer CEOs. We attribute the latter finding to the high perceived levels of disclosure proprietary costs in terms of ‘tipping one's hand’ to opposing counsels. These findings suggest that lawyer CEOs do not always exhibit conservative and risk‐averse disclosure styles.

AbacusVol. 62(1)
University of Toronto (CA), Queen's University (CA), Temple University (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
Law, Economics, and Judicial Systems
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