The US Supreme Court is set to take two landmark cases over Facebook and Nvidia that may rewrite the way investors sue the tech sector after scandals. Two firms urge the Court to narrow legal options available for investment groups, saying claims made were unrealistic.
Facebook's Cambridge Analytica Case
The current scandal is that of Cambridge Analytica, which allowed third-party vendors access to hundreds of millions of user information without adequate check or follow-up. Facebook reportedly paid over $5 billion to the FTC and SEC this year alone due to purportedly lying to the users as well as to the investors about how it uses data. Still, investor class-action lawsuits over the scandal remain, and Facebook is appealing to the Supreme Court in an effort to block such claims.
Facebook argues that the previous data risks disclosed were hypothetical and therefore should not have been portrayed as if they already had happened. The company also argues that forcing it to disclose all past data incidents may lead to "over disclosure," making the reports filled with data not helpful but rather confusing for investors. Facebook thinks disclosure rules should be flexible; if the SEC wants some specific incidents disclosed, it should create new regulations for that purpose.
Nvidia and the Cryptocurrency Boom
The second is that of Nvidia, the world's biggest graphics chip maker, which, allegedly, had played down how much of its 2017-2018 revenue was from cryptocurrency mining. When the crypto market collapsed, Nvidia was forced to cut its earnings forecast, which was an unexpected move for investors. Subsequently, the SEC charged Nvidia with $5.5 million for not disclosing how much of its revenue was tied to the erratic crypto market.
Investors argue that the statements from Nvidia were misleading due to the actual risks but point out that Nvidia responds by saying that such misrepresentation was not done out of malice. However, they argue that demand cannot be predicted in such an ever-changing market and so would lead to unintentional mistakes. According to them, the existing laws for securities lawsuits already impose very high standards to deter the "fishing expedition," where investors try to sue over financial losses without proper evidence. Nvidia's lawyers opine that relaxing these standards would invite more cases; henceforth the economy is harmed as a whole.
Possible Impact of Supreme Court on Investor Litigation
The Supreme Court will hear arguments for Facebook on November 6th, and the case for Nvidia is scheduled for Nov 13th. Judgments could forever alter the framework under which tech companies can be held accountable to the investor class. A judgement in favour of Facebook and Nvidia would make it tougher for shareholders to file a claim and collect damages after a firm has suffered a crisis. It could give tech companies respite but, at the same time, narrow legal options open to shareholders.
These cases come at a time when the trend of business-friendly rulings from the Supreme Court is lowering the regulatory authority of agencies such as the SEC. Legal experts believe that this new conservative majority on the court may be more open than ever to appeals limiting "nuisance" lawsuits, arguing that these cases threaten business stability and economic growth.
Dealing with such cases, the Court would decide whether the federal rules must permit private investors to enforce standards of corporate accountability or if such responsibility of accountability should rest primarily with the regulatory bodies like the SEC.
