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Academic Studies Find That Retaliatory Lawsuits Against Short Sellers Predict Long-Term Stock Underperformance

 

Two academic studies find that public companies, if they filed lawsuits after being attacked by an activist short seller, have worse performing stock over the long term than other targets of short sellers.

Brendel and Ryans (Responding to Activist Short Sellers: Allegations, Firm Responses, and Outcomes. In: Journal of Accounting Research 59(2), 2021.) analyze 421 short-seller publications from 1996 to 2018. They fined that only 6% of companies sue the short-seller, but 50% of those get evenutally delisted, which is only the case of 25% of all target companies. Over the following year, suing companies’ share prices average a cumulative abnormal return of -46%, while all targets on average -34%.

Brendel and Ryans (2021), p. 506

Grizzly Research commissioned an updated study. This new study is based on 1,100 short activist publications against 906 target firms from January 1, 2018, to August 1, 2025, and concludes:

“24 lawsuits were filed by target firms against the publisher; in all 24 cases, the firm’s share price failed to long-term recover against the S&P 500. Despite (or because) of the lawsuits, the firms’ stock prices averaged a long-term return of -72.0% against the index (and -54.4% in absolute returns) with 21 firms’ stock prices underperforming the S&P 500 by more than 30%, 18 firms by more than 60%, and 12 by more than 80%. Firms that did not sue the short seller performed significantly better, with -29.4% performance against the index and +15.8% in absolute returns. The trend of underperforming stock returns from suing companies continues even years after the publication and lawsuits, and reaches a 80% decline against the index on average at around 6 years after publication. Even if we exclude the period between the report publication and the lawsuit filing, the companies’ long-term returns after the filing of the lawsuit are still extremely bad, underperforming the index by 66.0% long-term from the moment of the lawsuit filing on. These new results, together with the facts that suing firms rarely achieve profitable settlements and firms can refute allegations conveniently without legal filings, provide further support for Brendel and Ryans’ hypothesis that target firms predominantly file lawsuits as a ‘bluffing strategy.’ “

Grizzly Research (2025), p. 4

Grizzly Research (2025), p. 3