CRA Insights

From preliminary to final approval: How often do settlements in securities class actions fail?

November 14, 2025
Scales of justice | Charles River Associates

In securities class actions, the settlement process goes through several steps: a tentative agreement between the parties, preliminary court approval, notice to the class, and final approval. While preliminary approval is a significant milestone, it does not guarantee final approval.

In this CRA Insights, Rahul Chhabra presents analysis of the Institutional Shareholder Services (ISS) data on cases filed in the past 10 years involving allegations under Section 10(b) of the Securities Exchange Act of 1934. 
The data contains no examples of a settlement that had received preliminary approval to be denied at final approval. More commonly, there are procedural delays rather than a settlement termination or withdrawal.