196. Review the Note Disclosure of Legal Matters.
Required:
(1) If you were to make an entry for the lawsuit against Company, what monetary amount should be recorded? On what
did you base your decision with regard to the amount?
(2) Does the disclosure imply that the Company is involved in only this litigation at this time?
(3) Why did this lawsuit arise? Do you believe it to be a reasonable one or do you think that the plaintiff, has little grounds
for this lawsuit?
(1) None. If an entry were to be made, this would mean that Company had lost the lawsuit.
Had the company lost the lawsuit, the amount of damages awarded by the court would have
to be recorded as an expense.
(2) The note disclosure on legal matters only mentions this litigation. However, this does not
imply that it is the only litigation. Unfortunately, lawsuits are a fact of life for U.S.
businesses. The Company is probably involved in many lawsuits at any one time. The fact
that other litigation is not mentioned means that either the other suits, both individually and
collectively, would have an immaterial effect on the financial position of the Company or in
management’s opinion, the risk of loss is remote. It is not necessary to mention normal
business risks in this type of disclosure.
(3) The lawsuit arose because the plaintiff believes that, during the time in question, the
officers and directors either made false statements about the construction of the plant or
failed to inform the shareholders of the problems they were having. Presumably, had
potential investors been aware of the problems, they might have avoided purchasing the
Company’s stock At this point the students will offer their own opinions.
They may believe that the plaintiff was in fact damaged. Or this is just another case of suing
in a attempt to recover from a bad investment decision. Investing in stock involves risk and
the loss Doe incurred was the result of his own risk-taking activities. Suits like this are bad
for business as they divert attention away from the real issues and problems.