5. Options Available to Shareholders
Shareholders in a securities class action lawsuit can choose to join the class action and receive a portion of the settlement, or they can “opt out” to pursue an independent, direct action against the company.
Options also include selling the right to a recovery, and, in some cases, investors may be able to influence the lawsuit by voting on certain proposals, although the latter is less common and not always an option.
- Join the Fluor Class Action Lawsuit:
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- This is the default option for eligible investors.
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- What it is: You are included in the lawsuit and share in the recovery from a settlement.
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- Considerations: Recovery can be small (average of about 2% of losses), and payouts can take a long time due to the length of the class action and claims administration process.
- Opt out of the Fluor Class Action Lawsuit:
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- This allows you to pursue a direct, individual claim.
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- What it is: You are no longer part of the class and are not bound by the class action’s settlement or outcome.
- Sell the claim:
- It is possible to sell your right to the class action settlement recovery.
- What it is: You can transfer the right to the future payout to a third party in exchange for a smaller, immediate payment.
- Considerations: This can provide immediate liquidity, but you will not receive any money from the class action settlement.
- Vote on proposals (less common):
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- In some instances, shareholders may have the opportunity to vote on proposals related to the class action.
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- What it is: These are typically “ex ante” proposals before a lawsuit is filed or “ex post” proposals after a lawsuit is filed.
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- Considerations: The ability to vote is not guaranteed and depends on the specific circumstances of the lawsuit and the company.


