KSF News, Updates, & Insights

$17.5 Million Proposed Settlement in American Capital Ltd. to be Presented to Court

On November 15, 2017, Plaintiffs and Defendants memorialized their agreement to resolve the consolidated securities class action lawsuit captioned In re American Capital, Ltd. Shareholder Litigation, Case No. 422598-V (Md. Cir. Ct.). This class action was brought against several of American Capital’s former directors and officers and certain entities associated with Elliott Management Corporation in connection with the sale of American Capital to Ares Capital Corporation, which Plaintiffs alleged that Elliott precipitated, for less than the true value of the company. After almost eighteen months of litigation, Plaintiffs were able to secure a settlement from both the American Capital and the Elliott Defendants totaling $17,500,000.