Securities Analytics Research
Verifiably Independent
U.S. Securities Litigation Risk Trends – May 2026
June 4, 2026
The 2-YR market capitalization loss accumulation of High-Risk Adverse Corporate Events (“ACEs”) for issuers on the NYSE and NASDAQ amounted to $16.69 trillion, an increase of 4.15% relative to April 2026. The aggregate and average frequency of HighRisk ACEs exhibited MoM increases of 1.48% and 1.33%, respectively. Taken together, the growth in High-Risk ACE frequency and associated market capitalization losses points to a worsening securities litigation risk environment for U.S. public companies. Table 1: U.S. Securities Litigation Risk Factors Securities Litigation Risk Factors GICS Sector [1]
Sector Index Return [2]
U.S. Public Companies [3]
Aggregate Market Capitalization ($B) [4]
High-Risk Adverse Corporate Events Over 2-YR Period
Monthly Delta
579 572 1,820 1,391 494 2,480 1,630 1,672 583 203 155
39 -13 -14 -43 8 33 70 43 32 7 7
[5]
Energy Materials Industrials Consumer Discretionary Consumer Staples Health Care Financials Information Technology Communication Services Utilities Real Estate
-4.6% 0.1% 0.4% 1.9% -3.3% 3.1% -0.8% 14.3% -0.9% -4.2% -0.4%
211 224 678 536 181 987 789 618 258 89 63
$4,056.14 3,020.24 8,030.09 9,351.54 4,294.93 8,229.46 11,818.29 31,522.95 8,098.69 1,783.48 366.40
[6]
Market Cap. Loss Accumulation Over 2-YR Period ($B)
Monthly Delta
$336.87 358.35 1,413.63 1,729.99 887.45 2,546.11 2,574.60 5,401.29 1,204.86 168.81 68.60
9.7% -1.2% -1.6% -7.8% 16.1% 1.9% 3.1% 10.0% 5.1% 5.5% 3.5%
[7]
[8]
Frequency. The aggregate number of High-Risk ACEs increased from 11,410 to 11,579, or 1.48%, with all but three GICS® sectors registering an increase in sector-specific events in May. Financials, IT and Energy posted the largest MoM rise in frequency with 70, 43, and 39 more High-Risk events relative to April 2026, respectively. Energy netted the largest increase in the average number of financially material events per issuer, increasing from 2.55 to 2.74, or 7.73% - the fastest growth among all sectors. Energy went from the sixth-highest sector by average frequency in April to the highest in May, indicating a notable rise in sector-specific securities litigation risk. Severity. Losses on High-Risk ACEs in the IT sector registered a 10% MoM change, rising from $4.9 trillion in April to $5.4 trillion in May. Since the beginning of 2026, market capitalization losses in IT have grown faster than the sector’s overall market capitalization. Market capitalization increased by 26.7%, from $24.9 trillion to $31.5 trillion, during the first five months of the year. Over the same period, losses on High-Risk ACEs rose by 32.6%, increasing from $4.0 to $5.4 trillion. As a result, the IT sector’s share of aggregate market capitalization losses attributable to High-Risk ACEs increased from 28.9% to 32.4%. Figure 1: Median SAR Risk Score® by GICS® Sector [9]
SAR U.S. Securities Litigation Risk Trends – May 2026
SAR Risk Score®. The median score of constituent issuers deteriorated in eight GICS® sectors relative to April 2026. Energy registered the largest deterioration in its median score, rising from 11.1% to 14.4%, a 3.29 percentage point (p.p.) increase. This marks the sector’s second consecutive month of risk deterioration. The median risk score of IT issuers decreased from 23.8% to 23.1% despite increases in the frequency and severity of High-Risk ACEs. This highlights the importance of evaluating litigation risk in the context of issuer-specific market capitalization, as the SAR Risk Score® reflects both the magnitude of High-Risk ACE losses and the size of the company relative to those losses. Page 1 of 2
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