1) Impact of recent AVZ announcements: Do AVZ's recent announcements support Omni Bridgeway's Class Action claims?
2) Potential exposure to damages: If the class action is successful, affected shareholders could be awarded the delta between their purchase price and the share price on the date of the judgment.
3) Impact of capital raising: Some HC posters have speculated that a placement will likely occur at a significant discount. If correct, this could increase the damages AVZ/DLA may have to pay if the class action is successful.
4) Ability of AVZ to successfully raise fresh capital: New investors considering participating in the placement must be concerned that their newly injected capital could fund the class action payout if the class action is successful. A quick review of Omni Bridgeway presentations will reveal they win seven out of ten cases they finance.
5) If AVZ loses the Class Action, how will Omni Bridgeway and affected shareholders get paid? Potential sources of cash to satisfy an adverse judgment could include AVZ's cash reserves, AVZ D&O insurance policy, and DLA's insurance policy. Should Omni Bridgeway go after DLA's insurance policy (on the basis DLA contributed to AVZ's failed disclosure obligations), this could result in DLA having to withdraw from representing AVZ in all legal disputes, which could be a disaster.