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We Told Ya, Shoulda Listened: Quants Find Litigation Risks Before Markets

Credit: New Fortress Energy.

In 2022, Responsible Alpha and Deception And Truth Analysis (DATA) leveraged quantitative tools to analyze the accuracy of corporate statements in financial reporting by New Fortress Energy (NFE) demonstrating:

 

  • Corporate deception in regulated financial reports.

  • Greenwashing of ESG commitments.

  • Inaccuracy of financial disclosures.

 

As of 2022, NFE was an integrated gas-to-power infrastructure company with a market capitalization of $11 billion. NFE was engaged in providing energy and development services. The Company operated in two segments: Terminals and Infrastructure and Ships.

In 2022, NFEs public disclosures and sustainability claims were scrutinized using the joint DATA and Responsible Alpha approach, enabling a thorough evaluation of NFE's operations in particular their Fast LNG, which uncovered discrepancies between the company's stated commitments and its actual practices.

 

By 2024, NFE faced class-action lawsuits alleging securities fraud, linked to inflated revenue projections and inconsistent narratives about the Fast LNG project. These legal challenges have also been coupled with a significant decline in stock price, including a 23.6% drop in August 2024, after adjusted EBIDTA calculations came in $155 million dollars short of their second quarter projections.

 

Why It Matters

 

  • Identifying Greenwashing Risks: The analysis highlights significant discrepancies between NFE’s public-facing sustainability claims and its regulated disclosures, illustrating the prevalence of greenwashing practices. This serves as a critical reminder of the need for stakeholders to scrutinize corporate ESG commitments closely

  • Improving Investment Decisions: By revealing patterns of deceptive practices, this research equips investors with advanced tools to evaluate the reliability of corporate financial and sustainability disclosures, ensuring more informed decision-making in investment strategies

  • Enhancing Corporate Accountability: The study underscores the importance of transparency in corporate reporting. Misalignments between promotional materials and regulated filings, as demonstrated by NFE, can lead to diminished stakeholder trust and reputational risks

  • Mitigating Operational and Legal Challenges: Operational criticisms and class-action lawsuits faced by NFE exemplify the consequences of insufficient alignment between sustainability commitments and actual practices. This research emphasizes the critical role of aligning narratives to reduce legal liabilities and operational vulnerabilities.

  • Transparency and Accountability Challenges: The increasing percentage of deceptive fragments and declining truthfulness scores in NFE’s filings signal potential issues in transparency, raising concerns about the reliability of its disclosures and stakeholder trust

  • Sustainability and Regulatory Pressures: NFE’s stated sustainability commitments and increasing regulatory scrutiny on fossil fuels, climate risks, and hydraulic fracturing emphasize the need for alignment with environmental standards and a clear path toward sustainable energy solutions


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