If the defendant in a lawsuit is better informed than the plaintiff about the value of damages that could potentially be assigned by the court, biasing the burden of proof toward the plaintiff may lower aggregate efficiency losses from litigation. Copyright Springer Science+Business Media, LLC 2012

This paper studies dynamic disclosure when the firm value evolves stochastically over time. The presence of litigation risk, arising from the failure to disclose unfavorable information, not only prompts bad news disclosures but also crowds out good news disclosures. The manager's disclosure...