CHICAGO, IL – October 1, 2026 (STL.News) The Boeing Company (Ticker: BA) is facing at least two newly announced investor investigations after federal regulators delayed certification of the long-awaited 737 MAX 10 over a newly disclosed software problem, a development that sent Boeing shares tumbling nearly 7% in a single trading session.
As of Oct. 1, STL.News has identified two law firms publicly investigating potential securities claims specifically tied to the September 2026 MAX software disclosure and subsequent MAX 10 certification delay:
- Pomerantz LLP — The firm says it is investigating whether Boeing and certain officers and/or directors engaged in securities fraud or other unlawful business practices following disclosure of the MAX software issue and the resulting stock decline.
- Bronstein, Gewirtz & Grossman LLC — The firm says it is investigating potential claims on behalf of Boeing investors and whether the company violated federal securities laws. Its investigation also specifically cites the Sept. 28 MAX 10 certification delay and Boeing’s resulting stock decline.
The announcements represent investigations, not newly filed securities class-action lawsuits over the September MAX 10 development. As of Oct. 1, a review of publicly available information did not identify a new securities complaint filed by either firm specifically concerning the September 2026 software disclosure.
That distinction is important. Law firms frequently investigate significant corporate disclosures and stock-price declines to determine whether there is sufficient evidence to pursue securities claims. An investigation does not establish wrongdoing, and BA has not been found liable for securities fraud related to the newly disclosed MAX software issue.
The investigations nevertheless arrive at a sensitive time for Boeing as the aerospace manufacturer works to stabilize 737 production, bring additional MAX variants into service and move beyond years of regulatory and legal scrutiny.
FAA delays MAX 10 certification
The immediate trigger for the investor investigations occurred Sept. 28, when the Federal Aviation Administration said it would delay certification of Boeing’s 737 MAX 10 until a software issue involving automated flight guidance is resolved.
The MAX 10 is the largest member of Boeing’s 737 MAX family and has already faced years of delays.
The newly disclosed issue involves flight-management software that, under a particular sequence of circumstances during a go-around or missed approach, can cause the aircraft’s vertical navigation function, known as VNAV, to disengage.
According to CBS News reporting, the situation involves rare circumstances in which an aircraft is conducting a precision approach with the autopilot engaged, the crew executes a missed approach, and changes the preprogrammed flight path. The software issue can cause VNAV to disengage and transition the aircraft to a less sophisticated automated pitch-control mode.
The problem does not mean pilots lose control of the aircraft.
The FAA has said the condition can increase pilot workload during a go-around, a phase of flight in which crews abandon a landing attempt, apply power and climb away from the runway before making another approach or proceeding elsewhere.
BA has informed 737 operators about the issue and is developing a permanent software update. The FAA plans to convene a Corrective Action Review Board to examine the matter and determine whether additional regulatory action is necessary.
FAA Administrator Bryan Bedford has said regulators have not yet determined that the software issue constitutes a safety-of-flight problem. The agency nevertheless decided not to certify the MAX 10 until it resolves the matter.
Boeing shares plunge following announcement
The regulatory setback produced an immediate reaction on Wall Street.
BA shares fell $13.68, or 6.91%, on Sept. 28 to close at $184.39, according to both investor-investigation notices. Reuters similarly reported that Boeing shares plunged roughly 7% following news that the FAA would withhold MAX 10 certification.
That decline is central to the potential securities investigations.
Plaintiffs’ securities firms generally examine whether investors suffered losses following disclosure of information that allegedly contradicts or materially changes previous representations made by a publicly traded company.
Whether that happened at Boeing is now a subject of the law firms’ investigations. It has not been established as fact.
Boeing reportedly knew of the issue in 2024
One of the most significant elements of the developing story is the chronology of BA’s knowledge of the software behavior.
CBS News reported that an airline first notified Boeing about the issue in November 2024. Boeing reviewed the matter and determined in February 2025 that it did not constitute a safety issue.
Operators later provided additional information to BA, according to CBS News. That information led the company to initiate a formal safety review, and it sent the findings to the FAA in September 2026.
Aviation Week independently reported a similar chronology, saying Boeing learned about VNAV disconnect problems through operator feedback in November 2024 and assessed the problem in February 2025. Additional operator feedback in 2026 provided a broader understanding of the issue. Boeing discussed the matter in a fleet digest in August before advancing it through its formal safety-review process in September.
That timeline could matter in investor investigations.
Securities lawyers could examine what Boeing knew about the software behavior, when management learned the relevant information, what the company disclosed publicly, and whether any statements about MAX 10 certification or the aircraft program were materially misleading.
Those are potential areas of inquiry, not findings of misconduct.
MAX 10 certification had appeared imminent
The timing is particularly significant because Boeing and at least one major airline had recently indicated that MAX 10 certification was approaching.
On Sept. 24, Alaska Airlines Chief Operating Officer Jason Berry told Reuters that the carrier expected the MAX 10 to receive FAA certification by the end of September.
Boeing CEO Kelly Ortberg had said the previous week that certification was coming “very soon.” Flight testing was complete, and Boeing was working through final documentation with the FAA.
Just days later, the FAA announced it would withhold certification until the software issue was resolved.
The MAX 10 is economically significant to Boeing.
Reuters reported that the aircraft represented approximately 31% of Boeing’s undelivered 737 orders at the end of June. Alaska Airlines alone has ordered 105 MAX 10 aircraft and holds rights for another 35. The carrier was planning to receive its first MAX 10 aircraft in spring 2027.
Those circumstances help explain why an additional certification delay received such a strong response from investors.
Regulators do not currently see grounding threat
The regulatory picture also requires careful distinction between the certification delay and the safety status of MAX aircraft already operating.
Transportation Secretary Sean Duffy said Sept. 30 that federal officials did not currently view the software issue as requiring the 737 MAX fleet to be grounded.
Duffy said the government would respond differently if officials believed they faced an immediate safety problem. He compared the software correction to an update and said it had not been flagged to the Transportation Department as a safety issue requiring grounding.
The FAA, however, continues to review the problem.
That means it would be inaccurate to describe the software condition as either a proven flight-safety defect or a matter regulators have completely dismissed. The FAA is evaluating the issue while withholding MAX 10 certification until it is satisfied the problem has been addressed.
Boeing has said existing pilot procedures can manage the condition safely while the company works on a permanent software fix.
Airlines respond to software problem
The software problem also has implications beyond the MAX 10 certification program.
Aviation Week reported that Boeing has been rolling back software on some aircraft to continue 737 deliveries while addressing the issue. United Airlines confirmed that its existing fleet is not affected and that it is not accepting deliveries equipped with the U14 software version associated with the problem.
Southwest and United have both reportedly asked Boeing not to deliver new MAX aircraft equipped with the affected software, while indicating they could accept aircraft using an earlier version.
Boeing initially indicated that a permanent software fix could be available in 2028, according to CBS News, but the company is now working to accelerate that timetable and provide updated guidance for pilots.
The software situation therefore has implications for certification, aircraft deliveries, airline planning and potentially Boeing’s financial recovery.
Boeing already faces separate securities litigation
The new Pomerantz and Bronstein investigations should not be confused with existing securities litigation involving Boeing.
Boeing disclosed in its second-quarter 2026 Form 10-Q that securities lawsuits connected with earlier 737 MAX matters remain pending.
The company also disclosed that multiple investigations and legal actions, including securities lawsuits, arose from the January 2024 737-9 door-plug accident.
Boeing said it was appealing a March 16, 2026 partial grant of class certification in one pending securities proceeding.
Separately, an existing federal securities case, In re The Boeing Company Securities Litigation, involves allegations concerning statements Boeing and its executives made about safety and manufacturing practices following the earlier MAX crashes.
That litigation covers an earlier period and different alleged disclosures and should not be characterized as a lawsuit arising from the September 2026 MAX 10 software development.
The Fourth Circuit also addressed class-certification issues in Boeing securities litigation in July 2026.
These proceedings illustrate Boeing’s broader securities-litigation exposure, but they remain legally distinct from the newly announced investigations.
Other firms have investigated Boeing before
Other plaintiffs’ law firms have previously announced investigations involving Boeing after unrelated events, including the January 2024 737-9 door-plug accident and the June 2025 Air India Boeing 787 crash.
Those firms should not presently be counted among the firms investigating the September 2026 MAX 10 disclosure unless they announce a separate investigation tied to this event.
As of Oct. 1, the publicly verified list for the current MAX 10 software and certification matter remains Pomerantz LLP and Bronstein, Gewirtz & Grossman LLC.
Additional firms could enter the matter if they believe there are grounds for securities claims, particularly given Boeing’s market capitalization, the magnitude of the Sept. 28 stock decline and the emerging timeline concerning when Boeing learned about the software behavior.
Boeing warned investors about certification risks
BA previously told investors that certification delays posed financial risks.
In its second-quarter Form 10-Q, Boeing said it expected certification of the 737-7 and 737-10 during 2026 but warned that its financial position, operating results and cash flows could be adversely affected if certification did not occur according to the company’s assumptions.
That prior risk disclosure could become relevant if litigation ultimately develops.
Securities cases often turn not simply on whether adverse events occurred, but on whether a company adequately disclosed known risks and whether previous statements became misleading because it omitted important information.
A certification delay by itself does not establish securities fraud.
What happens next
Several developments will determine whether the current investor investigations become more consequential.
The FAA’s Corrective Action Review Board will evaluate the software issue and could clarify whether regulators consider it a safety concern and what corrective actions are necessary.
Boeing is working on a permanent software update and accelerated interim measures. The timing of that work will help determine how quickly MAX 10 certification can resume.
The law firms investigating Boeing will meanwhile likely examine company disclosures, public statements, SEC filings, stock-price movements and the chronology of Boeing’s internal knowledge concerning the software behavior.
If attorneys conclude they have sufficient evidence, one or more firms could eventually file a securities class-action complaint. That is not guaranteed.
Another important date is approaching. Boeing is scheduled to report third-quarter financial results on Oct. 27, giving investors an opportunity to hear management’s latest assessment of the MAX 10 program, production, deliveries, and financial outlook.
For now, the verified legal situation is narrower than some investor-alert language might suggest.
Boeing is facing at least two publicly announced investor investigations tied to the September MAX 10 software disclosure and certification delay. Pomerantz LLP and Bronstein, Gewirtz & Grossman LLC are conducting those investigations.
They are investigations—not findings of fraud and not, as of Oct. 1, newly filed securities class actions over this particular disclosure.
At the same time, the underlying facts are significant. Boeing learned about the software behavior through airline feedback well before the September 2026 public disclosure, according to reporting from CBS News and Aviation Week. The company later conducted a formal safety review, the FAA halted what had appeared to be imminent MAX 10 certification, and Boeing lost nearly 7% of its market value in a single session.
Whether that sequence ultimately produces securities litigation will depend on what the investigations uncover and whether plaintiffs can establish that Boeing or its executives made materially false or misleading statements or omitted information they were legally required to disclose.
For Boeing, the immediate challenge remains resolving the software issue and satisfying the FAA so the long-delayed MAX 10 can move toward certification.
Legal notice: Pomerantz LLP and Bronstein, Gewirtz & Grossman LLC have announced investigations of potential claims. An investigation is not a lawsuit and does not establish wrongdoing. Allegations in existing securities litigation involving Boeing remain allegations unless and until proven in court. Boeing and its executives are entitled to contest those allegations, and the newly announced MAX 10 investigations have not resulted in a court finding that Boeing violated federal securities laws.
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