Why Registration Deadlines Vary in Non-US Recovery Efforts

10 November 2020

Our clients frequently ask why deadlines in non-US securities cases vary so much. This article explains the reasons and offers several best practices for institutional investors making participation decisions in this environment. To start, investors must appreciate two concepts: Passive versus active participation matters: The former involves representative (often class) actions and/or settlements with administrations and claim distributions. By contrast, Continue Reading

Australian Securities Class Action Landscape Continues to Shift

1 October 2020

Last quarter, the Australian securities class action landscape saw the impact of Treasurer Josh Frydenberg’s May 22 promise to subject litigation funders and their funding agreements to regulation. After uncertainty following the High Court’s rejection last year of common fund orders and optimism this year after Victoria permitted class action lawyers to charge contingency fees, the federal government’s July 23 Continue Reading

Loss Threshold 2.0: Trends Impacting Non-US Participation Processes

30 September 2020

When deciding whether to participate in non-US recovery efforts, many investors use loss thresholds: pre-set minimum loss amounts based on the risk profiles of countries where matters will be brought. If estimated losses exceed their minimum, they consider registering for the effort. If estimated losses fall below their threshold, they pass on it. Recent litigation trends outside the US require Continue Reading

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