On Thursday, March 12th, 2020, DRRT along with Brazilian co-counsel, Finkelstein Advogados, requested mandatory arbitration under the auspices of the Market Arbitration Chamber (“MAC”) of the B3, against JBS S.A. and other defendants (“JBS”) on behalf of ninety-five institutional shareholders seeking over BRL 1.4 billion ($280 mio) in compensation for damages caused by JBS’s illegal activities over the past decade. Pursuant to Article 49 of JBS’ bylaws the “Company [and] its shareholders…undertake to resolve through arbitration any dispute or controversy which may arise between them…before the Market Arbitration Chamber, under the terms of its Arbitrations Regulations”, leaving confidential arbitration as the only way to recover damages.
DRRT’s Assistant Managing Partner, Joseph Gulino had the pleasure of speaking at the Sovereign Wealth Fund Institute’s 2020 Institute Fund Summit in Austin, TX. The panel, “Corporate Governance and Shareholder Engagement” discussed some of the corporate governance measures that institutional investors have at their disposal as well as the importance of litigation as a means of shareholder engagement.
As 2019 comes to an end, we are looking forward to the New Year with legal developments in the securities litigation world. As part of our ongoing commitment to be the leaders in covering global developments of interest for our institutional clients, we would like to highlight the new Dutch Act on Collective Damages Claims (Wet Afwikkeling Massaschade in Collectieve Actie; short: WAMCA). The WAMCA will finally enter into force on January 1, 2020 and complement the preexisting act on collective settlements of mass claims (WCAM). The WAMCA will cover collective damages actions for claims resulting from conduct that took place after November 15, 2016, the date that the legislative proposal was submitted to the Dutch Parliament. After various amendments, the WAMCA was finally approved in March 2019.
DRRT successfully hosted the panel regarding Shareholder Protection through Loss Recovery Litigation at the International Corporate Governance Network Miami on October 16, 2019.
DRRT’s Managing Partner, Alexander Reus, was invited to speak at the 17th Brazilian Congress of International Law and at The Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada for presentations regarding investor protection in Brazil and around the world. He participated, along with Mr. Claudio Finkelstein and others, on a panel named “Shareholder Loss recovery: Arbitration vs. Litigation? Quo vadis?”.