As we have just entered 2019, we here at DRRT would like to provide a quick overview of the trends we noticed in our work as a claims filing provider during 2018. This year had major developments, and we are still waiting to see how this will play out in terms of recoveries for many of the cases. However, the increase in Australian actions, the complexities of the antitrust settlements such as FX and LIBOR, and the evolution of new jurisdictions prove that having a robust claims filing provider, with an extensive legal background, can make a major difference in terms of maximizing recoveries and ensuring all opportunities are explored.
The increase in antitrust-based securities settlements was a major event in 2018. With over US $3 billion in settlement amounts, it is clear that these have caught the attention of the investor community. However, understanding the types of investment strategies included in each settlement, where to locate such data, and how to properly file for these cases were understandable challenges for many investors. Having open channels of communication with the claims administrator can be imperative to ensure that data requests are targeted to retrieve useful information and to avoid misuse of time by both filers and clients.
While most third-party filers cover the United States, Canada, and to some extent Australia, 2018 proved to be a year where new jurisdictions have become relevant. In early 2018, the U.K. Financial Conduct Authority (FCA) reached a settlement with Tesco PLC for £85 million. The FCA chose KPMG as the administrator for this settlement. This case/settlement proved to be complex in how it was managed by KPMG, including how they assessed the ownership of the assets. Again, this is where having a professional third-party filer, with a direct line of communication to the administrator, can be imperative in ensuring that the payout is maximized. Furthermore, as there are many direct actions currently being proposed and initiated against Tesco, having a law firm such as DRRT to discuss the potential waiver of claims should a client decide to file in this settlement, can be quite useful.
The Republic of China (Taiwan) has been another jurisdiction that is becoming more relevant. DRRT has established channels of communication with the Securities and Futures Investors Protection Center (SFIPC) which is a quasi-government entity that is in charge of bringing cases on behalf of investors in Taiwan. Furthermore, DRRT has a team at its headquarters ready to file in any case that may be of impact to clients. Beyond the language barrier, cases being proposed by the SFIPC typically have tight deadlines, and at times burdensome technicalities. That being said, it is important that these cases are being monitored and discussed.
Rise of Australia
Australian class actions are not a new development and DRRT has been assisting some of the largest investors around the world in filing in these cases for many years. What has changed, however, is the increasing number of cases being proposed, many of which are competing actions. It is important that investors consider each competing action when deciding which action to join. As a law firm and third-party filer, DRRT has extensive experience working with local counsel and their funders to ensure that its clients’ interests are best served, and that a fair and prompt recovery is achieved.
We look forward to monitoring these trends into 2019 and will always be on the lookout for new ones. More so, we welcome any inquiries you may have about our claims filing services and cases around the world.
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