DRRT's Global Loss Recovery Blog

For years, investors, including asset managers, insurance companies, mutual and pension funds, as well as other financial institutions around the world have relied almost exclusively on the U.S class action system for the recovery of losses from, investor fraud. They have done so by participating in passive class action settlements or through active opt-out litigation. 

DRRT was honored to support and participate in the ICGN's conference in Seoul on October 5, 2022. We want to thank Mr. Fred Bowman, Investment Officer at Therium Capital Management, and Mr. Joonyup Park, attorney at Kim & Chang and formerly at Korea Investment Corporation for joining our Managing Partner, Joseph Gulino at DRRT's panel, "Shareholder Activism Tools, Litigation as a Tool to Encourage Sound Corporate Governance Practice". 

The recent DRRT settlement with Hypo Real Estate Holding was recently featured in The D&O Diary. 

Das seit Januar 2009 anhängige Gerichtsverfahren zwischen DRRT-Rechtsanwalt Christian Wefers - als Musterkläger für über 100 DRRT Mandanten - und der HRE wurde nunmehr erfolgreich verglichen und schreibt damit Geschichte für Musterverfahren nach dem Kapitalanleger-Musterverfahrensgesetz (KapMuG). Dieser Vergleich folgt der vergleichsweisen Beendigung des Telekom-Musterverfahrens im Jahr 2021, welches das erste, große deutsche Kapitalanlegermusterverfahren war und seit 2001 lief.

The court proceedings pending since January 2009 between DRRT attorney Christian Wefers – as model plaintiff for more than 100 DRRT clients – and HRE have now been successfully settled, making history for model proceedings under the German Capital Markets Model Case Act (KapMuG). This settlement follows the settlement of the Telekom model proceedings in 2021, which were the first major German Capital Markets model proceedings and had been ongoing since 2001.

DRRT was delighted to host its 12th Annual Global Investor Loss Recovery Conference in Frankfurt on May 12 and 13. Among the speakers, we were honored to have Mr. Kevin LaCroix, author of the popular The D&O Diary. Mr. LaCroix posted a blog post highlighting his time in Germany. We invite you to visit The D&O Diary. 

DRRT proudly supports the education and wellbeing of future generations in their pursuit of personal success. DRRT is passionate about educating students to ensure a bright future for our communities throughout South Florida, across this country and abroad. DRRT has a long and proud history of community involvement, providing for charitable causes, and engaging in philanthropic activities.

Leading by example, DRRT is proud to announce it has created The Future Lawyers Scholarship with The Miami Foundation. Through this program, DRRT will provide funds to help students gain access to higher education. DRRT firmly attests that increasing young people’s educational attainment is a critical factor for Greater Miami’s growth.

DRRT continues its forward momentum by adding Spain to the extensive list of countries in which it operates via involvement in the ongoing criminal proceedings against Abengoa seeking recovery for losses arising out of the company’s accounting fraud and manipulation.

As a result of Abengoa’s blatant accounting manipulation, in January 2017 the Spanish firm IUS + AEQUITAS, a member of the Diaz, Reus & Targ (DRT) International Law Firm & Alliance, filed a criminal complaint on behalf of hundreds of affected investors seeking losses against Abengoa and others including its former president, CEO,and auditor Deloitte. DRRT is working directly with IUS + AEQUITAS to add affected investors to the criminal proceeding during the current investigation phase on a risk-free, “no win, no fee” basis.

On Saturday, September 11, 2021, DRRT's Director and Assistant Managing Partner, Joseph Gulino spoke at the Cambridge International Symposium on Economic Crime.

To opt-out, that is the question. An opt-out action is when an investor chooses to remove itself as a class member of a securities class action suit with the intention of filing a direct action against the defendant. There are many reasons why it may be advantageous for an investor to proceed in this manner. As we have had an abundance of experience with direct action opt-outs, if the damages are large enough, this will likely be the best course of action for the institutional investor.