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.
The recent DRRT settlement with Hypo Real Estate Holding was recently featured in The D&O Diary.
Redress - Generally
In modern legal proceedings, different countries and jurisdictions have all had to confront a need to administer a large volume of cases that can arise out of a common set of facts. Often these cases involve relatively few defendants with many thousands of plaintiffs. In the context of investor recovery proceedings, a common circumstance is that a business entity and its directors are accused of wrongdoing (the defendants). Often the defendants’ conduct is alleged to have caused recoverable harm against many injured investors (the plaintiffs). The many investor-plaintiffs largely all share the same injury caused by the related conduct of the same relatively few defendants. In resolving this and similar situations, countries have developed a number of approaches.