As prior reports have noted (for example, here), securities suits filings against companies based outside outpaced the filing activity levels overall in the year’s first half. A new report from AIG takes a closer look at the first half 2020 U.S. securities suit filings against non-U.S. companies, and concludes among other things that the first half filings could result in the highest annual total of lawsuits against foreign filers in years. The AIG report, entitled “US Securities Class Actions: International US-Listed Companies/H1 2020” can be found here.
Continue Reading First Half 2020 Securities Suits Against Foreign Issuers Outpaced Overall Filing Levels

In the following guest post, Umesh Pratapa takes a look at directors’ liability issues under Indian law, and also examines the protections that are available for directors as well. Umesh is a Consultant – Liability Insurance, in India. Umesh’s article was originally published in the July 2020 issue of “Director Today”, a monthly journal of the Institute of Directors (IOD), India. Reproduced with the kind permission of the publisher, Institute of Directors, India. I would like to thank Umesh for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Umesh’s article.
Continue Reading Guest Post: Director’s Liabilities: Prevention and Protection – Ports of Call for Relief

As I have noted in prior posts (most recently here), one of the more interesting and noteworthy developments in recent years has been the rise of collective investor actions outside the United States. A recent white paper published by Allianz Global Corporate & Specialty SE in collaboration with the Clyde & Co law firm entitled “Collective Actions and Litigation Funding and the Impact on Securities Claims: A Global Snapshot” takes a detailed look at the spread and development of collective investor actions – including, in at least some jurisdictions, securities class actions – against corporations and their directors and officers and the interrelation between this development and litigation funding. The report also includes a detailed picture of the status of collective actions and litigation funding in 28 different countries. The white paper can be found here.
Continue Reading A “Snapshot” of the Global Rise of Collective Investor Actions

Securities class action litigation has been an important part of the corporate and securities litigation environment in the United States and Canada for many years. What has been interesting in more recent years has been the steady rise of collective investor actions outside North America. As these various claims have accumulated, a number of them have developed into significant settlements, as documented in a recent report. ISS Securities Class Action Services has published an interesting report entitled “The Top 25 Non-North American Settlements: Largest Securities-Related Settlements Outside of North America of All-Time” (here) detailing the largest collective investor action settlements in Europe, Australia, and Asia.
Continue Reading The Top 25 Securities-Related Settlements Outside of North America

Francis Kean

In the following guest post, Francis Kean takes a look at the November 15, 2019 U.K. High Court of Justice (Chancery Division) judgment in the long-running HBOS acquisition-related lawsuits brought by a large group of shareholders against Lloyds Banking Group and its directors. As Francis discussed below, the judgment has significant implications for these kinds of actions under U.K. law. Francis is Executive Director FINEX Willis Towers Watson. I would like to thank Francis for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Francis’s article.
Continue Reading Guest Post: Pyrrhic Victory For Shareholders in Epic Credit Crunch Claim against Directors   

Securities class action lawsuits have been an important part of the litigation scene in Australia for many years. But even though the current class action procedural regime has been in place since 1992, no Australian securities class action lawsuit ever went all the way to judgment – that is, no case ever went to judgment until last week. On October 24, 2019, the Federal Court of Australia issued a post-trial Order in the TPT Patrol Pty Ltd as trustee for Amies Superannuation Fund v Myer Holdings Limited. The court’s ruling, a copy of which can be found here, contains a number of interesting points and could have important implications. A detailed October 25, 2019 memo from the Clyde & Co law firm about the judgment can be found here.  
Continue Reading Australian Securities Class Action Suit Reaches Judgment for the First Time

Most primary D&O insurance policies are written on a global basis, meaning that the policy’s coverage will respond to claims wherever they arise, anywhere in the world. However, in recent years, as a result of tax, regulatory, indemnification, and currency questions, both insurance buyers and insurers have become concerned about the potential need for companies to have locally admitted policies in place in foreign jurisdictions where the companies have operations. The question about whether or not a company should have a local policy has become a perennial issue. In an October 16, 2019 post on Woodruff Sawyer’s blog entitled “Foreign Subsidiaries and D&O Insurance: Are you Prepared to Place?” (here), Jane Njavro takes an interesting look at the issues surrounding these questions. As discussed below, these questions raise a number of recurring concerns.
Continue Reading Do D&O Insurance Policyholders Need Local Policies in Foreign Jurisdictions?

Class actions are of course well-established in the United States, but class action litigation has never been as well-developed in the UK. Among a number of reasons for this arguably is the lack of an “opt-out” class action procedure in the UK. However, as detailed in an interesting July 2019 memo by Colin Hutton of the CMS law firm entitled “Opt-Out Class Actions in the UK: Are We Entering a New Era in Litigation?” (here), several recent developments suggest that there may be “gradual but significant changes that may well alter the litigation culture in the UK permanently.”
Continue Reading Are We Entering a New Class Actions Era in the UK?

Umesh Pratapa

In the following guest post, Umesh Pratapa takes a look at the state of liability insurance in India. Liability insurance apparently is not yet widespread in India, for reasons that Umesh examines below.  Umesh also takes a look at the possible future for liability insurance in India. Umesh’s article was originally published in The Journal of the Insurance Institute of India (April – June 2019 issue).  EDITOR’S NOTE: The symbol “₹” is the sign for Indian Rupees.  A”crore” is a unit count of ten million in the Indian numbering system, abbreviated “cr.” A “lac” or “lakh” is a unit count of one hundred thousand in the Indian numbering system. I would like to thank Umesh for his willingness to allow me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Umesh’s article.
Continue Reading Guest Post: Liability Insurance in India- Challenges and Opportunities- Way Forward

One of the most interesting and significant developments in the corporate and securities litigation arena has been the rise of collective investor litigation outside the United States, as I have discussed in prior posts. This rising tide of litigation has not only included increased numbers of legal actions in a number of different jurisdictions but also has included several substantial settlements, including among others the massive settlements in the Fortis case and in the RBS case. In an updated report July 2019 report entitled “Global Securities Litigation Trends: July 2019 Update” (here), the Dechert law firm takes a detailed look at the “sea change” that has taken place in collective investor litigation in recent years, as a result of which, according to the report, we have entered “a new era of global securities litigation.”
Continue Reading More About the Global Rise in Collective Investor Actions