A New Era In Global Securities Litigation: Part 2

By David Kistenbroker, Joni Jacobsen and Angela Liu (February 20, 2018, 12:15 PM EST) -- Publicly traded corporations continue to face the risk of battling securities litigation in multiple jurisdictions. As we explored in part one of this four-part series, it has become increasingly difficult to bring a class action against foreign issuers in a United States federal court under U.S. securities laws, given recent developments in U.S. actions in a post-Morrison[1] world. As such, shareholder plaintiffs barred from U.S. courts are looking to foreign jurisdictions. The Netherlands in particular is the European Union member state at the forefront of this sea change in securities litigation, as globally watched cases, such as the recent €1.204 billion ($1.3 billion) Dutch collective settlement with Belgium-based Ageas (formerly Fortis) or the securities lawsuits brought by Volkswagen shareholders in Germany and the Netherlands, showcase the venue's popularity relating to international securities class actions claims. And in 2013, the European Union promulgated a nonbinding recommendation regarding collective redress, which invited member states to adopt a collective redress framework. On Jan. 2, 2018, the European Commission published its report on the implementation of the recommendation, finding that many of the member states had not adopted the recommended features, and explaining that the implementation of safeguards against potential abuse is still not consistent across the EU. How the law will evolve globally and at the national level in the EU is one of the most important securities law developments to watch for in the coming years....

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