A New Era In Global Securities Litigation: Part 4

By David Kistenbroker, Joni Jacobsen and Angela Liu (February 22, 2018, 10:35 AM EST) -- While class actions are commonplace in U.S. securities litigation, the U.S. Supreme Court's 2010 decision in Morrison has forced certain securities litigation to be brought in other parts of the globe. As a result, jurisprudence in several countries is developing to respond to this globalization. However, each country is developing a slightly different approach to the structure of a potential class or collective action and the scope of claims subject to settlement. For example, as explained in part two of this four-part series, the Netherlands, which views itself as a jurisdiction to handle significant, multinational matters, has become increasingly popular because of its procedures for court-approved, opt-out class settlements. How the law will evolve globally and at the national level in the European Union is one of the most important securities law developments to watch in the coming years. And as explained in part three, the U.K. and Germany have also experienced rapid proliferation of collective actions in the recent past. But the law is not only developing in the EU. As described below, it is developing in other locations as well, such as Canada, Australia and Asia. As securities markets become increasingly more global, the law around the world is continuing to develop. International issuers need to be prepared to defend themselves around the world while the law continues to evolve....

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