Class actions in the United States

Participate in a class action in the United States

Mismanagement in associated companies investors can be significant (rate) losses. By means of a class action in the United States can - be offset - at least partially. A class action lawsuit in the United States is a proven and effective means for aggrieved investors. Many listed companies around the world are therefore always subject to such collective actions, which are not so possible in Germany.

Despite some opposing tendencies in U.S. law, a European investor is generally entitled to participate in a class action lawsuit in the United States and to make its claim for damages. Sometimes it is even possible, as so-called lead plaintiff (lead plaintiff) to appear in a leading position in a U.S. class action and thus have a decisive influence on the course of the process and the result. Compensation payments in the millions, which can be incorporated into the portfolio of European investor after successful completion of the class action in the United States, are not uncommon.



Representation of institutional investors in U.S. class actions

In collaboration with Kessler Topaz Meltzer & Check, LLP, a leading U.S. law firms for class actions in the United States, we advise institutional investors in Europe, especially from Germany, Austria and Switzerland, with regard to the possibilities offered by them in attending offer class actions in the United States. Our clients are mainly European investment companies, pension funds and pension funds.

Class actions in the United States also interesting for foundations

Your Foundation called an extensive holding of securities (stocks, bonds, funds, etc.) you own? Then the topic of class actions in the United States is interesting for you. Compensation payments that accrue to the Foundation's assets after the successful completion of a class action in the United States, strengthen the foundation and prevent profit making malicious misappropriation of funds.

Obligation to participate in a class action in the United States

Not always be claims for damages, European investors are entitled, also asserted - a serious error of the investor. Does he forfeited existing compensation claim groundless, he makes towards its customers in doubt recourse. Charitable Foundations risk by a baseless knocking standing by compensation payments also their charitable status.

So far it has not come. Participating in a class action in the United States prepared for the investor that is hardly any effort. Unlike in Germany, the investor must above all play an active role as a plaintiff, but instead it is usually enough, after a class action lawsuit in the United States, have led Representatives that other investors to make their own claims for compensation timely basis. Compelling reasons to justify it, not to participate in a class action in the United States, therefore, there is not a rule.

Portfolio monitoring by U.S. law firm on a contingency fee basis

Our U.S. partner firm Kessler Topaz Meltzer & Check, LLP gladly accepts the monitoring of your portfolio to potential class action lawsuits pending in the United States. Colleagues consider on an ongoing basis, whether one of your securities qualify for participation in a class action in the United States. We advise you how you can get involved, to secure the due indemnities. Of course we also advise you about the possibilities that present themselves to you in the case of an active participation as lead plaintiff in a class action in the United States.

The amount of work for you as an investor is generally minimal and confined itself mainly to give us once a month access to capital transactions made by you. In general, we collect the data electronically directly from your custodian, in order to then identify using an automated portfolio monitoring program possible claims and class actions. The legal fees are incurred this way very manageable because they - are made primarily performance-related invoice - as is customary in the United States.

Your Contact

Are you interested in a class action lawsuit in the U.S. or want to learn more about class actions? Your contact for questions about the topics class action lawsuit in the U.S. and portfolio monitoring in the U.S. Attorney Andrew Warkentin, lawyer specializing in banking and capital market law, and attorney Mirko Sprengnether. The easiest way to reach us by e-mail (info@winheller.com) or feel free to call (069/76 75 77 80).