Recent developments in U.S. courts limiting inclusion of claims of non-U.S. investors or for transactions in non-U.S. securities in U.S. class actions have drawn more attention to loss recovery outside of the U.S.
Also, institutional investors have learned that monitoring and filing claims in U.S. and Canadian class action settlements is no longer enough to minimize the effect of global securities fraud. This is due in particular to the lack of true class action options for investors outside the United States or Canada.
Outside of these countries, simply waiting for the outcome usually results in claims being barred and investors being excluded from recoveries. As a result, pro-active investors have become increasingly involved in non-U.S. litigation. At the same time, investors have also participated more opportunistically in U.S. class action opt outs. In sum, active engagement in loss recovery actions has become a new way of generating Legal AlphaSM.
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