Practices

Our Institutional Investor Class Action Recovery

Institutional investors, investment advisors, pension funds, mutual funds, trustees and associated individuals may be missing out in the recovery of millions of dollars from class actions and other settlements. They have a fiduciary duty to pursue and maximize these recoveries.

We represent thousands of clients - mutual funds, institutional investors, public pension funds, trusts, investment advisers and individuals - as claimants in securities class actions and SEC, NASD and DOJ settlements throughout the nation. We also represent clients with respect to foreign investor settlements. Our Class Action Recovery Group has recovered nearly two billion dollars. In fact, in 2006 alone we recovered $547 million. Many times, our clients receive a substantial portion of the entire settlement.

Mintz Levin's representation can assist clients at modest costs in their class action recovery efforts.

Did you know?

  • Shareholders failing to file proofs of claim lose out in recovering millions of dollars each year.
  • Investors frequently do not even receive notices of substantial settlements.
  • Class action recoveries can be so significant that they can have an impact on a mutual fund's net asset value.
  • There is an increased regulatory focus on institutional participation in securities class actions.

Services

Mintz Levin provides the following services with respect to securities class action recovery:

  • Monitoring all pending and settled securities class actions involving portfolio companies; this comprehensive review is particularly important for clients who may have large holdings
  • Monitoring all SEC and other regulatory investor settlements, many of which are not widely publicized
  • Preparing and filing proofs of claim in a timely fashion;
  • Helping clients evaluate potential recoveries from these filings;
  • Review of claims administrators' calculations and settlement distribution amounts to ensure accuracy
  • Strong relationships with claims centers and class counsel that enable us to efficiently respond to and resolve any issues that arise with respect to filed claims;
  • Advising clients on whether to object to proposed settlements or attorneys' fees applications;
  • Advising clients on whether they should opt-out of the class and file an independent action;
  • Protecting clients in other ways, such as attempting to broaden the scope of a class to cover their transactions or negotiating a separate settlement in the event class action status is denied;
  • Participating in foreign investor settlements when clients are eligible.

Unique Aspects of Services

We do not believe that the retention of a claims processing service will insulate a financial fiduciary from regulatory or litigation exposure. Such services are essentially limited to the mechanical function of filing claims. Unlike a claims processing service, our Class Action Recovery Group provides clients with legal representation. For example, we are available to advise clients with respect to such matters as the adequacy of class settlements, and, in some instances, whether they should object to or opt out of settlements. We are also in constant communication with Lead Class Counsel as to the status of certain cases in which our clients are class members. In addition--unlike the practices of certain claims services--all settlement checks for our clients are issued in the client's name. Finally, our advice is treated in strictest confidence under the protection of attorney-client privilege and attorney work product doctrine.

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