Securities Litigation in EMEA Comes of Age: Your Guide to Complex EMEA Securities Litigation

Navigating the complex and increasingly active securities litigation landscape across Europe, the Middle East, and Africa, remains a thorny challenge for investment management operations teams. Unlike North America, where virtually all investors passively await settlements, EMEA is characterised by active litigation, frequently confidential settlements, and the fact that many jurisdictions in EMEA are still grappling with fundamental questions regarding claims mechanisms, passive investor rights, and litigation funding.

This white paper – ‘Securities Litigation in EMEA Comes of Age’ – is a must-read for data and operations teams at investment management firms. Participating in EMEA actions is vastly more complex than the administrative filing process familiar in North America: due to the active nature of litigation, investors face significant hurdles, including the potential for ‘loser pays’ rules (requiring insurance policies in countries like the UK) and onerous documentation and effort compared to North America or Australia.

This white paper arms your teams with the information to get their bearings and determine whether they may wish to explore taking an active role in these jurisdictions.

By reading this report, you will learn:

• The key distinctions between the administrative, post-settlement claims process in North America and the active, often prolonged litigation required in EMEA.
• Why the Netherlands, the UK, and Germany are arguably the most important jurisdictions for securities litigation in EMEA, based on the number and size of recoveries.
• How critical differences in legal principles, such as ‘reliance’ (which varies from the US-like presumption in the Netherlands to requiring individual proof in the UK), can impact claim viability.
• The tactical measures defendants employ – such as persistently challenging CEO authority, requesting board minutes, or questioning the asset manager’s group structure – and how to prepare the necessary documentation to counter them.