The IP Settlement Recovery service takes on all tasks relating to identifying, preparing, filing, challenging and verifying settlement claims. It has been designed specifically to accommodate the various quirks and inefficiencies in the settlements system, to be financially productive for clients. We run client claims as assets and ensure that they return the maximum value; this approach significantly enhances the revenue returned to our institutional investor clients.
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Our services have been developed to cover the entire investor action landscape, providing both Shareholder Action Services and Non-Shareholder Action Services.
Shareholder action services
Non-shareholder action services
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Settlement Recovery
Read more....Institutional investors around the world continue to miss out on their full financial recovery from settlements in the US and other Opt-Out jurisdictions by not having a sufficiently robust recovery service in place. In doing so, they leave billions on the table, money that only gets re-distributed to other eligible investors.
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Opt-In Litigation
Read more....The IP Opt-In Litigation service ensures that clients have full and unbiased information on all their options as well as independent advice as to how they should (or should not) proceed. We have particular experience and expertise in navigating the Opt-In investor action landscape for and with our clients, whilst ensuring that they stay fully in control of their legal decisions at all times.
Opt-In investor litigation around the world has mushroomed over the last decade. Investors today are faced with numerous high-profile cases across jurisdictions to consider. To see financial recovery they must choose between competing actions, each with distinct strategies, legal teams, structures, risks and costs.
With cases marketed actively and sometimes aggressively by funders, law firms and others commercially interested, it can be a hard task for investors to ensure they have the full picture, undertake the necessary due diligence, choose the right case (if any) and minimise the risk and cost of participation.
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Gap Analysis
Read more....The IP Gap Analysis service identifies every shareholder action that has impacted a client over the requested period, corrects Opt-Out settlement claims that were missed and can still be rectified, and alerts the client to every Opt-In action around the world where a client may still participate and recover from any future financial recovery.
As more attention is given to the shareholder action arena and investors’ responsibilities in this area, many wonder if their current shareholder action system is actually fit for purpose and they are meeting their obligations. On closer inspection, institutional investors realise far too often that they may only be recovering a fraction of what they should be and are not hearing about many Opt-In cases in particular.
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Appraisal Rights
Read more....The IP Appraisal Rights service monitors appraisal rights opportunities and identifies where a client may wish to seek an independent determination of fair value, rather than accept the offered deal price in an acquisition, by exercising its appraisal rights. We compare options available and guide the client through the evaluation and selection process.
Appraisal rights cases, where minority shareholders seek fair value for their shares when the company invested in is acquired, are becoming much more common place in certain jurisdictions. Appraisal rights cases can be a low risk, non-litigation route to adding value and are becoming a more popular form of shareholder activism – or investment strategy. Like Opt-In shareholder cases they require action within a specified period and evaluation as to whether it is the right course of action.
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Case Evaluation
Read more....The IP Case Evaluation service provides investors with an independent and objective review of all relevant cases on offer by industry experts, with a clear recommendation as to which case IP clients should join and why.
Litigation funders and law firms’ enthusiasm for bringing Opt-In shareholder actions continues to grow. Competition brings positives – keener fees, better terms and better cases overall, but not every case will meet its book-build and proceed – and cases are not created equal. Different jurisdictions, strategies, legal teams, costs structures and risks are inherent in different cases and produce different results. It is vital to pick the right case, not just join any case, but how to do this has presented investors with a new challenge.
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Direct Actions
Read more....The IP Direct Action service alerts clients to situations where they have a particularly significant loss and bringing a private action may be desirable, comparing the options available and guiding the client through the selection process and beyond.
Increasingly, investors who hold significant positions in companies where a class action has been filed in the US also look to explore other legal options, namely opting out of the class and bringing a private individual or “direct” action to recover losses. Direct actions can considerably increase financial recovery from the class action, can include claims not brought by the main class and can sometimes be run more privately than the class action.
Non-shareholder action services
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Financial Antitrust
Read more....The IP Financial Antitrust service monitors group financial antitrust cases and settlements around the world. The services generally mirror our Shareholder Action Services though there may be an additional eligibility determination layer at the outset, depending on the case or settlement eligibility.
A spate of financial scandals and breaches of US federal antitrust laws and the US Commodity Exchange Act has resulted in a number of high value US class action settlements. Law firms and funders in other jurisdictions have started to bring similar financial antitrust claims, some of which have received a lot of press attention, but many cases, particularly those outside of the US, do not gain the same attention and can be very hard for institutional investors to track. Eligibility can also be tougher to prove and the recovery processes harder to navigate.