Every year class action settlements worth billions of dollars are reached in securities & antitrust class action lawsuits. It is estimated that less than 30% of institutional investors regularly file settlement claim forms to participate in these settlements. Not only could that mean millions of dollars per year in unrecovered assets, there is the potential for huge compliance exposure to funds for not meeting their fiduciary responsibilities to claim such monies legally owed to their funds.
To help you recover your share of class action settlements, and comply with your fiduciary responsibilities, DIH offers a class action lawsuits data & claims management service. You may pick and choose which of our services you need.
DATA — We provide data, updated daily, on class action lawsuits and settlements from Australia, Europe, South America, North America and Asia. These files include the following for each class action:
Security ID numbers
Class period dates and trailing buy/sales period dates
Exclusion, objection and lead plaintiff deadlines
Claims filing deadlines
Description of the lawsuit and settlement
Plan of Allocation
Downloadable claim forms
Claims Administrator contact information
Class Counsel contact information
CLAIMS FILING — We also help you file settlement claims by:
Gathering your trading data.
Searching your trading records to determine settlement eligibility.
Preparing and filing the trading data in the case specific electronic filing format.
Filing the proof of claim forms and supporting documentation with the claims administrator.
Calculating the recognized loss for each claim under the Plan of Allocation for each settlement.
Verifying that your proof of claim forms have been received by the claims administrator.
Handling all correspondence or follow up action with the claims administrator to complete your claims.
Providing online reports to you on the claims that have been filed.
Verifying that the settlement payments are correct and allocating the payments as you direct.
INTERNATIONAL ACTIONS — Since a 2010 Supreme Court decision in the USA regarding securities class actions, many non-USA jurisdictions have adopted new laws and procedures, resulting in a sharp rise in the number of non-USA actions for securities fraud. These non-USA actions are significantly different from USA actions. So we offer assistance to help you navigate the field of non-USA class actions and group/collective actions by:
Gathering your trading data and preparing it for submission for the non-USA action.
Coordinating with non-USA legal counsel, litigation funders and investor foundations in the various jurisdictions.
PORTFOLIO MONITORING — By providing detailed updates each day of class action lawsuits and settlements, we can help you decide whether to pursue a lead plaintiff opportunity in newly filed class actions. We can also give you reports on all newly filed class action lawsuits with your funds’ market losses calculated under LIFO and FIFO. We even can work with you and independent outside counsel to help you reach the appropriate decision.
CLASS ACTION OPT OUTS — Should you participate in a class action, or to opt out and pursue a private lawsuit? We work with several of the leading securities litigation law firms to provide independent, conflict free case evaluations to you. To assist you in deciding whether to pursue a private lawsuit, the service includes:
Preparing a report with market losses calculated under LIFO and FIFO
Acting as a buffer between you and outside counsel
Providing ongoing support throughout the litigation
SECURITY — The security and confidentiality of your data is our highest priority. Here is an overview of our security precautions:
All of your data and information is managed and claims processed in a SOC1-SSAE 16 Type II (formerly SAS 70 Type II) certified system and data centers.
The system and data centers undergo an annual penetration testing and security audit performed by an independent third party security firm.
All networks and affiliated systems are designed, implemented and maintained in accordance with industry-recognized best practices as set forth in ISO 27001.
A “defense in depth” strategy has been employed to minimize exposure due to the failure of one safeguard.
Access is severely restricted to the system and the Principle of Least Privilege is applied so that processes and users are only able to access information and resources necessary to their legitimate purposes.
Remote access to the servers is prohibited.
All data transfers to the system are encrypted and done by SFTP.
Finally, you may access the system via a unique and secure log-in that provides efficient access to settlement information, claims tracking and on-demand reports.
Coverage: Our class action lawsuits service covers lawsuits and settlements from Australia, Europe, South America, North America and Asia.
History: Depends on the country, but as far back as 2003.
Updates: Data is updated daily, with new data available within 24 hours (often 12 hours) of the company filing its Form 10 with the SEC.
Delivery: Data may be received either by ftp download or via email in CSV or PDF format. Two (2) files are delivered, one for notices of new lawsuit filings, and a second for notices of settlements.
Pricing: Data costs depends on several inputs, including:
For which countries or companies do you want data (the complete data set, or a specific list of companies)
How much history do you want
Do you want updates going forward
Is the data for internal use only, or do you wish to redistribute any of the data
If you need assistance managing settlement claims & recovering settlements for non-USA lawsuits, we’ve found it’s better to have a quick conversation first. You can ask questions, we can explain all of your choices, and then we can quote you a price for exactly what you want