Pensions & Investments Publishes Analysis by Dave Kaplan Discussing Foreign Litigation Challenges and Best Practices

January 7, 2013

On January 7, 2013, Pensions & Investments magazine published an article principally authored by BLB&G partner Dave Kaplan discussing the significant practical challenges and legal questions that arise when seeking to recover assets lost to fraud on international equities and securities purchased outside the U.S.   

The article, entitled, “Concerns rise with foreign litigation,” reviews the legal developments contributing to the increasing interest in pursuing foreign litigation by institutional investors.  It also outlines the risks and logistical and strategic considerations associated with foreign litigation.

The authors contend that while foreign litigation may be one of the “only viable options” available for investors seeking to recover securities fraud damages on foreign exchanges, institutional investors must be especially selective in the cases they choose to pursue.  Among other issues, institutional investors need to take into account the different laws concerning litigation fee arrangements in foreign jurisdictions, the significant logistical and language barriers that make monitoring the actions more challenging, and the experience and retention terms of legal counsel.

Mr. Kaplan prosecutes direct and class action securities, derivative, and general business litigation.

Download: Click here to read the full article. (PDF 77.50 KB )