Corporate governance – Page 9
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Special ReportColorado fire and police settle with Cognizant
In August 2021, Fire and Police Pension Association Colorado (FPPA), alongside other plaintiffs, reached a settlement with Cognizant Technology Solutions Corporation for $95m (€88.7m).
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Special ReportUSS settlement with Petrobras and PWC Brazilian subsidiary
In February 2018, the Universities Superannuation Scheme (USS) reached a settlement with PWC’s Brazilian subsidiary as part of a class action lawsuit against Petrobras.
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Special ReportDouble-edged benefits of litigation financing
European pension funds have become familiar with class action litigation, often tying it in with their fiduciary responsibilities as shareholders. Cases against UBS regarding its takeover of Credit Suisse; EY as auditor of fraudulent German payments firm, Wirecard; and Silicon Valley Bank, which collapsed in March, are the headliners of 2023.
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Opinion PiecesSuper funds voice corporate governance concerns with Australian business
At its recent annual general meeting in Melbourne, Qantas, Australia’s national carrier, was lambasted by irate shareholders over a litany of grievances, not least the role of chairman Richard Goyder and the board over what shareholders saw as the mismanagement of the airline.
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Special ReportClass actions by European investors on the rise in the name of good governance and fiduciary duty
Deepwater Horizon, Volkswagen (Dieselgate), Wirecard, Silcon Valley Bank and Credit Suisse are recent, high-profile examples of corporate wrong doing resulting in losses for investors. As stewards of retirement savings and guardians of beneficiaries’ interests, it is only natural that pension funds should scrutinise the investments they are making – or outsourcing to asset managers to make – on their members’ behalf. This is a central plank of fiduciary duty.
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Special ReportEuropean pension fund class actions take off on a steep learning curve
What positive developments can we report relating to class actions in UK and European pension funds? What regulatory challenges still need to be overcome to facilitate (for instance, simplify) the environment for class action by UK and European institutions? Where are the key gaps in knowledge among pension funds?
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Special ReportClass actions: Is Europe catching up with the US?
Europe’s institutional investors are latching on to the rewards of joining class actions against investee companies. Many of these are securities lawsuits, pursued when a publicly listed company has not properly disclosed or has misrepresented significant information, affecting the share price when the truth emerges. But so far, the vast majority of these have been in the US. In 2022, nearly $4.9bn (€4.6bn) was recovered in the US courts, according to Institutional Shareholder Services. So, what about class actions in Europe? “The US has had a class action system for over a hundred years that can be adopted for almost every cause of action, whereas the UK has only had class actions since 2015 and it is only available for competition cases,” says Harry McGowan, partner in the securities litigation department at law firm Stewarts.
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Special ReportShareholder class actions in Europe: the benefits and risks of participating
Litigation outside the United States, and in particular in Europe, has been on the rise since the US Supreme Court’s landmark 2010 decision in Morrison v. National Australia Bank. In Morrison, the US Supreme Court ruled that “foreign” (non-US) investors cannot bring federal securities lawsuits in US courts to recover investment losses relating to foreign-issued securities traded on foreign exchanges (known as “F-cubed” claims). As former Justice Antonin Scalia explained, the concern was to prevent the US from becoming “the Shangri-La” of class-action litigation for lawyers representing those allegedly cheated in foreign securities markets. Although federal courts have since struggled to apply Morrison’s effect test consistently, it is clear, more than 10 years later, that the decision has had its intended effect.
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Special ReportManaging risk in securities class actions
Securities class actions (SCA) are a form of collective redress. Shareholders seek compensation for losses suffered as a result of some form of corporate misconduct. They rely upon free market forces, its rules, regulations and factors affecting market price. For professional shareholders such as institutional investors, it is best to look upon any involvement with SCAs as another form of investment yielding a potentially, significant return in future. The duties of any institutional investor – whether as a fiduciary or otherwise – is to focus on what is in the best interests of the fund and its beneficiaries. It does not require the expenditure of more money (or the value of management time) than is likely to be received. What is necessary is the consideration of the issues and the management of risks.
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Special ReportBuilding a class action toolbox for investors
As class actions have started to play an increasingly important role in good governance for UK and European pensions funds, the need to establish best practice in the field is growing.
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Special ReportAP7 notches up legal success against Kraft Heinz
In May 2023, Sweden’s AP7 fund recorded a significant victory for Swedish and other investors when US food giant Kraft Heinz agreed to settle a class action lawsuit for $450m (€421m).
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NewsAcademic slams NBIM CEO backing of BlackRock gender research
London Business School professor accuses NBIM leader of spreading misinformation with social media post about ‘seriously flawed’ BlackRock gender diversity report
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NewsSwiss scheme expands exclusion policy to oil and gas companies
The pension fund has 439 companies on its exclusion list as of September this year
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AnalysisTrust will matter in light of market dominance of UBS in Swiss institutional business
One of the most important aspects of the downfall of Credit Suisse and the subsequent takeover by UBS is that loss of trust comes at the highest possible cost
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InterviewsLabels proposal about ‘lowering expectations where they were too high’, says PRI’s Fabian
‘Everyone in the sustainable finance industry knows there’s a problem with not being clear enough’: Fabian on updating the PRI’s member expectations
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NewsPRI pushes for ESG clarity axing reporting rules, asking members to pick motivations
UN-backed body plans to overhaul its expectations from members in response to changing responsible investment landscape
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NewsESG and climate change ‘at the core’ of PPF stewardship strategy
‘The focus on understanding long-term material risks and opportunities has continued unabated,’ says PPF CIO
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NewsChurch Commissioners for England boosts responsible investment activity
‘Our integrated approach to responsible investment aims to affect real change in the wider economy,’ says First Church estates commissioner
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NewsInvestors call on European Commission to outline clear social impact investment rules
A clear definition of ‘social investment’ is still missing, a gap that hinders social impact investments, investors warn
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NewsAP3 sets out framework to eye impact of countries, firms on human rights
Swedish pensions buffer fund says mission to be a responsible owner means it does invest in companies and sectors with high risks regarding human rights
