Press and Publications
NEW YORK January 29, 2010 — The jury verdict in a securities fraud class action trial against Vivendi S.A. will entitle investors to recover as much as an estimated $9.3 billion, or €6.6 billion, according to attorneys for the plaintiffs.
The case was filed in 2002 and has been on trial in federal court in New York since October 5, 2009. The class includes persons from France, the United States, England, and the Netherlands who acquired Vivendi securities during the period October 30, 2000 to August 14, 2002. Plaintiffs alleged that defendants concealed the company’s true liquidity risk during the class period, and investors suffered losses resulting from a liquidity crisis in mid-2002.
“This verdict shows that deserving investors can get just compensation through class actions, even against the strongest opposition. Very few of these cases go all the way to trial, and we are gratified at the outcome,” plaintiffs’ attorneys from the New York law firms Abbey Spanier Rodd & Abrams LLP, Milberg LLP, and Browne Woods George LLP said in a joint statement.
The lead plaintiffs in the case were the Retirement System for the General Employees of the City of Miami Beach and several individuals. Gerard Morel, a retiree from Caen, France, who testified at the trial, commented: “I am particularly proud that French shareholders were included in the class. It is a victory for investors everywhere.” Rick Rivera, pension administrator for the Miami Beach retirement fund, stated: “This case shows that pension funds can play a positive role in making sure the stock market is free of fraud and is fair for all investors.”
The verdict was issued on a “per-share” basis. The total recovery amount is based on an analysis by plaintiffs’ economics expert assuming all class members submit claims. The amount includes prejudgment interest that may be added by the court. Class members’ entitlements will depend on a number of factors, including their purchase and sale dates. A claims procedure, under supervision of the court, will be announced and publicized after the outcome is finalized.
