In US securities class action cases, a member of the class is automatically included in the class and eligible for any potential settlements if they meet the eligibility criteria included in a settlement’s Plan of Allocation. In some instances, a potential claimant may decide to exclude themselves from a settlement, or “opt-out.” There are specific opt-out dates articulated for each case. If a client chooses to pursue its own litigation against a defendant, for example, the client would need to opt-out, or they would give up the right to pursue litigation on their own.
Conversely, for international collective actions, or class action-style litigations, one must opt-in, or join the action, early in the process to be eligible to participate in any eventual settlements. This requires a more active role on the part of the investor. In the international collective action realm, Battea helps clients navigate the various options. Click here to read more about international collective actions.