2019 was not a quiet year for litigation.
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«2019 was not a quiet year for litigation. Across a range of areas, from climate change disputes to securities cases to antitrust litigation, many of the world’s largest companies were on the defensive against high-value claims brought by states as well as corporates. This, along with higher fees around the world, has meant that litigators have been making hay. Two kinds of litigation are especially worthy of note: climate change litigation and securities litigation. The latter is being given particular shape by US investors bringing cases in European jurisdictions as a result of “F-cubed” cases (where foreign investors sue foreign issuers trading on foreign exchanges) not being welcome in US courts. The Netherlands is increasingly seen as a potentially strong jurisdiction for such cases, especially in light of the Fortis case (approved by the Amsterdam Court of Appeals in 2018) that saw €1.3 billion awarded to shareholders. Indeed, the Netherlands is also likely to be a strong jurisdiction for climate change litigation in Europe: in December 2019, the Dutch Supreme Court upheld the 2015 decision in favor of Dutch NGO Urgenda that obligated the Dutch government to take action to cut the Netherlands’ greenhouse gas emissions by 25% by 2020 (compared to 1990 levels). Nonetheless, the US is far eclipsing all other jurisdictions in the sheer volume of climate-related cases brought there – so far, well over a thousand...»
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