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August 8, 2008

Class Actions on the Rise:Which ones top the list?

Analysis of: ARS collapse giving rise to class-action lawsuits | www.financialweek.com
This analysis is solely the work of the author. It has not been edited or endorsed by GLG.
Analysis By:
Martin Alpert, Claim DirectorMartin Alpert
Claim Director, CAMBRIDGE INTEGRATED SERVICES GROUP INC
Implications: As the economy struggles, class actions rise!ARS class actions have felt a surge with the sub-prime problems!

Analysis:      ARS & sub-prime class actions are leading the in the increasing number of class action suits.  While the exact types of class actions & specific number involved seems to vary, depending on various methodologies, the overall rise is clearly significant.  Some numbers have been as high as 25% since 2007.  The struggling economy has certainly been at least one explanation for the surge in class actions, including security class actions.http://www.investmentnews.com/apps/pbcs.dll/article?AID=/20080729/REG/78748107/0/TOC
Banks are not only being sued by ARS holders, but by its shareholders.  The sub-prime issues have played a role in these numbers but auction rate securities remain a large piece to this puzzle. http://news.medill.northwestern.edu/chicago/news.aspx?id=85603 Importantly the dollar involved in average settlements, even with the rise in the number of suits, has dropped significantly.  Some analysts have speculated the as much as 50% average settlement reduction is due to somewhat less than meritorious filings, but many actual litigators know its the increasing cost of litigation & the need for cash.  Until the requirements for a class action filing are refined, expect a continued increase.  Thank some of this to 911, Enron, Worldcom, Tyco, Sarbanes Oxley & Corporate Governance. Consequently, even if the economy bounces back the number of class actions is likely to continue to increase.

Other Analyses of the Same Source Article:
ARS class actions have no class
September 12, 2008, Author: Duncan MacDonald, Consultant, Duncan McDonald
Litigation Risk and Exposure with New Class Action Law Suits
August 11, 2008, Author: GLG Expert Contributor

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