NRW Consulting LLC

When value erosion has been caused by corporate misconduct or fraud within an investee company, there are established and effective remedies for restitution. One of the most successful recourses is collective redress through group or class actions. Institutional investors have successfully used this option around the world to recover significant sums on behalf of beneficiaries.

With diverse global investor portfolios, institutional investors may need to consider class actions in multiple countries. Therefore, pursuing claims through class actions, direct actions, shareholder derivative actions, and/or funded group actions offers the opportunity to, on a de-risked basis: hold wrongdoers to account, influence corporate conduct and governance, or potentially institute corporate governance reform.

There is an unprecedented focus on the fiduciary duty of institutional investors to act in the best interests of their beneficiaries when it comes to selecting investments and monitoring investee companies. This stewardship can extend beyond preserving and delivering value for beneficiaries to recovering lost value of investments. NRW Consulting’s Noah Wortman has worked with institutional investors across the world to find global shareholder litigation solutions for over twenty-five years.

As part of fulfilling their fiduciary duty, institutional investors should be recovering portfolio funds lost in public securities due to corporate mismanagement and/or fraud. The common avenue for such recovery (particularly for US market listed investments) is through class action litigation, resulting in substantial annual payouts to defrauded investors, totaling billions of dollars. However, when settlements are reached, institutional investors often entrust their custodians to file claims and retrieve the funds on their behalf. Unfortunately, this approach frequently leaves these institutions at a disadvantage, as more savvy institutional investors tend to seize opportunities and benefit from unclaimed funds that others, relying solely on their custodians, may overlook.

NRW Consulting works with global institutional investors to plan and develop a robust portfolio monitoring and claims recovery process. NRW Consulting’s Noah Wortman was Global Head of Class Action Services and Managing Director, Americas for a pioneer in the third-party class action claims filing industry. As result, NRW Consulting brings invaluable “in the trenches experience” crucial to implement a successful class action claims recovery program. Whether institutional investors prefer a proactive approach or opt for a reactive stance when a case is settled, NRW Consulting has close relationships with the major third-party claims filing service providers and the class action law firms who litigate these cases. This not only proves advantageous for an outsourced strategy but also facilitates the development of an insourced plan.

Antitrust claims are generally brought to challenge a certain business deal or practice that has a harmful impact on competition The fundamental concept is that fostering a competitive market is ultimately more advantageous for both businesses and consumers than allowing one or a few entities to monopolize the space.

Various procedural and substantive challenges may emerge in these types of claims. Issues encompass factors like whether the claim seeks damages or an injunctive remedy, and if it stems from a competition law infringement identified by a regulatory authority (“follow-on claim”) or an alleged but unestablished infringement by a regulatory decision (“stand-alone claim”).

NRW Consulting collaborates with a global network of top-tier law firms and litigation funders specializing in the effective initiation and successful litigation of competition and cartel claims in jurisdictions around the world whether it be via a class/group litigation or bringing a direct claim when an institution or company has particularly high damages.

Consumers frequently bear the negative consequences of corporate misconduct, especially in cases involving deceptive advertising, faulty products, and breaches of data or privacy. By utilizing class action litigation, consumers can leverage economies of scale to address corporate wrongdoing and secure redress for all individuals affected by the harm.

NRW Consulting works with law firms and litigation funders to develop and organize consumer class and group litigation in jurisdictions across the globe. Particularly, in aiding parties to navigate unfamiliar jurisdictions and systems of collective redress and bringing together the necessary pieces of the puzzle and teams to prepare a claim to be filed.

Increasingly over the last fifteen years, legal finance, also referred to as litigation finance or third-party funding, has evolved into an important resource for astute corporations, progressive law firms, and sophisticated claimants. It enables them to effectively navigate the increasing costs associated with commercial litigation and arbitration, while also maximizing recoveries and mitigating risks. Importantly, it has leveled the playing field for claimants in class and group litigation across the globe (particularly outside the US).

NRW Consulting works with law firms and prospective claimants in seeking litigation finance solutions including introductions and evaluating offerings when making decisions as to how to proceed for a given case. NRW Consulting’s Noah Wortman has spent many years working alongside many of the world’s leading litigation funders on large, complex collective redress claims brought and funded in numerous international jurisdictions.