FACTBOX-Lawsuits lodged over state-backed Credit Suisse takeover
* A group of investor representing a nominal $1.65 billion of AT1 bonds has also filed a claim against FINMA, arguing the writedown was an arbitrary violation of property rights and in breach of Swiss constitutional and other legal protections.
- Country:
- Switzerland
Hundreds of lawsuits have been filed over the terms of an emergency deal to save Swiss lender Credit Suisse by selling it to its bigger rival UBS, a Swiss court has said.
The 3 billion Swiss franc ($3.35 billion) rescue, hammered out over a March weekend amid turmoil in the global banking sector, upended a long-established practice of giving bondholders priority over shareholders in a debt recovery. Around 16 billion Swiss francs of Additional Tier 1 (AT1) Credit Suisse debt was written down to zero, in a shock to markets.
Law firms such as Quinn Emanuel Urquhart & Sullivan, Pallas Partners and Korein Tillery, are among those who have spoken to prospective bondholder clients about bringing claims. Shareholders are also nursing losses.
Here is a snapshot of legal action, by jurisdiction. SWITZERLAND
* A group of investors representing more than 4.5 billion Swiss francs of AT1 bonds sued the Swiss regulator in one of the largest such bondholder disputes, their lawyers Quinn Emanuel said on April 21. The case was filed in the Federal Administrative Court in St Gallen, northeast Switzerland. The regulator, FINMA, declined to comment. * A group of investor representing a nominal $1.65 billion of AT1 bonds has also filed a claim against FINMA, arguing the writedown was an arbitrary violation of property rights and in breach of Swiss constitutional and other legal protections. The case, coordinated by law firm Pallas Partners, includes more than 90 global institutional investors and asset managers and more than 700 retail and family office clients, Pallas said on May 2.
* The Swiss Federal Administrative Court said in April it had received "several hundred" claims against FINMA. It has declined to name claimants. UNITED STATES
* One of the first proposed U.S. class actions against Credit Suisse over alleged false or misleading statements pre-dates the rescue. In a case led by shareholder Braden Turner, investors alleged on March 16 that the bank failed to disclose it was suffering "significant" customer outflows and had material weaknesses in internal controls over financial reporting. Credit Suisse declined to comment. * Similar proposed class actions have been filed on behalf of shareholders.
* A proposed class action was filed in the district court of New Jersey on April 21 against Credit Suisse and five senior managers on behalf of investors who bought AT1 bonds and shares in the U.S. between Feb. 18, 2021 and March 20, 2023. The case seeks to recover damages caused by Credit Suisse's alleged violations of federal securities laws for failing to disclose customer outflows and overstating its financial health. SINGAPORE
* Credit Suisse investors in Singapore are in talks to sue the Swiss government over the AT1 bond writedown on grounds it violated a free trade agreement, the Financial Times reported. They argue the move breached protections against unfair state actions under the Singapore-European Free Trade Association signed with Switzerland in 2003. ($1 = 0.8960 Swiss francs)
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