On November 6, 2008 a class action, was filed on behalf of persons who purchased Lehman Principal Protection Notes (PPNs) from UBS Financial Services, Inc. Following Lehman Brothers’ bankruptcy filing on September 15, 2008, PPNs are now in default causing the holders of PPNs to become senior unsecured creditors in the Lehman bankruptcy proceeding.
Aidikoff, Uhl & Bakhtiari recommends investors consider all of their legal options in the wake of Lehman’s bankruptcy and the filing of the PPN class action.
“Investors should be aware of the pending class action,” said attorney Ryan K. Bakhtiari of Aidikoff, Uhl & Bakhtiari. “The class case has certain pitfalls that investors need to be aware of in selecting an attorney. In our opinion, most investors will fare better by filing individual arbitrations.”
Important Facts to Consider Prior to Joining A Lehman Principal Protection Note Class Action
• The pending Lehman Principal Protection Note class action Class Period is between May 30, 2006 and September 15, 2008. Investors who made purchases prior to May 30, 2006 are not represented and will have no right to recovery in the Class Action.
• In the case of Lehman Principal Protection Notes, many investors sought safe, liquid, cash investments but were sold a product that was, in reality, much different. Such investors will have viable claims based on the investment's unsuitability. Because a suitability claim is dependent on an individual’s circumstances, this claim cannot be prosecuted on a class wide basis.
• Investors with significant losses in PPNs are unlikely ever to be made whole in a Class Action. Class action representation may be attractive where individual losses are small so that any one investor may not have an economic interest in pursuing the case. However, investors who have lost more than $100,000 should strongly consider pursuing their rights on an individual basis.
• Class actions are filed by attorneys seeking to represent all investors who have suffered a common wrong or purchased the same investment. Classes in securities cases are typically represented by the investor with the largest claim at stake. This often means that state pension funds or institutional investors will choose the attorneys and will be the ones who work on the strategy of the case. The interests of the class representative may not always be aligned with your interest; a specific example of this potential conflict is the inability to pursue suitability claims.
• Class actions sometimes create hurdles to recovery for individual investors including depositions and motion practice which are generally not permitted in securities disputes decided before FINRA. The FINRA arbitration process can be completed in approximately 12 months, recovery through a class action may take several years.
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