International Litigation: How to File a Lawsuit Against a Foreign Investment Advisor : International Business Law Advisor

I was recently contacted by a client who lost several million US dollars due to negligent investment advice. Because the firm is based overseas, the client did not know what to do. Unfortunately, this scenario has become all too common in the wake of the global financial crisis.

Whether your claim is against an institution based in the U.S., the EU or elsewhere, you have a number of options. I will very generally touch on them below.

Many wealthy investors rely on foreign investment advisers who are typically employed by international financial institutions.

Unfortunately, as a result of the global financial crisis many investments advisers understated the risks involved with – for example in structured products linked to stock market indices.

Almost all legal systems have a concept of negligence, which would make a financial adviser potentially liable if the quality of their advice fell below that to be reasonably expected, causing loss to a client.

Your adviser is also very likely to be subject to local financial regulation and supervision that might include compensation schemes. But where these options are not available locally, or have proved unsatisfactory, your only option might be to sue.

[continued] International Litigation: How to File a Lawsuit Against a Foreign Investment Advisor : International Business Law Advisor.

Inspector General Report: Investigation of the SEC’s Response to Concerns Regarding Robert Allen Stanford’s Alleged Ponzi Scheme

REPORT OF INVESTIGATION
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
OFFICE OF INSPECTOR GENERAL
Case No. OIG-526
Investigation of the SEC’s Response to Concerns
Regarding Robert Allen Stanford’s Alleged Ponzi Scheme
March 31, 2010

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An Inside View of Wilson Sonsini’s Fabled Investment Fund

When John Roos left Wilson Sonsini Goodrich & Rosati in August to become U.S. ambassador to Japan, he was forced to leave behind his stake in the law firm's famed investment fund, WS Investment Co.

In the dot-com heyday, when the fund returned more than the annual salaries of some partners, this might have been a painful exercise. But in recent years, with the slowing economy, the hauls have been less spectacular.

Roos, who was CEO at Wilson Sonsini, was paid $2.37 million in salary and got $113,000 from WS Investment in 2008. That stands in stark contrast to the nearly unbelievable returns in the dot-com boom. In 2000, an average equity partner was paid $930,000 by the firm, while getting $1.3 million worth of stock distributed by WS Investment thanks to the blockbuster initial public offerings of companies like Juniper Networks Inc. and Avanex Corp.

Wilson Sonsini's fund, which the firm uses to invest in promising tech clients, is a thing of Silicon Valley legal lore. There are stories from the boom — when WS turned a $500,000 investment in Brocade Communications Systems Inc. into a $30 million paper profit — of litigation associates switching to become corporate lawyers so they could get a bigger stake in the firm's investments. And there is the never-dying debate about whether such a fund creates a conflict of interest for the law firm because a lawyer's judgment could be swayed by his investment interests in the client's eventual IPO.

Public disclosures Roos was required to make as an ambassador, and other documents reviewed by The Recorder, unveil the numbers behind the myths. These documents, combined with interviews with former and current Wilson Sonsini partners speaking on the condition of anonymity, give a much fuller picture of the law firm's investment fund.

The fund was in the right place (Silicon Valley) at the right time (the late '90s), with partners making prescient investment choices from among its clients, the cream of the Valley's fast-growing startups. Witness the $72,000 investment in Google Inc. that, a year after the company went public, was worth nearly $28 million. But with the fund's returns in recent years reflecting the so-so to poor performance of the broader market, the question is: Is it still worth it?

[continued] Law.com – An Inside View of Wilson Sonsini’s Fabled Investment Fund.