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Asset Services. Class Action Survey Results. Bill Salva. Methods/Sources Used to Learn of Class Action Events. Outsourcing Firms Xcitek (3) Risk Metrics (3) ADP (1) ISS (1). Data Feeds Xcitek (10) ISS (5) Risk Metrics (3) SCAS (2) LENS (2) CDS (1) Magenta (1)
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Asset Services Class ActionSurvey Results Bill Salva Confidential
Methods/Sources Used to Learn of Class Action Events Outsourcing Firms Xcitek (3) Risk Metrics (3) ADP (1) ISS (1) Data Feeds Xcitek (10) ISS (5) Risk Metrics (3) SCAS (2) LENS (2) CDS (1) Magenta (1) Class Action Alert (1) IDC (1) Governance Analytics (1) Confidential
What Area HandlesSecurities Related Class Action Events? • Re-Org/Corporate Actions 25 • All Others 10 • (no other answer had more than 3 responses) Confidential
How Do You Perform theRecognized Loss Calculation? Outsourcing Firms Magenta (1) Claim Administrators Handle (2) Confidential
How Do You Notify Eligible Class Members? Outsourcing Firms Claim Administrators Handle (5) Broadridge (1) Diversified Global Graphics (1) Confidential
How Do You File Claimson Behalf of Eligible Class Members? Outsourcing Firms Claim Administrators Handle (2) Confidential
How Do You Track/Collect/AllocateClass Member Settlements? Outsourcing Firms Claim Administrators Handle (2) Confidential
What Causes You the Most Headaches? Confidential
Additional Needs Outside Firms are Not Meeting • Locating closed account forwarding information. • Some do not accept electronic filing submissions. • Some firms are not set up for wiring proceeds back to our firm. • Standardization of electronic filing formats. • Retrieval of historical position and cash transactions. • Electronic distribution of information to clients. • The claims administrators rarely provide cusips on the claims notices which makes finding our clients that would be a part of the class that much more difficult. • Single settlement wires are not being received from all administrators. • The biggest issue related to class actions include: 1. determining who is part of the class 2. gathering the info from our books and records to provide the required information to the claims administrator or third party vendor 3. Assisting and or filing on behalf of clients in a way that is cost efficient and adds value to the customer Confidential
Role of DTCC regarding Class Action Processing • Advocate for Industry Standards • Using its influence to help drive change to make class action processing easier for its member banks. • There is a lack of consistency when it comes to class actions. Each claim administrator has their own way of doing class actions and paying them out. Some do not provide internal account numbers when proceeds are received. We receive thousands of checks in the mail every year, without knowing if we received them all, where some lost, did some accounts not receive a pay out, etc. All of it needs to be streamlined for better, easier processing. • 1) It would be nice if info submitted for claims was in a standardized format among Claims Administrators. 2) It would be great if funds were rec'd in one payment instead of hundreds of checks. 3) Any help with tracking would be helpful • Assist in facilitating industry standardization and notifications (including CUSIP numbers) • Providing a forum form industry participants to share ideas • Facilitating industry standardization of class actions. • If DTCC could take on the responsibility to standardize all class action requests, including the announcements of these, the class rules and the filing details that would be helpful. • Litigation settlements in stock should utilize the DRS process and not physical certs. Confidential
Role of DTCC regarding Class Action Processing • Processing Solutions • DTCC should provide and process class actions as they do for all other CA events. DTCC should be the one source for CA events end to end. • Informing, filing, keeping track of the settlement - paying the settlement to the clients • Centralized entity to compile data, file claims for participants, track rejected claims and administer payments (more aligned with corporate action activities). • Ideally providing a service to process the claim, track entitlement and process payments. • A possible source for finding information about past and present class actions. (what cusips were involved, what the class period was, and what claims administrator handled the case. • The RiskMetrics Group has a really good product. I would like to see DTC develop a similar product. Such as -Comprehensive database of securities litigation and settlement data -Notification, tracking and claims filing services • Event notification, providing materials, and processing payouts through DTC. • Submitting claims. Collecting settlement proceeds, including cash and securities using cash settlement. Follow up with the customer detail. Confidential
Role of DTCC regarding Class Action Processing • Announcements • Augmentation of the announcement process • Notifications of class actions. Links to Claims administrators. Processing and paying proceeds on C/A. • Provide the info would be nice • Continue to load the lens system and make the documents available through lens. Continue the alert emails. • Providing notifications. • Notification of new class action events. Confidential