Investor Losses A Comparative Legal Analysis of Causation and Assessment of Damages in Investor Litigation

by Vandendriessche, Elke

• ISBN13: 9781780683034
• ISBN10: 1780683030
• Edition: 1st
• Format: Hardcover
• Copyright: 2015-08-06
• Publisher: Intersentia

Summary

This book focuses on private enforcement of investor protection rules in Belgium, the Netherlands, Germany, France, the UK and the USA. It examines whether and to what extent investors can claim damages for losses incurred following breaches of specific investor protective rules contained in EU capital market law. The author concentrates on the difficulties and problems in assessing causation and loss. She particularly focuses on those protective rules aimed at empowering investors to assess the variety of investment products and strategies and enabling them to make wellinformed investment decisions, with or without the professional assistance of financial service providers. Analysing the difficulties investors encounter to recover losses following misleading disclosures to the market, incomplete or inaccurate financial advice or improper asset management, it was established that the notions causation and recoverable loss lack consistency and coherence. Hence, this book formulates practical and useful solutions to the evidential and/or conceptual problems investors encounter in seeking remedies for their alleged losses.

Author Biography

Elke Vandendriessche is an associate with Cleary Gottlieb since 2014. She holds a PhD in financial law (Ghent University School of law), and received an LL.M degree from the University of Chicago. She obtained her first degree in law, summa cum laude, from the Ghent University School of law in 2008. Elke is also a lawyer at the Brussels Bar.