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KTMC Plays Key Role in Dutch subprime case recovering $1.5 billion for Plaintiffs in the largest settlement in Europe to-date

July 17, 2018

In a case arising out of the subprime mortgage crisis, on behalf of a large group of institutional investors, we sued Fortis Bank, N.V./S.A. (Fortis) and its successor companies BNP Paribas and Ageas N.V./S.A. for fraud in connection with the company’s failed 2007 attempt to acquire Dutch bank ABN Amro Holding N.V. (ABN Amro).  Specifically, our clients claimed that Fortis misrepresented the value of its collateralized debt obligations, its exposure to subprime-related mortgage-backed securities, and the extent to which the decision to acquire ABN Amro jeopardized its solvency.  After the acquisition failed, Fortis encountered financial difficulties and broke up in the fall of 2008. Its investors lost as much as 90% of the value of their investments. Our lawsuit survived rigorous jurisdictional challenges in the Netherlands Court of Appeals, and proceedings on the merits were pending when we were able to successfully negotiate a $1.5 billion multiparty settlement (including other plaintiff groups in the Netherlands and Belgium). The settlement was approved by the Court of Appeals in Amsterdam in July 2018 and represents the largest investor recovery in Europe to-date.