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Latham & Watkins

Latham wades in to Deutsche Telekom’s defence in shareholder ‘class action’ suit

Author: Sofia Lind

Published: 24/04/2008 04:05

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Latham & Watkins and specialist German firm TILP are among more than 900 firms advising on a landmark legal case against Deutsche Telekom, which reached court earlier this month (7 April).

The closely-watched case, which began in 2001 and is the first test case for Germany’s newly-introduced group action rules, sees 17,000 shareholders suing Deutsche Telekom for a reported E80m (£63m).

Latham & Watkins is defending Deutsche Telekom on the case, with former Clifford Chance litigator Bernd-Wilhelm Schmitz — now a partner with Latham in Frankfurt — leading a team of one counsel and three associates.

The US-based law firm is acting opposite more than 900 law firms representing individual claimants. They allege that Deutsche Telekom misled investors with a series of misstatements in its prospectus during its initial public offering (IPO) in 1996, which overvalued its real estate assets.

The lead plaintiff in the test case, chosen by the Frankfurt high court for having suffered the most substantial losses and being most representative, has appointed specialist law firm TILP, where partner Andreas Tilp is leading the team. TILP, which has offices in Tuebingen and Berlin, specialises in representing retail investors in large group claims.

The largest single group of claimants, which comprises around 7,000 investors, is being represented by German independent Doerr Kuehn Plueck Makki & Thoeren.

The case is expected to go on for several years with some 17 hearings scheduled for the first round alone.

The German litigation reforms came into effect in November 2005 and are designed to improve corporate accountability by making it easier for investors to pool claims against companies.

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