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Thursday, June 24, 2021 6:28:01 PM
But, I will share what I think might be the case for the breach. Maybe, the failure to file the guarantee claim? Or just recently with ECAPs and LBIE getting paid that they should have done something more knowing it will get the trust money?
Maybe, they failed their fiduciary duty by knowing the Neuberger transaction happened and still agreed on classing the CTs in 10B? All those alternatives, resulted in losses for us. This is a class action on the breach of fiduciary duty. Its now about what the bnym did or did not do and how that effected the shareholders.
I do not think the dividends were included on our 10B claim.
The certificates could have prevented the errors? The certificates could maybe yield higher or actual payouts or maybe place CTs to a higher class or maybe even redemption with all the parity rights that were violated starting from day 1 with Neuberger Berman?
I am not the attorneys here. I would assume the attorneys looked over the case. This will be interesting.
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