Settlement Agreement

Total Page:16

File Type:pdf, Size:1020Kb

Settlement Agreement _I Class Action Settlement Agreement nus Senlement AgreementcSculementAgrccmenn is made established to oversee an objective, impartial, streamlined and entered into as of this ::!.61h day ofJanuary 1999, by and process for resolving claims to dormant accounts listed in between Settling Defendants and Senling Plaintiffs. notifications published worldwide by the Swiss Bankers As­ WHEREAS concerns have been raised about actions and sociation; and (4) the Independent Commission of Experts. omissions ofSeuling Defendants and other Releasees before, an independent group of intemationally recognized histori­ during, and after the Nui Regime's rule in Gennany relating ans chaired by Professor Jean Francois Bergier, which the principally to financial transactions with or affecting Victims Swiss Confederation established in 1996 \0 examine orTargets of Nazi Persecution as defined herein: Switzerland's relationship with Nazi Germany; WHEREAS Plaintiffs commenced the Filed Actions, and WHEREAS Settling Plaintiffs and Settling Defendants specifically alleged, inter alia. that Settling Defendants (\) commit to support and urge the conclusion of the mandates collaborated with the Nazi Regime and participated in a of the Volcker Committee and the Bergier Commission; scheme to (a) unlawfully retain class members' accounts de­ WHEREAS Settling Defendants and Settling Plaintiffs posited prior to and during the Second World War. (b) obtain wish to bring about prompt and complete closure with re­ for deposit, transfer, or exchange, assets looted by the Nazi spect to the concerns and allegations referred to in the para­ Regime and its agents; and (c) profit from the use of slave graphs above; labor, the fruits of which were deposited with Settling De­ WHEREAS Settling Defendants and Settling Plaintiffs fendants; and (2) concealed the true nature and scope oftheir believe and affirm that this Settlement Agreement, in con­ conduct during and following the Holocaust all allegations junction with the steps initiated by Settling Defendants and that Settling Defendants dispute; otherReleasees described above. does and should bring about WHEREAS Settling Defendants believe that they could completeclosure with respect to the concerns andallegations assert, have asserted, and would prevail in counon, defenses described in the paragraphs above, and thereby brings to an to the claims asserted against them; and Settling Plaintiffs end all confrontationbetween Settling Plaintiff's and Organi­ believe to the contrary; zational Endorsers on the oneband and Releasees on theother WHEREAS Settling Defendants and other Releasees, in hand; recognition of the legal, moral and material aspects of the WHEREAS counselfor Settling Plaintiffshaveconducted concerns referred to above, have initiated and pursued cer­ as thorough an investigation as possible relating to the claims tain ameliorative measures outside the context ofany Iitiga-' and the underlying events and transactions alleged in Settling lion, such as establishing and supporting: (1) the Special Fund Plaintiffs' complaints, having (l) analyzed available infor­ for Needy Victims of the Holoeaust/Shoah ("Humanitarian mation adduced through informal discovery, (2) reviewedrel­ Fund"), initiated by Settling Defendants in February 1997 evant public infonnation at the U.S. Archives and other with a volunwy contribution of approximately $70 million sources. (3) researched the applicable law with respect to the to provide humanitarian aid to needy Holocaust survivors; claims ofSettling Plaintiffs and defenses of Settling Defen­ (2) the IndependentCommittee ofEminent Persons ,IeEP"), dants and other Releasees, and (4) consulted with experts; chaired by Paul A. Volcker, which was established in 1996 by WHEREAS Settling Plaintiffs, by their counsel, have: the Swiss Bankers Association, the World Jewish Congress, conducted arms-length negotiations with Senling Defendant! and other Jewish organizations to conduct an independent with respect to a compromise and settlement of the Filec audit ofSwiss banks to identify accounts from theWorld War Actions and other Claims against Releasees with a view It 11era that could possibly belong to victims ofNazi persecu­ settling andfinally resolving the Settled Claims, andto achiev tion; (3) the Independent Claims Resolution Foundation ing the best possible reliefconsistent with the interests of th ("ICRF"), also chaired by Paul A. Volcker, which was Settlement Classes: WHEREAS solely forpurposes of the settlement set forth could. be broughlln anyjurisdicsion before any court., ubi­ in Ibis SettlementAgreement, Settling Defendants have con­ tral tribunal.orsimilarbody againstanyReleasee directlyor seated to conditional certification of Settlement Classes pur­ indirectly. for. upon. by reason of. or in connection with any suant to Rule 23 ofthe Federal Rules of Civil Procedure ("Fed. act or omission in any way relating to the Holocaust, World R. Civ. P. 23"); War II and its prelude and anennath. Victims or Targets of WHEREAS based on the investigation. discovery. review Nazi Persecution. transactions with or actions of the Nazi ofpublic infonnation. and research described above. Settling Regime. treatment of refugees fleeing Nazi persecution by Plaintiffs have concluded that the tams andconditions ofthis the Swiss Confederation or other Releasees, or any related Settlement Agreement are fair. reasonable. and adequate to cause or thing whatever, including. without limitation. all Settling Plaintiffs and in their best interests; claims in the Filed Actions and all other claims relating to WHEREAS Settling Plaintiffs. through their counsel. Deposited Assets. Looted Asset$,Ooaked Assets. and/orSlave have agreed to settle the claims raised in the Filed Actions Labor. or an)' prior orfuture effort to recover on such claims and to resolve any additional Claims that they have or could directly or indirectly from any Releasee. bring against any Releasee. after considering (I) the substan­ Claims Resolution Tribunal means the group of arbi­ tial benefus that Settling Plaintiffs will receive from the settle­ trators acting under the auspices of the ICRF. ment. (2) the attendant risks of litigation. and (3) the desir­ Class Notice has the meaning set forth in Section 9.2 ability ofan immediate resohnion; hereof WHEREAS this Settlement Agreement is fully supported Cloaked Assets means Assets wholly or partly owned. by the Organizational Endorsers that have endorsed it; and controlled by. obtained from. or held for the benefit of. any WHEREAS nothing in this Settlement Agreement shall company incorporated. headquartered. or based in Gennany be construed as or deemed to be an admission of any kind by or any other Axis country or other country occupied by an any pany or Releasee. Axis country between 1933 and 1946 or any other entity or NOW TIlEREFORE. it is agreed by and among the par­ individual associated with the Naz.i Regime (regardless of ties to this Settlement Agreement, through their respective where such entity or individual was or is located, incorpo­ attorneys. subject to approval of the Court pursuant to Fed. rated. headquanered, or conducting business). the identity. R. Civ. P. 23. in consideration ofthe covenants herein and the value. or ownership of which was in fact or allegedly dis­ benefits flowing to the panics. the Settlement Classes. and guised by. through. or as the result of any intentional or unin­ theReleasees under this SettlementAgreement. that all Claims tentional act or omission of or otherwise involving any Re­ against the Releasees shall be settled and released. and that leasee. including. without limitation.lmemationale lndustrie the Filed Aeuons shall be dismissed with prejudice. upon and und HandelsbeteiligungenA.G. (a.k.a, "lnterhandel"), and its subject to the following terms and conditions. andin exchange predecessors. successors. or affiliates. for the substantial benefits this Settlement Agreement con­ Court meansthe United States DistrictCourt for the East­ fers upon the Settlement Classes. ern District ofNew York. 1. DEFINITIONS Deposited Assets means (I) anyand all Assets actually or allegedly deposited by the beneficial owner. fiduciary. or As used in this Settlement Agreement and in addition to any other individual or organization with any custodian. includ­ definitions elsewhere in this Settlement Agreement, the fol­ ing. without limitation. a bank, branch or agency of a bank. lowing terms shall have the meanings set forth below: other banking organization orcustodial institution or invest­ Assets means any and all objects of value including but ment fund established or operated by a bank incorporated. not limited to personal. commercial. real. tangible. and intan­ headquartered, or based in Switzerland at any time (includ­ gible property, including. without limitation.cash. securities. ing. without limitation. the affiliates. subsidiaries. branches. gems. gold and other precious metals. jewelry. documents. agencies. oroffices ofsuchbanks. branches, agencies. custo­ artworks. equipment. and intellectual property. dial institutions. and investment funds that are or were lo­ ClairrtS or Settled Claims means any and all actions. cated either inside or outside Switzerland at any time) in any causes oraction.claims. Unknown Claims. obligations. darn­ kind ofaccount (including. withoullimitation. a safe deposit ages. costs. expenses. losses. rights. promises.andagreements box orsecuritiesaccount) prior to May 9. 1945.that belonged of any nature and demands
Recommended publications
  • Ubs India Securities Private Limited
    Swiss_company in India_Book fin.qxd 3/17/07 5:25 PM Page 92 UBS INDIA SECURITIES PRIVATE LIMITED UBS is one of the leading financial firms in the world, Swiss business unit network ran to 357 branches with offices in 50 countries and business organised with a further 82 branches abroad. into key distinct areas of equities - fixed income, rates and currencies, and investment banking On 3rd November 2000, UBS AG merged with PaineWebber Inc., a full-service securities firm Global Overview of UBS AG located in New York and founded in 1879. UBS AG was created on July 1, 1998, with the Today UBS is one of the leading financial firms merger of Union Bank of Switzerland (based in the world, serving discerning clients globally. in Zurich) and Swiss Bank Corporation (based in As an organisation, it combines financial strength Basel). Swiss Bank Corporation (SBC) was founded with an international culture that embraces change. in 1872 under the name Basler Bankverein and in An integrated firm, UBS creates added value for 1945 it took over the troubled Basler Handelsbank, clients by drawing on the combined resources and one of Switzerland's large banks, founded in 1862. expertise of all its businesses. It is the leading global In the last decade of the twentieth century, SBC wealth manager, a top-tier investment banking and strengthened its international orientation again securities firm, and one of the largest global asset by taking over several foreign finance firms managers. (O'Connor & Associates, Chicago; Brinson Partners, Inc., Chicago; S.G.Warburg Plc, London). UBS Investment Bank is headquartered in London By 1997, the Swiss network comprised 288 and New York and employs 18,200 people in branches with 77 offices outside Switzerland.
    [Show full text]
  • UBS AG (Registrant’S Name)
    6-K Page 1 of 5 6-K 1 d642077d6k.htm 6-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 6-K REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 OR 15d-16 UNDER THE SECURITIES EXCHANGE ACT OF 1934 Date: December 5, 2013 Commission File Number: 1-15060 UBS AG (Registrant’s Name) Bahnhofstrasse 45, Zurich, Switzerland, and Aeschenvorstadt 1, Basel, Switzerland (Address of principal executive office) Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F. Form 20-F Form 40-F ! This Form 6-K consists of the news release of UBS AG, which appears immediately following this page. http://www.sec.gov/Archives/edgar/data/1114446/000119312513462992/d642077d6k... 13/12/2013 6-K Page 2 of 5 UBS announces changes to Group Executive Board and Corporate Center Zurich/Basel | 05 Dec 2013, 06:45 | Price Sensitive Information John Fraser to retire as CEO Global Asset Management business, retaining his position as its Chairman, Ulrich Koerner to become CEO Global Asset Management, Tom Naratil to become Group Chief Operating Officer in addition to current position as Group Chief Financial Officer. Zurich/Basel, 05 December 2013 – UBS today announced a number of changes to its senior leadership team and Corporate Center structure. John Fraser, who has been Chairman and CEO Global Asset Management since 2001, has decided to retire from his CEO role and as a member of UBS’s Group Executive Board, effective 31 December 2013. This follows a long and distinguished career at UBS and in finance which began in the Australian Treasury and has spanned five decades.
    [Show full text]
  • Ambit Microsystems Corporation
    f INFORMATION MEMORANDUM UBS AG (Incorporated with limited liability in Switzerland) (acting through its London Branch) USD 958,275.782285 Zero Coupon Equity Linked Notes due 2021 relating to the common shares of Shandong Shanda Wit Science & Technology Co Ltd Issue Price as of the closing date: 100% The USD 958,275.782285 Zero Coupon Equity Linked Notes due 2021 (the “Notes”) linked to the common shares (the “Shares”) of Shandong Shanda Wit Science & Technology Co Ltd (the “Company”) each with a denomination of USD 4.167413 were issued by UBS AG (acting through its London Branch) (the “Issuer”) on 30 October 2020. Expressions used in this Information Memorandum shall have the meanings given to them in the conditions of the Notes (the “Conditions”) which are set out herein. Unless previously redeemed or purchased and cancelled as provided in the Conditions, each Note will be redeemed at the Redemption Amount on the Redemption Settlement Date, subject as provided in Product Condition 4. The Notes are represented by a Global Note (the “Global Note”) which was deposited with a common depositary for Euroclear Bank S.A./N.V. as operator of the Euroclear System (“Euroclear”) and Clearstream Banking, société anonyme (“Clearstream”) on 30 October 2020 (the “Closing Date”). Notes in definitive form will not be issued. However, if there is a permanent breakdown or failure of Euroclear and Clearstream, Luxembourg, the Issuer will provide Notes in definitive form to the Holders (as further described in the General Information section below. The Notes are in registered form. Application has been made to admit the Notes to listing on the Official List of the Luxembourg Stock Exchange and to trading on the Euro MTF market of the Luxembourg Stock Exchange.
    [Show full text]
  • Litigating the Holocaust: a Consistent Theory in Tort for the Private Enforcement of Human Rights Violations
    Pepperdine Law Review Volume 27 Issue 3 Article 4 4-15-2000 Litigating The Holocaust: A Consistent Theory in Tort For The Private Enforcement of Human Rights Violations Derek Brown Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the Human Rights Law Commons, Military, War, and Peace Commons, and the Torts Commons Recommended Citation Derek Brown Litigating The Holocaust: A Consistent Theory in Tort For The Private Enforcement of Human Rights Violations , 27 Pepp. L. Rev. Iss. 3 (2000) Available at: https://digitalcommons.pepperdine.edu/plr/vol27/iss3/4 This Comment is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. Litigating The Holocaust: A Consistent Theory in Tort For The Private Enforcement of Human Rights Violations I. INTRODUCTION Survivors of the Holocaust have repeatedly attempted, with little apparent success, to recover the assets their families deposited in Swiss banks prior to World War II. Considering the claimants' subsequent-yet understandable lack of documentation,- until now these survivors have had to rely solely on the banks' promises to expedite the return of these "dormant accounts" to their rightful owners.' Reliance on such promises, however, quickly evaporated with the public disclosure of one man's experience: Christoph Meili.4 A security guard for the Union Bank of Switzerland (UBS), Meili became an international figure early in 1997.
    [Show full text]
  • Corporate Match Companies Only
    Corporate Matching Companies A A D P Foundation A D Phelps, Jr. Charitable Foundation, Inc. A H Williams & Co Aid Association for Lutherans (AAL) Abbott Laboratories ABN-AMRO ADC Telecommunications Addison-Wesley Advanta Foundation Aeroquip-Vickers AES Corporation Aetna, Inc. Air & Water Technologies Cor Air Liquide America Corporation Air Products and Chemicals Akzo America Albany International Albertson's Alcan Alco Standard Corp Alcoa Alexander & Baldwin Alco Standard Corporation Allegro Micro Systems W G Inc Allendale Insurance Company AllFirst Alliance Capital Mgm Corp Alliant Techsystems Allied Signal Alliant Energy Foundation Alliant Techsystems Incl Allied Signal Foundation, Inc Allmerica Financial Allstate Foundation Amerada Hess Corp American Cyanamid Company American Express American General Corp. American Home Products American International Group American Medical Security American Home Products Corporation American Honda Motor Co Inc. American Express Co. American Express Financial Advisors Inc. American International Group American National Bank American Ref-Fuel American Re-Insurance Company American Standard, Inc American Stock Exchange Ameritech Amoco AMSTED Industries Ameritech Amica Mutual Insurance Co Amoco, Inc. AMP Incorporated AMSCO International, Inc. American Brands Amsted Industries Foundation Anadarko Petroleum Corporatio Analog Devices inc. Anchor Capitol Advisors Inc. Anderson Consulting Foundation AON Foundation Aramark Archer Daniels Midland Foundation ARCO Chemical Co. Arkwright Foundation, Inc. Arthur Andersen LLP Armstrong World Industries, Inc. Asarco Foundation Asea Brown Boveri Inc AT&T Auto Alliance International Inc. Automatic Data Processing Avery Dennison Corp. Avon Products Astoria Federal Savings AstraZeneca LP AT & T Atlantic Electric Aurther Andersen Consulting Anheuser-Busch Aon Corp. Apple Computers Inc. Appleton Papers Aramark Archer Daniel Midland ARCO Arkwright Mutual Insurance Co.
    [Show full text]
  • BUS 200 Group Project, Semester 2, 20057 March 2011 Business Organisation and Management
    BUS 200 group project, semester 2, 20057 March 2011 business organisation and management (Photos: Entrance hall UBS headquarters in Basel, Aeschenvorstradt ; Counter hall UBS headquarters in Zurich, Bahnhofstrasse; UBS headquarters in Zurich, Bahnhofstrasse 45; UBS in Zurich, Paradeplatz) a glimpse of UBS Authors: Philipp Bircher 40808459 Meike Brünk 40594432 Valery Crottaz 40638626 Andreas Eiman 40811840 Anssi Ihaniemi 40794067 Executive summary As one of the leading wealth management companies in the world, a premier global invest- ment and asset management bank, UBS’ situation represents a good example of the chal- lenges an organization in the financial sector faces today. Beginning with a short outline of its historical roots, we try to shed light on UBS’ organizational culture. In this context it is cru- cial to understand that the values and norms within a company serve as guiding principles on a firm’s way to success. Thus, we analyse the values the organization promotes and discuss the implications this might have on its business. Many principles that are reflected in UBS’ organizational culture today have their roots in the bank’s constituting parts. Furthermore, the views on leadership and its emphasis on entrepreneurial thinking can only be fully understood if one takes into account the bank’s very diverse background which is a result of its history, its global business operations and its, in terms of culture and age, very heterogeneous work- force. Based on these facts and thoughts, we address the question of UBS’ strengths, weaknesses, opportunities and threats and summarize the organization’s situation in a SWOT Analysis. In terms of strengths, it turns out that the organization comes up with an efficient human re- source management, which focuses on satisfied employees, who are recognized by UBS as a key factor in the company’s success.
    [Show full text]
  • Capvis Hires André Perwas As a New Partner and Expands the Frankfurt Office
    31 October 2019 Capvis hires André Perwas as a new partner and expands the Frankfurt office ZUG, Switzerland, 31 Oct. 2019 — Swiss private equity investor Capvis is expanding its team and has recently added André Perwas as its tenth partner. André Perwas has more than 13 years of experience in private equity and previously worked at 3i Group and Accenture. He will co-head the sector of Advanced Services together with Boris Zoller. The Frankfurt office, established in 2012, will be expanded. New team members will be hired for a stronger international position and bring an enhanced presence in the attractive German market. The big, continuously growing area of Advanced Services is increasingly important for Capvis. With a background and experience in economics and technology consulting, André Perwas has been a successful private equity investor with a focus on business and technology services in the German-speaking region. "André Perwas is an excellent addition to our team," says Daniel Flaig, CEO of Capvis AG. "We are looking forward to our collaboration and are certain that we will gain and successfully develop more innovative companies for the Capvis platform together." 1 About Capvis Capvis is a Swiss private equity investor. With close to 50 employees, the firm draws on the international experience of its team in Zug (Switzerland), Frankfurt, Amsterdam, Shanghai, Jersey and Luxembourg. Senior Advisors represent Capvis regionally in Milan, London and New York. Capvis focuses on mid-market companies in the industrial corridor of Europe (Switzerland, Germany, Austria, Italy and the Benelux). The long-grown expertise in creating local and global leaders in the fields of Industry, Technology and Advanced Services is the foundation of the Capvis business.
    [Show full text]
  • UNITED STATES SECURITIES and EXCHANGE COMMISSION Washington, D.C
    UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1) MATTEL INC. (Name of Issuer) - ----------------------------------------------------------- Common Stock (Title of Class of Securities) - ----------------------------------------------------------- 577081102 (CUSIP Number) - ----------------------------------------------------------- Check the following box if a fee is being paid with this statement / /. (A fee is not required only if the filing person: (1) has a previous statement on file reporting beneficial ownership of more than five percent of the class of securities described in Item 1; and (2) has filed no amendment subsequent thereto reporting beneficial ownership of five percent or less of such class.) (See Rule 13d-7). * The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). Cusip 577081102 Page 2 of 9 - ----------------------------------------------------------- 1 NAME OF REPORTING PERSON S.S. or I.R.S.
    [Show full text]
  • Holocaust Restitution, the United States Government, and American Industry Michael J
    Brooklyn Journal of International Law Volume 28 | Issue 3 Article 2 2002 Trading With The neE my: Holocaust Restitution, the United States Government, and American Industry Michael J. Bazyler Amber L. Fitzgerald Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Michael J. Bazyler & Amber L. Fitzgerald, Trading With The Enemy: Holocaust Restitution, the United States Government, and American Industry, 28 Brook. J. Int'l L. (2003). Available at: https://brooklynworks.brooklaw.edu/bjil/vol28/iss3/2 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. File: BAZYLER Base Macro Final_2.doc Created on: 6/24/2003 12:17 PM Last Printed: 1/13/2004 2:22 PM TRADING WITH THE ENEMY: HOLOCAUST RESTITUTION, THE UNITED STATES GOVERNMENT, AND AMERICAN INDUSTRY Michael J. Bazyler∗ & Amber L. Fitzgerald∗∗ I. INTRODUCTION……………………………………………………685 II. THE ROLE OF THE UNITED STATES IN RESTITUTION EFFORTS ABROAD…………………………………………………………...686 A. Switzerland………...……………………………………….689 B. Germany..…………………………………………………...690 C. France......…………………………………………………...697 D. Austria………………..……………………………………..699 E. Israel……………………………...………………………….700 F. Insurance Claims…………………………………………..702 G. Art……………………………………………………………709 H. Role of Historical Commissions..………………………..712 1. Switzerland…………………………………………….712 a. Volcker Report……………………………………713 b. Bergier Final Report…………………………….715 2. Germany………………………………………………..719 3. Austria………………………………………………….720 4. France…………………………………………………..721 5. Other Countries……………………………………….723 ∗ Professor of Law, Whittier Law School, Costa Mesa, California; Fellow, Center for Advanced Holocaust Studies, U.S. Holocaust Memorial Museum (“USHMM”), Washington, D.C.; Research Fellow, Holocaust Educational Trust, London, England; J.D., University of Southern California, 1978; A.B., University of California, Los Angeles, 1974.
    [Show full text]
  • IC11-004 Trader E-News
    TRADER E-NEWS Information Circular IC11­004 January 18, 2011 EDMUND J. O’CONNOR, PIONEER IN LISTED OPTIONS AND A FOUNDER OF CBOE Edmund J. O’Connor, key architect of exchange‐listed security options and a founder of the Chicago Board Options Exchange (CBOE) – died on January 17, 2011, at age 85 in Lake Forest, Illinois. In the late 1960s, Mr. O’Connor, a highly successful grain futures trader, served on the board of directors of th e Chicago Board of Trade (CBOT) during a period when grain futures trading was languishing and members were seeking new business avenues for the exchange. In 1969, Mr. O’Connor, then vice chairman of the CBOT, fleshed out and proposed the idea of an options excha n ge in raw blueprint form to the CBOT’s Board of Directors, detailing the general mechanis m by which puts and calls on stocks could be standardized and traded in an open outcry environment for the first time. The Chicago Board Options Exchange in 1973 opened for trading in the small “smoking room” adjacent to the main trading floor of the CBOT with just 911 options contracts changing hands on day one. “Eddie O’Connor represented the kind of raw, indomitable spirit that in the 1960s and 1970s pervaded the Chicago financial community, which had always fought the reputation of being number two,” said CBOE President and Chief Operating Officer Edward Joyce, who knew O’Connor from the formative days of the CBOE. “Looking back, he was a giant, who along with CBOE President Joe Sullivan, thrust Chi cago into an arena that others – even the financial chiefs in New York – thought unimaginable.” "While Ed O'Connor was a trader at heart, he also had both extremely entrepreneurial and practical sides that pushed the derivatives industry in the right direction," Wayne Luthringshausen, Chairman and CEO of the Options Clearing Corporation (OCC) said.
    [Show full text]
  • CDTS No. 1 and ATU Local 1321 Pension Plan, Et Al. V. UBS AG, Et
    Case 1:12-cv-04924-KBF Document 21 Filed 10/01/12 Page 1 of 63 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x C.D.T.S. NO.1 AND A.T.U. LOCAL 1321 Civil Action No. 1: 12-cv-04924-KBF-HBP PENSION PLAN, Individually and on Behalf of All Others Similarly Situated, CLASS ACTION Plaintiff, : CONSOLIDATED COMPLAINT FOR VIOLATIONS OF THE FEDERAL vs. SECURITIES LAWS UBS AG, OSWALD J. GRUBEL and JOHN CRYAN, Defendants. 7713031 Case 1:12-cv-04924-KBF Document 21 Filed 10/01/12 Page 2 of 63 1. Lead Plaintiffs, Westchester Teamsters Pension Fund and Teamsters Local 456 Annuity Fund (collectively "Plaintiffs"), on behalf of themselves and all other persons similarly situated, allege the following based upon personal knowledge as to themselves and their own acts, and information and belief as to all other matters, based upon, inter a/ia, the investigation conducted by and through their attorneys. NATURE OF THE ACTION 2. This is a federal securities class action brought against UBS AG ("UBS" or the "Company") and certain of its officers for violations of the Securities Exchange Act of 1934 (the "1934 Act"). This action is brought on behalf of all purchasers of UBS securities on any domestic exchange and/or in any domestic transaction, during the period November 17, 2009 through September 15, 2011 (the "Class Period"), who were damaged as a result of defendants' violations of the federal securities laws. This action seeks to pursue remedies for violations of the anti-fraud provisions of the federal securities laws.
    [Show full text]
  • Our Businesses in 2011
    Review 2011 Our businesses in 2011 Contents 2 UBS 150 years: Looking back, looking forward 4 A trip through three centuries 12 Financial performance 2011 13 Our strategy 22 Wealth Management 27 Retail & Corporate 30 Wealth Management Americas 34 Global Asset Management 40 Investment Bank 45 Corporate Center 48 Our Board of Directors 50 Our Group Executive Board 52 Corporate responsibility 54 Information sources This review is provided as a convenience to our investors, clients and other stakeholders who would like a brief overview of our business, strategy and 2011 performance. Please refer to UBS’s Annual Report 2011 for additional information. Details about how to obtain the Annual Report and other publicly available information about UBS, including the Annual Report on Form 20-F for the year ended 31 December 2011, are set out on page 54 of this review. The information contained in this review is not to be construed as a solicitation of an offer to buy or sell any securities or other financial instruments in Switzerland, the United States or any other jurisdiction. No investment decision relating to securities of or relating to UBS AG or its affiliates should be made on the basis of this document. UBS 150 years: Looking back, looking forward Dear readers, UBS has made progress in what has been a difficult and A successful organization has the strength to adapt and turbulent year. Throughout 2011, uncertain markets, low improve continuously. Throughout its history, UBS has client activity and regulatory changes weighed heavily proven that it possesses this quality. With our agility in on our industry’s results.
    [Show full text]