References

Central issue in virtually all investor procedures are any advisory errors regarding the risk-bearing capacity and risk appetite of the investor.

Has the asset management (collectively with mutual funds or individually with discretionary asset management) been carried out under the established guidelines? Was the asset management executed lege artis? – Frequently asked questions: Consideration of special capital market events, had the asset manager acted or reacted correctly? Was the asset allocation done as agreed? Was the reporting adequate and sufficient?

Have stock prices (especially real estate stocks) been sustainably influenced by extensive market making and artificially distorted price formation? Damage claims of investors against financial service providers; administrative criminal proceedings against financial service providers (FMA and UVS)

Damage claims by investors for breach of duty to supervise financial services providers; has the Financial Market Authority sufficiently complied with its duty to supervise a particular financial service provider? If not, would a standard procedure have prevented the investor’s losses? In which extensive? Determination of complex hypothetical causal processes.

Responsibility of a bank governing body in the context of lending; was there a balance between performance and return? Has adequate risk controlling been implemented? Relevance in the context of damages actions of the labor tanner and possibly also in the context of complex criminal proceedings because of infidelity to the detriment of the bank.

Responsibility of a board member in the commodity processing industry for overriding hedging transactions, although this was set out in company policies; determination of damage based on guidelines and hypothetical hedging; Comparison of actual results with hedging and without hedging.

In asset management for local authorities and for high net worth private investors: adequate product range and execution? In the case of management of FX loans (“switching” – “foreign currency credit management”): risk-return profile and risk tolerance for FX loans.

Liability of the Bank for losses suffered by investors as a result of failed stop loss orders in connection with the Swiss Franc guaranty being lifted by the Swiss National Bank.

Were the risks correctly presented to the investor before and during the contract period? Did the reporting deliberately mislead?

Was the option strategy consistent with the agreements? Would the extreme events of the financial market crisis have led to an alternative course of action? Scam questions in the case of the granting of options: Was the dormant bank being damaged by the concrete option agreements and their settlement? Were the agreed option premiums adequate for the market?

Definition of hedge funds; in this specific case, was there a hedge fund, or was the offered or sold product a hedge fund? Risk classification of hedge funds in banking practice, risk classification in specific cases; would the investor be able to achieve his investment objectives with the offered hedge fund? Did the risk appetite of the investor correspond to the risk profile of the hedge fund? Assessment of the market risk and the operational risk of the specific hedge fund.

Definition and identification of Late Trading and Market Timing in portfolio analysis; admissibility in the context of unit-linked life insurance (“switching” within the permissible fund range)

Does the policyholder (financial service provider) behave de lege artis or are circumstances causing liability to be probable? Compliance with organizational, behavioral and information requirements according to WAG?

Importance of credit rating of issuers and products, especially bonds; rating of mutual funds and closed-end funds; has the asset manager (bank, insurance, pension fund) complied with the investment guidelines?

Which asset allocation is allowed in the specific case of a ward? All questions related to the “ward security” of investments.

Liability issues and investor procedures in connection with the topic of Meinl European Land (MEL).

Liability issues and investor proceedings in connection with events relating to the merger of Immofinanz and Immoeast as well as the former management role of Constantia Privatbank

Analysis of traditional (plain-vanilla) as well as complex structures, representation of the functionalities, evaluations (market value) ex-ante, which know-how was required to administer the swaps? Which systems were necessary to present a proper risk management? Risk and return profile, risk classification, compatibility with risk appetite of the user.

Structural analysis (closed-end funds), review of the sales and capital market prospectus, plausibility of planned calculations, risk analysis, risk classification, risk analysis in investor documentation.

Churning of client accounts in futures & options transactions by a broker, was there a sufficient account control by the broker? Can excessive trading be proven (CER, CIR, in-and-out trading, daily trading, no tradable trading strategy, etc.).