GENERAL MEETING DRAFT - Bankier.pl

RELEVANT EVENTS OCCURRING AFTER 12/31/2009
Vanderbilt
469
>> Consolidated Financial Statements
Part E – Information on risks and related risk management policies
Another Vanderbilt-related lawsuit has been recently filed in New Mexico. PIM US was served on
January 14, 2010, and the company’s attorneys have agreed to accept service on behalf of the other
Vanderbilt defendants.
It names most of the Vanderbilt defendants, including PIM USA, but not PGAM nor UCI. This lawsuit is
titled Hill v. VCA, and is styled – in the alternative - as a class action or derivative action brought by
individual members/beneficiaries of the ERB. The lead plaintiff, Donna J. Hill, alleges that she is a
records technician at New Mexico State University and a participant in the ERB pension fund. The
complaint names substantially the same Vanderbilt defendants who are sued in the Foy case (but not
UniCredit or PGAM), and the substantive allegations are largely identical to those made in the Foy case.
This lawsuit, however, is predicated on common law claims of fraud and on the theory that the Vanderbilt
defendants knowingly assisted (aided and abetted) the state officials in breaching their fiduciary duties to
the ERB pension plan participants.
The Hill complaint does not specify the amount of damages claimed, but the amount would be subsumed
within the damages claimed under the Foy lawsuit.
I.CO.PO.DE.SO Srl e Pietro Montanari
The company I.CO.PO.DE.SO Srl and its legal representative Mr. Pietro Montanari, on his behalf, brought
suit against UniCredit S.p.A on February 10, 2010 to obtain compensation of damages in the amount of
about �133 million in addition to interest and monetary adjustment. The first hearing for appearances was
set for May 25, 2010 before the Court of Rome.
The plaintiffs allege that Cassa di Risparmio di Roma (C.R.R., now UniCredit), by a series of acts and by
conduct (between the end of the decade of the 1970s and the beginning of the 1980s) supposedly caused
the bankruptcy of I.CO.PO.DE.SO Srl, causing the mentioned plaintiffs to incur extremely significant
damages in the form of material losses and loss of reputation.
Considering the fact that the case is still in its preliminary stages, no provision has been made on the
balance sheet.
Mario Malavolta
Mr. Mario Malavolta, as director of Malavolta Corporate SpA, filed a petition on February 3, 2010 to join
the case begun in July 2009, requesting compensation of damages totaling about �445 million.
The Bank has filed a brief opposing the petition to join the case and has contested the claims of the
plaintiff.
Special Representative
On March 3, 2010 the High Regional Court of Munich granted the appeal against nullification of the
resolution to remove the Special Representative. The decision is not final.