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IMPORTANT DATES & DEADLINES
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Submit A Claim Form:
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Postmarked no later than February 22, 2010
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Exclude Yourself
(Get Out Of The Class)
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Received no later than 5:00 P.M. Eastern Time on December 14, 2009
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Remain In The Class And Object:
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Received no later than 5:00 P.M. Eastern Time on December 14, 2009
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The Court’s Settlement Fairness Hearing:
Fairness Hearing:
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December 23, 2009 at 11:00 a.m.,
United States District Court for the Southern District of New York
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The following is a summary of information presented in more detail in the Notice,
which Class Members should have received in the mail, and which you can access by
clicking the box on the left. Since this is just a summary, you should read the
full Notice for additional details.
PLEASE READ THIS INFORMATION CAREFULLY. IF YOU PURCHASED OR OTHERWISE ACQUIRED MMC
SECURITIES BETWEEN OCTOBER 14, 1999 AND OCTOBER 13, 2004, INCLUSIVE, YOUR RIGHTS
MAY BE AFFECTED BY THESE PROCEEDINGS AND YOU MAY BE ENTITLED TO RECEIVE BENEFITS
UNDER A PROPOSED $400,000,000 CLASS ACTION SETTLEMENT.
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Securities Brokers and other Nominees: Please see instructions on page 10 of the
Notice.
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THE COURT’S SETTLEMENT FAIRNESS HEARING
The Court will hold a hearing on December 23, 2009, at 11:00 a.m., at the United
States District Court for the Southern District of New York, United States Courthouse,
Room 14C, 500 Pearl Street, New York, NY 10007. At this hearing, the Court will
consider whether the proposed Settlement is fair, reasonable and adequate. If there
are objections, the Court will consider them. The Court will listen to people who
have asked to speak at the hearing. The Court will also decide whether to approve
the payment of fees and expenses to Lead Counsel, including the awards to Lead Plaintiffs
and the Plan of Allocation.
WHAT IS THIS CASE ABOUT?
Lead Plaintiffs allege that Defendants made false and misleading statements in MMC’s
public filing and other public communications. Lead Plaintiffs’ claims arise out
of the practice in the insurance brokerage industry of brokers charging and collecting
so-called “contingent commissions” from insurers. Lead Plaintiffs allege that the
existence of a certain type of contingent commissions created incentives for Marsh
Inc. (“Marsh”), the insurance brokerage subsidiary of MMC, to engage in various
improper practices to maximize Marsh’s contingent commission revenue. Lead Plaintiffs
claim that the Defendants violated federal securities law by misrepresenting the
nature of Marsh’s contingent commission revenue and by failing to disclose the allegedly
improper practices by Marsh that increased that revenue. Lead Plaintiffs allege
that upon disclosure of information correcting the prior misrepresentations and
omissions, the price of MMC stock dropped, causing damages to Lead Plaintiffs and
the Class.
Defendants have denied and continue to deny all claims asserted against them. Defendants
assert that at all times they made no material misrepresentations or omissions.
Defendants continue to deny liability and deny that Lead Plaintiffs and the Class
were damaged.
THE SETTLEMENT BENEFITS
MMC has agreed to pay $400,000,000 in cash to settle this case (the “Settlement
Fund”). The Settlement Fund will be placed into a bank account that will earn interest.
The Settlement Fund, plus interest, minus taxes, costs, fees and expenses (the “Net
Settlement Fund”), will be divided among all eligible Class Members who send in
valid Proof of Claim forms.
THE OPTIONS AVAILABLE TO CLASS MEMBERS UNDER THIS SETTLEMENT
If you are a Class Member, you have the following options:
- FILE A PROOF OF CLAIM AND RELEASE FORM
To qualify to get money from the proposed Settlement, you must timely send in a
completed Proof of Claim and Release form with supporting documents (DO NOT SEND
ORIGINALS) to the Claims Administrator. At the link on the left, you may get a Proof
of Claim and Release form. Please read the instructions carefully, fill out the
Proof of Claim and Release form, include all the documents the form asks for, sign
it, and mail it to the Claims Administrator by first class mail, postmarked no later
than February 22, 2010. The Claims Administrator needs all of the information requested
in the Proof of Claim and Release in order to determine what you may be entitled
to.
- EXCLUDE YOURSELF FROM THE CLASS
If you exclude yourself from the Class, you will not get any money from the proposed
Settlement. You will no longer be part of the Class, and nothing that happens in
the lawsuit will affect you. You will not be bound by the proposed Settlement and
may be able to sue MMC on your own. To exclude yourself from the Class, you must
send a written letter stating:
- You want to be excluded from the Settlement in In re Marsh & McLennan Companies,
Inc. Securities Litigation, Civil Action No. 04-CV-08144;
- Your name, address, and telephone number;
- The number of shares you purchased or sold during the Class Period; the dates you
purchased or sold the shares; and the price you paid for the shares; and
- The statement must be signed.
Your exclusion request must be received by no later than 5:00 p.m. Eastern Time
on December 14, 2009. Your exclusion request can be sent to the Claims Administrator
by the following methods:
- Email your request to: info@MMCSecuritiesLitigation.com
- Overnight mail or hand delivery to:
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MMC Securities Litigation
c/o Rust Consulting, Inc.
201 S. Lyndale Avenue
Faribault, MN 55021 |
- Fax your request to (561) 651-7788.
You cannot exclude yourself from the Class by phone.
- OBJECT TO THE SETTLEMENT
If you are a Class Member, you may object to the Settlement, any part of it, or
the request for attorneys’ fees and reimbursement of expenses and state why you
think the Court should not approve the Settlement. You can only object if you do
not exclude yourself from the Class.
To object, you must send a written objection stating:
- You object to the Settlement in In re Marsh & McLennan Companies, Inc. Securities
Litigation, Civil Action No. 04-CV-08144;
- Your name, address, and telephone number;
- Proof of the number of MMC securities that you purchased and sold during the Class
Period;
- The reasons why you are objecting to the Settlement; and
- The objection must be signed.
The objection must be received by no later than 5:00 p.m. Eastern Time on December
14, 2009 by the Court, Lead Counsel and Defendants’ Counsel at the addresses
listed on page 8, Question 17 of the Notice.
If you have submitted an objection to the Settlement and want to speak at the Settlement
Fairness Hearing or have your own attorney speak for you, at your own expense, follow
the instructions on page 9, Question 21 of the Notice.
Note: The Court may change the date and time of the Settlement Fairness Hearing.
You should check with Lead Counsel to be sure the date and/or time has not changed.
FURTHER INFORMATION
Further information regarding the Settlement, the Notice of Proposed Settlement
of Class Action and how to file your claim may be obtained by contacting the Claims
Administrator or reading through the Notice of Proposed Settlement of Class Action
and Proof of Claim and Release links on the left. You may also contact Lead Counsel
at the address listed on the Contact Information link on the left.
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