Frequently Asked Questions

  1. What is this case about?

  2. What is a class action?

  3. Why is this case a class action?

  4. Is this a settlement?

  5. Do I have a lawyer in this case?

  6. I already participated in the Vivendi SEC Settlement, what does this mean for me if I am a Class Member in the class action?

  7. How do I know if I am a Class Member?

  8. How was my claim calculated?

  9. What is an ADS? What is an ADR?

  10. I purchased ADSs/ADRs of Vivendi Universal which were converted to Vivendi Universal ordinary shares. Am I considered a Class Member?

  11. I purchased ADSs/ADRs of Vivendi Universal, and I do not live in the United States, France, the Netherlands or England. Am I considered a Class Member?

  12. I purchased ordinary shares of Vivendi Universal. Are these shares eligible under the Court approved procedures?

  13. When did the distribution occur?

  14. Will I receive an additional payment?

  15. What tax implications will I have if I receive a payment?

  16. How can I have my check reissued?

  17. I received a check on behalf of a deceased individual. How can I have this check reissued?






1. What is this case about?

The Vivendi Securities Class Action is a lawsuit alleging violations of securities laws by Vivendi Universal, S.A., now known as Vivendi S.A. ("Vivendi"). This case went to trial in October 2009, and a unanimous jury verdict was issued on January 29, 2010. The jury found Vivendi liable on the claims against it.

The verdict against Vivendi did not finally decide the particular amounts of damages due to individual Class Members. In order to determine the amounts due, the Court has ordered the implementation of a procedure for Class Members to submit claims so that the Court may determine the amount of compensation due to each Class Member.

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2. What is a class action?

In a class action, one or more people called Class Representatives represent all people who have similar claims (the "Class"). In this case, the Class Representatives are William Cavanagh, Bruce Doniger, and the Retirement System for General Employees of the City of Miami Beach. The court resolves the issues for all Class Members, except for those who excluded themselves from the Class.

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3. Why is this case a class action?

The Court decided that the lawsuit should proceed as a class action because it meets the requirements of Federal Rules of Civil Procedure 23, which governs class actions in the U.S. federal courts. The Court found that there are common questions of fact and law that predominate over individual questions, that the Class Representatives' claims are typical of Class Members' claims, that there are numerous Class Members, that the Class Representatives and their lawyers will fairly and adequately represent Class Members' interests, and that a class action is a fair, efficient, and superior way to resolve the claims in the lawsuit for purchasers of Vivendi Universal American Depositary Shares ("ADSs" or "ADRs") from the United States, France, England, and the Netherlands.

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4. Is this a settlement?

No. This case went to trial in October 2009, and a unanimous jury verdict was issued on January 29, 2010. The jury found Vivendi liable on the claims against it. The verdict against Vivendi did not finally decide the particular amounts of damages due to individual Class Members. In order to determine the amounts due, the Court has ordered the implementation of a procedure for Class Members to submit claims so that the Court may determine the amount of compensation due to each Class Member. However, this lawsuit is not resolved and defendants still have the right to appeal.

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5. Do I have a lawyer in this case?

The Court approved the New York law firm of Abbey Spanier Rodd & Abrams, LLP, as "lead counsel" for the Class. You will not be separately charged for the services of lawyers representing the Class. If the lawsuit results in a recovery for the Class, the Court will determine the amount of any fees and reimbursement of expenses that may be awarded out of the recovery to lawyers representing the Class. If you want to be represented by your own lawyer, you may hire one to appear for you at your own expense.

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6. I already participated in the Vivendi SEC Settlement, what does this mean for me if I am a Class Member in the class action?

The award of damages in this case is separate from the funds distributed by the SEC to certain Vivendi Universal share purchasers in 2008-2009 in connection with the settlement of claims in the SEC proceeding. Class Members' entitlement to damages in this litigation is not affected by the SEC proceeding or distribution.

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7. How do I know if I am a Class Member?

If you are from the United States, France, England, or the Netherlands and bought or otherwise acquired ADSs/ADRs of Vivendi Universal between October 30, 2000 and August 14, 2002, you are a Class Member in this action.

The definition of the Class includes persons who "purchased or otherwise acquired" Vivendi Universal ADSs/ADRs. That definition includes:

    (a) Any kind of ADS/ADR purchase transaction

    (b) Acquisition of ADSs/ADRs by exercise of an option

    (c) Acquisition of ADSs/ADRs in or by a pension or retirement plan or account

    (d) Acquisition of Vivendi Universal S.A. ADRs/ADSs on December 8, 2000, in exchange for shares of The Seagram Company Ltd., or in exchange for ADRs/ADSs of Vivendi S.A. or Canal Plus S.A.

The Class definition does not include:

    (i) Acquisition of ADSs/ADRs by gift, inheritance, or donation

    (ii) Any purchase or other acquisition of Vivendi Universal ordinary shares

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8. How was my claim calculated?

Damages were computed using the daily inflation figures found in the February 2, 2010 Jury Verdict Form. A summary of the methodology applied to calculate your damages and prejudgment interest, as approved by the Parties, under the Court’s supervision, can be found here.

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9. What is an ADS? What is an ADR?

An American Depositary Share (“ADS”) is a security that represents an ownership interest in a specified number of a company’s ordinary shares. An American Depositary Receipt (“ADR”) is a physical certificate that evidences ADSs (in much that same way that a stock certificate evidences shares of stock). ADRs are generally issued by a United States bank, and the underlying ordinary shares are typically ordinary shares of a foreign issuer, which are deposited with a foreign bank or other custodian and segregated from the other ordinary shares issued by the foreign issuer. An ADR holder can generally exchange his or her ADRs for the underlying shares at any time.

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10. I purchased ADSs/ADRs of Vivendi Universal which were converted to ordinary shares. Am I considered a class member?

Yes. ADSs/ADRs purchased or otherwise acquired during the class period between October 30, 2000 through August 14, 2002, inclusive, which were converted to ordinary shares are considered eligible securities. The ordinary shares received due to the conversion will be treated as ADSs/ADRs, pursuant to the Court approved procedures.

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11. I purchased ADSs/ADRs of Vivendi Universal, and I do not live in the United States, France, the Netherlands or England. Am I considered a Class Member?

No. Only persons from the United States, France, the Netherlands, and England who purchased or otherwise acquired ADSs/ADRs of Vivendi Universal between October 30, 2000 and August 14, 2002 are considered members of the Class.

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12. I purchased Ordinary Shares of Vivendi Universal. Are these shares eligible under the Court approved procedures?

No. Only ADSs/ADRs purchased or otherwise acquired between October 30, 2000 and August 14, 2002 are considered eligible securities.

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13. When did the distribution occur?

The Initial Distribution commenced on September 18, 2017.

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14. Will I receive an additional payment?

At this time, we do not have information on subsequent distributions. Please continue to check the website for additional information.

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15. What tax implications will I have if I receive a payment?

Your distribution is comprised of a judgment award as well as interest attributable to pre- and post-judgment interest. You will receive a Form 1099-INT from us for the portion that represents pre and post-judgment interest, if your distribution contains $600 or more of such interest. With respect to the portion representing the judgment award, we are not required to and will not issue a 1099; however, it may be taxable to you depending on your individual circumstances.

If you are, or are presumed to be, a nonresident alien of the U.S., you will receive Form 1042-S with respect to the interest component of your distribution. Your interest component may also have been subject to 30% nonresident alien withholding under certain circumstances, which has been remitted to the IRS on your behalf (if applicable).

We cannot provide tax advice. Please consult your tax advisor with respect to the specific tax consequences of this distribution.

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16. How can I have my check reissued?

Check reissue requests must be submitted in writing to the Claims Administrator. Please be sure to include your full name, current address, former address if you need to update your contact information, claim number, and a daytime telephone number with the best time to contact you.

You may mail your request to:

Vivendi Securities Class Action
c/o GCG
P.O. Box 9250
Dublin, OH 43017-4650
U.S.A.

Or email Questions@VivendiClassAction.com

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17. I received a check on behalf of a deceased individual. How can I have this check reissued?

If you believe you are entitled to act on the decedent’s behalf please provide a copy of the death certificate and a letter detailing who you are, your relationship to the decedent along with the check you received. Please also provide documentation which supports your right to act on behalf of the decedent or to accept funds on behalf of the estate. Acceptable documentation includes but is not limited to Probate Order, Last Will and Testament, an Order appointing you as the Administrator or Executor of the Estate and a Small Estate Affidavit.

Please mail these items to

Vivendi Securities Class Action
c/o GCG
P.O. Box 9250
Dublin, OH 43017-4650
U.S.A.

If your request is complete your check will be reissued as soon as possible.

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