Core Points - A federal judge in California granted preliminary approval for a $38 million cash settlement between several pension funds and Bayer AG to resolve a securities class action lawsuit [1] - The lawsuit, originally filed in 2020, relates to Bayer's acquisition of Monsanto in 2018 and allegations of misleading statements regarding the risks associated with Roundup, a glyphosate-based herbicide [2] - The settlement aims to provide closure to a significant case concerning the adequacy of disclosures in corporate mergers and reaffirms the rights of investors purchasing American Depositary Receipts (ADRs) under U.S. securities laws [3] Legal Proceedings - The case has involved nearly five years of litigation, with a focus on the transparency of disclosures related to due diligence in high-profile mergers [3] - In May 2023, the court granted class certification, appointing specific pension funds as class representatives and affirming the rights of ADR purchasers in the over-the-counter market [5] - The discovery process was complex, requiring international cooperation and legal proceedings under the Hague Convention to obtain testimony from Bayer's former general counsel in Germany [6] Implications for Investors - The settlement is seen as a significant resolution for investors in publicly traded foreign companies, ensuring accountability under U.S. securities laws [4] - The case highlights the enforceable rights of ADR investors, particularly in light of the court's ruling on the extraterritoriality issue [5]