UBS Group operates in a legal and regulatory environment that exposes it to potentially significant litigation risks. As a
result, UBS is involved in various disputes and legal proceedings, including litigation, arbitration, and regulatory and criminal
investigations. Such cases are subject to many uncertainties, and their outcome is often difficult to predict, particularly
in the earlier stages of a case. In certain circumstances, to avoid the expense and distraction of legal proceedings, UBS
may, based on a cost-benefit analysis, enter a settlement even though UBS denies any wrongdoing. The Group makes provisions
for cases brought against it only when after seeking legal advice, in the opinion of management, it is probable that a liability
exists, and the amount can be reasonably estimated. No provision is made for claims asserted against the Group that in the
opinion of management are without merit and where it is not likely that UBS will be found liable.
Currently, UBS is responding to a number of regulatory inquiries and investigations, and is involved in a number of litigations
and disputes, related to the sub-prime crisis, sub-prime securities, and structured transactions involving sub-prime securities.
These matters concern, among other things, UBS's valuations, disclosures, writedowns, underwriting, and contractual obligations.
UBS has been in regular communication with its home country consolidated regulator, the Swiss Federal Banking Commission (SFBC),
regarding some of these issues and others, including the role of internal control units, governance and processes around risk
control and valuation of sub-prime instruments, compliance with public disclosure rules, and the business rationales for the
launching and the reintegration of DRCM.
At 31 March 2008, UBS is involved in the following legal proceedings which could be material to the Group in a given reporting
period:
a) Tax Shelter: In connection with a criminal investigation of tax shelters, the United States Attorney's Office for the Southern
District of New York ("US Attorney's Office") is examining UBS's conduct in relation to certain tax-oriented transactions
in which UBS and others engaged during the years 1996-2000. Some of these transactions were the subject of the Deferred Prosecution
Agreement which the accounting firm KPMG LLP entered into with the US Attorney's Office in August 2005, and are at issue in
United States v. Stein, S1 05 Cr. 888 (LAK). UBS is cooperating in the government's investigation.
b) Municipal Bonds: In November 2006, UBS and others received subpoenas from the US Department of Justice, Antitrust Division,
and the SEC relating to derivative transactions entered into with municipal bond issuers and to the investment of proceeds
of municipal bond issuances. Both investigations are ongoing, and UBS is cooperating. In the SEC investigation, on 4 February
2008, UBS received a "Wells notice" advising that the SEC staff is considering recommending that the SEC bring a civil action
against UBS AG in connection with the bidding of various financial instruments associated with municipal securities. Under
the SEC's Wells process, UBS will have the opportunity to set forth reasons of law, policy or fact why such an action should
not be brought.
c) HealthSouth: UBS is defending itself in two purported securities class actions brought in the US District Court of the
Northern District of Alabama by holders of stock and bonds in HealthSouth Corp. UBS is also a defendant in HealthSouth derivative
litigation in Alabama State Court and has responded to an SEC investigation relating to UBS's role as a banker for HealthSouth.
d) Parmalat: UBS is involved in a number of proceedings in Italy related to the bankruptcy of Parmalat. These proceedings
include, inter alia, clawback proceedings against UBS Limited in connection with a structured finance transaction. Further, UBS is a defendant
in two civil damages claims brought by Parmalat, one of which relates to the same structured finance transaction against UBS
Limited, while the other against UBS AG relates to certain derivative transactions. In addition, UBS Limited and one current
and one former UBS employee are the subject of criminal proceedings in Milan. UBS AG and UBS Limited are defendants in civil
actions brought by Parmalat investors in parallel with the criminal proceedings in Milan. Furthermore, four current or former
UBS employees are defendants in relation to criminal proceedings in Parma. Civil claims have also been recently filed in parallel
with the criminal proceedings by Parmalat against the individuals and UBS Limited and also by Parmalat investors against the
individuals, UBS AG and UBS Limited. UBS AG and UBS Limited deny the allegations made against them and against the individuals
in the matters and are vigorously defending themselves in the proceedings.
e) Auction Rate Securities Litigation: UBS has been named in three putative class actions and several arbitrations and individual
civil litigations, and is responding to numerous regulatory requests, including requests from the SEC and a number of state
regulators, relating to the marketing and sale of Auction Rate Securities (ARS) to clients and to UBS's role and participation
in ARS auctions. The requests and the class actions followed the disruption in the markets for these securities and related
auction failures since mid-February 2008.
f) US Cross-Border: The Department of Justice ("DOJ") and the SEC are examining UBS's conduct in relation to cross-border
services provided by Swiss-based UBS client advisors to US clients during the years 2000-2007. In particular, DOJ is examining
whether certain US clients sought, with the assistance of UBS client advisors, to evade their US tax obligations by avoiding
restrictions on their securities investments imposed by the Qualified Intermediary agreement UBS entered into with the US
Internal Revenue Service in 2001. The SEC is examining whether Swiss-based UBS client advisors engaged in activities in relation
to their US-domiciled clients that triggered an obligation for UBS Switzerland to register with the SEC as a broker-dealer
and/or investment advisor. UBS is cooperating with these investigations.