- Bank of New York Mellon FOREX Litigation – Nationwide class action alleging BNY Mellon misled custodial clients by charging false foreign currency exchange rates - click for more info
- Quest Diagnostics, Inc. and Nichols Diagnostics Institute – Manufacturing and selling defective laboratory test kits to Taft-Hartley Health and Welfare Funds and other Third-Party Payors
- Rawlings Company LLC, et al. – Asserting liens and right of reimbursement from participants of fully insured health plans in violation New York’s Anti-Subrogation Law
- Ingenix Inc. and Rawlings Company LLC, et al.- Asserting Medicare Advantage liens and right of reimbursement in violation of New York’s Anti-Subrogation Law
- Parnon Energy, Inc. (In re: Crude Oil Commodities Futures Litigation) – Class action against commodities traders for the manipulation of crude oil futures
- Vulcan Materials, Inc. - Shareholder derivative class action lawsuit arising out of breaches of the fiduciary duty by Vulcan’s directors related to their rejection of an offer to purchase by Martin Marietta Materials, Inc. (“MMM”).
- Juniper Networks, Inc. – Securities fraud class action
- Best Buy Stores, Inc. – Violations the Americans with Disabilities Act of 1990 (“ADA”)
The Firm’s Attorneys have represented clients as lead or co-lead counsel as follows:
Securities Fraud Class Actions and Corporate Governance Actions
- Representation of a Taft-Hartley pension fund in securities fraud class action against Nicor, Inc. arising from material misrepresentations concerning Nicor’s accounting for natural gas reserves which resulted in a multi-year restatement. This matter was successfully litigated and resulted in a $39 million settlement.
- Representation of a Taft-Hartley pension fund in securities fraud class action against Westar Energy, Inc. arising from material misrepresentations about Westar’s acquisition of non-regulated businesses. This matter was successfully litigated and resulted in a $30 million settlement.
- Representation of a Taft-Hartley pension fund in securities fraud class action against SPX Corporation arising from material misrepresentations about SPX’s business segments, free cash flow, and $45 million of alleged insider sales in the weeks leading up to SPX’s negative disclosure. This matter was successfully litigated and resulted in a $10 million settlement.
- Representation of a Taft-Hartley pension fund in a securities fraud class action against Leap Wireless Inc. arising from material misrepresentations about Leap Wireless’s financial condition and internal controls that resulted in a massive twelve quarter financial restatement. This matter was successfully litigated and resulted in a $13.75 million settlement and the implementation of various operational and corporate governance measures.
- Representation of numerous Taft-Hartley pension funds in securities class actions arising from material misstatements in Registration Statements and Prospectuses issued in connection with their purchase of Residential Mortgage-Backed Securities (RMBS) collateralized with “toxic loans,” including sub-prime, Alt-A and other fraudulently originated mortgages.
- Representation of shareholders of Bank of America Corporation in a derivative action against the company’s Board of Directors alleging a breach of fiduciary duty in connection with the merger of Merrill Lynch & Co., Inc.
- Representation of shareholders of Huron Consulting Group in a derivative action against the company’s Board of Directors alleging a breach of fiduciary duty in connection with the accounting firm’s restatement of $63 million of revenue over a period of 12 fiscal quarters.
Consumer, Environmental and Product Liability/Mass Tort Class Actions
- Representation of class members in a $50 million settlement in an environmental damage case, Queen v. Constellation Energy, MD 2009.
- In re: Cisco Systems, Inc., N.D. Cal.
- In re: Rezulin Products Liability Litigation, MDL 1348 (S.D.N.Y.).
- In re: Conoco, Inc. Class Action, Case No. 2001-CA-000631 (Escambia County, FL).
- Cox v. Shell, Polybutylene Plumbing Class Action
- Moye v. Exxon/Mobil Corp.
- Representation of a Taft-Hartley health and welfare fund in a consumer class action against Quest Diagnostics arising from the company’s marketing and sale of blood testing kits, promoting the accuracy and reliability of these kits, when unbeknownst to the general public these kits were known within the company to be defective.
- Representation of bank customers whose certificates of deposit were automatically renewed upon maturity at rates much lower than the bank was currently offering to new customers despite being assured that their CD would be invested at the current rate.
- Representation of purchasers of Volkswagen and Audi vehicles equipped with defective plenum drains, pollen filter seals and sunroof drains permitting water ingress which compromised the vehicles’ brake booster, transmission control module, other electrical components and the vehicles interior.
- Representation of a class of silver bullion purchasers and holders that were being overcharged for the storage of unallocated silver bullion. This matter was successfully litigated and resulted in a 100% recovery of storage charges.