Settled Cases
Abrams v. Van Kampen Funds, Inc.
As co-lead counsel, we secured a $31.5 million settlement in this case involving allegations that senior loan mutual funds reported materially overstated net asset values (NAVS) in prospectuses by failing to comply with SEC rules mandating the use of “mark-to-market” pricing.
In re Career Education Corporation Securities Litigation
A $4.9 million settlement was obtained in this case involving allegations that the company provided false information to investors regarding the number of qualified students attending its schools and regarding the company's accounting for debt owed to its schools by current and former students.
In re Computer Sciences Corporation Securities Litigation
On May 24, 2013, the Honorable T.S. Ellis, III of the United States District Court for the Eastern District of Virginia granted preliminary approval to the $97.5 million settlement with Computer Sciences Corporation (“CSC”), Michael W. Laphen, and Donald G. Debuck (collectively, the “Defendants”) in the class action, In re Computer Sciences Corporation Securities Litigation, Civ. No. 11-610-TSE-IDD (E.D. Va.).
In re Eaton Vance Corporation Securities Litigation
As co-lead counsel, after four years of litigation to the brink of trial, we secured a settlement valued at $10.7 million. The case involved allegations that senior loan mutual funds reported manually overstated net asset value (NAVs) in prospectuses by failing to comply with SEC rules mandating the use of "mark-to-market" pricing.
In re Empire State Realty Trust, Inc. Investor Litigation
In March 2012, Labaton Sucharow filed a class action in the Supreme Court of the State of New York, County of New York which, along with several additional actions, was consolidated before Justice O. Peter Sherwood (the “Court”) with the caption In re Empire State Realty Trust, Inc. Investor Litigation, under Index No. 650607/2012.
Gaines v. Consolidated Capital Institutional Properties L.P.
One of two cases brought on behalf of investors in a total of 6 partnerships whose general partner forced the limited partners out and took their partnership shares in exchange for a total of $3.8 million in compensation. Between the two actions, as co-lead counsel, we were able to obtain an additional $7.5 million from the general partner, nearly double the amount that the general partner had originally paid to the limited partners.
In re Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation
Labaton Sucharow serves as a lead counsel in this class action lawsuit on behalf of lawn care professionals and property owners against E. I. du Pont de Nemours and Company for damage to trees and other vegetation caused by DuPont's herbicide Imprelis®.
In re J.Crew Shareholder Litigation
After extensive arm’s-length negotiations, the parties reached a revised agreement to finally and fully resolve the claims asserted in the underlying action and the settlement litigation. The revised settlement agreement increased the payment to J.Crew’s shareholders from $10 million to $16 million.
In re K12 Inc. Securities Litigation
On March 22, 2013, the Honorable Claude M. Hilton of the United States District Court for the Eastern District of Virginia, Alexandra Division preliminarily approved a settlement in the proposed class action, David Hoppaugh, Individually and On Behalf of all Others Similarly Situated v. K12 Inc., Ronald J. Packard and Harry T. Hawks, 1:12-cv-00103-CMH-IDD.
Lancer Funds Securities Class Action Settlement (PwC Settlement)
On March 16, 2009 and May 6, 2009, the Honorable Kenneth A. Marra of the United States District Court for the Southern District of Florida granted final approval to two partial settlements proposed by some of the parties in the now certified securities fraud class action, Bruhl, et al. v. PricewaterhouseCoopers, et al. (S.D. Fla. 03-23044).
In re Lehman Brothers Equity/Debt Securities Litigation
$90 million settlement with the Directors and Officers and $426.2 million in settlements with 50 of the 51 underwriter defendants were obtained in this securities litigation arising from the subprime mortgage debacle. The case continues against the remaining defendants, UBS and E&Y.
Massachusetts Bricklayers and Masons Trust Funds v. Deutsche Alt-A Securities, Inc., et al. (Deutsche Mortgage Pass-Through Certificates Securities Litigation)
In this case involving allegations of omitted material information and false statements, as co-lead counsel we secured a $32.5 million settlement.
In re Natural Gas Commodity Litigation
Labaton Sucharow served as co-lead counsel in the recently-settled case In re Natural Gas Commodity Litigation, which involved manipulation by dozens of large energy companies of the price of natural gas futures contracts traded on the New York Mercantile Exchange (NYMEX).
In re Oppenheimer Champion Fund Securities Fraud Class Actions
We obtained a total of $100 million in settlements for two related securities class actions against OppenheimerFunds, involving allegations of omissions and materially false or misleading statements to the investing public regarding the investment profile and objectives of the Funds.
In re Oppenheimer Core Bond Fund Class Action Settlement
We obtained a total of $100 million in settlements for two related securities class actions against OppenheimerFunds, involving allegations of omissions and materially false or misleading statements and omissions to the investing public regarding the investment profile and objectives of the Funds.
In re Prudential Bache Energy Income Partnerships
Firm Chairman Lawrence Sucharow and Partner Joel Bernstein served as members of the executive committee of class counsel in In re Prudential Bache Energy Income Partnerships, a major class action litigated in federal court in the Eastern District of Louisiana beginning in early 1991, which resulted in a $91 million settlement.
In re Prudential Securities Incorporated Limited Partnerships Litigation
Firm Chairman Lawrence Sucharow and Partner Joel Bernstein were among class counsel in In re Prudential Securities Incorporated Limited Partnerships Litigation, MDL Docket No. 1005, a major class action involving the sale of risky limited partnerships where the $110 million settlement was approved by the Court on November 20, 1995.
In re STEC, Inc. Securities Litigation
On February 11, 2013, the Honorable James V. Selna of the United States District Court for the Central District of California preliminarily approved a settlement in the proposed class action, In re STEC, Inc. Securities Litigation, SACV 09-01304-JVS (MLGx). The settlement resolves all claims in the action against STEC, Inc. (“STEC”) and the Individual Defendants, Manouch Moshayedi, Mark Moshayedi and Raymond Cook (collectively, the “Defendants”), in exchange for a payment in the amount of $35.75 million in cash, plus interest.
In re Sterling Foster & Co., Inc. Securities Litigation
Beginning in October, 1994, the New York brokerage firm of Sterling Foster & Co. and its officers, along with others, engaged in a fraudulent scheme to acquire tens of millions of dollars in illicit profits through fraudulent underwritings of public offerings of six companies.
In re Van der Moolen Holdings N.V. Securities Litigation
In an action that arose from the 2003 specialist scandal, in which numerous specialists on the New York Stock Exchange were accused of engaging in front-running or trading ahead of their clients, we obtained an $8 million settlement as co-lead counsel.
