Arkansas Teacher Retirement System v. State Street Corp.

Settled: November 02, 2016

$300 million recovered from State Street in connection with FX Trades

Labaton Sucharow serves as lead counsel for the plaintiff Arkansas Teacher Retirement System (ATRS) in this class action against Boston-based financial services company, State Street Corporation (State Street). On November 2, 2016, the court granted final approval of a $300 million settlement with State Street.

The plaintiffs claim that State Street, as custodian bank to a number of public pension funds, including ATRS, was responsible for foreign exchange (FX) trading in connection with its clients' global trading. Over a period of many years, State Street systematically overcharged those pension fund clients, including Arkansas, for those FX trades. Despite actually transacting FX exchanges within the legitimately recognized “range of the day,” State Street reported to its clients exchange rates far less favorable to those clients. Due to the lack of regulation and transparency in the FX industry, it was all but impossible for State Street’s public pension funds to detect this ongoing deception. After surviving a motion to dismiss, review and analysis of several million pages of documents, consultation with experts, and multiple negotiation and mediation sessions, the parties came to an agreed-upon settlement. State Street also separately entered into agreements with the Department of Justice, the Securities and Exchange Commission, and the Department of Labor.

At the final approval hearing, the court commended Arkansas Teacher Retirement System and Labaton Sucharow for their work. “The plaintiffs’ counsel were required to develop a novel case. This is not a situation where they piggybacked on the work of a public agency that had made certain findings. They were required to be pioneers to a certain extent. They were required to engage in substantial discovery that included production of nine million documents. They engaged in arduous arm's length negotiation that included 19 mediation sessions. They had to stand up on behalf of the class to experienced, able, energetic, formidable adversaries. They did that. And as I said, they generated a fair and reasonable return for the class, $300 million.”

Final Approval

A final approval hearing was held on November 2, 2016 at 2:00 p.m., at which the court approved the settlement and related relief. There is no claim process, however if you are a Group Trust or represent a Group Trust, you were required to submit a certification by December 20, 2016, as explained in the Notice.

If you have questions about the settlement, please contact Labaton Sucharow at settlementquestions@labaton.com or 1-888-219-6877, or contact the Claims Administrator, A.B. Data, Ltd., at 877-240-3540.

Additional Proceedings After November 2, 2016

After the final approval hearing was held, and the settlement and request for attorneys’ fees and expenses were approved, Lead Counsel notified the court of certain inadvertent errors in the motion for fees and expenses previously submitted to the court. On March 8, 2017, the court appointed a special master to review the fee and expense application and to issue a report and recommendation. All filings with the court concerning these additional proceedings are available using the links to the right.

The case is Arkansas Teacher Retirement System v. State Street Corp. et al., No. 11-cv-10230 (D. Mass.). The lead plaintiff is Arkansas Teacher Retirement System. The defendant is State Street Corporation.

Case Materials

Stipulation of Settlement

Notice of Settlement

Supplemental Notice of Additional Proceedings

Final Judgment (November 2, 2016)

Order Approving Fees and Expenses (November 2, 2016)

Order Approving Plan of Allocation (November 2, 2016)

Lead Counsel's Brief re: Motion for Approval of Settlement

Lead Counsel's Brief re: Motion for Fees and Expenses

Declaration of Lead Counsel and Exhibits 1-15

Declaration of Lead Counsel and Exhibits 16-32

Reply Brief

Defendants' Brief in Support of Settlement

Additional Proceedings After November 2, 2016

Dkt No. 116-138 (November 10, 2016-February 22, 2017)

Dkt No. 139-179 (February 22, 2017-March 13, 2017)

Dkt. No. 180-199 (March 13, 2017-April 4, 2017)

Dkt. No. 200, 202-205 (April 11, 2017-May 4, 2017)

Dkt. No. 206-211 (May 25, 2017-November 2, 2017)

Dkt. No. 213-214 (December 13, 2017-December 14, 2017)

Dkt. No. 216 (March 1, 2018)

Dkt. No. 217 (April 23, 2018) 

Dkt. No. 219-228 (May 14, 2018-May 17, 2018)

Dkt. No. 229-233 (May 24, 2018-May 25, 2018)

Dkt. No. 237-256 (May 31,2018-June 6, 2018)

Dkt. No. 258-260 (June 6, 2018-June 7, 2018) 

Dkt. No. 263-279 (June 8, 2018-June 9, 2018)

Dkt. No. 282-294 (June 11, 2018-June 12, 2018)

Dkt. No. 296-300 (June 13, 2018-June 15, 2018)

Dkt. No. 301-315 (June 19, 2018-June 21, 2018)

Dkt. No. 316-335 (June 21, 2018-June 22, 2018)

Dkt. No. 343-351 (June 25, 2018-June 26, 2018)

Dkt. No. 356-365 (June 28, 2018)

Dkt. No. 366-373. (June 29, 2018)

Dkt. No. 379-385 (July 5, 2018-July 9, 2018)

Dkt. No. 386-392 (July 11, 2018-July 13, 2018)

Dkt. No. 393-396 (July 13, 2018)

Dkt. No. 398-400 (July 19, 2018-July 20, 2018)

Dkt. No. 401.00-50, Exhibit 1 - 51 (July 24, 2018) (Part 1)

Dkt. No. 401.51-101, Exhibits 52-102 (July 24, 2018) (Part 2)

Dkt. No. 401.102-152, Exhibits 103-153 (July 24, 2018) (Part 3)

Dkt. No. 401.153-203, Exhibits 154-204 (July 24, 2018) (Part 4)

Dkt. No. 401.204-256, Exhibits 205-245 (July 24, 2018) (Part 5)

Dkt. No. 401.257-278, Exhibits 246-266 (July 24, 2018) (Part 6)

Dkt. No. 402-403 (July 25, 2018)

Dkt. No. 404-408 (July 26, 2018 - July 27, 2018)

Dkt. No. 409-413 (July 31, 2018 - August 1, 2018)

Dkt. No. 414-422 (August 3, 2018 - August 6, 2018)

Dkt. No. 420-425 (August 6, 2018 - August 7, 2018)

Dkt. No. 426-444 (August 7, 2018 - August 9, 2018)

Dkt. No. 445-453 (August 10, 2018 - August 14, 2018)

Dkt. No. 454-457 (August 16, 2018)

Dkt. No. 458-459 (August 21, 2018)

Dkt. No. 460-461 (August 28, 2018)

Dkt. No. 462-464 (September 5, 2018 - September 6, 2018)

Dkt. No. 465 (September 7, 2018)

Dkt. No. 466-468 (September 18, 2018)

Dkt. No. 469 (September 20, 2018)