Mr. Kaplan is widely recognized as a leading plaintiff’s litigator and has led the prosecution of numerous class actions and shareholder derivative actions, recovering billions of dollars for the victims of corporate wrongdoing. He was lead counsel for CalPERS in AOL Time Warner Cases I & II (Ca. Sup. Ct., L.A. Cty.), and was a lead in In re Merrill Lynch & Co., Inc. Securities, Derivative & ERISA Litigation, In re Escala Securities Litigation and In re Bank of America Corp. Securities Litigation, in which a settlement in the amount of $2.425 billion and corporate governance changes was approved by the Court.
In the antitrust arena, Mr. Kaplan earned a reputation as a leading litigator. He is a lead counsel in In re Air Cargo Antitrust Litigation (more than $1.25 billion in settlements) and was recently appointed by Courts as lead counsel in the DIPF Antitrust Litigation, In re Cast Iron Soil Pipe and Fittings Antitrust Litigation, and In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation.
He also represents clients in private antitrust actions, including: Affiliated Foods, Inc., Associated Grocers of New England, Inc., URM Stores, Inc., Western Family Foods, Inc., and Associated Food Stores, Inc. in individual cases against Tri-Union Seafoods, LLC, d/b/a Chicken of the Sea, King Oscar, Inc., Bumble Bee Foods, LLC f/k/a Bumble Bee Seafoods, LLC, and StarKist Co., No. 15-cv-4312, No. 15-cv-3815, No. 15-cv-4187, No. 15-cv-4667 (N.D. Cal.).
He previously served, as lead counsel or member of the Executive Committee in numerous plaintiff treble damage actions including In re Neurontin Antitrust Litigation, MDL No. 1479, Master File No. 02-1390 (D.N.J.) ($190 million recovered); In re High Fructose Corn Syrup Antitrust Litigation, MDL No.1087, Master File No. 95-1477 (C.D. Ill) ($531 million recovered); In re Flat Glass Antitrust Litigation, MDL 1200 (W.O. Pa.) ($122 plus million recovered) (Mr. Kaplan successfully argued an appeal before the U.S. Court of Appeals for the Third Circuit, which issued a ground-breaking and often-cited summary judgment opinion
Mr. Kaplan is currently representing financial institutions across the country in data breach cases against Home Depot and is a member of the Plaintiffs’ Steering Committee. He is also representing a group of individuals in a class against Horizon Healthcare Services alleging willful and negligent violations of the Fair Credit Reporting Act, as well as violations of state law, based on Horizon’s failure to adequately protect the Plaintiffs’ personal information.
In addition, he has also been active in bar and legal committees, including the Federal Bar Council, the Trade Regulation and Federal Courts Committees of the Association of the Bar of the City of New York, and the Eastern District of New York’s Courts Committee on Civil Litigation.
Updated Oct 2023
