California

Firm overview

Founded in 1982, Berman Tabacco is a national law firm with offices in California and Massachusetts. The firm has devoted its practice to complex litigation, primarily under the securities and antitrust laws, as well as other related services requested by its institutional clients and consumer class actions.

Securities Litigation: Berman Tabacco has over 40 years of securities -litigation experience and has represented public pension funds, multiemployer plans and other institutional investors in that area since 1998. The firm has prosecuted some of the largest securities cases and has recovered billions of dollars on behalf of investors. The firm prides itself on its client-focused approach, exercising superior legal judgment in advising clients about complex cases. Indeed, the quality of the firm’s evaluations and litigation acumen is evidence by several facts. First, Berman Tabacco’s dismissal rate for cases brought under the federal securities laws is less than half the overall dismissal rate for such cases, based on the reported dismissal rate by one authoritative study, Securities Class Action Filings: 2023 Year in Review, pp. 19, 37 (Cornerstone Research 2024). Second, Berman Tabacco appears as one of the firms with the most settlements on the list of the top 100 largest securities class actions in ISS Securities Class Action Services’ published report, Top 100 U.S. Class Action Settlements of All Time (as of 12/31/2023).

Selected successes include:

• In re IndyMac Mortgage-Backed Sec. Litigation, No. 1:09-cv-04583 (LAK) (S.D.N.Y.). As lead counsel, the firm recovered $346 million on behalf of the class against investment-bank underwriters and officers, which was one of the largest mortgage-backed-securities class action settlements and the largest paid by underwriter defendants.
• California Public Employees’ Retirement System v. Moody’s Corp., No. CGC-09-490241 (Cal. Super. Ct. San Francisco Cty.). As sole counsel, the firm recovered $255 million from Moody’s and Standard and Poor’s entities in this landmark individual action on behalf of the California Public Employees’ Retirement System alleging negligent misrepresentations in connection with rating three structured investment vehicles.
• In re BP plc Sec. Litigation, No. 4:10-md-02185 (S.D. Tex.). The firm recovered $175 million on behalf of the class—one of just four mega securities class action settlements in 2017 (settlements of $100 million or more), according to Cornerstone Research—in this hard-fought litigation on behalf of shareholders of BP American Depository Shares arising out of BP’s Deepwater Horizon explosion, one of the worst oil spills in history. Class members who submitted claims received approximately 115% of their recoverable losses.
• In re Fannie Mae 2008 Sec. Litigation, No. 08-cv-07831 (PAC) (S.D.N.Y.). Representing co-lead plaintiff Massachusetts Pension Reserves Investment Management Board, the firm resolved claims for $170 million alleging that Fannie Mae failed to disclose (i) growing exposure to high-risk mortgages as well as (ii) problems with the company’s risk controls, both of which led to federal conservatorship in 2008.
• In re Aegean Marine Petroleum Network, Inc. Sec. Litigation, No. 18-cv-04993-NRB (S.D.N.Y.). As sole lead counsel representing a state pension fund, the firm negotiated $41.749 million settlement on behalf of investors in this action involving a Greek company that declared bankruptcy, where the defendants were residents of Greece and where much of the evidence and witnesses were located in Greece. In addition to recouping monies from the two outside auditors and insurance proceeds on behalf of the former officer, the firm also succeeded in obtaining a personal cash settlement from the other individual defendant.
• Oklahoma Police Pension and Retirement System v. Sterling Bancorp, Inc., et al., No. 2:20-cv-10490 (E.D. Mich.). As sole lead counsel representing Oklahoma Police Pension and Retirement System, the firm achieved a $12.5 million settlement on behalf of the class in this action which alleged, among other things, that defendants misled investors from its IPO forward regarding its core product, the Advantage Loan Program, and its compliance with the Bank Secrecy Act/Anti-Money Laundering provisions. The settlement is significant because it was reached early in the case and represented approximately 20% of the alleged damages (which is far higher than the median recovery for securities fraud class actions overall of less than 5%) even though the company’s continued viability was in question.

Antitrust Litigation: Berman Tabacco’s antitrust practice also has a national reputation for prosecuting class actions that involve anticompetitive conduct and con-spiracies to fix or maintain prices. Over the years, the firm has played a major role in the prosecution of numerous landmark antitrust cases and some of the largest antitrust settle-ments—recovering billions of dollars for class members. The following are examples of the antitrust group’s efforts:

• Automobile Antitrust Cases I and II, JCCP Nos. 4298 and 4303, Nos. CJC-03-004298 and CJC-03-004303 (Cal. Super. Ct. San Francisco Cty.). Berman Tabacco was lead trial counsel for plaintiffs in a California state court action (and was previously chair of the executive committee for plaintiffs in the federal multidistrict class action, In re New Motor Vehicles Canadian Export Antitrust Litig., No. 03-md-1532 (D. Me.)), against leading automakers for alleged violations of the antitrust laws with regard to the pric-ing and importation of automobiles from Canada into the United States. In advance of trial and after almost 20 years of litigation, Plaintiffs settled with the final defendant for $82 million, which received Court approval on October 31 2022. This brought total settlements in the related federal and state cases to $137.85 million.
• In re Lithium Ion Batteries Antitrust Litigation, No. 13-md-02420-YGR (N.D. Cal.). Berman Tabacco was co-lead counsel for the class of direct purchasers of lithium-ion rechargeable batteries in a class action alleging that defendant manufacturers participated in a conspiracy in violation of federal antitrust laws to fix the prices of lithium-ion rechargeable batteries (which are commonly used in devices such as note-book computers, cell phones, and digital cameras). The firm successfully negotiated settlements totaling $139.3 million, which was approved in May 2018.

Moreover, in the past decade, the firm’s antitrust and securities attorneys have been prosecuting class actions on behalf of its institutional clients alleging that class members suffered investment losses due to violations of the antitrust laws. Select examples include:

• Dennis, et al. v. JPMorgan Chase & Co., et al., No. 1:16-cv-06496-LAK (S.D.N.Y.). Berman Tabacco was Plaintiffs’ Counsel representing Orange County Employees Retirement System in this action alleging that defendants conspired to manipulate the Australian Bank Bill Swap Reference Rate (“BBSW”) and the prices of BBSW-based derivatives. The firm successfully negotiated settlements in the total amount of$185.875 million, which were approved by the court on November 2, 2022.
• Sullivan v. Barclays PLC, et al., No. 13-cv-02811 (PKC) (S.D.N.Y.). Berman Tabacco represents California State Teachers’ Retirement System in this action alleging that over a dozen major banks colluded in violation of the antitrust laws to manipulate the EURIBOR, a global reference rate used to benchmark and price over $200 trillion of financial products. As of July 2024, partial settlements totaling $651.5 million have been approved by the court.
• Laydon v. Mizuho Bank, Ltd., No. 1:12-cv-03419 (GBD) (S.D.N.Y.) & Sonterra Capital Master Fund, Ltd. v. UBS AG, No. 1:15-cv-05844 (GBD) (S.D.N.Y.). Berman Tabacco is counsel for plaintiffs representing California State Teachers’ Retirement System in these actions alleging that bank traders and their affiliates colluded in violation of antitrust laws to manipulate the Euroyen TIBOR and Yen LIBOR rates—benchmark rates used to determine interest rates and to price Japanese Yen-based financial instruments. As of July 2024, partial settlements totaling $364.5 million have been achieved and approved by the court.
• In re European Government Bonds Antitrust Litigation, No. 19-cv-2601 (S.D.N.Y.). Berman Tabacco is Interim Co-Lead Counsel and counsel for plaintiff San Bernardino County Employees’ Retirement Association in this action alleging defendant banks conspired with each other for years to manipulate the prices at which they transacted European Government Bonds in the secondary market with U.S investors. The Court has approved the first $40 million in settlements and the final approval hearing for $80 million in settlements with the remaining defendants is scheduled for December 6, 2024.

Updated Oct 2024

Firm overview

Sanford Heisler Sharp McKnight is a nationwide, plaintiffs-side law firm that was founded in 2004 by David Sanford and Jeremy Heisler to litigate public interest and social justice cases that make a significant difference in society. In 2017, Kevin Sharp, a former Chief Judge of the United States District for the Middle District of Tennessee, joined the firm as its third named partner. In 2024, H. Vincent McKnight Jr., Co-Chair of the firm’s Whistleblower and Qui Tam Practice Group, became a fourth named partner.

David Sanford has served as lead counsel in more than 50 class actions and numerous significant qui tam fraud cases; he has represented over 100 general counsel, in-house counsel, and lawyers in claims against their law firms and companies. Over the course of his 42-year legal career, Jeremy Heisler has achieved notable success in employment, civil rights, and consumer class actions and complex multiparty and multistate litigation, producing hundreds of millions of dollars in settlements to class members and individuals. Judge Sharp has nearly 30 years of experience litigating and/or presiding over complex civil litigation cases, qui tam and whistleblower matters, products liability claims, malpractice cases, class action matters, ERISA claims, and civil rights matters. H. Vincent McKnight Jr. is a leading voice on whistleblower law who has generated approximately $5 billion for the U.S. government and clients during the past ten years.

The firm has offices in New York, Washington, D.C., Palo Alto, San Francisco, San Diego, and Nashville. The firm has recovered over a billion dollars for its clients, and continues to move the needle in high-profile, precedent-setting litigation not only by winning significant compensation, but also through achieving real change in companies and institutions to create a more equitable environment and enlightened management policies.

The firm is committed to helping and giving a voice to disadvantaged groups and individuals, assisting whistleblowers litigate their claims, representing employees seeking relief from employers’ retirement fund mismanagement and abuses, and advocating for employees and executives in a wide range of employment disputes, including severance negotiations, wrongful termination, retaliation, wage and hour violations, sexual harassment, and gender, sexual orientation, race, national origin, and disability discrimination. The firm also promotes social and economic change by increasing media awareness and stimulating public dialogue.

The firm’s lawyers are successful in protecting plaintiffs’ rights in federal and state courts, in settlement negotiations, and in arbitrations nationwide. The firm has forged ahead, often against the odds, and achieved success against major technology firms, including Oracle, Western Digital, and Alaska Communication Systems; pharmaceutical giants like Merck, Novartis, Sanofi, and others; premier law firms in the United States such as Chadbourne & Parke (now Norton Rose Fulbright), Sedgwick, Morrison & Foerster, and Proskauer Rose; and top universities, including Dartmouth College, Columbia University, New York University, and the University of Arizona. The firm has waged and won lawsuits that have protected thousands of employees’ rights to have their 401(k) retirement plans appropriately managed as required by the federal Employee Retirement Income Security Act (“ERISA”).

The firm excels at holding institutions accountable when they cause harm, consistently advocating for victims of discrimination, harassment, and sexual assault, including employees at Fortune 500 companies, attorneys in Big Law, and university faculty and students, and routinely pursues cases against institutions such as schools, daycares, and religious institutions that fail to keep children safe from sexual abuse.

Most firms would shy away from challenging the most powerful interests in society. Sanford Heisler Sharp McKnight has taken on the largest corporations in the world and has succeeded.

Among the Firm’s Notable Successes.

In re: GE ERISA: In 2024, the United States District Court for the District of Massachusetts granted final approval of a $61 million settlement of a nationwide class action lawsuit against General Electric (“GE”). Our firm originated the lawsuit, filed under the Employee Retirement Income Security Act (ERISA) in 2017, alleging that GE failed to offer any alternative investments to its own proprietary, under-performing mutual funds in its employee 401(k) plan. Our firm regularly represents employees invested in 401(k) plans against their employers for alleged breaches of ERISA, including by allowing investment advisors to charge plans unreasonable fees and for failing to monitor and remove poorly performing investment options.

Crime Victims’ Rights Appeal: On August 30, 2024, the Maryland Supreme Court ordered the Baltimore City Circuit Court to conduct a new hearing to determine whether Adnan Syed’s 1999 conviction for the murder of Hae Min Lee, the subject of the podcast “Serial,” should be vacated. Our appeal on behalf of Ms. Lee’s brother, Young Lee, argued that the Circuit Court violated Mr. Lee’s constitutional and statutory rights as a crime victim’s representative in 2022 by failing to give Mr. Lee adequate notice to appear, hear the evidence overturning Mr. Syed’s conviction, and comment meaningfully on whatever evidence the state could produce in support of vacating Mr. Syed’s conviction.

Robinson v. De Niro and Canal Productions: In 2023, in the United States District Court for the Southern District of New York, a jury found Canal Productions liable for gender discrimination and retaliation and awarded our client, Graham Chase Robinson, $1.2 million. Ms. Robinson was Robert De Niro’s former longtime executive assistant. The jury also rejected Canal’s counter-claims of conversion, breach of fiduciary duty, and breach of the duty of loyalty.

Military Sexual Assault: The firm is representing 18 John Doe plaintiffs in Federal Tort Claims Act (FTCA) administrative complaints against the U.S. Department of the Army and the U.S. Department of Defense (collectively, “the Army”). The FTCA complaints seek to hold the Army responsible for failing to protect the plaintiffs from being sexually abused by an Army doctor who has been criminally charged for the sexual abuse of numerous soldiers and veterans in his care at Joint Base Lewis-McChord in Tacoma, Washington.

Whistleblower/Qui Tam: In 2023, our firm and the U.S. government settled a whistleblower action under the False Claims Act (FCA) with International Vitamin Corporation (“IVC”), a leading importer of dietary supplements. As part of the settlement, IVC agreed to pay the U.S. government $22.865 million to resolve claims that it systematically skirted customs duties on thousands of imports of nutritional supplements from China between 2015 and 2019 by fraudulently reporting incorrect tariff classifications and duty rates on the imports. The Complaint also alleged that IVC knew that it had evaded more than $10 million in duties but failed to inform the government and pay the duties as required under applicable law.

United States Marshals Service: In 2024, the Equal Employment Opportunity Commission (EEOC) granted final approval of a $15 million settlement in a nearly 30-year-long race discrimination class action alleging that the United States Marshals Service (“USMS”) discriminated against African Americans in its promotions, recruitment, and hiring policies for Deputy U.S. Marshals positions. As part of the settlement, the USMS agreed to institute significant programmatic reforms to its hiring practices.

Updated Oct 2024

Firm overview

Gibson, Dunn & Crutcher LLP, a leading international law firm, consistently ranks among the world’s top law firms in industry surveys and major publications. The firm is distinctively positioned in today’s global marketplace with more than 1,800 lawyers and 21 offices.

Litigation Practice: Acclaimed as a litigation powerhouse, Gibson Dunn and the members of the Litigation practice have a long record of outstanding successes. The American Lawyer named Gibson Dunn a Finalist in its 2022 Litigation Department of the Year competition, noting that “when news breaks and the pressure rises, clients call Gibson Dunn’s litigators to regain control.” This award follows the firm’s unprecedented four wins in this biennial competition.

The members of our litigation practice group are not just litigators, they are first-rate trial lawyers. Each year, we try numerous cases to verdicts before juries, judges and arbitrators. Our clients have trusted us to try their most significant disputes to verdict.

We have tried cases and argued appeals before the U.S. Supreme Court and state supreme courts in addition to federal and state courts across the United States involving almost every foreseeable area of controversy. We also handle disputes before a wide variety of nonjudicial forums, from federal and state agencies to international arbitrations.

Antitrust & Trade Regulation: Gibson Dunn serves clients in virtually every significant area of antitrust and trade regulation law, including cartel and government civil investigations, class action treble damage litigation, private antitrust litigation, government review of mergers and acquisitions, and trade regulation matters.

Appellate: Gibson Dunn has one of the nation’s leading appellate practices with broad experience in complex appellate litigation at all levels of the state and federal court systems. The practice has been involved in matters covering an array of constitutional, statutory, regulatory and common-law issues. Our lawyers have presented arguments in front of the Supreme Court of the United States nearly 160 times.

Business Restructuring & Reorganization: The firm has extensive experience in both US and multinational insolvencies. Its lawyers regularly represent and counsel official creditors’ committees, ad hoc creditor groups, secured lenders, investors and companies (including DIP and exit financing) in out-of-court work-outs and Chapter 11 cases.

Commercial Litigation & Arbitration: Gibson Dunn’s approach emphasizes the full spectrum of services for our clients. Our litigators are trained to evaluate actual and potential cases at the earliest stages, to first determine if litigation can be avoided, or, if it is filed, whether the matter can be resolved quickly and economically. We pride ourselves on handling our litigation matters as efficiently as possible. Gibson Dunn lawyers are fully familiar with a wide array of alternative dispute resolution techniques, including arbitration, mediation, “mini-trials” and the like. 

Intellectual Property: Gibson Dunn’s deep bench of trial lawyers with technical backgrounds, advanced degrees and industry experience provides the necessary insight to develop and defend against sophisticated claims in a wide range of industries and complex technologies. Our litigators are recognized throughout the industry as leaders in prosecuting, defending and trying IP claims in federal and state courts, before administrative bodies including the U.S. International Trade Commission (ITC) and U.S. Patent and Trademark Office (USPTO), as well as before arbitration panels.

Labor & Employment: Gibson Dunn is known for our unsurpassed ability to help the world’s preeminent companies tackle their most challenging labor and employment matters. We have prevailed in what are believed to be the largest class actions under several different U.S. employment laws, including Title VII, the Americans with Disabilities Act, and the wage and hour laws. Gibson Dunn has also worked on high-profile ERISA cases, nationally recognized Sarbanes-Oxley ‘whistleblower’ cases and aggressive advocacy on OSHA issues. 

Securities Litigation, Regulation & Corporate Governance: A recognized leader in the defense of securities class actions, derivative litigation and SEC enforcement actions, the firm advises companies on disclosure, accounting and regulatory issues for domestic and foreign regulatory bodies. The partners include nationally recognized securities class action defense counsel and a number of former senior officials with the SEC, NASD and DOJ.

Transnational Litigation: Gibson Dunn’s Transnational Litigation practice specializes in protecting clients against claims in U.S. and other courts stemming from overseas activities, as well as reducing and eliminating the risks posed by foreign litigation that, if unchecked, threaten company-wide implications. Our uniquely skilled, creative and experienced transnational team is equipped to manage all aspects of cross-border litigation, including devising, coordinating and implementing offensive and defensive global strategies and has represented clients in some of the highest-profile cases around the world. Gibson Dunn’s international team consists of US, English, French, Spanish and German-qualified lawyers, many of whom are dual qualified.

White Collar Defense & Investigations: The firm defends prominent companies and executives against federal and state prosecutions and has conducted numerous sensitive internal investigations in areas including anti-money laundering; computer and IP crimes; environmental violations and compliance; FCPA matters; forfeiture (civil and criminal); health care fraud; privacy; procurement fraud; securities, financial institution and accounting fraud; and tax offenses. The practice group includes numerous former federal and state prosecutors and officials, many of whom served at high levels within the DOJ, SEC and other key investigative arms of the government. 

Firm overview

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The world’s leading organizations and global players choose Proskauer to represent them when they need it the most. With 800+ lawyers in key financial centers around the world, we are known for our pragmatic and commercial approach. Proskauer is the place to turn when a matter is complex, innovative and game-changing. We work seamlessly across practices, industries and jurisdictions with asset managers, private equity and venture capital firms, Fortune 500 and FTSE companies, major sports leagues, entertainment industry legends and other industry-redefining companies.

Proskauer lawyers are at the cutting edge of contentious matters and have extensive trial experience in virtually every major forum across the globe. Proskauer has established itself as the go-to litigation and labor & employment firm for Fortune 100 companies, titans of the sports and cultural world, industry leaders in consumer products, and even commonwealths in times of existential crisis. We represent clients in challenging circumstances, address novel critical issues, and have a strong track record of success, securing landmark victories in the most high-profile of matters.

Our litigators have the depth, breadth and experience to handle disputes across industries and practice areas, including antitrust, products liability, asset management, sports, labor & employment, bankruptcy, copyright, false advertising, trademark, insurance recovery, international arbitration, patents, privacy and cybersecurity, real estate, securities, and white collar. Our clients turn to us for all aspects of litigation: trials, appeals (including at the Supreme Court), investigations, counseling, and government contractor issues.

Proskauer is consistently ranked for its litigation capabilities throughout the United States and abroad. We have earned top rankings from The American Lawyer (including regional publications), Benchmark Litigation, U.S. News Best Lawyers, Daily Journal, Los Angeles Business Journal, and Chambers, among others. The Firm was also previously noted in the New York Law Journal as a General Litigation Finalist for Litigation Department of the Year.

Clients called on us throughout the year to help them navigate their most challenging disputes, and we met the moment. Recent representations include:

• Lead outside counsel to the Financial Oversight and Management Board for Puerto Rico. The Oversight Board was created under PROMESA, a federal statute enacted in 2016, to oversee the restructuring of Puerto Rico’s finances. The Oversight Board represents the Commonwealth and related public entities in the largest ever series of municipal restructurings in the United States. At the height of its crisis, the Commonwealth of Puerto Rico had approximately $74 billion of bond debt and $55 billion of under (or un-) funded public pension liabilities. The litigations surrounding Puerto Rico’s fiscal crisis, pending in the District of Puerto Rico, likely represent the single most active docket in the federal courts over the last seven years, and perhaps the most consequential matter in decades involving municipal and territorial restructurings.
• Secured a complete defense verdict victory for Sanderson Farms in a case alleging a nationwide conspiracy to reduce the supply of broiler chicken. Thirteen other defendants settled for hundreds of millions; our client Sanderson was the sole defendant to go to trial. Following a six-week trial, an Illinois jury delivered a full defense verdict, rejecting claims that our client participated in a supply reduction conspiracy with other producers in the industry. The Proskauer team defeated a damages claim totaling more than $7 billion, which – had the jury ruled against Sanderson – would have been automatically tripled by statute to $21 billion.
• Lead trial counsel for Netflix, director/writer Ava DuVernay, and writer Attica Locke in a defamation case in federal court in New York brought by Linda Fairstein, former head of the Manhattan DA's sex crimes unit. The matter related to the defendants’ series “When They See Us,” which recounts the wrongful convictions of the Central Park 5. The plaintiff alleged that the series’ portrayal of her by actress Felicity Huffman depicted her in a false and defamatory light. We obtained an extremely successful resolution when the plaintiff decided to walk away from the case on the eve of trial, settling with no payment to her or her lawyers and no confidentiality provision related to the settlement. Netflix agreed to move one sentence of the existing disclaimer from the end credits to the opening credits as part of the settlement and will voluntarily donate $1 million to the Innocence Project.
• Lead trial counsel for Gilead Sciences in various California state and federal product liability actions brought by ~20,000 plaintiffs related to Gilead's HIV prevention and treatment drugs, alleging either that Gilead was negligent in its development of TAF drugs, or that its TDF drugs were defectively designed and failed adequately to warn about the increased risk of potential kidney disease and bone injury that could result from use of its highly effective and FDA-approved HIV medications. The first federal bellwether trial was set for April 2024, but the plaintiff dismissed the case after Gilead prevailed on its motion to exclude the testimony of the primary plaintiff expert witness on the ground that the proposed testimony presented questionable scientific evidence.
• Lead counsel for the National Football League in actions filed by apparel distributors and NFL merchandise purchasers in federal court in New York alleging that the NFL’s agreements with Fanatics, Inc., a manufacturer, supplier and distributor of licensed sportswear and merchandise, violate state and federal antitrust laws.
• Defense of Major League Soccer against a federal lawsuit brought by the North American Soccer League against MLS and the US Soccer Federation following US Soccer’s decision not to sanction NASL as a Division II professional league for the 2018 season. NASL alleges that MLS and U.S. Soccer are engaged in an antitrust conspiracy to ensure that MLS is the sole Division I soccer league in the United States, and further alleges that MLS is an illegal monopoly in violation of the Sherman Act.
• Counsel to Bright Data Ltd. in two cases of first impression addressing whether social media platforms can use their terms of service and other state and federal law to prohibit public search and scraping of public information by non-account holders. In a case against meta, the Court granted Bright Data's summary judgment motion on Meta's breach of contract claim, after which Meta voluntarily dismissed its remaining tortious interference claim and waived its right to appeal, securing Bright Data’s right to engage in public search. In a case against X (formerly Twitter), the court completely dismissed the complaint, ruling that X failed to allege a claim based on access to its public site, and any claim based on copying public data was pre-empted by the Copyright Act. The dismissal creates a significant precedent that social media companies cannot unilaterally restrict public access to information they do not own but have made publicly available.
• Defense of Sandoz and its subsidiary, Fougera Pharmaceuticals, Inc. in In re: Generic Pharmaceuticals Pricing Antitrust Litigation, which includes dozens of cases consolidated in an MDL pending in the Eastern District of Pennsylvania, as well as actions brought by a State AGs in the District of Connecticut, alleging that pharmaceutical manufacturers conspired to fix the prices of and/or allocate markets and customers for certain generic pharmaceutical products.

Updated Oct 2024