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  • Case Name
  • Aegean Marine Petroleum Network Securities LitigationAegean Marine Petroleum Network Securities Litigation
    Current Cases

    On September 14, 2022, the Court granted final approval of the two Partial Settlements in this matter. For more information about the settlement, please see  the settlement website at:  http://www.aegeansecuritieslitigation.com/ Berman Tabacco is Lead Counsel representing Lead Plaintiff, a state public pension…

  • Aetna Life Insurance Co.Aetna Life Insurance Co.
    $37,400,000
    Successes

    Berman Tabacco represented Aetna Life Insurance Co. in a complex four-year long state court case that culminated in a successful trial in 2016. In this matter, Aetna sued seven San Francisco Bay Area outpatient surgical facilities, certain of its principals…

  • Alberto-CulverAlberto-Culver
    Improved Disclosures and agreement terms
    Successes

    Berman Tabacco represented Oklahoma Firefighters Pension and Retirement System as a member of the Plaintiffs' Executive Committee in a case alleging breach of fiduciary duty by the board of beauty and personal care products manufacturer Alberto-Culver. The case stemmed from…

  • Allstate Consumer Class ActionAllstate Consumer Class Action
    Current Cases

    Berman Tabacco is counsel for plaintiffs in this consumer class action against defendants Allstate Insurance Company and Heap, Inc.  As alleged in the complaint, Allstate offers consumers online quotes for insurance policies by filling out a form in which the…

  • Alphabet Shareholder Derivative LitigationAlphabet Shareholder Derivative Litigation
    $310,000,000 fund for workplace initiatives and other changes to company practices
    Successes

    Berman Tabacco serves as a member of Lead Plaintiffs’ Counsel’s Executive Committee representing Alphabet shareholders suing derivatively on behalf of the Company. The shareholders allege that certain officers and board directors breached their fiduciary duties to the Company by permitting and participating in a “culture of concealment” resulting in long-standing patterns of sexual harassment and discrimination by high-powered male executives as well as by failing to implement and maintain an effective system of internal controls, which led to a serious data breach at the Company (commonly referred to as Google).

  • American Airlines and JetBlue Antitrust LitigationAmerican Airlines and JetBlue Antitrust Litigation
    Current Cases

    The complaint in this action alleges that JetBlue Airways Corp. and American Airlines Group, Inc. colluded, rather than competed, for customers in the Northeast through their anticompetitive agreement, called the Northeast Alliance. The complaint alleges that the airlines, through the Northeast Alliance, drove up travel costs for travelers across the country, in violation of federal antitrust laws. The complaint seeks to recover excess fees and airfare for all travelers that have flown through Boston, New York, or Newark since the defendants struck their anticompetitive Alliance.

  • American Express Co.American Express Co.
    Current Cases

    On January 29, 2019, Berman Tabacco filed this antitrust action alleging damages, restitution, and injunctive relief against the American Express Company and American Express Travel Related Services Company, Inc. (collectively, “Amex”). This action is brought on behalf of the millions…

  • American Home MortgageAmerican Home Mortgage
    $37,250,000
    Successes

    As co-lead counsel representing the Oklahoma Police Pension and Retirement System, Berman Tabacco negotiated a $37.25 million settlement – including $4.75 million from auditors Deloitte & Touche and $8.5 million from underwriters – despite the difficulties American Home’s bankruptcy posed…

  • American Web Loan Tribal LendingAmerican Web Loan Tribal Lending
    $86,000,000, plus $100.5 million in loan cancelation and other non-monetary relief
    Successes

    Berman Tabacco is co-lead counsel in a class action brought on behalf of individuals who took out high interest rate loans from American Web Loan (“AWL”), an online lender that purports to be an arm of the Otoe-Missouria Tribe (the…

  • AmerisourceBergen Corp. Derivative LitigationAmerisourceBergen Corp. Derivative Litigation
    Current Cases

    Berman Tabacco represents client in this derivative action alleging that certain officers and directors of AmerisourceBergen Corp. breached their fiduciary duties to the company in connection with an illegal scheme to produce and market unapproved prefilled syringes in violation of…

  • Aqua Metals Securities LitigationAqua Metals Securities Litigation
    $7,000,000
    Successes

    Berman Tabacco was co-lead counsel representing Plymouth County Retirement Association in a securities class action lawsuit against Aqua Metals, Inc. on behalf of all persons who acquired the common stock of Aqua Metals, Inc. (“Aqua Metals”) during the period between…

  • Australian Dollar LIBOR Antitrust LitigationAustralian Dollar LIBOR Antitrust Litigation
    $185,875,000
    Successes

    Berman Tabacco represented Orange County Employees Retirement System (OCERS) in the Australian Dollar LIBOR Antitrust class action, where plaintiffs alleged that traders at large banks manipulated a key currency benchmark at least as early as January 1, 2003, thereby injuring…

  • Avon Products, Inc.Avon Products, Inc.
    $62,000,000
    Successes

    As a member of the executive committee representing named plaintiffs City of Brockton Retirement System and Louisiana Municipal Police Employees’ Retirement System, Berman Tabacco negotiated a $62 million settlement that was approved in 2016. The action alleged that Avon Products, Inc.…

  • BankUnited Financial CorporationBankUnited Financial Corporation
    $3,057,000
    Successes

    Berman Tabacco was lead counsel representing the Oklahoma Police Pension and Retirement System and Louisiana Municipal Police Employees’ Retirement System and negotiated a settlement of $3,057,000, likely the maximum possible recovery given the “wasting” nature of defendants’ directors’ and officers’…

  • Bayer Securities LitigatioBayer Securities Litigatio
    Current Cases

    Berman Tabacco is liaison counsel for the class in this securities fraud class action brought under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 on behalf of all persons or entities that purchased…

  • Bear Stearns CompaniesBear Stearns Companies
    $294,900,000
    Successes

    The State of Michigan Retirement Systems, as lead plaintiff, negotiated $294.9 million in settlements in this marquee case arising from one of the highest-profile collapses of the 2008 financial meltdown.

  • Bluegreen CorporationBluegreen Corporation
    Increase in merger consideration by $75,000,000, then settled for additional $36,500,000
    Successes

    In this action, Berman Tabacco represented a class of Bluegreen shareholders in this action alleging that the Bluegreen board of directors was controlled by Bluegreen directors Alan Levan and John Abdo, and because of this, they agreed to sell Bluegreen…

  • BPBP
    $175,000,000
    Successes

    Berman Tabacco was co-lead counsel representing co-lead plaintiff the Ohio Public Employees Retirement System. Lead plaintiffs reached a $175 million settlement to resolve claims brought on behalf of a class of investors who purchased BP’s American Depositary Shares between April…

  • BP Ordinary SharesBP Ordinary Shares
    Confidential
    Successes

    Berman Tabacco represented four Ohio pension funds— Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, School Employees Retirement System of Ohio, and Ohio Police & Fire Pension Fund (the “Ohio Funds”)—in connection with an individual action filed…

  • Bristol-Myers IIBristol-Myers II
    $300,000,000
    Successes

    This case was on appeal when the defendants agreed to a $300 million cash settlement following a district court judge’s dismissal of the claims.

  • California Gasoline Spot Market AntitrustCalifornia Gasoline Spot Market Antitrust
    Current Cases

    Berman Tabacco is Chair of Plaintiffs’ Executive Committee in the consolidated action In re California Gasoline Spot Market Antitrust, No. 3:20-cv-03131-JSC (N.D. Cal.) against multinational energy companies Vitol Inc.; SK Energy Americas, Inc.; and SK Trading International Co. Ltd., as…

  • CalPERS v. Moody’sCalPERS v. Moody’s
    $255,000,000
    Successes

    Representing CalPERS, the nation's largest public pension fund, Berman Tabacco achieved settlements totaling $255 million from two rating agencies—Standard & Poor's and Moody's—for CalPERS' claims that the agencies top "AAA" ratings on the senior notes of three structured investment vehicles (SIVs) were negligent misrepresentations under California law. The settlements rank as the largest known recoveries from Moody's and S&P in a private lawsuit for civil damages relating to ratings.

  • Canadian Car Antitrust - Federal ActionCanadian Car Antitrust - Federal Action
    Over $55 million
    Successes

    Berman Tabacco was lead counsel in a nationwide antitrust class action captioned In re New Motor Vehicles Canadian Export Antitrust Litigation, No. 03-1532 (U.S. District Court, District of Maine). The firm represented car buyers who alleged that several of the…

  • Canadian Car Antitrust – California ActionCanadian Car Antitrust – California Action
    $82,000,000
    Successes

    Berman Tabacco was one of the firms leading an action on behalf of plaintiff car buyers against defendant Ford Motor Company of Canada Ltd. (“Ford Canada”) in California state court in San Francisco. The lawsuit alleged that Ford Canada and…

  • Cardizem CD AntitrustCardizem CD Antitrust
    $80,000,000
    Successes

    Berman Tabacco brought the first action centered on so-called “pay-to-delay” agreements between a brand name drug maker and a generic drug maker. It resulted in an $80 million settlement from the companies accused of keeping a generic version of the blood pressure medication Cardizem CD off the market.

  • Centene Derivative LitigationCentene Derivative Litigation
    Current Cases

    Berman Tabacco represents the Plaintiff in this derivative action against current and former members of the Board of Directors and executive officers of Centene Corporation. Centene is a health insurance company and the largest provider of Medicaid plans in…

  • Columbia Gas LitigationColumbia Gas Litigation
    $143,000,000
    Successes

    Berman Tabacco serves on the Executive Committee and Plaintiffs’ Steering Committee in this consolidated class action lawsuit against Bay State Gas Company (doing business as) Columbia Gas of Massachusetts and NiSource, Inc. (collectively “Columbia Gas”) and certain Columbia Gas contractors,…

  • Dairy America, Inc.Dairy America, Inc.
    $40,000,000
    Successes

    The firm serves as a member of the Interim Executive Committee and as liaison counsel on behalf of a proposed class of dairy farmers who sold raw milk according to prices set by the federal government. Plaintiffs allege that the…

  • De Beers AntitrustDe Beers Antitrust
    $295,000,000
    Successes

    The firm’s work in this $295 million case is believed to be the first successful prosecution of diamond giant DeBeers under U.S. antitrust laws and one where the company agreed to an injunction limiting its ability to restrict the worldwide supply of diamonds in the future. This case also serves as a template for corralling foreign monopolists.

  • Digital Domain Media Group, Inc.Digital Domain Media Group, Inc.
    $5,500,000
    Successes

    The firm is acting as court-appointed co-lead counsel in a class action lawsuit seeking to recover money investors lost due to alleged securities law violations at Digital Domain Media Group, Inc.

  • Digital LightwaveDigital Lightwave
    $155,450,000
    Successes

    Defrauded investors ended up recovering more than $200 million – twice what they had lost – thanks to a carefully calculated decision to include undervalued stock in the settlement.

  • DRAM AntitrustDRAM Antitrust
    $325,997,000
    Successes

    As liaison counsel, Berman Tabacco actively participated in this multidistrict litigation, which ultimately resulted in significant settlements with some of the world’s leading manufacturers of Dynamic Random Access Memory (DRAM) chips. The defendant chip-makers allegedly conspired to fix prices of…

  • El PasoEl Paso
    $110,000,000
    Successes

    Berman Tabacco represented the Oklahoma Firefighters Pension and Retirement System in this action alleging that the El Paso board of directors breached its fiduciary duties by agreeing to a less-than-value-maximizing merger transaction between El Paso and Kinder Morgan, Inc. (“KMI”),…

  • El Paso Corp.El Paso Corp.
    $285,000,000
    Successes

    As co-lead counsel representing the Oklahoma Firefighters Pension and Retirement System, Berman Tabacco negotiated a $285 million settlement, including $12 million from the auditor, PricewaterhouseCoopers in this securities fraud class action. This action related to El Paso Corporation’s reporting of…

  • Emergent BioSolutions Derivative LitigationEmergent BioSolutions Derivative Litigation
    Current Cases

    Berman Tabacco represents Employees Retirement System of the State of Rhode Island (“ERSRI”) in this derivative action against the Board of Directors and certain officers of Emergent BioSolutions, Inc.  This case alleges that Emergent’s Board and management failed to implement…

  • EnergySolutionsEnergySolutions
    11% increase in the merger consideration valued at approximately $39 million
    Successes

    Berman Tabacco served as co-lead counsel representing co-lead plaintiff, the Louisiana Municipal Police Employees' Retirement System, in this action challenging the terms of a merger. The case settled for an 11% increase in the merger consideration valued at approximately $39…

  • Enterasys NetworksEnterasys Networks
    $50,000,000 plus corporate governance reforms
    Successes

    Berman Tabacco acted as sole lead counsel in a case against Enterasys Networks, Inc., in which the Los Angeles County Employees Retirement Association was lead plaintiff. The company settled for $17 million in cash, stock valued at $33 million and…

  • Euribor AntitrustEuribor Antitrust
    Current Cases

    Berman Tabacco represents the California State Teachers' Retirement System, in a class action against numerous Wall Street banks for price-fixing financial instruments tied to the Euro Interbank Offered Rate ("Euribor"). Euribor is an interest rate benchmark used globally each year…

  • European Government Bonds Antitrust LitigationEuropean Government Bonds Antitrust Litigation
    Current Cases

    Berman Tabacco is co-lead counsel in this antitrust class action, representing its client San Bernardino County Employees’ Retirement Association and other named plaintiffs and the putative class. This action seeks recovery for U.S. investors under federal antitrust law, for damages…

  • Extreme NetworksExtreme Networks
    $7,000,000
    Successes

    Berman Tabacco served as liaison counsel in a federal securities action filed against Extreme Networks, Inc. in the Northern District of California. Extreme Networks develops and sells network infrastructure equipment, including wired and wireless devices for accessing the Internet and…

  • Fannie Mae IIFannie Mae II
    $170,000,000
    Successes

    The firm recouped $170 million of investors’ losses in Fannie Mae during the 2007-2009 Financial Crisis without further burdening taxpayers, which required innovative legal strategies where the defendant company was under U.S. government conservatorship.

  • Firefighters PFAS LitigationFirefighters PFAS Litigation
    Current Cases

    Berman Tabacco represents several current and former Massachusetts firefighters and certain of their spouses in litigation against manufacturers, designers, sellers, suppliers, and distributors of Class B firefighting foams and the specialized turnout gear (or “bunker gear”) worn by firefighters. Each…

  • Force Protection Inc.Force Protection Inc.
    $24,000,000
    Successes

    As co-lead counsel representing the Laborers’ Annuity and Benefit System of Chicago, Berman Tabacco negotiated a $24 million settlement in a securities class action against armored vehicle manufacturer Force Protection, Inc. The settlement addressed the claims of shareholders who accused…

  • Forex AntitrustForex Antitrust
    $2,310,275,000
    Successes

    Berman Tabacco represented Fresno County Employees' Retirement Association as a named plaintiff in a class action alleging that the world's largest banks conspired to fix prices in the foreign exchange market in violation of the federal antitrust laws. The alleged…

  • General Electric Co.General Electric Co.
    $40,000,000
    Successes

    As sole lead counsel representing the State Universities Retirement System of Illinois, Berman Tabacco negotiated a $40 million settlement. The case alleged that General Electric (“GE”) concealed from investors substantial credit risks in its financial services unit, GE Capital. For…

  • Generic Pharmaceuticals Pricing Antitrust LitigationGeneric Pharmaceuticals Pricing Antitrust Litigation
    Current Cases

    In this large multidistrict litigation, Berman Tabacco was retained by a Taft-Hartley fund and represents a putative class of end-payer plaintiffs pursuing price-fixing claims against some of this country’s largest generic drug manufacturers. Plaintiffs allege that defendants—over thirty generic drug…

  • GSE Bonds Antitrust LitigationGSE Bonds Antitrust Litigation
    $386,500,000
    Successes

    On February 22, 2019, Berman Tabacco, with co-counsel, filed the first of many complaints filed in this action (City of Birmingham Ret. and Relief Sys. v. Bank of American, N.A., No. 19-cv-1704 JSR (S.D.N.Y.)), on behalf of its clients Electrical…

  • Healthcare Services GroupHealthcare Services Group
    $16,800,000
    Successes

    Berman Tabacco was Lead Counsel representing Lead Plaintiff, a state public pension fund, in a securities fraud class action lawsuit against Healthcare Services Group, Inc. (“HCSG”) and several of its executive officers on behalf of all persons who acquired HSCG…

  • Heartland High-Yield Municipal Bond FundHeartland High-Yield Municipal Bond Fund
    $8,250,000 (total settlement was $23,250,000)
    Successes

    Berman Tabacco attorneys conducted a three-week jury trial against final defendant, PwC, before a settlement was reached for $8.25 million. The total settlement amount was $23.25 million. This was one of the first cases to go to trial after the…

  • ICG CommunicationsICG Communications
    $18,000,000
    Successes

    As co-lead counsel representing the Strategic Marketing Analysis Fund, Berman Tabacco negotiated an $18 million settlement with ICG Communications Inc. The case alleged that ICG executives misled investors and misrepresented growth, revenues and network capabilities. The court granted final approval…

  • ICN/ViratekICN/Viratek
    $14,500,000
    Successes

    After a six-week trial that resulted in a hung jury, this securities fraud class action settled for $14.5 million. Plaintiffs alleged that defendant pharmaceutical company and its officers misrepresented results of clinical trials of its AIDS drug. The claim was…

  • IndyMac Mortgage-Backed SecuritiesIndyMac Mortgage-Backed Securities
    $346,000,000
    Successes

    Faced with a bankrupt issuer, Berman Tabacco took on the former IndyMac directors and the investment banks that underwrote and sold dozens of IndyMac MBS certificates sold to investors allegedly based on misinformation that dramatically understated the risk profile of the securities. The $346 million settlement remains, by far, the largest MBS class action settlement where the issuing bank was insolvent.

  • Inotiv, Inc. Securities LitigationInotiv, Inc. Securities Litigation
    Current Cases

    Berman Tabacco is sole Lead Counsel representing Oklahoma Police Pension and Retirement System in a securities fraud class action lawsuit against Inotiv, Inc. (“Inotiv”) and certain of its executive officers on behalf of all persons who acquired publicly traded Inotiv…

  • Interior Molded Doors Antitrust LitigationInterior Molded Doors Antitrust Litigation
    $61,600,000
    Successes

    Berman Tabacco was counsel for Direct Purchaser Plaintiffs in this action which alleged that the defendants engaged in collusive pricing and an illegal market allocation for sales of “interior molded doors” in violation of Section 1 of the Sherman Act,…

  • International Rectifier Corp.International Rectifier Corp.
    $90,000,000
    Successes

    Berman Tabacco, as co-lead counsel representing the Massachusetts Laborers’ Pension Fund, alleged that International Rectifier engaged in numerous accounting improprieties to inflate its financial results. Berman Tabacco and its co-counsel were successful in defeating the bulk of defendants’ motions to…

  • Jay Peak, EB-5 FraudJay Peak, EB-5 Fraud
    $150,000,000
    Successes

    Berman Tabacco represented a class of foreign investors who invested in the Jay Peak ski resort through the federal EB-5 Immigrant Investor Program. Plaintiffs alleged that their investment funds were improperly commingled and misappropriated in a Ponzi-like scheme. A $150 million settlement was reached with Raymond James in connection with their alleged involvement in the commingling of investor funds.

  • KLA-Tencor Corp.KLA-Tencor Corp.
    $65,000,000
    Successes

    As chair of the executive committee representing co-lead plaintiff Louisiana Municipal Police Employees’ Retirement System, Berman Tabacco negotiated a $65 million agreement to settle claims that KLA-Tencor illegally backdated stock option grants, issued false and misleading statements regarding grants to…

  • KwiksetKwikset

    Berman Tabacco represented three union clients as amicus curiae before the California Supreme Court in this consumer action alleging that Kwikset falsely labeled products as “Made in the USA.” The California Supreme Court’s ultimate opinion (Kwikset Corp. v. Superior Court,…

  • Ladder Financial Consumer LitigationLadder Financial Consumer Litigation
    Current Cases

    Berman Tabacco is counsel for plaintiffs in this consumer class action against defendants Ladder Financial, Inc. and FullStory, Inc.  As alleged in the complaint, Ladder offers consumers online quotes for insurance policies by filling out a form in which the…

  • Lernout and HauspieLernout and Hauspie
    $180,520,000
    Successes

    Attorneys cut an innovative deal with Belgian prosecutors to obtain seized documents that proved pivotal to plaintiffs successfully resolving the cases for more than $180 million despite the fact that the fraud that left Lernout bankrupt settled.

  • Lithium Ion Batteries AntitrustLithium Ion Batteries Antitrust
    $139,300,000
    Successes

    The firm is Co-Lead Counsel for the proposed class of direct purchasers of lithium-ion reachargeable batteries, a class action pending in the U.S. District Court for the Northern District of California.

  • MarvellMarvell
    $72,000,000
    Successes

    As local counsel and key member of litigation team, Berman Tabacco actively assisted in the prosecution of this securities class action that settled for $72 million on behalf of investors. The case contended that defendants engaged in a scheme to…

  • MetlifeMetlife
    $50,000,000
    Successes

    The case arose out of the demutualization of insurance giant Metropolitan Life Insurance Co., where policyholder-members exchanged for consideration their interests in that mutual company for shares (or a cash equivalent) in a new stock company – MetLife, Inc. Plaintiffs…

  • Natera, Inc. Consumer LitigationNatera, Inc. Consumer Litigation
    Current Cases

    Berman Tabacco is local counsel for plaintiffs in this consumer class action case against defendant Natera, Inc. related to its  deceptive, unfair, and abusive billing practices.  Natera is a genetic testing company in San Carlos, California that offers a range…

  • Nationwide FinancialNationwide Financial
    Increased offer by 11%, benefiting shareholders by $232.8 million
    Successes

    In re Nationwide Financial Services Inc. Consolidated Shareholders Litig., C.A. No. 3690-VCN (Del. Chancery Court)

  • Nexium AntitrustNexium Antitrust
    $24,000,000
    Successes

    As liaison counsel representing a class of insurers and individual consumers (or “End-Payors”), Berman Tabacco participated in this first “reverse payment” action to go to trial. Prior to trial, the consolidated plaintiffs negotiated a settlement with Teva Pharmaceuticals USA, Inc.…

  • Norvir AntitrustNorvir Antitrust
    $10,000,000
    Successes

    Berman Tabacco acted as co-lead counsel in a case on behalf of indirect purchasers alleging that the defendant pharmaceutical company engaged in an illegal leveraged monopoly in the sale of its AIDS boosting drug known as Norvir (or Ritanovir). The…

  • Online DVD Rental AntitrustOnline DVD Rental Antitrust
    $27,250,000
    Successes

    This antitrust case accuses Netflix and Wal-Mart Stores of conspiring to drive up monthly prices for millions of online movie rental subscribers. The firm sits on the steering committee representing plaintiffs.

  • OpenTVOpenTV
    Improved terms of Tender Offer
    Successes

    Representing minority shareholders in a tender offer, the firm obtained a settlement that both cured certain allegedly coercive aspects of the proposed transactions and provided for additional material disclosures in an amendment to the offering materials.

  • Optical Disk DriveOptical Disk Drive
    $74,900,000
    Successes

    Berman Tabacco served as a member of the executive committee for the proposed class of direct purchasers of optical disk drives ("ODDs"), in this multidistrict litigation filed in the U.S. District Court for the Northern District of California, representing plaintiff…

  • OracleOracle
    $122,000,000 (including $100,000,000 in charitable donations)
    Successes

    Representing investors challenging insider trading in a landmark derivative action, the firm reached a historic settlement with Oracle’s then CEO, Lawrence J. Ellison, whereby he personally made $100 million in charitable donations in Oracle’s name. This settlement, one of the largest in a derivative action, stands as a rare private suit where a corporate insider was held to account for alleged insider trading activities.

  • Par Pharmaceutical Cos.Par Pharmaceutical Cos.
    $8,100,000
    Successes

    As counsel for court-appointed lead plaintiff, the Louisiana Municipal Police Employees’ Retirement System, Berman Tabacco obtained an $8.1 million settlement from the company and its former CEO and CFO, which the court approved in January 2013. The case alleged that…

  • PHC, Inc.PHC, Inc.
    $3,000,000
    Successes

    Berman Tabacco is co-counsel in this case alleging that Bruce Shear, the Chief Executive Officer and President of PHC, Inc. (“PHC”) was PHC’s controlling shareholder and in that role negotiated a $5 million “sweetener” for himself as a condition to…

  • Philip ServicesPhilip Services
    $79,750,000
    Successes

    As co-lead counsel, Berman Tabacco negotiated settlements totaling $79.75 million with the bankrupt company’s former auditors, top executives and underwriters. The case alleged that Philip Services and its executives made false and misleading statements regarding the company’s publicly reported revenues,…

  • Pillar PointPillar Point
    $50 million
    Successes

    Berman Tabacco served as co-Lead counsel in In re Pillar Point Antitrust and Patent Litigation, MDL 1202 (D. Az.), on behalf of a class of laser eye surgery clinics against two U.S. manufacturers of laser eye equipment who allegedly fixed…

  • Portola Pharmaceuticals, Inc. Securities LitigationPortola Pharmaceuticals, Inc. Securities Litigation
    $17,500,000
    Successes

    On March 6, 2023, the Court granted final approval of the settlement in this matter. For more information about the settlement, please see the settlement website at:  https://www.portolasecuritieslitigation.com/ Berman Tabacco represented sole Lead Plaintiff Alameda County Employees’ Retirement Association in this class action,…

  • Prison RealtyPrison Realty
    $120 million
    Successes

    Berman Tabacco represented the former shareholders of Corrections Corporation of America, which merged with another company to form Prison Realty Trust, Inc. The action charged that the registration statement issued in connection with the merger contained untrue statements. Overcoming arguments…

  • Qui Tam CasesQui Tam Cases
    Current Cases

    Firm policy is to keep our whistleblower cases confidential in the interests of protecting client anonymity.

  • QVAR Antitrust LitigationQVAR Antitrust Litigation
    Current Cases

    Berman Tabacco represents the named plaintiff and the proposed class in this class action lawsuit brought under federal and state antitrust laws and state unfair trade practices laws alleging that defendant Teva and its affiliates, embarked on a nearly decade-long…

  • Reformulated Gasoline (RFG)Reformulated Gasoline (RFG)
    $48,000,000
    Successes

    Berman Tabacco, as co-lead counsel, negotiated a $48 million settlement with Union Oil Company and Unocal.  The agreement settled claims that the defendants manipulated the California gas market for summertime reformulated gasoline and increased prices for consumers.  The noteworthy settlement…

  • ReliantReliant
    $75,000,000
    Successes

    As lead counsel representing the Louisiana Municipal Police Employees’ Retirement System, Berman Tabacco negotiated a $75 million cash settlement from the company and Deloitte & Touche LLP. The action alleged that Reliant Energy, and later its subsidiary Reliant Resources, engaged…

  • Shields Health Care Group Data Breach LitigationShields Health Care Group Data Breach Litigation
    Current Cases

    Berman Tabacco is Interim Co-Liaison Counsel representing plaintiffs in a class action lawsuit against Shields Health Care Group, Inc. (“Shields”), a provider of healthcare services in the New England Region, including Massachusetts, Maine, Rhode Island, and New Hampshire.  The action…

  • Sinclair Broadcast Group Derivative ActionSinclair Broadcast Group Derivative Action
    $25,000,000 plus substantial corporate governance reforms
    Successes

    Berman Tabacco represented plaintiff Norfolk County Retirement System in this derivative action on behalf of Sinclair Broadcast Corporation, Inc. (“Sinclair”) which was before the Honorable Catherine C. Blake in the United States District Court for the District of Maryland. Plaintiffs alleged…

  • Skillsoft PLC (f/k/a Smartforce PLC)Skillsoft PLC (f/k/a Smartforce PLC)
    $38,500,000
    Successes

    Representing the Teachers’ Retirement System of Louisiana as co-lead plaintiff, Berman Tabacco negotiated a $30.5 million partial settlement with SkillSoft. Subsequently, the firm also negotiated an $8 million cash settlement with Ernst & Young Chartered Accountants and Ernst & Young…

  • Sorbates AntitrustSorbates Antitrust
    $96,500,000
    Successes

    Berman Tabacco served as lead counsel alleging that six manufacturers of Sorbates, a food preservative, violated antitrust laws through participation in a worldwide conspiracy to fix prices and allocations to customers in the United States. The firm achieved total settlement…

  • State StreetState Street
    $89,750,000
    Successes

    As co-lead counsel, Berman Tabacco negotiated a $89.75 million cash settlement, which represented nearly 60 percent of what investors lost as a result of the change in investment. The case centered on allegations that State Street breached its fiduciary duties…

  • Steel Products AntitrustSteel Products Antitrust
    $193,900,000
    Successes

    The firm partnered with lead counsel on behalf of direct purchasers in this antitrust class action against the largest steel producers in the United States. The action alleged that these steel producers, representing as much as 85% of steel production…

  • Sterling Bancorp, Inc. Securities LitigationSterling Bancorp, Inc. Securities Litigation
    $12,500,000
    Successes

    Berman Tabacco represented Oklahoma Police Pension and Retirement System in this securities fraud class action lawsuit against Sterling Bancorp, Inc. (“Sterling” or the “Company”), certain of its current and former officers and directors, and the underwriters for the Company’s initial…

  • Streamlabs LLC Consumer LitigationStreamlabs LLC Consumer Litigation
    Current Cases

    Berman Tabacco is local counsel for plaintiffs in this consumer class action against Streamlabs LLC.  Streamlabs is a company that offers live streaming software that enables video streamers to broadcast their live stream on platforms such as YouTube and Twitch,…

  • Symbol TechnologiesSymbol Technologies
    $163,000,000
    Successes

    Berman Tabacco represented the Louisiana Municipal Police Employees’ Retirement System as co-lead plaintiff, obtaining settlements totaling $163 million. Lead Plaintiffs alleged that defendants, including the company’s auditors, issued false and misleading statements regarding Symbol’s financial results for the years ended…

  • TFT-LCD (Flat Panel) AntitrustTFT-LCD (Flat Panel) Antitrust
    $437,000,000
    Successes

    Berman Tabacco served as one of counsel representing plaintiffs in a class action against makers of Thin-Film Transistor Liquid Crystal Displays (TFT-LCD) for violations of federal antitrust laws. Plaintiffs alleged that the display manufacturers unlawfully agreed to restrict the supply…

  • Thalomid/RevlimidThalomid/Revlimid
    $55,000,000
    Successes

    Berman Tabacco is plaintiff’s counsel representing New England Carpenters Health Benefits Fund in this antitrust class action seeking damages arising out of Celgene’s alleged unlawful exclusion of competition from the market for two drugs (i) thalidomide, which Celgene sells under…

  • Think Finance Tribal LendingThink Finance Tribal Lending
    $47,000,000
    Successes

    Berman Tabacco was co-counsel in nationwide class actions brought on behalf of individuals who took out high interest online loans issued in the names of two entities purportedly operated by Native American Tribes: Plain Green and Great Plains Lending. Plaintiffs alleged that Plain Green and Great Plains Lending were controlled by non-tribal entities and individuals, including the Texas-based high-interest lender, Think Finance. Berman Tabacco and its co-counsel pioneered the prosecution of these actions as nationwide class actions and played a key role in settlements with Think Finance and related entities that provided recoveries of approximately $47 million for consumer borrowers.

  • Toilet NutToilet Nut
    $23,000,000
    Successes

    The firm has been appointed to the Plaintiffs' Steering Committee and serves as Liaison Counsel for this proposed product liability class action involving toilet nut connectors.

  • Toys “R” UsToys “R” Us
    $56,000,000 ($20M cash; $36M in charitable donations)
    Successes

    This case accused Toys “R” Us of colluding with toymakers to keep popular toys out of discount stores. As part of the $56 million settlement, Toys “R” Us agreed to donate $36 million in toys to charity. The case developed the antitrust laws with respect to a “hub and spoke” conspiracy where a downstream power seller coerces upstream manufacturers to the detriment of consumers.

  • UCARUCAR
    $40,000,000 and corporate governance changes
    Successes

    Berman Tabacco represented the Florida State Board of Administration as the lead plaintiff in a securities claim arising from an alleged accounting restatement related to antitrust violations. The settlement, which was approved in 2000, provided for a $40 million cash…

  • UnitedHealth Derivative LitigationUnitedHealth Derivative Litigation
    Current Cases

    Berman Tabacco represents Amalgamated Bank in Central Laborers Pension Fund and Amalgamated Bank v. Burke, C.A. 2019-0299-TMR (Del. Ch.), a derivative action seeking to hold members of UnitedHealth’s Board of Directors and executives implemented incentive programs that rewarded the submission…

  • UnocalUnocal
    $48,000,000
    Successes

    As co-lead counsel, Berman Tabacco negotiated a novel settlement against Unocal Corporation in an action alleging that the California oil company illegally monopolized Reformulated Gasoline (RFG), thereby forcing California consumers to pay artificially inflated prices for CARB-compliant summertime reformulated gas. RFG,…

  • UNUMProvident CorporationUNUMProvident Corporation
    $45,000,000
    Successes

    As a member of the executive committee representing plaintiffs, Berman Tabacco secured a $45 million settlement in a lawsuit stemming from the 1999 merger that created UNUMProvident. Shareholders of both predecessor companies accused the insurer of misleading the public about…

  • Velti PLCVelti PLC
    $10,250,000
    Successes

    As plaintiffs’ counsel representing named plaintiff St. Paul Teachers’ Retirement Fund Association, Berman Tabacco joined lead counsel to recover $10,250,000 on behalf of investors. Plaintiffs alleged that defendants (i) reported financial results that failed to comply with GAAP; (ii) overstated…

  • Walmart Opioid Derivative LitigationWalmart Opioid Derivative Litigation
    Current Cases

    Berman Tabacco represents the Norfolk County Retirement System in a derivative action seeking to hold Walmart’s controlling shareholders, Board of Directors, and senior management accountable for their alleged breaches of fiduciary duties in connection with the company’s opioid distribution and dispensing practices.

  • Wells Fargo Books and Records LitigationWells Fargo Books and Records Litigation
    $240,000,000 plus significant corporate governance reforms valued at $100 million
    Successes

    Berman Tabacco was co-lead counsel representing plaintiffs Massachusetts Laborers’ Pension Fund and Employees’ Retirement System of the City of Providence in Massachusetts Laborers’ Pension Fund v. Wells Fargo & Co, C.A. No. 12997-VCG (Del. Ch. Ct.) (the “Books and Records Action”). …

  • Wells Fargo TILAWells Fargo TILA
    $880,000 and changes to company practices
    Successes

    Berman Tabacco served as local counsel for a class of borrowers with mortgages held and serviced by Wells Fargo in an action alleging that the bank’s payoff statements violated the Truth in Lending Act (“TILA”) as they failed to disclose…

  • WorldComWorldCom
    $6,130,00,000
    Successes

    As counsel to court-appointed bondholder representatives, the County of Fresno, California and the Fresno County Employees’ Retirement Association, Berman Tabacco helped a team of lawyers representing the lead plaintiff obtain settlements worth more than $6.13 billion.

  • XeroxXerox
    $750,000,000
    Successes

    It took nearly a decade of hard-fought litigation, but when this shareholder lawsuit settled for $750 million, it ranked as the tenth largest of all time. The firm represented the only institutional lead plaintiff in the case, the Louisiana State Employees’ Retirement System.

  • Yen-LIBOR/Euroyen TIBOR Antitrust CaseYen-LIBOR/Euroyen TIBOR Antitrust Case
    Current Cases

    Berman Tabacco represents the California State Teachers' Retirement System in connection with two related class actions against numerous financial institutions for price-fixing financial instruments tied to the London Interbank Offered Rate ("LIBOR") for the Japanese Yen and the Euroyen Tokyo…

  • Zymergen Inc. Securities LitigationZymergen Inc. Securities Litigation
    Current Cases

    Berman Tabacco is counsel for West Palm Beach Firefighters’ Pension Fund, a named plaintiff, in this securities fraud class action brought on behalf of investors of Zymergen securities in connection with its April 2021 initial public offering (IPO).  Zymergen, a…

  • ZyngaZynga
    $23,000,000
    Successes

    This securities action filed against Zynga, Inc., a San Francisco-based social gaming company, seeks to recover losses resulting from misrepresentations made by Zynga's officers and directors about the company's business, operations and growth prospects.