ieff Cabraser Representing the best qualities of the plaintiffs bar. National Law Journal

Transcription

1 ieff Cabraser Representing the best qualities of the plaintiffs bar. National Law Journal

2 The Brief 60+ attorneys Offi ces in San Francisco, New York, and Nashville Among the nation s largest plaintiffs fi rms Assisted clients recover over $91 billion in verdicts and settlements Landmark cases Attorney General multi-state tobacco litigation Bank of America & Wells Fargo overdraft fees litigation Broadcom shareholders derivative action Exxon Valdez and BP Gulf of Mexico oil disasters Fen-Phen & Vioxx prescription drug recalls Masonite defective siding & roofi ng litigation Microsoft & LCDs antitrust cases Swiss banks & insurance companies Holocaust cases Smith Barney, Abercombie & Fitch, and Home Depot employment discrimination cases University of Phoenix False Claims Act case What it Takes to Achieve Justice Justice. A word that encompasses the concepts of fairness, truth, and moral rightness. Unfortunately, justice is an ideal most deeply understood when it is absent: When investors are misled by a company s financial reports; When a business deceives its customers, defrauds the government, or harms competing businesses and consumers through price-fixing or the misuse of monopoly power; When a corporation sells a dangerous or defective product; From the day our fi rm was founded 41 years ago to the present, the pursuit of justice has motivated all of us at Lieff Cabraser. It is the engine that drives us to take a genuine, personal interest in your case and become heart-and-soul advocates for your rights. We bring what it takes to achieve justice: a large team of lawyers supported by substantial fi nancial, personnel, and technological resources and possessing the determination, knowledge, experience, and skills developed in repeatedly prevailing in high-stakes cases against many of the world s largest corporations. When a business refuses to hire or promote qualified members of an ethnic, racial, or gender group. Steven E. Fineman, Managing Partner

3 The free market only works when companies compete with each other. Knowing they may be held accountable if they cheat is a powerful incentive to obey the law. William Bernstein Partner, Antitrust & Intellectual Property Practice Group Our passion is holding accountable those whose fraud and misconduct have robbed investors of billions, no matter how wealthy or powerful those responsible for the losses are. Richard M. Heimann Partner & Chair of Securities & Financial Fraud Practice Group There is incredible value in not only bringing a company to justice but changing an entire industry. Kelly M. Dermody Partner & Chair of Employment Practice Group All of us have an instinct for justice, but we have to act on it. Elizabeth J. Cabraser Partner & Chair of Personal Injury Practice Group Lieff Cabraser Heimann & Bernstein LLP 01

4 Published annually by Best Thomson Lawyers Reuters, and U.S. Super News Lawyers selected magazine Lieff selects Cabraser as Super as Lawyers the national the top Law attorneys Firm of surveyed the Year in for each state, chosen in the by category peers of and plaintiffs through class independent actions and research. mass torts. The National Law Journal has selected Lieff Cabraser as one of the nation s top plaintiff s law firms for 11 years. Awardees demonstrate unusual dedication and creativity and represent the best qualities of the plaintiffs bar. 24 Lieff Cabraser Super Lawyers Benchmark Plaintiff, published by the Legal Media Group, has rated Lieff Cabraser as one of nation s top plaintiffs law firms for antitrust, employment, and mass tort/product liability law. Top rankings, year after year The victories we have achieved for our clients place our litigators among the nation s best. Over the past fi ve years, we have been recognized in: Benchmark Plaintiff Best Lawyers (including Lawyers of the Year) Best Lawyers/U.S. News Best Law Firms California Lawyer Attorneys of the Year Daily Journal s Top Practice Groups Daily Journal s Top 100 Attorneys in California Law 360 s Most Feared Plaintiffs Law Firms Lawdragon s Top 500 Plaintiffs Lawyers Legal 500 Martindale Hubbell AV Preeminent Peer Review National Law Journal s 100 Most Influential Lawyers in America National Law Journal s Plaintiffs Hot List National Law Journal s Plaintiffs Hot List Hall of Fame Super Lawyers (including Top 100, Top 50 Female, and Top 10 Super Lawyers) Super Lawyers Business Edition (Antitrust, Commercial, and Securities Litigation)

5 Championing Justice for Over 40 Years A Relentless Commitment to Remedying Fraud, Abuse, and Negligence The Founding Robert Lieff founded the firm after litigating for seven years as a name partner with the late Melvin Belli in San Francisco Estate of Harold Blauer v. United States Harold Blauer died in 1953 in a psychiatric institute after receiving mescaline, without his consent, as part of a chemical warfare experiment by the U.S. Army. Following the Army s disclosure of how Blauer died in 1975, we represented Blauer s estate in an action against the U.S. government, which vigorously contested liability for over a decade. In 1987, the Court found the Army liable for Blauer s death Capital Underwriters Securities Litigation We represent investors who purchased interests in real estate developments which Capital Underwriters oversold, in which all but one failed. We succeeded in obtaining the profits Capital Underwriters made on its one successful development for the defrauded investors In re FPI/Agretech Securities Litigation We served as Lead Class Counsel for investors defrauded in a Ponzilike limited partnership investment scheme. The Court approved $15 million in partial, pretrial settlements. At trial, the jury returned a $24 million verdict, including $10 million in punitive damages. The appellate court affirmed the compensatory damages award and remanded the case for a retrial on punitive damages. In 1994, the Court approved a $17 million settlement Exxon Valdez Oil Spill Litigation On March 24, 1989, the Exxon Valdez spilled 11 million gallons of oil into Prince William Sound, Alaska. We served as one of the court-appointed Plaintiffs Class Counsel representing thousands of fishermen. In 2009, the U.S. Supreme Court upheld punitive damages against Exxon. With interest, the total award to the plaintiffs was $1.5 billion Naef v. Masonite We served as Co-Lead Counsel in a national class action lawsuit. A month-long jury trial in 1996 established that Masonite hardboard siding was defective. Under a claims program that ran through 2008, homeowners received over $1 billion in cash payments for damaged siding Multi-State Tobacco Litigation We represented Attorneys General of several states and California cities and counties in landmark litigation against the tobacco industry, obtaining $42 billion in total settlements for our clients. The settlements required extensive changes to the marketing of cigarettes to reduce teen smoking.

6 1998 Butler v. Home Depot We represented a class of 25,000 female employees and job applicants who alleged gender discrimination by Home Depot. In 1998, the court approved an $87.5 million settlement that included comprehensive changes to Home Depot s hiring, promotion, and compensation practices Holocaust Cases We played a leading role in litigating claims by Holocaust survivors against banks, insurance companies, manufacturers, and others that profi ted from persecuting Jews and other minority groups. We donated our attorneys fees of $1.5 million in the Swiss banks case to endow a human rights chair at Columbia University Law School Claghorn v. Edsaco We served as the Lead Trial Counsel in a securities fraud class action lawsuit based on fictitious sales of software and other accounting fraud. The verdict of $170.7 million was one of the largest verdicts in the U.S. in Natural Gas Antitrust Cases The Court approved a record $1.1 billion settlement in antitrust litigation against El Paso Natural Gas Co. for manipulating the market for natural gas transmission into California. We served as Plaintiffs Co-Lead Counsel and Co-Liaison Counsel in the litigation Mraz v. DaimlerChrysler In a wrongful death lawsuit, we showed that a known defect in a Dodge Dakota pickup truck killed a young father. The jury returned a $54.4 million verdict for the family Barnett v. Walmart After eight years of intense and adversarial litigation, the court approved in 2009 a settlement valued at $35 million on behalf of a class of hourly Walmart workers in the state of Washington. The workers alleged they were deprived of meal and rest breaks and forced to work off the clock. In addition, Walmart was required to undertake measures to prevent wage and hour violations at its stores. This lawsuit and similar actions filed against Walmart served to reform pay procedures and employment practices for Walmart employees nationwide Gutierrez v. Wells Fargo Bank The Court found that Wells Fargo illegally manipulated the processing of debit card purchases by its California customers to maximize overdraft fees. The court ordered Wells Fargo to pay $203 million in restitution, which was one of the largest consumer protection and class action judgments in the U.S. in We served as Lead Trial Counsel in the case BP Gulf of Mexico Oil Disaster We serve on the Court-appointed Plaintiffs Steering Committee in the class action litigation arising out of the Deepwater Horizon oil rig blowout and resulting environmental disaster in the Gulf of Mexico. In March 2012, plaintiffs counsel reached a settlement with BP that will fully compensate hundreds of thousands of victims of the tragedy Sutter Health Billing Litigation We represented a whistleblower who charged that Sutter Health, one of California s largest healthcare providers, double billed for anesthesia services. Under a $46 million settlement Sutter ended this practice.

7 Our clients play the most important role in seeking justice by simply defending their rights - whether as employees, consumers, whistleblowers, or in countless other ways. Nimish R. Desai Partner, False Claims Act Practice Group Justice happens when an industry not only pays for its mistakes, but most importantly when it reforms its business practices. Michael W. Sobol Partner & Chair of Consumer Protection Practice Group All of our clients have suffered major losses. We never lose sight of their need to hold those responsible for their losses accountable. Wendy R. Fleishman Partner, Personal Injury Practice Group Justice serves as my moral compass. Sharon M. Lee Partner, Securities & Financial Fraud Practice Group Justice is giving access to the legal system, trying to right wrongs that victims have suffered, be they people, governments, or companies. Eric B. Fastiff Partner & Chair of Antitrust & Intellectual Property Practice Group Justice requires meaningful change, and we demand that change for our clients. Daniel M. Hutchinson Partner, Employment Practice Group Lieff Cabraser Heimann & Bernstein LLP 03

8 Best Lawyers and U.S. News selected Lieff Cabraser as a national Law Firm of the Year for plaintiffs in class actions, mass torts, and employment cases. What Achieving Justice Requires Deep Legal Talent and Resources Winning against massive corporations takes top talent and the financial and human resources required to carry your case to a successful outcome at the negotiating table and/or in court. Our attorneys receive top rankings year after year, teach at respected law schools, and hold leadership positions on critical cases and in legal associations. The fi rm s substantial fi nancial assets enable us to hire the most effective experts and support staff and to take on deep-pocketed defendants. We work hard to ensure that your interests prevail against powerful adversaries and to ensure that you receive personal attention throughout your case. Discernment and Determination We review thousands of cases each year, investigating and analyzing the facts and legal claims. We don t take every case that comes in the door. We take cases that are going to make a difference to an individual, a family, or an entire industry. We recommend litigation only when we believe that liability is clear and damages are recoverable. When we decide to pursue a case, we assume it will go to trial and commit the substantial fi nancial resources that will be needed should we actually go to court as we have in some of the most important civil cases in the United States over the past four decades.

9 Areas of Practice Antitrust and Intellectual Property Civil and Human Rights Commercial Litigation Consumer Protection Defective Products Employment Law Environmental Litigation False Claims Act Personal Injury and Mass Torts Securities and Investment Fraud Economic Justice for Businesses and Investors Antitrust and Intellectual Property We know how to fi ght and win against big corporations that fi x prices, steal copyrights and patents, and abuse market power to eliminate competitors. Through innovative settlements, we resolve complex cases, recover damages for our clients, and restore fairness to the marketplace. At the same time, we are fully committed and prepared to take cases to trial. In 2012, in the Liquid Crystal Display (LCDs) antitrust litigation, we obtained a jury verdict against Toshiba Corporation for participating in a global conspiracy to fi x the prices of LCDs. The case subsequently settled, bringing the total settlements with all defendants in the litigation to over $470 million. Securities and Financial Fraud Financial fraud and corporate misconduct have robbed investors of billions. Holding accountable those responsible for these losses has been a hallmark of our fi rm since its founding. We have obtained recoveries for institutional investors, including some of the nation s largest pension funds, in direct securities fraud actions. Awards in these cases have been far greater than what the funds would have recovered had they remained in related class cases. We also represent private investors, private funds, and Taft-Hartley funds. Lieff Cabraser Heimann & Bernstein LLP 05

10 Justice for All Consumers and Patients Consumer Protection and Defective Products From deceptive banking practices to defective products cars, building products, computers, medical devices, drugs, and electronic products we ve helped our clients obtain compensation for their losses and change industry practices. We obtained record recoveries for customers nationwide in class actions that charged their banks manipulated the processing of debit card purchases to maximize overdraft fees, including a $203 million award after trial against Wells Fargo Bank. We successfully represented low income and uninsured patients in class actions against California s largest hospital chains to stop exorbitant and unconscionable pricing of medical care. We ve recovered more than $2 billion in cash, plus other relief such as extended and enhanced warranties, for millions of consumers who bought products that did not perform as promised, from building products and major appliances to cars and high-tech equipment like computers. Personal Injury Lieff Cabraser has played a leading role in many of the most important personal injury and wrongful death cases in the United States over the last 41 years. We represented over 2,000 persons who suffered valvular heart disease, pulmonary hypertension, or other problems (such as needing echocardiogram screening for damage) due to and/or following exposure to Fen-Phen, and obtained more than $350 million in total for clients in individual cases and/or claims. We played a signifi cant role in negotiating a $1 billion settlement with Sulzer Orthopedics after it recalled tens of thousands of faulty hip and knee implants.

11 Employees Employment Law Discrimination and wage theft are ongoing problems in the workplace. Lieff Cabraser has stood up for hundreds of thousands of employees in class actions, recovering damages, back pay, overtime pay, and retirement benefi ts for workers, and ending discriminatory employment practices. We achieved settlements in gender and/or race discrimination cases in the fi nancial services, retail, and other large industries, including against Home Depot ($87 million settlement), FedEx ($55 million settlement), Abercrombie & Fitch ($50 million settlement), Bank of America/Merrill Lynch ($39 million settlement), and Smith Barney ($33 million settlement). All of these settlements included substantial injunctive relief to ensure greater employment and advancement opportunities going forward. We have obtained substantial settlements for technical support workers seeking unpaid overtime due to misclassifi cation as salaried exempt employees, including IT workers at IBM ($65 million settlement), Computer Sciences Corp. ($24 million settlement), Wells Fargo ($13 million settlement), and AT&T ($12 million settlement). We have also recovered overtime pay for hourly employees required to work off the clock, including at Walmart ($35 million settlement) and Perdue ($10 million settlement). We have helped pension and health and welfare benefit plans that represent tens of thousands of workers recover losses, including at AXA ($65 million settlement). Individuals Environmental Practice We have fought for justice for victims of environmental catastrophes nationwide. Our notable cases include the litigation involving the Exxon Valdez oil disaster, the Kingston, Tennessee TVA coal ash spill, the Toms River childhood cancer cases, and the BP Gulf of Mexico oil spill. Civil and Human Rights Lieff Cabraser litigators played key roles in actions in the U.S. and abroad to remedy civil and human rights abuses, achieving settlements in Switzerland and Germany that recovered $6.3 billion for Holocaust victims and survivors. False Claims/Whistleblower Cases Under the False Claims Act, we represent individuals who blow the whistle on acts of fraud committed against the U.S. government. In the University of Phoenix case, we served as Lead Plaintiffs Counsel for two former enrollment counselors who alleged that the school knowingly misled the U.S. Department of Education to improperly make its students eligible to collect fi nancial aid. The case settled for a record amount in a False Claims Act case for defrauding the Department of Education. Other cases we have successfully prosecuted for whistleblowers include the Sutter Health false anesthesia billing litigation ($46 million settlement), the ATK case ($37 million settlement), and the Avaya, Lucent & AT&T litigation ($22 million settlement). Lieff Cabraser Heimann & Bernstein LLP 07

12 Our attorneys make sure the truth is told and convince judges and juries that our client s case is righteous. Robert Nelson Partner & Chair of False Claims Act Practice Group When businesses refuse to take their obligation to protect the environment seriously, we are the voice of the injured. Elizabeth A. Alexander Partner & Chair of the Environmental Practice Group Justice is about making sure the playing field is as level as possible. Jonathan D. Selbin Partner & Chair of Defective Products Practice Group Justice Means More than Money We can help our clients get a fair hearing a place and time where their story will be heard with fairness and respect. While fi nancial recoveries and settlements for our clients are a key focus of our practice, we also work hard to protect others from harm. By obtaining injunctions, settlements, and robust consent decrees, we have assisted our clients in requiring defendants to alter products, adopt safer procedures, end discrimination, and halt fraudulent business practices. A few examples: The recall of 3.8 million Chrysler minivans to replace rear latches. Prior to the recall, an estimated 37 passengers more than half of them children died in accidents when they were ejected from the rear of the minivans. The recall of 650,000 Doral Asia cribs after we alerted the Consumer Product Safety Commission to suffocation hazards. Settlements with Abercrombie & Fitch (and many others) that required the companies to increase pay and promotion opportunities for underrepresented workers, to institute policies to prevent race and gender discrimination, and to increase workplace diversity. An injunction requiring Mobil to notify aircraft owners that a synthetic oil it produced could cause premature cylinder wear and engine failure. Affected aircraft owners also received free repairs. An enhanced 20-year warranty of free service for consumers sold allegedly defective higheffi ciency Carrier furnaces.

13 Making the World a Safer Place Our pro bono work has the same focus as every case we take: support for civil rights and preserving access to justice. In addition to representing clients who cannot pay, our attorneys devote countless hours in leadership positions in legal organizations such as the American Constitution Society, the Bar Association of San Francisco, Public Justice, and the New York State Trial Lawyers Association. We sponsor numerous diversity pipeline programs, including the BASF School-to- College Program and the Bay Area Minority Law Student Scholarship Program. We received the Firm of the Year award from the San Francisco AIDS Legal Referral Panel and the Navigator of Civil Rights Award presented by the NAACP Legal Defense and Educational Fund. We provide ongoing support to more than 25 non-profi t organizations that work to protect civil rights and secure access to legal services for all. Our attorneys have served as visiting professors at law schools at Columbia University, Harvard University, New York University, the University of California, Berkeley, the University of San Francisco, and Vanderbilt University. Lieff Cabraser Heimann & Bernstein LLP 09

14 Champions of Justice A fundamental drive to fight unfairness and achieve justice for our clients has characterized Lieff Cabraser since our founding in With powerful determination, we have fought to promote safer products; ensure fair competition; advance the rights of consumers, employees, patients, investors, patent and copyright holders, and business owners; blow the whistle on fraud; safeguard the environment; and uphold the civil rights of citizens worldwide. Blending the highest quality legal skills with deep fi nancial resources, the fi rm has prevailed in complex cases involving the world s largest corporations. Many of our cases have resulted in landmark decisions and precedent-setting rulings, including: The Attorney General litigation against the tobacco industry Litigation against European banks and businesses to recover the assets of Holocaust victims and survivors A successful class action lawsuit against Walmart that reformed its pay procedures and employment practices The third-largest settlement ever in a stock-options backdating lawsuit A $54 million jury verdict against an auto manufacturer for failing to correct a known defect in millions of its vehicles Over $1 billion in cash payments to homeowners in the Masonite defective siding and roofi ng cases A $78.5 million settlement with the University of Phoenix, the largest settlement ever in a False Claims Act case involving the Department of Education Antitrust litigation against natural gas and electricity companies for manipulating prices in California resulting in settlements valued at $1.3 billion Disclaimer: The outcome of your legal matter will depend upon the facts and applicable law of your case. Prior results do not guarantee a similar outcome. San Francisco 275 Battery Street, 29th Floor San Francisco, CA New York 250 Hudson Street, 8th Floor New York, NY Nashville One Nashville Place 150 Fourth Avenue, North, Suite 1650 Nashville, TN