Antitrust + Competition
$2.3 Billion in US settlements for market manipulation
Novel investment recovery under The Trust Indenture Act
Data Breach case with $50 Million settlement
Record-setting sexual harassment settlement of $310 Million in corporate reforms
Irving Firemen’s Relief and Retirement Fund v. Page
C.A. No. 2019-0355-SG (Del. Ch.)
The complaint alleged that Alphabet’s board engaged in a “pattern of concealment” by hiding sexual misconduct and by failing to protect customer data, all at the expense of shareholders. ($310 million settlement on behalf of Alphabet, Inc. (aka Google) to fund Company-wide diversity initiative, plus enhanced sexual harassment protections and data breach protections).
In re DaVita Healthcare Partners Derivative Litig.
No. 1:12-cv-02074 (D. Colo. Jan. 8, 2015)
Derivative complaint alleging that members of DaVita’s Board of Directors allowed the Company to “steer” medicare-eligible patients into high-cost private insurance plans to obtain dialysis reimbursement rates up to ten times higher than from the government-paid plans. (Corporate governance reforms valued at $100 million).
Tharp v. Acacia Commc’ns, Inc.
No 1:17-cv-11504 (D. Mass. Sept. 17, 2018)
The complaint alleged that Acacia Communications failed to tell investors that the Company’s largest customer had delayed its order, impacting the Company’s revenues and earnings and allegedly causing a substantial decline in Acacia’s share price. (Settlement of derivative claims against Acacia Communications, Inc. and its officers and directors providing for corporate governance reforms valued at $57 million to $71 million).
N. Miami Beach Gen. Emps. Ret. Fund v. Parkinson
No. 1:10-cv-06514 (N.D. Ill. Nov. 26, 2014)
The complaint alleged that Baxter Healthcare failed to remediate long-standing problems with Baxter’s infusion pumps, which the FDA ultimately banned from the market in 2010. (Corporate governance reforms valued between $50 million and $60 million).
In re: Marvell Tech. Grp. Ltd. Derivative Litig.
No. 5:06-cv-03894 (RS) (N.D. Cal. May 21, 2009)
The complaint alleged that Marvel executives “backdated” executive options to dates with lower stock prices, and then falsely represented that the options had been granted at market price on earlier dates. ($54.9 million settlement and corporate governance reforms).
In re Qwest Commc’ns Int’l, Inc.
No. 1:01-cv-01451 (D. Colo. June 15, 2004)
The complaint alleged that members of the Board of Directors allowed the Company to misrepresent its financial wellbeing by artificially inflating its stock price in 2001, leading to financial restatement and shareholder losses of more than $1.5 billion. ($25 million settlement and corporate governance reforms).
Multichain specialty retailer L Brands announced a $90 million corporate governance reform agreement Friday to settle multiple derivative lawsuits seeking damages arising from “toxic” workplace conditions, including sexual harassment.Read More
In a derivative lawsuit settlement with one of the highest dollar values ever, Google parent Alphabet agreed to establish a diversity, equity, and inclusion fund as part of the settlement of the consolidated derivative litigation relating to the Company’s alleged mishandling of sexual harassment allegations against senior executives and overall culture of sexual discrimination and harassment.Read More