|
Alan R.
Plutzik specializes in complex
business litigation in state and federal courts throughout the United
States. Areas of particular
emphasis include consumer class actions, securities fraud and corporate
governance litigation, antitrust and communications law. Mr. Plutzik is admitted to practice
in California and the District of Columbia (inactive member), and is a
member of the bars of the U. S. Supreme Court, the Second, Eighth, Ninth,
Tenth and District of Columbia Circuits and numerous federal district
courts.
Mr. Plutzik is a
graduate of St. John’s College, Annapolis, Maryland, and received his law
degree from the University of California at Berkeley’s Boalt Hall School of
Law in 1977. Over the course
of his career, he has handled a wide variety of class actions and derivative
cases. He has represented,
among other clients,
-
limited partners challenging conduct by their general partners;
-
consumers and businesses harmed by anticompetitive conduct;
-
consumers in actions against insurance companies and banks;
-
investors in securities fraud cases and derivative suits;
-
employees in ERISA and wage/hour cases;
-
purchasers of mislabeled and defective products;
-
victims of toxic pollution;
-
persons harmed by defective products; and
-
cellular telephone and cable television subscribers.
Mr. Plutzik has
also handled a substantial number of cases that raise First Amendment and
other constitutional issues, and has represented broadcasters, cable
television companies, communications common carriers and consumers in
litigation and in administrative proceedings before the Federal
Communications Commission and the California Public Utilities Commission.
Mr. Plutzik has
written or lectured on topics that include class actions, California
consumer law, substantive and procedural issues under the federal
securities laws, First Amendment issues of new media and cable television
law. He has appeared as a
guest commentator on the Len Tillem Show on KGO-Radio in San Francisco,
discussing class actions, consumer protection and investor rights.
Mr. Plutzik has
served as a judge pro tem on the Contra Costa County Superior
Court. He is also President of
the Warren W. Eukel Teacher Trust, a community-based charity that honors
outstanding Contra Costa County teachers. He was selected as a Northern California Super Lawyer in
2008.
Alan R. Plutzik
Representative Cases
Patrick v. Blue Shield of
California. Mr. Plutzik represented the
plaintiffs in a class action against a health insurer for unfair and
deceptive practices and ERISA violations. A settlement of $20 million was negotiated after the
close of discovery.
Guyette v. Viacom, Inc. Mr. Plutzik was co-counsel for the class on claims that
a cable television company had improperly failed to share certain tax
refunds with its subscribers.
A $13 million settlement was negotiated shortly before trial.
Green v. Metropolitan Life
Insurance Co. Mr. Plutzik was co-counsel for a
California class of policy holders who alleged that MetLife had engaged in
misconduct in the sale of life insurance policies. After the California class was
certified, the case settled nationwide for consideration in excess of $1
billion.
In re Pacific Lumber Company
Securities Litigation. Mr. Plutzik was counsel for the
plaintiff class in an action arising out of a tender offer for Pacific
Lumber Company by a corporate raider.
The class recovered more than $140 million.
In re Worlds of Wonder Securities
Litigation. Mr. Plutzik was co-lead counsel in
this Rule 10b-5 class action.
He successfully appealed from a grant of summary judgment to the
company’s auditors, who ultimately settled for $9 million.
McCall v. Newkirk Capital LLC. Mr. Plutzik represented investors in 90 limited
partnerships in a suit challenging a "rollup" of the
partnerships. A settlement was
negotiated under which the class received cash, additional partnership
units and a restructuring of assets and agreements with the general partner
and its affiliates.
In re Cellphone Termination Fee
Cases. Mr. Plutzik is co-lead counsel in
eleven cases challenging the locking of cellphones or the imposition of
early termination fees by national cellphone carriers. Settlements of three of these cases
have resulted in significant relief to consumers. Others remain pending.
In re Daisy Systems Securities
Litigation. Mr. Plutzik recovered $13.1 million
in a Rule 10b-5 action against the directors and officers of a Silicon
Valley company.
Runner v. United Parcel Service. Mr. Plutzik represents a class of
shippers challenging alleged overcharges by UPS. A settlement of $6.25 million plus injunctive relief
awaits final approval by the court.
Hodge v. Franklin Select Realty
Trust. Mr. Plutzik was co-counsel for a
shareholder class on claims arising from a real estate investment trust’s
merger with two related companies.
A $4 million settlement was negotiated.
Barnett v. Glenborough Pension
Investors. Mr. Plutzik represented a class of
limited partners in a case arising from the restructuring of a
partnership. A $2.95 million
settlement was reached after the close of expert discovery.
In re Technical Equities Federal
Securities Litigation. Mr. Plutzik represented the
plaintiff class in a securities fraud case arising from a complex Ponzi
scheme. A global settlement in
the amount of $13 million was reached shortly before trial.
Daniels v. Centennial Group, Inc.. Mr. Plutzik represented the plaintiff class on claims
arising from a "roll-up" of six real estate limited
partnerships. A $3.9 million
settlement was reached. The
case resulted in an important published opinion regarding the standards for
class certification under California law – Daniels v. Centennial Group,
Inc., 16 Cal.App.4th 467 (1993).
Harbor Finance Partners v. BKP
Capital Management et al. Mr. Plutzik represented individual
and institutional investors in a class action asserting claims of
misrepresentation and breach of fiduciary duty against a hedge fund, its
general partner and others.
The action settled on terms favorable to the class.
McCullough v. Jameson. Mr. Plutzik brought this individual
and derivative case on behalf of shareholders of a privately held oil company
against corporate officers for misappropriation of corporate
opportunities. The case
settled favorably.
Options Backdating Derivative Cases. Mr. Plutzik is Liaison Counsel in
several options backdating cases, some of which have settled on favorable
terms.
In re Washington Public Power
Supply Securities Litigation. Mr. Plutzik represented a law firm
in a case that established important principles regarding fees in federal
class actions. Published op.
at 19 F.3d 1291, 1300 (9th Cir. 1994).
Antitrust Direct and Indirect
Purchaser Class Actions. Mr. Plutzik has served in a leadership position in
numerous antitrust class actions, including In re California MSG Antitrust Litigation and In re California Infant Formula Indirect Purchaser Antitrust
Litigation and In re Methionine Direct Purchaser
Antitrust Litigation,.
California Community Television
Ass’n v. Pacific Gas & Electric Co. and
related cases; USA Media, LLP v. Truckee-Donner
Public Utility District. Mr. Plutzik
represented cable TV companies in successful class action and individual antitrust cases to vindicate their
right of reasonable access to utility poles.
Lucero v. Frederick's of Hollywood,
Inc. Mr. Plutzik was
lead counsel for the class in this wage and hour class action that settled
for $950,000.
In re JDS Uniphase ERISA Litigation. Mr. Plutzik is Liaison Counsel for a class of 401(k) participants
in a case alleging that plan fiduciaries breached their duties.
TCI v. City of Chester;
Paragon Cable TV v. City of Brookfield; TCI of Key West v. U.S.; Nor West Cable
Communications Ptp. v. City of St. Paul. Mr. Plutzik successfully
represented cable TV companies in antitrust and constitutional challenges
to government efforts to revoke their right to do business.
Citizens Cable Communications Co.
v. Cox Cable Communications Co.
Mr. Plutzik represented a cable television company in a contract dispute
arising from an option to purchase.
A favorable settlement was reached during trial.
|
