The
firm represents securities investors in individual and class action
claims under federal and state laws relating to securities, including
without limitation the Securities Act of 1933, the Securities Exchange
Act of 1934, the California Corporate Securities Act and related
provisions of common law. Among the firm’s litigation successes
in this area are the following:
- In re
Worlds of Wonder Securities Litigation. The firm was co-lead
counsel for a class of purchasers of both bonds and stock of a failed
toy company. After percipient and expert discovery, summary judgment,
appeal and remand, a settlement was reached against the company’s
auditors, Deloitte & Touche, for $9 million.
- Hodge
v. Franklin Select Realty Trust. The firm was co-counsel for
a shareholder class in claim for fraud, negligent misrepresentation,
breach of fiduciary duty, aiding and abetting breach of fiduciary
duty against directors and officers of real estate investment trust
arising out of merger with two other related companies. A settlement
of $4 million was negotiated.
- Barnett
v. Glenborough Pension Investors. The firm was co-counsel for
a plaintiff class of limited partners in claim for fraud, negligent
misrepresentation, breach of fiduciary duty, aiding and abetting
breach of fiduciary duty against general partners, attorneys and
lenders arising from restructuring of real estate limited partnership.
A settlement of approximately $3 million was reached after the close
of expert discovery.
Additional
securities fraud class action cases handled by a partner of the
firm during his tenure with another firm include the following:
- In re
Technical Equities Securities Litigation – a securities
fraud class action against directors, officers, auditors and attorneys
of public corporation and corporation’s investment bankers
and lenders. A settlement of $13 million was reached after the close
of expert discovery.
- In re
Pacific Lumber Securities Litigation – a securities class
action arising out of a tender offer for a lumber company by a corporate
raider. Part of the Boesky/Milken complex of litigation. The plaintiff
class recovered in excess of $100 million.
- In re
Daisy Systems Securities Litigation – a securities fraud
class action against directors and officers of Silicon Valley company.
A $13.1 million settlement was reached.
- Daniels
v. Centennial Group (Orange County Superior Court) –
a class action claim for fraud, negligent misrepresentation and
breach of fiduciary duty against general partners and promoters
arising from “roll-up” of six real estate limited partnerships.
A settlement of approximately $4 million was reached.
Among the more
significant securities class action cases currently being handled
by the firm are:
- In re
Global Crossing Securities Litigation, currently pending in
the United States District Court for the Southern District of New
York, in which the firm represents purchasers of stock and bonds
of a failed communications company.
- McCall
et al. v. Newkirk Capital LLC et al., a class action in Connecticut
state court on behalf of limited partners in approximately 90 real
estate limited partnerships, arising out of a consolidation or “roll-up”
of the partnerships with certain other assets.
The firm also
provides advice and representation to businesses in connection with
the creation, governance and dissolution of business entities and
related disclosure issues. |