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Second Circuit Limits 'Bespeaks Caution' Defense and Revives Class Action Against MF Global
Publication Date: 2010-09-14
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The court held that the doctrine can only be applied to forward-looking statements, and not to cautionary statements about MF Global's risk management system.

Merrill Quietly Agrees to Pay $550 Million to Settle Two Subprime Cases
Publication Date: 2009-01-26
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In what may be a sign of things to come in the subprime litigation, Merrill ponies up one of the 20 biggest securities class action settlements on record.

AIG Shareholders Win Class Certification in the Older of Two Sweeping Securities Actions against the Humbled Insurance Giant
Publication Date: 2010-02-23
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Judge Deborah Batts certified a class of more than two million shareholders, led by the suddenly ubiquitous Ohio AG Richard Cordray.

September 07, 1999 |

Lead Counsel Battle Doesn't Impress Judge

A federal judge has turned down a New York firm's novel bid to knock California plaintiffs giant Milberg Weiss Bershad Hynes & Lerach as co-lead counsel from a lucrative securities class action. In June, Bernstein Litowitz Berger & Grossmann filed a motion to disqualify Milberg Weiss serving as co-lead counsel in In re 3Com Securities Litigation, for allegedly having a conflict of interest. But on Aug. 25, U.S. District Judge James Ware dismissed Bernstein's motion without much ado.
2 minute read
Desclafani v. Pave-Mark Corp., 07 Civ. 4639
Publication Date: 2008-08-29
Practice Area: Torts
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Court: U.S. District Court for the Southern District
Judge: Henry Pitman
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Case number: 07 Civ. 4639

Magistrate Judge Henry Pitman U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Magistrate Judge Pitman OPINION AND ORDER I. Introduc

December 30, 1999 |

State Appointed Lead Plaintiff in $3 Billion Securities Fraud Suit

In a complete reversal from a preliminary ruling last November, U.S. District Court Judge Ronald M. Whyte appointed the New York State pension system -- not the previously favored New York City pension system -- lead plaintiff in a $3 billion securities fraud litigation involving McKesson HBOC Inc. More than 53 class action lawsuits and a dozen applications to become lead plaintiff were filed after McKesson HBOC stock plummeted by 48 percent on April 28.
3 minute read
Another Day, Another Merger, Another Shareholder Lawsuit
Publication Date: 2009-03-16
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Like mushrooms after a rainstorm, shareholder class actions seem to pop up whenever a major merger is announced. This week's offering: Schering-Plough investors don't like Merck's offer price. Let the lead counsel battle begin!

Admitting Firm Was Subject of Tax Investigation, Bernstein Liebhard Withdraws from Florida Pension Board Plaintiffs Firm Selection Process
Publication Date: 2010-02-05
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Stanley Bernstein now remembers that the Manhattan district attorney's office had investigated his personal tax returns and referred them to civil authorities.

June 25, 1999 |

Taking Aim at Milberg Weiss

A New York plaintiffs' firm is attempting to knock the 1,000-pound gorilla known as Milberg Weiss Bershad Hynes & Lerach from atop an extremely lucrative Silicon Valley class action. On Wednesday, Bernstein Litowitz Berger & Grossmann made a motion to disqualify Milberg Weiss from its spot as co-lead plaintiffs counsel in a massive securities class action against 3Com Corp, alleging a conflict of interest which chilled settlement talks.
4 minute read
Dismissals Don't Bode Well for Facebook IPO Plaintiffs, But It's Early Yet
Publication Date: 2013-02-14
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It's up to Willkie's Richard Bernstein and Andrew Clubok of Kirkland & Ellis, who are jointly defending Facebook, to fend off a consolidated securities class action complaint due at the end of the month in the IPO litigation. A ruling this week dismissing related derivative claims is good news for the defense, but the case is just getting started.

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