Some current matters in which Brower Piven has a leadership role demonstrate the scope of the firm's expertise. Brower Piven is co-lead counsel in the In re Merck Securities, Derivative, & "ERISA" Litigation pending in the United States District Court for the District of New Jersey, considered by many the largest federal securities fraud action in terms of damages in history, and lead counsel in pending shareholder litigation challenging the proposed $38 billion take-over of Equity Office Properties Trust, one of the largest going private transactions in business history.
Brower Piven is also currently plaintiffs' court-appointed lead or co-lead counsel in the following federal securities class actions:
Freudenberg v. E*Trade Financial Corporation, et al. (S.D. N.Y.);
Landmen Partners, Inc. v. The Blackstone Group L.P., et al. (S.D. N.Y.);
In Re: Municipal Mortgage & Equity, LLC Securities and Derivative Litigation (D. Md.);
Minneapolis Firefighters' Relief Association v. MEMC Electronic Materials, Inc., et al. (E.D. Mo.);
The Pennsylvania Avenue Funds v. INYX, Inc., et al. (S.D. N.Y.)
Gooden v. Smart OnLine, Inc., et al. (M.D. N.C.);
In re Crocs, Inc. Securities Litigation (D. Colo.);
Kaplan v. Gaming Partners International, Inc. (D. Nev.);
Wagner v. Barrick Gold Corporation, et al. (S.D. N.Y);
In re Interlink Electronics, Inc. Securities Litigation (C.D. Calif.);
In re FoxHollow Technologies, Inc. Securities Litigation (N.D. Calif.);
Levie v. Sears Roebuck & Co., et al. (N.D. Ill.); and
In re Arotech Corp. Securities Litigation (E.D. N.Y.).
Brower Piven is or has been co-lead and/or liaison counsel representing shareholders in merger-related class actions, including the following: Blaz v. Pan Pacific Retail Properties, Inc., et al. (Cir. Ct., Balto. Co.); In re Reckson Associates Realty Corp. Shareholders Litigation (N.Y. Sup. Ct., Nassau Co.); In re Fairchild Corp. Shareholders Litigation (Del. Ch.); In re Laureate Education Shareholder Litigation (Cir. Ct., Balto. City); and In re PHH Corporation Transaction Litigation (Cir. Ct., Balto. Co.). Brower Piven is also plaintiffs’ court-appointed co-lead or liaison counsel in shareholder derivative actions on behalf of shareholders of Bear Stearns & Co., Inc., Citigroup, Inc., and Merrill Lynch & Co., Inc.
Brower Piven is plaintiffs' counsel in the consumer class actions including the following: H&R Block, Inc. "Express IRA" Marketing Litigation (W.D. Mo.), Huff v. Liberty League, International, LLC, et al (C.D. Calif.) (Lead Counsel); Freedman v. Comcast Corp. (Cir. Ct., Balto. City) (Lead Counsel); and Segal v. Fifth Third Bancorp (S.D. Ohio) (Lead Counsel).
Brower Piven's experience is extremely broad and includes counseling and representing both public and non-public corporations and their executives, real estate developers, and large private investors in complex commercial litigation and on corporate governance matters, as well as representing both plaintiffs and defendants in class and non-class action litigation. The firm's experience on both sides of the bar makes it uniquely qualified to provide its clients with a perspective not available from firms that solely represent plaintiffs or defendants. The success of the strategies pursued by Brower Piven's attorneys in representing their clients over the years has been demonstrated by clients and classes represented by attorneys at Brower Piven recovering over $1 billion in past and pending recoveries.
The following is a sampling of the cases and results achieved by attorneys at Brower Piven where they have served as lead or co-lead attorneys for plaintiffs:
Steiner v. Southmark Corporation, No. 3-89-1387-D (N.D. Tex.), federal securities fraud class action against defunct real estate partnership marketer and its outside accountants resulting in a recovery of over $75 million in cash for investors.
In re Petro-Lewis Securities Litigation, No. 84-C-326 (D. Colo.), a federal securities fraud class action on behalf of limited partners and shareholders where plaintiffs recovered over $100 million in cash and benefits including the restructuring of dozens of oil and gas limited partnerships.
In re StarLink Products Liability Litigation, MDL No. 1403, No. 01 C 4928 (N.D. Ill.), representing all American corn farmers in nationwide litigation against manufacturer of unapproved pesticide which allegedly infected the U.S. corn supply and recovering over $125 million in cash for the class members.
Romig v. Jefferson-Pilot Life Insurance Company, 95 CVS 9703 (Supr. Ct. N.C.), deceptive insurance sales practices action brought on behalf of a class of Jefferson Pilot life insurance purchasers, resulting in a recovery for policyholders valued at over $55 million.
In re MicroStrategy Securities Litigation, No. 00-473-A (E.D. Va.), a federal securities fraud class action, where over $125 million was recovered for investors, the Court commented that: “Clearly, the conduct of all counsel in this case and the result they have achieved for all of the parties confirms that they deserve the national recognition that they enjoy.
In re Arakis Energy Corporation Securities Litigation, No. 95-CV-3431 (ARR) (E.D. N.Y.), federal securities class action against Canadian company resulting in a recovery of over $24 million for investors.
In re Spectrum Information Technologies Securities Litigation, CV-93-2295 (FB) (E.D. N.Y.), securities fraud action against bankrupt issuer where over $10 million in cash was recovered (including all insurance coverage available) for investors following successful trial and appeal against directors' and officers' insurance carrier who attempted to disclaim coverage.
In re Bristol-Myers Squibb Securities Litigation, 92-CIV-4007 (JES) (S.D. N.Y.), federal securities class action resulting in recovery of over $19 million in cash for investors.
Steiner v. Ideal Basic Industries, Inc., No. 86-M-456 (D. Colo.), federal securities class action against the former Fortune 500 cement manufacturer resulting in an over $17.5 million recovery in cash for investors.
In re Broadwing Securities Litigation, No. C-1-02-795 (S.D. Ohio), federal securities class action against major public utility/broadband company resulting in a recovery of over $35 million in cash for investors.
Berger v. Compaq Computer Corporation, No. 00-20875 (S.D. Tex.), a federal securities class action where, after a successful appeal of a question of first impression in the federal appellate courts relating to the selection of lead plaintiffs and class certification in the Fifth Circuit under the Private Securities Litigation Reform Act of 1995, over $29 million was recovered for investors.
In re Bausch & Lomb Securities Litigation, No. 01-CV-6190 (CJS) (W.D. N.Y.), federal securities class action resulting in a recovery of over $12.5 million for investors.
Slone v. Fifth Third Bancorp, et al., No.1:03-CV-211 (S.D. Ohio), securities fraud action against one of the largest mid-west bank holding companies, resulting in a recovery of $17 million for investors.
Poziak v. Imperial Chemical Industries, PLC, et al., No. 1:03 cv 2457 (NRB) (S.D. N.Y.), securities fraud action against one of the United Kingdom's largest public corporations, resulting in a recovery of approximately 90% of recoverable damages in cash for investors.
J.E. Pierce Apothecary, Inc. v. Harvard-Pilgrim Health Care, Inc., et al., No. 98-12635-WGY (D. Mass.), unfair and deceptive trade practices action on behalf of independent Massachusetts pharmacies against Harvard Pilgrim HMO and CVS Pharmacies, Inc. resulting, after bench trial, in excess of 100% of estimated recoverable damages for the class, including trebling.
The foregoing sampling of results is the product of the depth and breadth of the professional experience of attorneys at Brower Piven.
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