Kirby McInerney has more than 75 years of experience representing investors in securities class action and individual litigation. Our clients include major public pension and sovereign wealth funds, private investment managers, endowments and family offices, and individual retail investors. Over the course of our history, we have helped to shape the U.S. securities laws and advance investor rights while recovering billions of dollars for our clients.
One of the oldest firms in the field, we have stood at the forefront of securities law since its inception. Our founder was in the first generation of securities lawyers and rendered service to the SEC in its earliest years. Since that time, we have procured landmark victories for our clients. KM remains one of the few law firms to have secured trial victories in securities fraud class actions, achieved the first ever appellate reversal of a lower court’s dismissal of a class action suit pursuant to the PSLRA, procured a landmark settlement of $590 million related to Citigroup’s misconduct during the financial crisis, and most recently, in a matter of first impression, established the right of English shareholders to bring derivative claims against English companies in New York state courts.
Today, we put our longitudinal familiarity with the federal and state laws governing securities fraud to identify traditional and creative solutions for our clients that support their goals and optimize their recoveries.
PORTFOLIO MONITORINGKM’s securities litigation efforts are complemented by the firm’s portfolio monitoring and case evaluation services. A dedicated team of experienced litigators, analysts, and support staff monitor our institutional clients’ investment portfolios and deliver customized analyses and action recommendations when fraud-related losses occur.
Lead counsel for individual investor lead plaintiffs in this securities fraud class action relating to Citigroup’s exposure to losses associated with its creation or sponsorship of numerous collateralized debt obligations (“CDOs”). This case resulted in a settlement of $590 million for the class. The settlement was, at the time, the largest CDO-related settlement ever, as well as the largest settlement of a fraud-only action. A later filed SEC complaint concerning similar allegations settled for a small fraction of the class action settlement amount.
We are representing Wespath, the General Board of Pension and Health Benefits of the United Methodist Church, in this securities class action alleging that Reata Pharmaceuticals made false and/or misleading statements — including in connection with its secondary public stock offerings — concerning, inter alia, the FDA guidance regarding the design of the clinical trial (CARDINAL) for Reata’s drug candidate, bardoxolone methyl. When the FDA revealed serious concerns it had previously raised to Reata, the share price declined materially. The case has resulted in a settlement of $45 million.
KM represented an English investor in a shareholder derivative lawsuit against officers and directors of HSBC Holdings and its subsidiaries, alleging that HSBC facilitated money laundering operations out of New York City. In a matter of first impression, we established the right of English shareholders to bring derivative claims against English companies in New York state courts. The litigation settled for $72.5 million, the then-largest foreign derivatives settlement ever reached and one of the largest insurer-funded cash payments achieved in a U.S. derivative lawsuit.
KM acted as counsel to lead plaintiff TAP Retirement Fund in a securities fraud class action involving MOL Global, Inc.’s accounting misrepresentations. In this case, we overcame numerous challenges to our client taking the lead in the case, including: allegations that TAP was not the actual owner of the shares but was merely an investment advisor that did not have standing to bring claims; under Brunei law, a suit cannot be filed on behalf of the fund without the express permission of the Sultan of Brunei; and that a Brunei-based plaintiff cannot be the lead plaintiff because Brunei law would not recognize a judgment from a U.S. court. We convinced the court to reject these challenges as nothing more than speculation, and — before a ruling on the motion to dismiss, and with very little time and effort required from TAP — the case settled for $8.5 million for the class.
Lead counsel for lead plaintiff New York City Pension Funds in a class action against Wachovia Corporation arising from the bank’s alleged misrepresentations of their exposure to the subprime market. This case resulted in a settlement of $75 million for the class.
We are acting as counsel in this securities class action alleging that Valeant materially misrepresented its business model, touting artificial and unsustainable growth that was enabled by the company’s deceptive and illegal conduct. The case has important implications not only for Valeant’s shareholders, who sustained significant losses when the company’s misrepresentations were disclosed, but for corporate governance in the pharmaceutical industry as a whole, and for consumers: Valeant’s growth during the class period was driven not by “organic growth” sustained by volume increases and cost savings, but by price gouging (ex: within two days of acquiring the rights to Nitropress and Isuprel, two drugs used to treat emergency heart conditions, Valeant increased their prices by 212% and 525%, respectively).
We acted as co-lead counsel in this securities class action alleging that the company made materially false and misleading statements and failed to disclose to investors its financial health before ending its sale of physical goods and announcing the departure of two top executives. The case resulted in a $13.5 million settlement that has received final approval.
Co-lead counsel for a hedge fund lead plaintiff in a securities fraud class action in one of the largest cases of improper self-dealing by insiders in corporate history. The case resulted in settlements totaling $478 million.
KM acted as lead counsel for a group of Singapore-based investors in a securities class action against Morgan Stanley pertaining to notes issued by Cayman Islands-registered Pinnacle Performance Ltd. Plaintiffs alleged that Morgan Stanley routed Pinnacle investors’ principal into synthetic collateralized debt obligations (“CDOs”) which were built to fail and then bet against. As the CDOs failed by design, plaintiffs’ principal was swapped to Morgan Stanley, enriching Morgan Stanley while rendering the Pinnacle Notes an all-but-total loss. This case resulted in a settlement of $20 million for the class following the court’s order certifying common law fraud claims.
Representation of institutional investors in a lawsuit involving ABS backed by automobile loans. The case alleges that in marketing these ABS to plaintiffs and other investors, defendants TCF Bank and Gateway fraudulently and materially understated the key metric that investors rely upon to evaluate and price auto-loan ABS, resulting in millions of dollars of investor losses. The court recently denied TCF Bank’s and Gateway’s motion to dismiss.
We acted as co-lead counsel in this securities class action alleging that an aviation services provider, focused on the oil and gas sector, made materially false and misleading statements about its internal controls relating to covenants in the company’s secured financing agreements. The case resulted in a $6.25 million settlement that has received final approval.
Lead counsel for lead plaintiff New York State Common Retirement Fund in a securities fraud class action against National City Corporation relating to the bank’s exposure to subprime assets. This case resulted in a settlement of $168 million for the class.
Lead counsel for a union pension fund lead plaintiff in this securities class action on behalf of investors who purchased AT&T Wireless tracking stock in an April 26, 2000 initial public offering and through May 1, 2000 on the open market. The action asserted that the prospectus and registration statement used for the IPO misled investors about AT&T’s prospects and recent results. The case settled for $150 million on the eve of trial.
The law firm of Kirby McInerney LLP is investigating potential claims against Align Technology, Inc. (“Align Technology” or the “Company”) (NASDAQ: ALGN). The investigation concerns whether Align Technology and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of New York on behalf of those who acquired Anavex Life Scienecs Corporation (“Anavex” or the “Company”) (NASDAQ:AVXL) securities during the period of February 1, 2022 to January 1, 2024, inclusive (“the Class Period”). Investors have until May 13, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Applied Materials, Inc. (“Applied Materials” or the “Company”) (NASDAQ: AMAT). The investigation concerns whether Applied Materials and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against ARMOUR Residential REIT, Inc. (“ARMOUR” or the “Company”) (NYSE:ARR). The investigation concerns whether ARMOUR and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Autodesk, Inc. (“Autodesk” or the “Company”) (NASDAQ:ADSK). The investigation concerns whether Autodesk and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against AXT, Inc. (“AXT” or the “Company”) (NASDAQ: AXTI). The investigation concerns whether AXT and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Massachusetts on behalf of those who acquired bluebird bio, Inc. (“Blue” or the “Company”) (NASDAQ: BLUE) securities during the period of April 24, 2023 through December 8, 2023, inclusive (“the Class Period”). Investors have until May 28, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Calavo Growers, Inc, (“Calavo” or the “Company”) (NASDAQ CVGW). The investigation concerns whether Calavo and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of New York on behalf of those who acquired Checkpoint Therapeutics, Inc. (“Checkpoint” or the “Company”) (NASDAQ: CKPT) securities during the period of March 10, 2021 through December 15, 2023, inclusive (“the Class Period”). Investors have until June 4, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Community Health Systems, Inc. (“Community Health” or the “Company”) (NASDAQ:CYH). The investigation concerns whether Community Health and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Western District of Pennsylvania on behalf of those who acquired Dick’s Sporting Goods, Inc. (“DSG” or the “Company”) (NYSE: DKS) securities during the period of May 25, 2022 to August 21, 2023 inclusive (“the Class Period”). Investors have until April 22, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Equity LifeStyle Properties, Inc. (“Equity” or the “Company”) (NYSE: ELS). The investigation concerns whether Equity and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Massachusetts on behalf of those who acquired Evolv Technologies Holdings, Inc. (formerly known as NewHold Investment Corp.) (“Evolv” or the “Company”) (NASDAQ: EVLV) securities during the period of June 28, 2021 through March 13, 2024, inclusive (“the Class Period”). Investors have until May 24, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Fidelis Insurance Holdings Limited (“Fidelis” or the “Company”) (NYSE: FIHL). The investigation concerns whether Fidelis and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Fluence Energy, Inc. (“Fluence” or the “Company”) (NASDAQ:FLNC). The investigation concerns whether Fluence and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Northern District of Georgia on behalf of those who acquired Fox Factory Holding Corp. (“Fox Factory” or the “Company”) (NASDAQ:FOXF) securities during the period of May 6, 2021 through November 2, 2023, inclusive (“the Class Period”). Investors have until April 22, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Globe Life, Inc. (“Globe Life” or the “Company”) (NYSE: GL). The investigation concerns whether Globe Life and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Grand Canyon Education, Inc. (“GCE” or the “Company”) (NASDAQ: LOPE). The investigation concerns whether GCE and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Harbor Diversified, Inc. (“Harbor” or the “Company”) (OTC: HRBR). The investigation concerns whether Harbor and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Inari Medical Inc. (“Inari” or the “Company”) (NASDAQ:NARI). The investigation concerns whether Inari and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of New Jersey on behalf of those who acquired Innodata, Inc. (“Innodata” or the “Company”) (NASDAQ:INOD) securities during the period of May 9, 2019 through February 14, 2024 inclusive (“the Class Period”). Investors have until April 22, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of New York on behalf of those who acquired Innoviz Technologies Ltd. (“Innoviz” or the “Company”) (NASDAQ:INVZ) securities during the period of April 21, 2021 to February 28, 2023, inclusive (“the Class Period”). Investors have until May 14, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Inspired Entertainment, Inc. (“Inspired Entertainment” or the “Company”) (NYSE: INSE). The investigation concerns whether Inspired Entertainment and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of New Jersey on behalf of those who acquired iRobot Corporation (“iRobot” or the “Company”) (NASDAQ:IRBT) securities during the period of August 5, 2022 through January 26, 2024, inclusive (“the Class Period”). Investors have until May 79, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Central District of California on behalf of those who acquired Lantronix, Inc. (“Lantronix” or the “Company”) (NASDAQ:LTRX) securities during the period of May 11, 2023 through February 8, 2024, inclusive (“the Class Period”). Investors have until April 23, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Lifecore Biomedical, Inc. (“Lifecore” or the “Company”) (NASDAQ:LFCR). The investigation concerns whether Lifecore and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Central District of California on behalf of those who acquired Luna Innovations Inc. (“Luna Innovations” or the “Company”) (NASDAQ: LUNA) securities during the period of August 11, 2023 through March 25, 2024, inclusive (“the Class Period”). Investors have until May 31, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Northern District of California on behalf of those who acquired Lyft, Inc. (“Lyft” or the “Company”) (NASDAQ: LYFT) securities during the period from February 13, 2024 at 4:05 p.m. through February 13, 2024 at 4:51 p.m., inclusive. Investors have until May 6, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Malibu Boats, Inc. (“Malibu” or the “Company”) (NASDAQ: MBUU). The investigation concerns whether Malibu and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Methanex Corp. (“Methanex” or the “Company”) (NASDAQ:MEOH). The investigation concerns whether Methanex and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against NetScout Systems, Inc. (“NetScout” or the “Company”) (NASDAQ: NTCT). The investigation concerns whether NetScout and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Eastern District of New York on behalf of those who acquired Next Bridge Hydrocarbons, Inc. (“NBH” or the “Company”) in connection with the Company’s spioff from Meta Materials, Inc. on or around December 14, 2022. Investors have until May 14, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Northern District of California on behalf of those who acquired Nextdoor Holdings, Inc. (formerly known as Khosla Ventures Acquisition Co. II) (“Nextdoor” or the “Company”) (NYSE:KIND) securities during the period of July 6, 2021 through November 8, 2022, inclusive (“the Class Period”). Investors have until April 29, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Northern District of California on behalf of those who acquired Palo Alto Networks (“Palo Alto” or the “Company”) (NASDAQ:PANW) securities during the period of August 18, 2023 through February 20, 2024 inclusive (“the Class Period”). Investors have until April 26, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Northern District of New York on behalf of those who acquired Plug Power, Inc. (“Plug Power” or the “Company”) (NASDAQ: PLUG) securities during the period of May 9, 2023 through January 16, 2024, inclusive (“the Class Period”). Investors have until May 21, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against R1 RCM Inc. (“RCM” or the “Company”) (NASDAQ: RCM). The investigation concerns whether RCM and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Regeneron Pharmaceuticals, Inc. (“Regeneron” or the “Company”) (NASDAQ: REGN). The investigation concerns whether Regeneron and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Repare Therapeutics Inc. (“Repare” or the “Company”) (NASDAQ: RPTX). The investigation concerns whether Repare and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Sharecare, Inc. (“Sharecare” or the “Company”) (NASDAQ: SHCR). The investigation concerns whether Sharecare and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Middle District of Tennessee on behalf of those who acquired Shoals Technologies Group, Inc. (“Shoals” or the “Company”) (NASDAQ: SHLS) securities during the period of May 17, 2022 through November 7, 2023, inclusive (“the Class Period”). Investors have until May 21, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Northern District of California on behalf of those who acquired Snowflake Inc. (“Snowflake” or the “Company”) (NYSE:SNOW) securities during the period of September 16, 2020 through March 2, 2022, inclusive (“the Class Period”). Investors have until April 29, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Central District of California on behalf of those who acquired Sonder Holdings, Inc. (“Sonder” or the “Company”) (NASDAQ: SOND) securities during the period of March 16, 2023 through March 15, 2024, inclusive (“the Class Period”). Investors have until June 10, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Colorado on behalf of those who acquired SSR Mining Inc. (“SSR” or the “Company) (NASDAQ: SSRM) securities during the period from February 23, 2022 through February 27, 2024, inclusive. Investors have until May 17, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Stagwell, Inc. (“Stagwell” or the “Company”) (NASDAQ:STGW). The investigation concerns whether Stagwell and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Teradata Corp. (“Teradata” or the “Company”) (NYSE:TDC). The investigation concerns whether Teradata and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Delaware on behalf of those who acquired The Chemours Company (“Chemours” or the “Company”) (NYSE: CC) securities during the period of February 10, 2023 through February 28, 2024, inclusive (“the Class Period”). Investors have until May 20, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of New Jersey on behalf of those who acquired The Children's Place, Inc. (“The Children’s Place” or the “Company”) (NASDAQ:PLCE) securities during the period of March 16, 2023 through February 8, 2024, inclusive (“the Class Period”). Investors have until April 29, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against TTEC Holdings, Inc. (“TTEC” or the “Company”) (NASDAQ:TTEC). The investigation concerns whether TTEC and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of New York on behalf of those who acquired Ventyx Biosciences, Inc. (“Ventyx” or the “Company”) (NASDAQ:VTYX) securities during the period of October 21, 2021 through November 6, 2023, inclusive (“the Class Period”). Investors have until April 30, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
The law firm of Kirby McInerney LLP is investigating potential claims against Xcel Energy Inc. (“Xcel” or the “Company”) (NASDAQ:XEL). The investigation concerns whether Xcel and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Zevra Therapeutics, Inc. (“Zevra” or the “Company”) (NASDAQ: ZVRA). The investigation concerns whether Zevra and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Zoetis Inc. (“Zoetis” or the “Company”) (NYSE: ZTS). The investigation concerns whether Zoetis and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
The law firm of Kirby McInerney LLP is investigating potential claims against Zymeworks Inc. (“Zymeworks” or the “Company”) (NASDAQ: ZYME). The investigation concerns whether Zymeworks and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
A.A class action is a lawsuit in which a large number of people (the “class”) have suffered similar harm from the defendant(s)’ unlawful conduct and the plaintiff(s), also known as the “class representative,” stands in for the entire group of similarly injured persons for the duration of the lawsuit and prosecutes the lawsuit on behalf of the entire class. As such, any result obtained by the class representative in the class action lawsuit applies to all of the members of the class. Class action lawsuits are an efficient legal procedure when it would be impractical or expensive for each similarly harmed individual in the class to file their own lawsuit. Class actions enable shareholders to seek recovery from defendant corporations that have much greater resources without having to bear the financial risk.
A.Securities class action lawsuits typically allege that defendant(s), typically corporations that issue publicly-traded securities and their officers, misrepresented or concealed material information, which caused the securities to trade at artificially inflated prices when class members purchased the securities. The class members suffer losses when the previously-concealed information is disclosed, and the price of the securities declines. These actions charge the defendants with violations of the Securities Act of 1933 and/or the anti-fraud provisions of the Securities Exchange Act of 1934.
A.A class period is a specified time period during which the injury to the class is alleged to have occurred. In a securities class action, this is the period during which the securities in question traded at artificially inflated prices as a result of the misrepresentations or omissions complained of. The class period proposed in a securities fraud class action may change during the course of the litigation as a result of new evidence obtained or rulings by the court.
A.A typical securities class action often takes several years to litigate. The actual time it takes to resolve a specific case varies, depending on the complexity of the case, the issues involved, the procedural stage at which the suit is resolved, and other factors.
A.The lead plaintiff is the investor that prosecutes the suit on behalf of the other investors. This plaintiff eventually seeks to be appointed as the class representative of the class. Federal securities laws permit any investor who purchased or acquired the covered securities during the class period to seek appointment as lead plaintiff of a securities class action lawsuit within sixty (60) days of the first press release announcing the first filed securities class action. An individual investor, an institutional investor, or groups of investors can seek to be appointed as lead plaintiff.
Courts generally appoint as lead plaintiff the movant(s) with the greatest financial interest in the relief sought by the proposed class. The lead plaintiff generally can select a law firm of its choice to litigate the securities class action lawsuit as lead counsel for the class. Courts generally appoint the lead plaintiffs’ chosen law firm as lead counsel.
A.If you are interested in seeking lead plaintiff appointment, you can contact Kirby McInerney via email at investigations@kmllp.com or submit a contact form via the firm’s website. Critically, the decision to seek lead plaintiff appointment is time sensitive. Class members have sixty (60) days after a securities fraud class action lawsuit is filed to request the court for appointment as lead plaintiff.
A.If you have incurred a substantial loss as a result of purchasing the securities covered by a securities class action, acting as a lead plaintiff provides you an opportunity to take an active role in the litigation of the case and to represent the shareholders in the class. The lead plaintiff must stay apprised of the litigation by overseeing court-appointed lead counsel and remaining informed about the progress of the litigation. If the litigation advances into discovery, the lead plaintiff will be required to participate in discovery and potentially provide documents and testimony relating to the investment in question. You will be able to participate in making critical decisions regarding the litigation, including whether to settle the action and at what amount, and the formula to be used in determining how any settlement proceeds are divided among class members.
An investor’s ability to share in any potential future recovery is not dependent upon serving as lead plaintiff of the securities class action lawsuit. The lead plaintiff is entitled to receive a pro rata share of any classwide settlement or trial recovery. However, as provided for by the Private Securities Litigation Reform Act of 1995, the court will sometimes compensate the lead plaintiff with an additional monetary award for their time and efforts in overseeing the case.
A.Any person who purchased the security at issue during the class period is eligible to participate. The attorneys at Kirby McInerney can quickly investigate the facts and advise you on your potential claim, as a lead plaintiff or a class member. Your rights are the same whether you later sold at a loss or have held some or all of your shares in the hope that the price will recover.
A.If you do not want to be lead plaintiff, you do not need to take any action at the outset of the litigation in order to participate in the class action as you may remain an absent class member. In the event that the lawsuit is certified by the court as a class action, all members of the class will receive mailed notice informing them of the steps that they will need to take in order to share in any classwide recovery.
A.You do not need to be a U.S. citizen to participate in a securities class action. However, you must have transacted in the security at issue in the U.S., or on a U.S. exchange.
A.If you are a member of the class, at the point of a classwide settlement or trial recovery, a court-appointed administrator will mail out notifications to class members relating to your claim and the case status. Because securities class actions often take several years, you should be sure to retain your records so that you can provide documentation of your purchases in the event of a settlement or trial recovery.
A.To participate in a securities class action, you generally are not required to continue to hold shares of the company after the class period expires. Your standing to participate in the securities class action is derived from your purchase and/or acquisition of shares during the alleged class period. But your decision to sell or otherwise dispose of securities following the class period may impact your damages. Likewise, selling your securities potentially limits your ability to assert other types of claims, including but not limited to shareholder derivative claims.
A.Kirby McInerney litigates its class action cases on a contingency fee basis. This means we only get paid if we win the case at trial or if there is a settlement. The Firm does not receive any form of monetary compensation from a client at the outset of litigation or if the lawsuit is unsuccessful in recovering money for investors. Instead, the Firm’s fees are paid out of the recovery if there is a successful resolution to the case and a settlement or judgment is achieved. Attorneys’ fees may vary based on the size of the recovery, the duration and complexity of the litigation, and other factors. Kirby McInerney also generally advances all out-of-pocket costs and court expenses on behalf of its clients. Attorneys’ fees and expense reimbursement requests are subject to court approval. This system helps ensure that many investors with small losses can easily afford to bring class actions to assert their rights.
A.Generally, no. Your out-of-pocket losses usually will be greater than recoverable damages. Recoverable damages are affected by the time you purchased and sold your shares, the price of the stock after the class period, and other individual circumstances. Usually, class members are awarded damages that are proportional to the actual individualized harm they suffered.
A.As a small investor, if you purchased securities covered by a securities class action during the class period, your rights may already be protected by other investors with more significant losses who have already filed a securities class action. Kirby McInerney’s attorneys are available if you have any further questions about your rights as an investor.
* These "Frequently Asked Questions" are provided by Kirby McInerney LLP for educational and informational purposes only and is not intended and should not be construed as legal advice.
Kirby McInerney Partner Meghan Summers recently presented a report before the Chief Justice of Ireland. The report, which Ms. Summers co-authored, focuses on how class actions could be implemented in Ireland.
Christopher Studebaker, Partner, and Sawa Nagano, Of Counsel, co-authored this article discussing recent trends in ADR issuances and post-Morrison cases involving ADRs. The article is published (in Japanese) in a leading Japanese legal news service.
Kirby McInerney and Glancy Prongay & Murray asked a California federal court Thursday for roughly $2 million in fees for their efforts securing a tentative $8 million from data storage company Quantum Corp. to resolve a shareholder lawsuit over its accounting practices.
The Third Circuit on Thursday revived fraud claims brought under state law by investors that opted out of class actions involving Merck & Co. Inc.’s statements about cholesterol drugs.
Kirby McInerney Partner Meghan Summers authored an article published in Law360 about the erosion of American Pipe tolling of the statute of limitations.
Kirby McInerney, representing a class of plaintiffs, filed papers today with United States District Judge Jesse M. Furman of the Southern District of New York seeking preliminary approval of a settlement in the case Ge Dandong et al v. Pinnacle Performance Limited et al.
On April 6, 2014, The Financial Times quoted partner David E. Kovel on the global foreign exchange rate (“forex”) class action lawsuit. The amended complaint, filed on March 31, 2014, alleges that twelve banks acted as co-conspirators in manipulation of global forex prices.
Powered by a hard-hitting securities practice that took in nearly a billion dollars for its clients last year, Kirby McInerney LLP has recently racked up an impressive series of wins, including the landmark $590 million settlement of a securities class action targeting Citigroup Inc., earning it a spot on Law360’s Most Feared Plaintiffs Firms list.
Law360 has named Kirby McInerney LLP one of its “Most Feared Plaintiffs Firms.” The main factor considered in selecting the firm was KM’s performance in high-profile, complex cases between July 1, 2011, and July 1, 2013.
Standout Kirby McInerney LLP partner Andrew McNeela has helped secure more than $830 million in settlements in securities fraud class actions in the last 18 months alone, landing him a spot among Law360’s five class action rising stars under 40.
Like many other collateralized debt obligations, Delphinus CDO 2007-1 got a triple-A rating and then defaulted within months, causing painful losses to investors. Who is responsible for the mess?
Kirby McInerney LLP has announced the $168 million settlement of a securities class action lawsuit against National City Corporation. The action, led by Kirby McInerney on behalf of the NY State Retirement Pension Fund, was brought on behalf of all persons who purchased or otherwise acquired the common stock of National City between April 30, 2007 and January 2, 2008, inclusive (the “Class Period”).
Kirby McInerney LLP is pleased to announce an agreement to settle the securities class action lawsuit titled In re Citigroup Inc. Securities Litigation, 07-cv-9901 (S.D.N.Y.) for $590 million. The suit was brought on behalf of investors who purchased or otherwise acquired shares of Citigroup common stock during the time period from February 26, 2007 through April 18, 2008 (the “Class Period”).
You have to give the lawyers at Kirby McInerney a lot of credit. In a case called Dandong v. Pinnacle Performance, they represent a group of Singapore investors who bought complex notes issued by a Cayman Islands-based Morgan Stanley vehicle that sold the Singapore-registered securities only in Singapore, under a contract that called for disputes to be litigated in Singapore.
Discovery proceedings have finally started more than a year after a group of Singapore investors sued Morgan Stanley for allegedly selling rigged Pinnacle Notes as ‘safe, conservative’ investments.
Financial transactions are seldom so ironic. Barely three months ago, MF Global (MFGLQ.PK) sold $325 million in 6.25% senior unsecured bonds due August 2016. Dubbed MF’s “Key Man” bonds, the issuance featured an interest rate that would rise if Chairman and Chief Executive Officer Jon Corzine received a federal appointment from the U.S. president.
A group of Singapore investors of Morgan Stanley’s failed Pinnacle Notes have scored a major legal victory after a US federal judge ruled that their class action lawsuit can proceed in New York.
A federal judge ordered Morgan Stanley to defend against a lawsuit by Singapore investors that accused it of selling them risky debt that was designed to fail.
Roger Kirby appeared on Fox Business News from the floor of the New York Stock Exchange on August 10 to discuss Kirby McInerney’s securities class action against Moody’s, as well as the rating agencies’ role in gauging sovereign debt.
Kirby McInerney LLP has announced the $75 million settlement of a securities class action lawsuit, led by KM on behalf of the New York City Pension Funds, against Wachovia Corporation.
Morgan Stanley is trying hard to keep a potentially embarrassing lawsuit, filed on behalf of a group of Singapore investors, from being heard in the US. The investors — regular folks who risked their pension money — are claiming they were cheated out of $158 million when Morgan Stanley created a security filled with collateralized debt obligations (CDOs) that they allege was designed to go broke and benefit the company.
The firm appeared before the United States Supreme Court this morning, urging the Court to uphold the United States Court of Appeals for the Fourth Circuit’s decision reinstating Wiggins v. Janus Capital Group following dismissal in district court.
Kirby McInerney LLP, Court-appointed lead counsel, announces that the United States District Court for the Southern District of New York sustained, in substantial part, securities fraud claims against Citigroup, Inc. (NYSE: C) and certain of its senior officers - including Citigroup’s former CEO Charles Prince, former CFO Gary Crittenden, and former Chairman Robert Rubin - centering on Citigroup’s collateralized debt obligations (“CDOs”).
Roger Kirby appeared as a guest on CNBC Asia Squawk Box at 6:30AM on Wednesday, July 7, to discuss the United States Supreme Court’s recent decision in Morrison vs. National Australia Bank, which restricts the rights that international investors have to seek recovery of securities fraud related losses in United States Courts.
Director Rubin and ousted CEO Prince - and their lieutenants over the past five years - are named in a federal lawsuit for an alleged complex cover-up of toxic securities that spread across the globe, wiping out trillions of dollars in their destructive paths.
Kirby McInerney LLP has been appointed lead counsel to act on behalf of the New York City Pension Funds as lead plaintiff in two class actions filed against Wachovia Corporation (“Wachovia” or “the Company”) in the Southern District of New York.
Kirby McInerney LLP has been appointed lead counsel to act on behalf of a group of investors who have been appointed lead plaintiff in a securities class action against Citigroup Inc. The action is brought on behalf of all persons who purchased or otherwise acquired the common stock of Citigroup between January 2, 2004 and November 21, 2007, inclusive (the “class period”).
An extensive new complaint in a lawsuit against Citigroup (C) charges that the banking giant misled investors about the size and risk of its housing-market wagers, raising questions about how early the bank knew it faced serious trouble from the assets that have plagued its balance sheet and stock price.
We represented a major pension fund and a sovereign wealth fund in negotiations with a money center bank to settle the clients’ claims in a prominent securities litigation. Dealing directly with defendants and without the need to file opt-out litigation, KM was able to procure for its clients significant settlements which represented more than 150% of the recovery they would have received should they have remained passive members of the class. To the firm’s knowledge, these two clients are the only entities to have received a settlement premium in this matter. KM continues to monitor the claims process to ensure everything is handled smoothly for its clients.
Whistleblower Spotlight
State of NY ex rel. Tooley, LLC v. Sandell, et al., 101494/2018 (N.Y. Supreme Court, N.Y. County). KM procured the largest-ever settlement of an income tax whistleblower case under the New York False Claims Act – $105 million – through our representation of a whistleblower against hedge fund billionaire Thomas Sandell and Sandell Asset Management Corporation alleging they submitted false New York tax returns that failed to count more than $450 million as New York-taxable income, causing them to underpay New York taxes by more than $50 million. Our client received award of 21% of the $105 million recovery.
