KM partners Daniel Hume, Tom Elrod, and associate Lauren Wands have filed an amicus brief in the United States Court of Appeals for the Eighth Circuit in support of the SEC's recently introduced climate disclosure regulations.
Thomas W. Elrod
Partner
- New York
-
250 Park Avenue
Suite 820
New York, NY 10177 - 212.699.1172
Biography
Biography
Thomas W. Elrod is a partner based in our New York office focusing on securities, commodities, and antitrust litigation.
Mr. Elrod joined the firm in 2011.
- University of Chicago (B.A. 2005)
- Boston University School of Law (J.D. 2009)
- New York State Bar
- New Jersey State Bar
- United States District Courts for the Southern and Eastern Districts of New York
- United States District Court for the District of New Jersey
- United States Courts of Appeals for the Second, Third, Seventh, Eighth, Ninth, and Tenth Circuits
Super Lawyers, Top Rated Attorney - Securities Litigation, 2021-2024
Super Lawyers Rising Star, 2015-2020
Super Lawyers Rising Star, 2015-2020
Experience
Some of Mr. Elrod’s securities experience includes:
- Lead counsel representing Wespath, the General Board of Pension and Health Benefits of the United Methodist Church, in Doyle v. Reata Pharmaceuticals, a securities class action alleging that Reata 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.
- Co-lead counsel in Macovski v. Groupon Inc. et al., a 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.
- Lead counsel in In re Citigroup Inc Securities Litigation, a class action arising out of Citigroup’s alleged misrepresentations regarding their exposure to losses associated with numerous collateralized debt obligations. This case settled for $590 million.
- Class counsel in Shah v. Zimmer Biomet Holdings, a securities class action alleging that a medical device company did not disclose systemic quality issues at its manufacturing facility. The case resulted in a $50 million settlement.
- Co-lead counsel in Kokareva v. Bristow Group Inc., a 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 in In re Hi-Crush Partners L.P. Securities Litigation, a securities class action alleging that fracking sand producer Hi-Crush Partners misled shareholders regarding a major customer relationship. This case resulted in a $3.8 million settlement.
- Lead counsel in Barfuss v. DGSE Companies, Inc., a securities class action alleging that a company that sold precious metals to wholesale and retail customers filed materially misleading financial statements. The case resulted in a $1.7 million settlement.
- Co-lead counsel in In re Resonant Inc. Securities Litigation, a securities class action alleging that a mobile phone component company misled investors concerning its ability to meet the terms of a development agreement. The case resulted in a $2.75 million settlement.
- Representation of municipal issuers, including governmental entities and hospital systems, in FINRA arbitrations alleging misrepresentations by underwriters in connection with Auction Rate Securities issuances.
- Selected by the Court as co-lead counsel in In re J.P. Morgan Treasury Futures Spoofing Litigation, alleging that defendants manipulated U.S. Treasury futures for more than a decade and that this conduct contributed to the bank’s recent $920 million settlement with the DOJ, CFTC, and SEC. The case has a putative settlement of $15.7 million.
- Representation of the exchange-based class in In re LIBOR-Based Financial Instruments Antitrust Litigation, an antitrust case alleging that defendant banks colluded to misreport and manipulate LIBOR. The case resulted in settlements totaling $190.45 million, which combined represent the largest recovery in a “futures-only” commodities class action litigation.
- Special fiduciary representation for the exchange-based class in In re Foreign Exchange Benchmark Rates Antitrust Litigation for a putative class of participants who traded futures and options in the FX market. The case has already resulted in partial settlements of more than $2.3 billion.
- Court-appointed executive committee member and class counsel in In re Cattle Antitrust Litigation, representing cattle producers and cattle futures traders. The suit alleges that the “Big 4” meatpacking firms conspired to suppress prices for fed cattle and manipulated live cattle futures traded on the Chicago Mercantile Exchange.
- Lead counsel on behalf of a proposed class of Brent crude oil futures traders alleging benchmark manipulation in In re North Sea Brent Crude Oil Futures Litigation.
- Representation of exchange-based investors in Shak v. J.P. Morgan Chase & Co., alleging monopolization and manipulation of the silver futures market in violation of federal antitrust and commodity exchange laws. The parties successfully reached a private settlement. The case preceded a related Department of Justice criminal investigation into J.P. Morgan that remains ongoing.
- Representation of a whistleblower who received the largest-ever individual award (nearly $200 million) arising under the Dodd-Frank whistleblower reward program after he provided information regarding the manipulation of crucial financial benchmarks used by global banks as the basis for the pricing of fixed income securities and derivative products.
- Representation of a nationwide class of residential mortgage loan borrowers in Rothstein v. GMAC Mortgage LLC, a class action alleging violations of the Racketeer Influence and Corrupt Organizations Act. This litigation resulted in a $13 million settlement against GMAC Mortgage.
- Representation of SEC, CFTC, and FCA whistleblowers who claim that their companies have violated federal law or defrauded the United States Government.
Cases & Investigations
- Case / Company Name
- Type
- Status
- Name Civitas Resources, Inc.
- Type Securities
- Status Investigating
-
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 Civitas Resources, Inc. (“Civitas” or the “Company”) (NYSE:CIVI) securities during the period from February 27, 2024, through February 24, 2025 (“the Class Period”). Investors have until July 1, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Compass Diversified Holdings
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Compass Diversified Holdings (“Compass” or the “Company”) (NASDAQ:CODI). The investigation concerns whether Compass and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Ichor Holdings, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Ichor Holdings, Inc. (“Ichor” or the “Company”) (NASDAQ:ICHR). The investigation concerns whether Ichor and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name UnitedHealth Group Incorporated
- Type Securities
- Status Investigating
-
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 UnitedHealth Group Incorporated (“UnitedHealth” or the “Company”) (NYSE:UNH) securities during the period from December 3, 2024, through April 16, 2025 (“the Class Period”). Investors have until July 7, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Local 295 IBT Employer Group Welfare Fund v. Compass Minerals Int'l, Inc., 2:22-cv-02432 (D. Kan.)
- Type Securities
- Status Settled
-
KM is lead counsel in Local 295 IBT Employer Group Welfare Fund v. Compass Minerals Int'l, Inc., a putative class action alleging that Compass Minerals and three of its former officers misled investors about the progress and cost savings associated with its implementation of a new salt mining initiative. The parties have reached a settlement of $48 million. The final approval hearing is scheduled for July 30, 2025.
- Name CVS Health Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against CVS Health Corporation (“CVS” or the “Company”) (NYSE:CVS). The investigation concerns whether CVS and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Elevance Health, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Elevance Health, Inc. (“Elevance” or the “Company”) (NYSE:ELV). The investigation concerns whether Elevance and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name FTI Consulting, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against FTI Consulting, Inc. (“FTI” or the “Company”) (NYSE:FCN). The investigation concerns whether FTI and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name GoHealth, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against GoHealth, Inc. (“GoHealth” or the “Company”) (NASDAQ:GOCO). The investigation concerns whether GoHealth and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Humana Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Humana Inc. (“Humana” or the “Company”) (NYSE:HUM). The investigation concerns whether Humana and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name SelectQuote, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against SelectQuote, Inc. (“SelectQuote” or the “Company”) (NYSE:SLQT). The investigation concerns whether SelectQuote and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name West Pharmaceutical Services, Inc.
- Type Securities
- Status Investigating
-
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 Pennsylvania on behalf of those who acquired West Pharmaceutical Services, Inc. (“West” or the “Company”) (NYSE:WST) securities during the period from February 16, 2023, through February 12, 2025 (“the Class Period”). Investors have until July 7, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Arvinas, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Arvinas, Inc. (“Arvinas” or the “Company”) (NASDAQ:ARVN). The investigation concerns whether Arvinas and/or certain of its officers have violated the federal securities laws.
- Name Eagle Bancorp, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Eagle Bancorp, Inc. (“Eagle” or the “Company”) (NASDAQ:EGBN). The investigation concerns whether Eagle and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Open Lending Corporation
- Type Securities
- Status Investigating
-
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 Texas on behalf of those who acquired Open Lending Corporation (“Open Lending” or the “Company”) (NASDAQ:LPRO) securities during the period from February 24, 2022, through March 31, 2025 (“the Class Period”). Investors have until June 30, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Avis Budget Group, Inc.
- Type Securities
- Status Investigating
-
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 Avis Budget Group, Inc. (“Avis Budget” or the “Company”) (NASDAQ:CAR) securities during the period from February 16, 2024, through February 10, 2025 (“the Class Period”). Investors have until June 24, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name NET Power, Inc.
- Type Securities
- Status Investigating
-
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 North Carolina on behalf of those who acquired NET Power, Inc. (“Net Power” or the “Company”) (NYSE:NPWR) securities during the period from June 9, 2023, through March 7, 2025 (“the Class Period”). Investors have until June 17, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Ibotta, Inc.
- Type Securities
- Status Investigating
-
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 Ibotta, Inc. (“Ibotta” or the “Company”) (NYSE:IBTA) securities in connection with Ibotta’s April 18, 2024 initial public offering (“IPO”). Investors have until June 16, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Zenas BioPharma, Inc.
- Type Securities
- Status Investigating
-
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 Zenas BioPharma, Inc. (“Zenas” or the “Company”) (NASDAQ:ZBIO) securities during the period from September 10, 2024, through April 16, 2025 (“the Class Period”). Investors have until June 16, 2025 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name BigBear.ai Holdings, Inc.
- Type Securities
- Status Investigating
-
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 Virginia on behalf of those who acquired BigBear.ai Holdings, Inc. (“BigBear” or the “Company”) (NYSE:BBAI) securities during the period from March 31, 2022, through March 25, 2025 (“the Class Period”). Investors have until June 10, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Everus Construction Group, Inc.
- Type Securities
- Status Investigating
-
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 Everus Construction Group, Inc. (“Everus” or the “Company”) (NYSE:ECG) securities during the period from October 31, 2024, through February 11, 2025 (“the Class Period”), including investors who held MDU Resources Group, Inc. (“MDU Resources”) common stock as of October 21, 2024 and acquired Everus common stock issued in connection with the spinoff of Everus Construction on or about October 31, 2024. Investors have until June 3, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Aldeyra Therapeutics, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Aldeyra Therapeutics, Inc. (“Aldeyra” or the “Company”) (NASDAQ:ALDX). The investigation concerns whether Aldeyra and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Canopy Growth Corporation
- Type Securities
- Status Investigating
-
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 Canopy Growth Corporation (“Canopy” or the “Company”) (NASDAQ:CGC) securities during the period from May 30, 2024, through February 6, 2025 (“the Class Period”). Investors have until June 3, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Viatris Inc.
- Type Securities
- Status Investigating
-
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 Viatris Inc. (“Viatris” or the “Company”) (NASDAQ:VTRS) securities during the period from August 8, 2024, through February 26, 2025 (“the Class Period”). Investors have until June 3, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Bakkt Holdings, Inc.
- Type Securities
- Status Investigating
-
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 Bakkt Holdings, Inc. (“Bakkt” or the “Company”) (NYSE:BKKT) securities during the period from March 25, 2025, through March 17, 2025 (“the Class Period”). Investors have until June 2, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Actinium Pharmaceuticals, Inc.
- Type Securities
- Status Investigating
-
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 Actinium Pharmaceuticals, Inc. (“Actinium” or the “Company”) (NYSE:ATNM) securities during the period from October 31, 2022, through August 2, 2024 (“the Class Period”). Investors have until May 27, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Solaris Energy Infrastructure, Inc.
- Type Securities
- Status Investigating
-
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 Texas on behalf of those who acquired Solaris Energy Infrastructure, Inc. (“Solaris” or the “Company”) (NYSE:SEI) securities during the period from July 9, 2024, through March 17, 2025 (“the Class Period”). Investors have until May 27, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name SoundHound AI, Inc.
- Type Securities
- Status Investigating
-
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 SoundHound AI, Inc. (“SoundHound” or the “Company”) (NASDAQ:SOUN) securities during the period from May 10, 2024, through March 3, 2025 (“the Class Period”). Investors have until May 27, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name KinderCare Learning Companies, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against KinderCare Learning Companies, Inc. (“KinderCare” or the “Company”) (NASDAQ:KLC). The investigation concerns whether KinderCare and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name CorMedix Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against CorMedix Inc. (“CorMedix” or the “Company”) (NASDAQ:CRMD). The investigation concerns whether CorMedix and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Perpetua Resources Corp.
- Type Securities
- Status Investigating
-
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 Idaho on behalf of those who acquired Perpetua Resources Corp. (“Perpetua” or the “Company”) (NASDAQ:PPTA) securities during the period from April 17, 2024, through February 13, 2025 (“the Class Period”). Investors have until May 20, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Ultra Clean Holdings, Inc.
- Type Securities
- Status Investigating
-
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 Ultra Clean Holdings, Inc. (“Ultra Clean” or the “Company”) (NASDAQ:UCTT) securities during the period from May 6, 2024, through February 24, 2025 (“the Class Period”). Investors have until May 23, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Sana Biotechnology, Inc.
- Type Securities
- Status Investigating
-
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 Washington on behalf of those who acquired Sana Biotechnology, Inc. (“Sana” or the “Company”) (NASDAQ:SANA) securities during the period from March 17, 2023, through November 4, 2024 (“the Class Period”). Investors have until May 20, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name enCore Energy Corp.
- Type Securities
- Status Investigating
-
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 Texas on behalf of those who acquired enCore Energy Corp. (“enCore” or the “Company”) (NASDAQ:EU) securities during the period from March 28, 2024, through March 2, 2025 (“the Class Period”). Investors have until May 13, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name The Bancorp, Inc.
- Type Securities
- Status Investigating
-
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 Bancorp, Inc. (“Bancorp” or the “Company”) (NASDAQ:TBBK) securities during the period from January 25, 2024 through and including March 4, 2025 (“the Class Period”). The lawsuit asserts claims against Bancorp and some of its officers for violation of the federal securities laws. Investors have until May 16, 2025 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Geron Corporation
- Type Securities
- Status Investigating
-
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 Geron Corporation (“Geron” or the “Company”) (NASDAQ:GERN) securities during the period from February 28, 2024, through February 25, 2025 (“the Class Period”). Investors have until May 12, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name TFI International Inc.
- Type Securities
- Status Investigating
-
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 TFI International Inc. (“TFI” or the “Company”) (NYSE:TFII) securities during the period from April 26, 2024, through February 19, 2025 (“the Class Period”). Investors have until May 13, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Zynex, Inc.
- Type Securities
- Status Investigating
-
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 Zynex, Inc. (“Zynex” or the “Company”) (NASDAQ:ZYXI) securities during the period from March 13, 2023, through March 11, 2025 (“the Class Period”). Investors have until May 19, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Fluence Energy, Inc.
- Type Securities
- Status Investigating
-
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 Virginia on behalf of those who acquired Fluence Energy, Inc. (“Fluence” or the “Company”) (NASDAQ:FLNC) securities during the period from October 28, 2021, through February 10, 2025 (“the Class Period”). Investors have until May 12, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name RH
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against RH (“RH” or the “Company”) (NYSE:RH). The investigation concerns whether RH and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Daktronics, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Daktronics, Inc. (“Daktronics” or the “Company”) (NASDAQ:DAKT). The investigation concerns whether Daktronics and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Fortrea Holdings Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Fortrea Holdings Inc. (“Fortrea” or the “Company”) (NASDAQ:FTRE). The investigation concerns whether Fortrea and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name In re PureCycle Technologies, Inc. Derivative Litigation, 21: 1569-RGA (D. Del)
- Type Securities, Corporate Governance
- Status Settled
-
KM is stockholder’s counsel in In re PureCycle Technologies, Inc. Derivative Litigation, a shareholder derivative action against PureCycle, a company which recycles polypropylene plastic waste, alleging violation of Section 20(a) of the Exchange Act, breach of fiduciary duty, unjust enrichment, and aiding and abetting. On May 7, 2024, the Company agreed to pay $3 million and to adopt internal controls and board composition reforms to settle the litigation.
- Name Digimarc Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Digimarc Corporation (“Digimarc” or the “Company”) (NASDAQ:DMRC). The investigation concerns whether Digimarc and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business.
- Name Flywire Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Flywire Corporation (“Flywire” or the “Company”) (NASDAQ:FLYW). The investigation concerns whether Flywire and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Construction Partners, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Construction Part-ners, Inc. (“ROAD” or the “Company”) (NASDAQ:ROAD). The investigation concerns whether ROAD and/or certain of its officers have violated the federal securities laws and/or engaged in oth-er unlawful business practices.
- Name Sezzle Inc.
- Type Securities
- Status Investigating
-
December 31, 2024, NEW YORK—(GLOBE NEWSWIRE)—The law firm of Kirby McInerney LLP is investigating potential claims against Sezzle Inc. (“Sezzle” or the “Company”) (NASDAQ:SEZL). The investigation concerns whether Sezzle and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Quanterix Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Quanterix Corporation (“Quanterix” or the “Company”) (NASDAQ: QTRX). The investigation concerns whether Quanterix and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name MediaAlpha, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against MediaAlpha, Inc. (“MediaAlpha” or the “Company”) (NYSE: MAX) The investigation concerns whether MediaAlpha and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Inspired Entertainment, Inc.
- Type Securities
- Status Investigating
-
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.
-
Name
CFTC v. Shak,
No. 14-cv-01632 (D.D.C.). - Type Commodities
- Status Pending
-
Representation of a defendant in a case brought by the CFTC under the Commodity Exchange Act’s newest provisions for violations of an administrative order in the gold futures market.
-
Name
In re Cattle Antitrust Litigation,
No. 19-cv-1222 (D. Minn.). - Type Commodities
- Status Pending
-
Court-appointed executive committee member and class counsel representing cattle producers and cattle futures traders in a lawsuit alleging that the “Big 4” meatpacking firms conspired to suppress prices for fed cattle and manipulated live cattle futures traded on the Chicago Mercantile Exchange.
- Name Napco Security Technologies, Inc.
- Type Securities
- Status Investigating
-
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 Napco Security Technologies, Inc. (“Napco” or the “Company”) (NASDAQ:NSSC) securities during the period from February 5, 2024, through February 3, 2025 (“the Class Period”). Investors have until June 24, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
-
Name
Macovski v. Groupon Inc.,
No. 20-cv-2581 (N.D. Ill.). - Type Securities
- Status Settled
-
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.
-
Name
In re JPMorgan Treasury Futures Spoofing Litigation,
No. 20-cv-03515 (S.D.N.Y.). - Type Antitrust, Commodities
- Status Settled
-
Lead counsel in an antitrust case alleging that J.P. Morgan unlawfully and intentionally manipulated U.S. Treasury Futures or Options on U.S. Treasury Futures traded on United States-based exchanges, including but not limited to the Chicago Mercantile Exchange, including its subsidiary the Chicago Board of Trade, during the Class Period in violation of the Commodity Exchange Act, 7 U.S.C. §§ 1, et seq. (the “CEA”) and the common law. The case resulted in a settlement of $15.7 million.
-
Name
Doyle v. Reata Pharmaceuticals, Inc.,
No. 21-cv-00987 (E.D. Tex.). - Type Securities
- Status Settled
-
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.
-
Name
CFTC Whistleblower Award,
No. 21-WB-07 - Type Antitrust, CFTC Whistleblower, Commodities, False Claims Act, Whistleblower
- Status Settled
-
KM represented the whistleblower who received nearly $200 million, the largest CFTC whistleblower award ever and the second largest whistleblower award arising under the Dodd-Frank and IRS whistleblower programs. The information the whistleblower provided catalyzed investigations by the Commodity Futures Trading Commission (CFTC), a U.S. federal regulator, and a foreign regulator into the manipulation of crucial financial benchmarks used by global banks as the basis for the pricing of fixed income securities and derivative products. The CFTC initially rejected the whistleblower’s award application, but KM's advocacy resulted in a successful appeal for the client.
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Name
Kokareva v. Bristow Group Inc.,
No. 19-cv-00509 (S.D. Tex.). - Type Securities
- Status Settled
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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.
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Name
In re Foreign Exchange Benchmark Rates Antitrust Litigation,
No. 13-cv-07789 (S.D.N.Y.). - Type Antitrust, Commodities
- Status Settled
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Special fiduciary representation for the exchange-based class for a putative class of participants who traded futures and options in the FX market. The case has already resulted in partial settlements of more than $2.3 billion.
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Name
In re Resonant Inc. Securities Litigation,
No. 15-cv-01970 (C.D. Cal.). - Type Securities
- Status Settled
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In re Resonant Inc. Securities Litigation, No. 15-cv-01970 (C.D. Cal. 2017). Co-lead counsel. $2.75 million settlement.
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Name
Rothstein v. GMAC Mortgage LLC,
No. 12-cv-03412 (S.D.N.Y.). - Type Consumer Fraud
- Status Settled
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Rothstein v. GMAC Mortgage LLC, No. 12-cv-03412 (S.D.N.Y.). Lead counsel. $13 million settlement against GMAC Mortgage LLC in In re Residential Capital, LLC, No. 12-12020 (Bankr. S.D.N.Y. 2016).
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Name
In re Hi-Crush Partners L.P. Securities Litigation,
No. 12-cv-08557 (S.D.N.Y.). - Type Securities
- Status Settled
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In re Hi-Crush Partners L.P. Securities Litigation, No. 12-cv-08557 (S.D.N.Y. 2015). Lead counsel. $3.8 million settlement while class certification was pending.
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Name
In re LIBOR-Based Financial Instruments Antitrust Litigation,
No. 11-md-02262 (S.D.N.Y.). - Type Antitrust, Commodities
- Status Settled
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KM acted as court-appointed co-liaison counsel for all class actions in the multi-district litigation and co-lead counsel for exchange-based class in the high-profile In re Libor-Based Financial Instruments Antitrust Litigation and FTC Capital GMBH et al. v. Credit Suisse Group AG et al. alleging the fixing of prices of a benchmark interest rate. The case resulted in settlements totaling $190.45 million, which combined represent the largest recovery in a “futures-only” commodities class action litigation.
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Name
In re Citigroup Inc Securities Litigation,
No. 07-cv-09901 (S.D.N.Y.). - Type Securities, Structured Finance
- Status Settled
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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.
News
Newsday has published an article covering the results of a New York Department of Environmental Conservation (DEC) probe, initiated in 2021, concerning the conduct of Covanta, a waste incineration company, at its Brookhaven landfill in Westbury, Long Island between 2007 and 2013. The probe, which was initiated further to a case brought by KM whistleblower client Patrick Fahey and, later, a Newsday investigation of the alleged conduct, found that the company had indeed repeatedly violated environmental law.
Newsday has published an investigation, relying heavily on documents filed in a whistleblower lawsuit brought by KM-client and former Covanta maintenance employee Patrick Fahey against Covanta Hempstead, Long Island’s leading waste incinerator, which has been dumping ash at the Long Island’s Brookhaven landfill for years. As Newsday reports, for nearly a decade, the company couldn’t be certain that the ash they were dumping at Brookhaven landfill was nonhazardous and engaged in risky and imprecise practices.
Thomson Reuters’ Super Lawyers has recognized five KM attorneys as New York Metro Super Lawyers and four as Rising Stars.
The Second Circuit decision exempts manipulation of US futures exchanges from the Commodities Exchange Act—the main body of law governing such exchanges—provided the conduct is carried out from overseas locations. It poses a fundamental threat to the integrity of those markets, with far-reaching adverse economic consequences for American businesses and consumers.
Thomson Reuters’ Super Lawyers has recognized five KM attorneys as New York Metro Super Lawyers and five as Rising Stars.
The law firm of Kirby McInerney LLP is proud to announce that the Hon. Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York has granted final approval of its $15.7 million settlement in In re JPMorgan Treasury Futures Spoofing Litig., No. 1:20-cv-03515 (S.D.N.Y.).
Kirby McInerney announces that its whistleblower client has been awarded nearly $200 million by the whistleblower program of the CFTC. Today’s award is the largest publicly announced single whistleblower award arising under the Dodd-Frank whistleblower reward programs (the CFTC and SEC) as well as under other whistleblower programs including the IRS and the federal and state false claims acts.
The exchange-based investor class, represented by attorneys at Kirby McInerney LLP and Lovell Stewart Halebian Jacobson LLP, won initial approval of a $187 million settlement with Deutsche Bank, JPMorgan and five other big banks in a complex, multidistrict case claiming that the banks rigged the London Interbank Offered Rate benchmark.
A Minnesota federal court ruled Wednesday that some of the country’s largest meatpacking companies, including Tyson and Cargill, will now face consolidated allegations of colluding to drive down prices of cattle used for beef production.
Up next on Judge Buchwald’s docket is the distribution agreement of $182 million worth of deals the exchange-based plaintiffs struck with Bank of America, Barclays, Citibank, Deutsche Bank, HSBC and JP Morgan.
Charles Schwab Corp. and investors in financial instruments tied to the London Interbank Offered Rate on Friday urged the Second Circuit to reinstate claims against a slew of banks over their alleged manipulation of the benchmark, arguing they have proper antitrust standing and that the litigation belongs in U.S. federal courts.
A Manhattan federal judge on Friday approved a $182.5 million settlement between JPMorgan Chase & Co., Citigroup and investors who accuse the two megabanks of rigging a key euro rate, signing off also on a roughly $36 million haul for plaintiffs’ firms that brought the antitrust class action.
Kirby McInerney Partner Mark Strauss is quoted in this article about the Third Circuit’s recent decision that banks can’t push clients out of FINRA arbitration.
A lawsuit that accused GMAC Mortgage of taking kickbacks and overcharging homeowners on force-placed insurance policies has survived a motion to dismiss. GMAC’s mortgage unit will have to face a class action brought by homeowners whose properties it serviced, a U.S. District Court judge for the Southern District of New York ruled Monday.
A New York federal judge on Monday upheld a racketeering class action targeting kickbacks Balboa Insurance Co. allegedly paid to GMAC Mortgage LLC for force-placing hazard insurance policies, saying the lender may have gouged borrowers when demanding reimbursement for coverage.