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.
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, Ninth, and Tenth Circuits
Super Lawyers, Top Rated Attorney - Securities Litigation, 2021-2023
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. This litigation has resulted in partial settlements totaling approximately $187 million, which collectively represent the largest historical class-wide recovery for a “futures only” settlement class.
- 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 Innoviz Technologies Ltd.
- 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 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.
- Name Luna Innovations, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Luna Innovations, Inc. (“Luna” or the “Company”) (NASDAQ: LUNA). The investigation concerns whether Luna and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Next Bridge Hydrocarbons, 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 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.
- Name Anavex Life Sciences 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 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.
- Name iRobot 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 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.
- Name Xcel Energy Inc.
- Type Securities
- Status Investigating
-
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.
- Name Lyft, 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 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.
- Name TTEC Holdings, Inc.
- Type Securities
- Status Investigating
-
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.
- Name Ventyx Biosciences, 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 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.
- Name Inari Medical Inc.
- Type Securities
- Status Investigating
-
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.
- Name Snowflake, 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 Snowflake Inc. (“Snowflake” or the “Company”) (NYSE:SNOW) securities during the period of September 13, 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.
- Name Calumet Specialty Products Partners, L.P.
- Type Securities
- Status Investigating
- Name Community Health Systems, Inc.
- Type Securities
- Status Investigating
-
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.
- Name Nextdoor 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 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.
- Name The Children's Place, 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 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.
- Name Stagwell, Inc.
- Type Securities
- Status Investigating
-
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.
- Name Palo Alto Networks
- 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 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.
- Name Fox Factory Holding 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 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.
- Name Lantronix, 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 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.
- Name Fluence Energy, Inc.
- Type Securities
- Status Investigating
-
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.
- Name Innodata, 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 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.
- Name Methanex Corp.
- Type Securities
- Status Investigating
-
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.
- Name Teradata Corp.
- Type Securities
- Status Investigating
-
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.
- Name Dick’s Sporting Goods, 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 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.
- Name Sunnova Energy 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 Sunnova Energy International Inc. (“Sunnova” or the “Company”) (NYSE: NOVA) securities during the period of February 25, 2020 to December 7, 2023, inclusive (“the Class Period”). Investors have until April 16, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Amplitude, 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 Amplitude, Inc. (“Amplitude” or the “Company”) (NASDAQ: AMPL) securities during the period of September 21, 2021 to February 16, 2022 inclusive (“the Class Period”). Investors have until April 15, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name InMode Ltd.
- 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 Central District of California on behalf of those who acquired InMode Ltd. (“InMode” or the “Company”) (NASDAQ: INMD) securities during the period of June 4, 2021 to October 12, 2023 inclusive (“the Class Period”). Investors have until April 15, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name The Chemours Company
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against The Chemours Company (“Chemours” or the “Company”) (NYSE: CC). The investigation concerns whether Chemours and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name LuxUrban Hotels, 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 LuxUrban Hotels Inc. (“LuxUrban” or the “Company”) (NASDAQ: LUXH) securities during the period from November 8, 2023 through February 2, 2024, inclusive. Investors have until April 12, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Amylyx 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 Amylyx Pharmaceuticals, Inc. (“Amylyx” or the “Company”) (NASDAQ:AMLX) securities during the period of November 11, 2022 to November 8, 2023, inclusive (“the Class Period”). Investors have until April 4, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Xponential Fitness, 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 Central District of California on behalf of those who acquired Xponential Fitness, Inc. (“Xponential” or the “Company”) (NYSE: XPOF) securities during the period of July 26, 2021 to December 7, 2023 inclusive (“the Class Period”). Investors have until April 9, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Hut 8 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 New York on behalf of those who acquired Hut 8 Corp. (“Hut 8” or the “Company”) (NASDAQ: HUT) securities during the period of November 9, 2023 to January 18, 2024 inclusive (“the Class Period”). Investors have until April 8, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name WNS (Holdings) Limited
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against WNS (Holdings) Limited (“WNS” or the “Company”) (NYSE:WNS). The investigation concerns whether WNS and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name iRhythm 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 Northern District of California on behalf of those who acquired iRhythm Technologies, Inc. (“iRhythm” or the “Company) (NASDAQ: IRTC) securities during the period from January 11, 2022 through May 30, 2023, inclusive. Investors have until April 8, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name New York Community 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 Southern District of New York on behalf of those who acquired t New York Community Bancorp. (“NYCB” or the “Company”) (NYSE: NYCB) shares during the period from March 1, 2023 through February 5, 2024, inclusive. Investors have until February 20, 2024 to apply to the Court to be appointed lead plaintiff in the lawsuit.
- Name Calavo Growers, Inc.
- Type Securities
- Status Investigating
-
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.
- Name The Boeing Company
- 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 The Boeing Company (“Boeing” or the “Company”) (NYSE: BA) securities during the period from October 23, 2019 through January 24, 2024, inclusive. Investors have until April 24, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name BioNTech SE
- 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 Central District of California on behalf of those who acquired BioNTech SE (“BioNTech” or the “Company) (NASDAQ: BNTX) securities during the period from March 30, 2022 through October 13, 2023, inclusive. Investors have until March 12, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name B. Riley Financial, Inc.
- Type Securities
- Status Pending
-
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 B. Riley Financial, Inc. (“B. Riley” or the “Company”) (NASDAQ: RILY) securities during the period from May 10, 2023 through November 9, 2023 (the “Class Period”). Investors have until March 25, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name GrafTech International Ltd.
- 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 Ohio on behalf of those who acquired GrafTech International Ltd. (“GrafTech” or the “Company”) (NYSE: EAF) securities during the period from February 8, 2019 through August 3, 2023, inclusive (the “Class Period”). Investors have until March 25, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Maplebear Inc. d/b/a Instacart
- 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 Maplebear Inc. d/b/a Instacart (“Maplebear” or the “Company”) (NASDAQ: CART) securities during the period from September 16, 2023 through October 1, 2023, inclusive (the “Class Period”). Investors have until March 25, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Archer-Daniels-Midland Company
- 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 Illinois on behalf of those who acquired Archer-Daniels-Midland Company (“ADM” or the “Company”) (NYSE: ADM) securities during the period from April 30, 2020 through January 22, 2024, inclusive. Investors have until March 25, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name British American Tobacco p.l.c.
- 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 British American Tobacco p.l.c. (“BAT” or the “Company”) (NYSE: BTI) securities during the period from February 9, 2023 through December 6, 2023, inclusive (the “Class Period”). Investors have until March 25, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Equity LifeStyle Properties, Inc.
- Type Securities
- Status Investigating
-
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.
- Name Evolution AB (publ)
- 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 Evolution AB (publ) (“Evolution” or the “Company”) (OTC BB: EVVTY) securities during the period from February 14, 2019 through October 25, 2023, inclusive. Investors have until March 25, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name AlloVir, 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 AlloVir, Inc. (“AlloVir” or the “Company”) (NASDAQ: ALVR) securities during the period from March 22, 2022 through December 21, 2023, inclusive (the “Class Period”). Investors have until March 19, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name BioVie, 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 Nevada on behalf of those who acquired BioVie, Inc. (“BioVie” or the “Company”) (NASDAQ: BIVI) securities during the period of August 5, 2021 through November 29, 2023, inclusive (“the Class Period”). Investors have until March 19, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Grand Canyon Education, Inc.
- Type Securities
- Status Investigating
-
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.
- Name Fidelis Insurance Holdings Limited
- Type Securities
- Status Investigating
-
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.
- Name Applied Materials, Inc.
- Type Securities
- Status Investigating
-
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.
- 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 Align Technology, Inc.
- Type Securities
- Status Investigating
-
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.
- Name NetScout Systems, Inc.
- Type Securities
- Status Investigating
-
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.
- Name R1 RCM Inc.
- Type Securities
- Status Investigating
-
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.
-
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 Travelzoo
- Type Corporate Governance
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against the board of directors of Travelzoo (“Travelzoo” or the “Company”) (NASDAQ: TZOO). The investigation concerns possible breaches of fiduciary duty and other violations of the law by certain officers and directors at Travelzoo.
-
Name
Macovski v. Groupon Inc.,
No. 20-cv-2581 (N.D. Ill.). - Type Securities
- Status Settled
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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.
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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.
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Name
Doyle v. Reata Pharmaceuticals, Inc.,
No. 21-cv-00987 (E.D. Tex.). - Type Securities
- Status Settled
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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 Cassava Sciences, Inc.
- Type Securities
- Status Investigating
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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 Texas on behalf of those who acquired Cassava Sciences, Inc. (“Cassava” or the “Company”) (NASDAQ: SAVA) securities from August 18, 2022 through October 12, 2023, inclusive (the “Class Period”). Investors have until April 2, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
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Name
CFTC Whistleblower Award,
No. 21-WB-07 - Type Antitrust, CFTC Whistleblower, Commodities, False Claims Act, Whistleblower
- Status Settled
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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
-
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 filed the first LIBOR manipulation lawsuit on behalf of investors and currently serves as court-appointed co-lead counsel for the exchange-based class alleging the fixing of prices of a benchmark interest rate. The case has resulted in partial settlements of $187 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
-
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 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.