Kirby McInerney Announces Settlement of a False Claims Act Whistleblower Suit against Compounding Pharmacy FPR Specialty Pharmacy and Its Owners

Kirby McInerney LLP has settled a significant False Claims Act case on behalf of a whistleblower client against a compounding pharmacy FPR Specialty Pharmacy, its owners Christopher Casey and Billy Rue, and affiliated business Mead Square Pharmacy, all from the Rochester, New York area.

Third Circuit Rejects Eleventh Circuit’s “Objective Falsehood” Requirement under the False Claims Act, Rules that Clinical Medical Judgments can be Considered “False”

The Third Circuit Court of Appeals has ruled that a physician’s judgments and opinions can be considered “false” under the False Claims Act, rejecting the Eleventh Circuit’s “objective falsehood” requirement and creating a Circuit split.

Qui Tam Whistleblowers, Government Target Commercial Customers over Suppliers’ Import Duty Evasion

The increased use of the False Claims Act to combat duty evasion has alarmed importers. Liability under the False Claims Act can be significant – three times damages plus penalties for each false entry document. Now parties downstream in the supply chain – including wholesalers, large retailers, and other commercial buyers of imported goods – are also facing False Claims Act liability, not just importers.

Courts of Appeal Clarify: Class Representatives from Every State Are Not Necessarily Required in Multistate Class Actions

A new consensus is emerging at the appellate level.  The First, Seventh, and now the Second Circuit Courts of Appeal have issued decisions clarifying that proposed class representatives need only have standing to assert their own state law claims, not those of absent class members. 

Court of Appeals Rules in Favor of Financial Industry Whistleblowers

The Second Circuit Court of Appeals has ruled in favor of two financial industry whistleblowers, reviving their federal qui tam claims that Wells Fargo lied about its financial condition in order to obtain billions of dollars in low-interest emergency bailout funds from regional Federal Reserve Banks during the Financial Crisis.

Kirby McInerney Partner Bob Gralewski Awarded a Pro Bono Publico Award

Kirby McInerney LLP Partner Bob Gralewski was awarded a Pro Bono Publico Award at Casa Cornelia's 12th Annual La Mancha Awards.

Kirby McInerney Wins Asylum Protection for Pro Bono Clients

Responding to the influx of immigrants presenting themselves at ports of entry to seek asylum, Kirby McInerney LLP has stepped forward to provide pro bono legal services to detained refugees in removal proceedings. Over the past year, Kirby McInerney has helped two people fleeing persecution gain asylum protection.

Kirby McInerney Announces Landmark Appellate Decision Against Moody’s in a False Claims Act Case

Kirby McInerney LLP has obtained a groundbreaking appellate decision against Moody’s Corporation, certain of its affiliates, and Marsh & McLennan Companies, Inc. under the New York State False Claims Act.

Kirby McInerney Announces Settlement of Tax Whistleblower Case against Spa Castle

Kirby McInerney LLP has secured a $2.5 million recovery for the State of New York in a tax whistleblower action brought against the famed spa organization Spa Castle and the family that owns it. Today, New York Attorney General Barbara Underwood announced the settlement and associated criminal pleas by defendants in the case.

Law Firm of Kirby McInerney LLP Announces $1.5 Million Settlement Resolving Whistleblower Claims that Athletic Wear Company Underpaid U.S. Import Duties

Kirby McInerney LLP is pleased to announce that its client, a Hong Kong-based whistleblower, helped the U.S. government recover $1.5 million in allegedly underpaid U.S. import duties from Winds Enterprises, Inc. of California, and its affiliate, Winds Enterprises, Ltd. of Hong Kong, which manufacture and import athletic wear for popular brands in the United States.

Kirby McInerney Partner Randall Fox Gives Presentation at the False Claims Act and Qui Tam Seminar presented by the Northern District of New York Federal Court Bar Association

Partner Randall Fox made a presentation on the perspective of whistleblowers to the “False Claims and Qui Tam Seminar” put on by the CLE Committee of the Northern District of New York’s Federal Court Bar Association. Mr. Fox’s presentation addressed how whistleblowers who bring forward claims that the government was victimized by fraud can best present their cases and some of the legal issues that must be considered by whistleblower’s counsel. With his presentation, Mr. Fox circulated an outline of the disclosures that whistleblowers should make to government enforcement agents, a copy of which is available on KM’s website.

Kirby McInerney Partner Randall Fox Gives Presentation to the Multistate Tax Commission about Tax Whistleblowers

Partner Randall Fox made a presentation to the Class Action and False Claims Act Work Group of the Multistate Tax Commission, addressing the options states have for drafting laws that give incentives to citizens to report on tax frauds.

Kirby McInerney LLP Announces $20,000,000 Settlement of Singapore Pinnacle Notes Litigation with Morgan Stanley

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.

Kirby McInerney LLP Announces $19,975,000 “ice-breaker” Settlement with Barclays Bank PLC

In what is aptly described as an “ice-breaker” settlement in the amount of $19,975,000 on behalf of a class of traders of Eurodollar futures and options contracts, which entered transaction on exchanges such as the Chicago Mercantile Exchange, law firm Kirby McInerney LLP has reached a $19,975,000 settlement with Barclays Bank PLC over its unlawful manipulation of U.S. Dollar LIBOR, a key benchmark interest rate.

Randall Fox, Recent Bureau Chief of the New York Attorney General’s Taxpayer Protection Bureau, Joins Kirby McInerney’s Whistleblower Practice

Kirby McInerney LLP announced today that it has enhanced its whistleblower practice by adding Randall M. Fox as a partner based in its New York office. Mr. Fox recently served as the founding Bureau Chief of the New York Attorney General’s Taxpayer Protection Bureau, where he primarily prosecuted whistleblower actions concerning claims of fraud against the government.

Daniel Shak Settles with CFTC

Kirby McInerney LLP’s client, Daniel Shak, has agreed to settle with the Commodity Futures Trading Commission (CFTC) over claims he traded during the closing minute in the gold futures market. Mr. Shak admitted to accidentally trading a 2-lot of gold 14 seconds into the closing range after he had agreed not to trade during that period under a prior CFTC order.

Kirby McInerney Named “Most Feared Plaintiffs Firm” by Law360

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.

Federal District Court Allows Most of Kirby McInerney’s Exchange-Based Commodities Claims to Proceed

Judge Buchwald in the Southern District of New York issued her memorandum and order in In re LIBOR-Based Financial Instruments Antitrust Litigation, MDL No. 2262, No. 1:11-md-2262-NRB (S.D.N.Y.), the coordinated LIBOR litigation, on motions to dismiss the various actions.

Kirby McInerney LLP Announces $168 Million Settlement of Securities Class Action Against National City Corporation

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 Announces $590 Million Proposed Settlement of Class Action Claims Against Citigroup Inc.

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”).

Kirby McInerney LLP Announces $3.85 Million Settlement of Whistleblower Case Against Jewelry Importers Engaged in Customs Fraud Scheme

Kirby McInerney LLP today has announced the $3.85 million settlement of a whistleblower lawsuit relating to a decade-long customs fraud scheme conducted by a Hong-Kong based jewelry manufacturer and its affiliates. The action was filed by Kirby McInerney under the False Claims Act on behalf of its client, a whistleblower who learned about the fraudulent conduct.

Kirby McInerney LLP Announces $75 Million Settlement of Securities Class Action Against Wachovia

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.

Kirby McInerney LLP Files Lawsuit Alleging 13 Banks Fixed Libor Rates

The law firms of Kirby McInerney LLP, Sturman LLC, and Motley Rice LLC announced today that they have filed a class action against 13 global banks on behalf of a number of investors, alleging that the banks colluded to misreport and manipulate Libor rates, thereby harming investors in futures, swaps, and other Libor-based derivative products between January 2006 and June 2009.

Kirby McInerney Appears Before United States Supreme Court Concerning Janus Securities Class Action

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.

Court Upholds Major Claims Against Citigroup, Prince, Crittenden, and Rubin in KM-led Lawsuit

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”).

Kirby McInerney LLP Announces New Financial Whistleblower Group

Following President Obama’s July 21st signing of the Dodd-Frank Wall Street Reform and Consumer Protection Act into law, the Law Firm of Kirby McInerney LLP has announced its formation of a focused Financial Whistleblower Litigation Group.

Kirby McInerney LLP Wins Affirmative Summary Judgment in Medicaid Fraud Case Against 11 Drug Manufacturers

The Honorable Patti Saris of the United States District Court for the District of Massachusetts granted the City of New York and New York Counties’ motion for summary judgment against 11 pharmaceutical manufacturers in In Re: Pharmaceutical Industry Average Wholesale Price Litigation. The decision states that the defendants violated New York Social Services Law 145-b by knowingly reporting fictitious prices on which Medicaid reimbursements were based.

Kirby McInerney LLP Appointed Lead Counsel in Wachovia Corp. Securities Litigation

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 Appointed Lead Counsel in Citigroup Inc. Securities Litigation

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”).