Securities Fraud Representative Settlements

Berger & Montague serves as lead counsel in a federal securities class action brought against Adams Golf and its top officers and directors in connection with Adams Golf's initial public offering (the "IPO") in 1998. The case also names as...

In 2001, the firm, as co-lead counsel, obtained a class settlement for investors of $75 million cash

The firm represented a class of investors in a securities fraud class action against the A.T. Cross , and won a significant victory in the U.S. Court of Appeals for the First Circuit when that Court reversed the dismissal of the complaint and lessened the pleading standard for such cases in the First Circuit, holding that it would not require plaintiffs in a shareholder suit to submit proof of financial restatement in order to prove revenue inflation. See Aldridge v. A.T. Cross Corp., 284 F.3d 72 (1st Cir. 2002). The case ultimately settled for $1.5 million.

As co-lead counsel representing the New Hampshire Retirement System, Berger & Montague also helped secure substantial corporate governance benefits. A substantial monetary recovery ($15.25 million) was coupled with wide-ranging corporate governance...

Berger & Montague, PC is Lead Counsel in this securities fraud class action involving Bally Total Fitness Holding Corporation ("Bally"). The case involves three groups of defendants: (1) Bally; (2) three of Bally's former officers (collectively the...

Berger & Montague represents a class of shareholders who alleged that the lab equipment maker, Beckman Coulter, Inc., did not disclose product quality and regulatory issues that hurt the company's stock price in a timely fashion.

The firm represented lead plaintiffs as co-lead counsel and obtained $29.25 million cash settlement and an additional $6,528,371 in dividends for a gross settlement value of $35,778,371.

The firm, as co-lead counsel, obtained a settlement of $35 million for the benefit of the class.

Berger & Montague filed a class action suit against Carreker Corporation ("Carreker" or the "Company") and certain of its officers, on behalf of all persons or entities who purchased Carreker common stock from July 30, 1999 to December 10, 2002 (the...

The firm, as co-lead counsel, obtained a settlement of $93 million for the benefit of bond and stock purchaser classes.

Berger & Montague, P.C. served as lead counsel in a securities class action filed in the United States District Court for the Southern District of Florida against defendant Concord Camera Corp. ("Concord") and several of its officers seeking damages...

Berger & Montague announced on October 27, 2008 that a class action lawsuit was filed in the United States District Court of New York on behalf of all purchasers of American Depository Shares (evidenced by American Depository Receipts) of Elan Corporation PLC (“Elan” or the “Company”) and all purchasers of options to purchase Elan securities during the period of June 17, 2008 through July 29, 2008 (the “Class Period”) charging Elan and certain of its principal officers and directors with violations of the federal securities laws.

The firm, as lead counsel, obtained a class settlement of $94 million for the benefit of the class.

The Berger firm represented a private real estate developer/investor who sold a valuable apartment complex to GMH for cash and publicly-held securities. The case settled for a confidential sum which represented a significant portion of the losses...

Berger & Montague represented a former trader who brought a shareholder class action on behalf of minority shareholders of the Philadelphia Stock Exchange alleging breaches of fiduciary duty by directors of the exchange and the exchange itself. A...

Berger & Montague served as co-lead counsel in this consolidated class action stemming from the collapse of Hemispherx stock after it was revealed in December 2009 that the U.S. Food and Drug Administration had rejected Ampligen despite repeated...

The firm, serving as both co-lead and liaison counsel, obtained a cash settlement of $111 million in an action on behalf of investors against IKON and certain of its officers.

Beginning in September 2007, two class actions were instituted on behalf of purchasers of NetBank common stock, alleging claims against NetBank and certain of its officers and directors for violations of the federal securities laws. By an Order of the...

The Berger firm represented a group of private shareholders who sold their companies to a large publicly-held corporation in exchange for $103.5 million in stock. The case settled for a confidential sum on the eve of trial for a percentage of...

On September 19, 2008, Berger & Montague reached a $29,250,000 cash settlement with Kinross Gold Corporation ("Kinross"), Kinross Gold U.S.A. ("Kinross USA"), Inc., and Kinam Gold Inc. ("Kinam") (the "Kinross Defendants") on behalf of current and...

The firm, as a member of Plaintiffs' Counsel's Executive Committee, obtained a cash settlement of $65 million in 2009 in an action on behalf of investors against KLA-Tencor and certain of its officers and directors.

This litigation involved two related class actions, both of which have been settled. The first was against Medi-Hut Co., Inc. and several of its officers, captioned In re: Medi-Hut Inc. Securities Litigation, U.S.D.C., D.N.J., No. 02-881 ("Medi-Hut...

The firm served as lead counsel and co‑trial counsel for a class of purchasers of Melridge common stock and convertible debentures. A four‑month jury trial yielded a verdict in plaintiffs' favor for $88.2 million, and judgment was entered on RICO claims...

Berger & Montague, as co-lead counsel, obtained a recovery of $475 million in 2009 for the benefit of the class in one of the largest recoveries among the recent financial crisis cases. (Civil Action No. 07-CV-09633 (S.D.N.Y.)).

As court-appointed liaison counsel, the firm was one of four lead counsel who structured the $1.3 billion "global" settlement of all claims pending against Michael R. Milken, over 200 present and former officers and directors of Drexel Burnham Lambert,...