Pomerantz and Lead Plaintiff Universities Superannuation Scheme, Ltd. have reached a $50 million settlement with Petrobras’ auditors, PricewaterhouseCoopers Auditores Independentes (“PwC Brazil”). Added to the $2.95 billion settlement achieved in early January 2018,
Pomerantz’s recovery on behalf of Petrobras investors has now reached $3 billion. This represents the largest securities class action settlement in a decade, the largest settlement ever in a class action involving a foreign issuer, and the fifth-largest class action settlement ever achieved in the United States.
It is also the largest settlement ever achieved by a foreign lead plaintiff, and the largest class action settlement in history not involving a restatement of
financial reports. read more...
" ... THE LAWYERS IN THIS CASE [ARE] SOME OF THE BEST LAWYERS IN THE UNITED STATES, IF NOT IN THE WORLD."
Judge Jed S. Rakoff of the Southern District of New York, in Petrobras preliminary approval hearing, February 2018
“ . . . [T]HE COURT FINDS THAT CLASS COUNSEL'S PERFORMANCE WAS IN MANY RESPECTS EXCEPTIONAL, WITH THE RESULT THAT, AS NOTED, THE CLASS IS POISED TO ENJOY A SUBSTANTIALLY LARGER PER SHARE RECOVERY [65%] THAN THE RECOVERY ENJOYED BY NUMEROUS LARGE AND SOPHISTICATED PLAINTIFFS WHO SEPARATELY SETTLED THEIR CLAIMS.”
Judge Jed S. Rakoff, in granting final approval to the Petrobras settlement, June 2018
SETTLEMENT REACHED IN LITIGATION AGAINST BARCLAYS PLC
Pomerantz, as sole Lead Counsel in this high-profile securities class action, recently achieved a $27 million settlement for defrauded investors. Plaintiffs alleged that defendants concealed information and misled investors regarding its management of its “LX” dark pool, a private trading platform where the size and price of the orders are not revealed to other participants.
“LET ME THANK COUNSEL ON BOTH SIDES FOR THE EXTRAORDINARY WORK … IN BRINGING THIS MATTER TO A REASONABLE CONCLUSION. AS THE PARTIES HAVE INDICATED, THE MATTER WAS INTENSELY LITIGATED, BUT IT WAS DONE IN THE MOST EXTRAORDINARY FASHION WITH COOPERATION, COLLABORATION, AND HIGH LEVELS OF PROFESSIONALISM ON BOTH SIDES, SO I THANK YOU.”
Judge Victor Morrero, in granting final approval to the Barclays PLC settlement, May 2019
- 22nd Century Group, Inc.
- Acer Therapeutics Inc.
- Aerojet Rocketdyne Holdings, Inc.
- Akorn, Inc.
- Alphabet, Inc.
- Alta Mesa Resources, Inc. f/k/a Silver Run Acquisition Corporation
- Amyris, Inc.
- Apyx Medical Corporation
- Ascena Retail Group, Inc.
- Aveo Pharmaceuticals, Inc.
- Bloom Energy Corporation
- The Boeing Company
- ChinaCache International Holdings Ltd.
- Chipotle Mexican Grill, Inc.
- CVS Health Corporation
- Diplomat Pharmacy, Inc.
- Duluth Holdings Inc.
- Eventbrite, Inc.
- Eros International Plc
- FedEx Corporation
- Fresenius Medical Care AG & Co. KGaA
- General Electric Company
- Hecla Mining Company
- Helius Medical Technologies, Inc.
- Herbalife Nutrition Ltd.
- Heron Therapeutics, Inc.
- HSBC Holdings plc
- Honeywell International, Inc.
- JD.com, Inc.
- Jumia Technologies AD
- The Kraft Heinz Company
- KushCo Holdings, Inc.
- Level Brands, Inc.
- Lumentum Holdings Inc.
- Lyft, Inc.
- Mitsubishi UFJ Financial Group, Inc.
- Momo Inc.
- Nabriva Therapeutic plc
- Nokia Corporation
- OPKO Health, Inc.
- Pacific Gas and Electric Company
- PetIQ, Inc.
- Pivotal Software, Inc.
- Sirius XM Holdings Inc.
- Spectrum Brands Holdings, Inc.
- Sprint Corporation
- Weis Markets, Inc.
- Whitestone REIT
- WPP plc
- Zafgen, Inc.
- Zogenix, Inc.
- Facebook, Inc.
A WIN FOR INVESTORS IN BARCLAYS
Pomerantz is also sole Lead Counsel in In re Strougo v. Barclays PLC, a class action alleging fraud in Barclays’ “dark pool,” a private trading venue where investors trade stocks almost anonymously. During the Class Period, Barclays’ dark pool catapulted into the financial stratosphere, with market share growth of 33% per year, as Barclay falsely promised investors that it would police the pool to “protect [clients] from predatory trading.” In fact, not only did Barclays allow aggressive traders into its dark pool, but it wooed them with perks that gave them a competitive edge over traditional traders. In November 2017, the Second Circuit affirmed the district court’s certification of a class of Barclays’ investors and, citing its own recent decision in Petrobras, held that direct evidence from plaintiffs of price impact is not necessary, at the class certification stage, to demonstrate market efficiency. The Second Circuit also held that defendants seeking to rebut the presumption of reliance must do so by a preponderance of the evidence, confirming that plaintiffs have no burden to show price impact at the class certification stage—a significant win for plaintiffs. read more...
AT THE VANGUARD
OF LITIGATION AGAINST BP
Additional Successes in the Landmark BP Litigation In October 2014, Pomerantz once again secured crucial victories in its ground-breaking litigation over BP plc's ("BP") 2010 Gulf of Mexico oil spill. This time, Pomerantz established the right of individual foreign investors who purchased foreign-traded shares of a foreign corporation to pursue claims for securities fraud in a U.S. court, thereby overcoming obstacles created by the U.S. Supreme Court’s 2010 read more