Founded in 1982, Berman Tabacco is a national law firm with offices in California and Massachusetts. The firm has devoted its practice to complex litigation, primarily under the securities and antitrust laws, as well as other related services requested by its institutional clients and consumer class actions.
Securities Litigation: Berman Tabacco has over 40 years of securities -litigation experience and has represented public pension funds, multiemployer plans and other institutional investors in that area since 1998. The firm has prosecuted some of the largest securities cases and has recovered billions of dollars on behalf of investors. The firm prides itself on its client-focused approach, exercising superior legal judgment in advising clients about complex cases. Indeed, the quality of the firm’s evaluations and litigation acumen is evidence by several facts. First, Berman Tabacco’s dismissal rate for cases brought under the federal securities laws is less than half the overall dismissal rate for such cases, based on the reported dismissal rate by one authoritative study, Securities Class Action Filings: 2023 Year in Review, pp. 19, 37 (Cornerstone Research 2024). Second, Berman Tabacco appears as one of the firms with the most settlements on the list of the top 100 largest securities class actions in ISS Securities Class Action Services’ published report, Top 100 U.S. Class Action Settlements of All Time (as of 12/31/2023).
Selected successes include:
- In re IndyMac Mortgage-Backed Sec. Litigation, No. 1:09-cv-04583 (LAK) (S.D.N.Y.). As lead counsel, the firm recovered $346 million on behalf of the class against investment-bank underwriters and officers, which was one of the largest mortgage-backed-securities class action settlements and the largest paid by underwriter defendants.
- California Public Employees’ Retirement System v. Moody’s Corp., No. CGC-09-490241 (Cal. Super. Ct. San Francisco Cty.). As sole counsel, the firm recovered $255 million from Moody’s and Standard and Poor’s entities in this landmark individual action on behalf of the California Public Employees’ Retirement System alleging negligent misrepresentations in connection with rating three structured investment vehicles.
- In re BP plc Sec. Litigation, No. 4:10-md-02185 (S.D. Tex.). The firm recovered $175 million on behalf of the class—one of just four mega securities class action settlements in 2017 (settlements of $100 million or more), according to Cornerstone Research—in this hard-fought litigation on behalf of shareholders of BP American Depository Shares arising out of BP’s Deepwater Horizon explosion, one of the worst oil spills in history. Class members who submitted claims received approximately 115% of their recoverable losses.
- In re Fannie Mae 2008 Sec. Litigation, No. 08-cv-07831 (PAC) (S.D.N.Y.). Representing co-lead plaintiff Massachusetts Pension Reserves Investment Management Board, the firm resolved claims for $170 million alleging that Fannie Mae failed to disclose (i) growing exposure to high-risk mortgages as well as (ii) problems with the company’s risk controls, both of which led to federal conservatorship in 2008.
- In re Aegean Marine Petroleum Network, Inc. Sec. Litigation, No. 18-cv-04993-NRB (S.D.N.Y.). As sole lead counsel representing a state pension fund, the firm negotiated $41.749 million settlement on behalf of investors in this action involving a Greek company that declared bankruptcy, where the defendants were residents of Greece and where much of the evidence and witnesses were located in Greece. In addition to recouping monies from the two outside auditors and insurance proceeds on behalf of the former officer, the firm also succeeded in obtaining a personal cash settlement from the other individual defendant.
- Oklahoma Police Pension and Retirement System v. Sterling Bancorp, Inc., et al., No. 2:20-cv-10490 (E.D. Mich.). As sole lead counsel representing Oklahoma Police Pension and Retirement System, the firm achieved a $12.5 million settlement on behalf of the class in this action which alleged, among other things, that defendants misled investors from its IPO forward regarding its core product, the Advantage Loan Program, and its compliance with the Bank Secrecy Act/Anti-Money Laundering provisions. The settlement is significant because it was reached early in the case and represented approximately 20% of the alleged damages (which is far higher than the median recovery for securities fraud class actions overall of less than 5%) even though the company’s continued viability was in question.
Antitrust Litigation: Berman Tabacco’s antitrust practice also has a national reputation for prosecuting class actions that involve anticompetitive conduct and con-spiracies to fix or maintain prices. Over the years, the firm has played a major role in the prosecution of numerous landmark antitrust cases and some of the largest antitrust settle-ments—recovering billions of dollars for class members. The following are examples of the antitrust group’s efforts:
- Automobile Antitrust Cases I and II, JCCP Nos. 4298 and 4303, Nos. CJC-03-004298 and CJC-03-004303 (Cal. Super. Ct. San Francisco Cty.). Berman Tabacco was lead trial counsel for plaintiffs in a California state court action (and was previously chair of the executive committee for plaintiffs in the federal multidistrict class action, In re New Motor Vehicles Canadian Export Antitrust Litig., No. 03-md-1532 (D. Me.)), against leading automakers for alleged violations of the antitrust laws with regard to the pric-ing and importation of automobiles from Canada into the United States. In advance of trial and after almost 20 years of litigation, Plaintiffs settled with the final defendant for $82 million, which received Court approval on October 31 2022. This brought total settlements in the related federal and state cases to $137.85 million.
- In re Lithium Ion Batteries Antitrust Litigation, No. 13-md-02420-YGR (N.D. Cal.). Berman Tabacco was co-lead counsel for the class of direct purchasers of lithium-ion rechargeable batteries in a class action alleging that defendant manufacturers participated in a conspiracy in violation of federal antitrust laws to fix the prices of lithium-ion rechargeable batteries (which are commonly used in devices such as note-book computers, cell phones, and digital cameras). The firm successfully negotiated settlements totaling $139.3 million, which was approved in May 2018.
Moreover, in the past decade, the firm’s antitrust and securities attorneys have been prosecuting class actions on behalf of its institutional clients alleging that class members suffered investment losses due to violations of the antitrust laws. Select examples include:
- Dennis, et al. v. JPMorgan Chase & Co., et al., No. 1:16-cv-06496-LAK (S.D.N.Y.). Berman Tabacco was Plaintiffs’ Counsel representing Orange County Employees Retirement System in this action alleging that defendants conspired to manipulate the Australian Bank Bill Swap Reference Rate (“BBSW”) and the prices of BBSW-based derivatives. The firm successfully negotiated settlements in the total amount of$185.875 million, which were approved by the court on November 2, 2022.
- Sullivan v. Barclays PLC, et al., No. 13-cv-02811 (PKC) (S.D.N.Y.). Berman Tabacco represents California State Teachers’ Retirement System in this action alleging that over a dozen major banks colluded in violation of the antitrust laws to manipulate the EURIBOR, a global reference rate used to benchmark and price over $200 trillion of financial products. As of July 2024, partial settlements totaling $651.5 million have been approved by the court.
- Laydon v. Mizuho Bank, Ltd., No. 1:12-cv-03419 (GBD) (S.D.N.Y.) & Sonterra Capital Master Fund, Ltd. v. UBS AG, No. 1:15-cv-05844 (GBD) (S.D.N.Y.). Berman Tabacco is counsel for plaintiffs representing California State Teachers’ Retirement System in these actions alleging that bank traders and their affiliates colluded in violation of antitrust laws to manipulate the Euroyen TIBOR and Yen LIBOR rates—benchmark rates used to determine interest rates and to price Japanese Yen-based financial instruments. As of July 2024, partial settlements totaling $364.5 million have been achieved and approved by the court.
- In re European Government Bonds Antitrust Litigation, No. 19-cv-2601 (S.D.N.Y.). Berman Tabacco is Interim Co-Lead Counsel and counsel for plaintiff San Bernardino County Employees’ Retirement Association in this action alleging defendant banks conspired with each other for years to manipulate the prices at which they transacted European Government Bonds in the secondary market with U.S investors. The Court has approved the first $40 million in settlements and the final approval hearing for $80 million in settlements with the remaining defendants is scheduled for December 6, 2024.
Updated Oct 2024
