Massachusetts

Firm overview

Founded in 1982, Berman Tabacco is a national law firm with offices in Massachusetts and California. The firm has devoted its practice to complex litigation, primarily under the  securities  and antitrust  laws, as well as related services requested by and provided to its institutional clients. The firm also has an active  whistleblower  practice,  among  others. 


Securities Litigation 
Berman Tabacco has more than 35 years of securities-litigation experience and has represented public pension funds 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. Indeed, 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 12/31/2018). The firm has successfully prosecuted and recovered billions of dollars for defrauded investors in some of the most significant shareholder lawsuits of the last 20 years, having been appointed as lead or co-lead counsel in more than 100 actions. Recent successes include:

• 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 will receive over 100% of their recoverable losses.
• 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, which alleged negligent misrepresentations in connection with rating three structured investment vehicles.
• 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 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 from investment-bank underwriters and officers—one of the largest mortgage-backed-securities class action settlements to date and the largest paid by underwriter defendants.

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). The firm serves as monitoring, evaluation, and/or litigation counsel to over 100 institutional investors, which includes 17 statewide public employee retirement systems with more than $50 billion in assets.


Antitrust Litigation
Berman Tabacco's antitrust practice has a national reputation for prosecuting class actions that involve anticompetitive conduct and conspiracies to fix or maintain prices. Over the years, the firm has played a major role in the prosecution of numerous landmark antitrust cases  and has been at the forefront of some of the largest antitrust settlements—recovering over a billion dollars for class members and changing business practices of defendant companies. The following are examples of the antitrust group's recent efforts:

• 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 notebook computers, cell phones, and digital cameras).  The firm successfully negotiated settlements totaling $139.3 million, which were approved in May 2018.
• 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 two large public pension funds in 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 September 2019, partial settlements totaling $307 million have been achieved, of which $236 million have been finally approved.

• Sullivan v. Barclays PLC, et al., No. 13-cv-02811 (PKC) (S.D.N.Y.) Berman Tabacco represents a public pension fund in a class action that it joined as named plaintiff, which alleges 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 September 2019, partial settlements total $309 million.

Whistleblower Representation 
Berman Tabacco's  whistleblower practice group  assists individuals wishing to expose fraud perpetrated against the federal government, states, and corporations, working to obtain the compensation and protections afforded by the False Claims Act, the U.S. Securities and Exchange Commission Whistleblower Program, the Commodities Futures Trading Commission Whistleblower Program, and the Internal Revenue Service Whistleblower Program. Berman Tabacco helps whistleblowers engage appropriate government entities to right wrongs—enforced either by those agencies or through separate litigation. 

Last Updated Sep 2019

Firm overview

Campbell Conroy & O'Neil have successfully tried hundreds of large value, high-exposure, technically complex cases to verdict. We provide advice, counseling and representation during all stages of a dispute, ranging from the time before the filing of a lawsuit through the final appeal. Our attorneys are well connected throughout the profession offering clients the advantage of an international network of relationships, access to courts across the country, and world-class trial experience. Internal cost controls, efficient staffing models, state-of-the-art technology, strategic office locations, and a stream-lined approach to case management mean we provide world-class trial performance at exceptionally reasonable rates. Our use of cutting edge technology in the preparation and presentation of every case enhances our ability to deliver clear, organized, powerful arguments that win cases.

Founded in 1983, Campbell Conroy & O'Neil gained early success as Campbell Campbell Edwards & Conroy in automotive product liability cases. Over the last several decades, the firm has developed a national reputation defending a wide variety of industries in all types of civil litigation. The firm serves as local, regional and national counsel to a variety of clients including those in the automotive, transportation, pharmaceutical, medical device, chemical, heavy equipment, commercial equipment, consumer products and many other industries. With offices in seven states, we try cases across the country and regularly act as regional or national coordinating counsel for Fortune 500 companies. Our clients also include locally-owned businesses, family-owned enterprises, and individuals.

Accessibility and responsiveness are hallmarks of great client service, and we continually strive for excellence throughout our business relationships. Our attorneys take a personal interest in your business and know that communication is the key to your peace of mind. We are committed to the successful resolution of your case, based on your definition of success. Not every case belongs in court. We are counselors as well as advocates; throughout the course of our representation, we will counsel your team on the relative risks, costs, and benefits of continued litigation versus settlement. Customized reporting and billing, a litigation plan with budgeting options, a willingness to discuss alternative fee arrangements and a focus on our clients’ business objectives inject both flexibility and predictability into the management of legal budgets.

Our attorneys hold memberships and/or leadership roles in: the American College of Trial Lawyers, the American Board of Trial Advocates, the International Association of Defense Counsel, the Massachusetts Defense Lawyers Association, the Federation of Defense and Corporate Counsel, the Association of Defense Trial Attorneys, the Product Liability Advisory Council, the Defense Research Institute, the American Bar Association, as well as various state bar associations.

We are consistently recognized for our results and are regularly ranked in: Chambers USA, The Legal 500, Benchmark Litigation, The Best Lawyers in America, The Best Lawyers in Boston, The Best Lawyers in Philadelphia, The Best Law Firms, Who’s Who Legal, Super Lawyers, Martindale-Hubbell and more.


Last Updated September 2019

Firm overview

Choate is one of the nation’s premier law firms. We have intentionally built Choate different from the firms with which we compete. We believe those differences materially benefit our clients and the best and brightest talent which joins us. Choate stands out in a legal marketplace which is crowded, intensely competitive and populated by firms which increasingly look, act and think alike. Our unique model leads to a special client experience.  We focus on a core group of strategic areas where we practice at the highest level representing clients in their most important matters across the US and internationally.

Like a handful of leading Wall Street firms, Choate conducts its national and international practice through a single office – ours happens to be in Boston. Teamwork, collaboration, flexibility, and creativity all matter in solving today’s complex legal problems in a “real time” way. We are all under one roof, know each other really well, and work together in teams every day. That familiarity, proximity, and continuity allow us to communicate quickly, share knowledge easily, and respond to our clients’ needs seamlessly and immediately, in ways that multi-office, much larger, and less flexible organizations often cannot.  When local counsel is needed on a case or transaction, we select and collaborate with local firms whose expertise is best suited to our clients’ specific needs.  Because of the depth of our practice, we have built strong relationships with leading firms around the world which provide exceptional service to us and to our clients.

Our partners are directly and actively involved in client engagements and staff matters based on the client’s needs. We have intentionally built a different leverage model. We recruit only the best and brightest and invest extensively in their development. Our ratio of partners to associates is more balanced than most of our competition, allowing our partners to work directly with associates to train and develop the next generation of exceptional lawyers.   Our model allows us to provide appropriately staffed teams and unusual value to clients.

Everything we do at Choate is centered on two fundamental business objectives and core values: helping our clients succeed in their businesses and delivering a unique and uniformly superior client experience. Our clients are market-leaders themselves and entrust us with their most important projects. We view the representation of our clients as a privilege, which we have to earn every day and in every interaction. Many of our clients have been with us for more than 25 years; many are new each year and come to us in large part based on the experience of existing clients. That experience includes the service, results, excellence, and value we provide to, and the strength of the relationships we earn with, our clients.


Last Updated August 2019

Firm overview

Mintz is a leading national law firm with more than 500 diverse and talented attorneys working to provide our clients with unmatched legal advice in the global market’s most competitive industries. Ours is a firm built on excellence and driven by change. We create breakthrough legal strategies that help clients solve problems and forge ahead. Through a combination of legal and business insights, we have continuously helped our clients navigate shifting challenges, comply with evolving regulations and compete in emerging markets.

To ensure our clients continue to see excellent results, we emphasize talent retention through the mentorship of our world class associates and a commitment to a diverse and inclusive culture. As such, we are able to integrate a full spectrum of viewpoints into all that we do, recognizing that a range of perspectives drives the best legal solutions.

We have one of the largest and most distinguished litigation practices nationwide, with a deep bench of trial lawyers and regulatory experts who cover all aspects of complex business litigation. Our attorneys approach problems with an aggressive drive and a strong sense of doing what’s best for the client. While our litigators are experienced trial lawyers who are fully prepared to take every case to trial, we keep a singular focus on the client’s business objectives in every case to make sure that the litigation strategy will help achieve those objectives, and employ tactics designed to achieve successful, early resolutions of cases wherever possible.

Central to our approach is immersing ourselves in our client’s business and tackling problems as if they were our own. We strive to be the leading legal counsel in our client’s industries — dedicating ourselves to developing the canny, insider insight needed to create successful, nimble strategies. Clients trust us with their most complex litigation issues because we approach problems with the understanding that each business has its unique challenges and characteristics. As litigators, we work closely with our colleagues in other disciplines to advise on key legal and industry matters that can impact a client’s dispute resolution. This collaborative, holistic approach allows us to ensure that we are leaving no stone unturned when it comes to crafting the best strategy for our clients’ businesses.

At Mintz, we understand that litigation is our business, not our client’s and that with each new engagement we must work to earn our reputation for excellence. Our top tier team of attorneys focuses on delivering prompt, high quality resolutions for our clients so that they can continue to compete above the rest, today and down the road.

Last updated September 2019