The Initial Public Offering Securities Litigation
is one of the largest securities class actions in history.
It consists of 309 class actions involving more than 300 initial
public offerings ("IPOs") marketed between 1998
and 2000. The actions are coordinated before U.S. District
Court Judge Shira A. Scheindlin in the Southern District of
New York. The defendants consist of the companies brought
public, certain of their officers and directors, and 55 of
the investment banks that brought the companies public and
underwrote various follow-on offerings.
The lawsuits allege that the IPOs were manipulated
by the investment banks to artificially inflate the market
price of those securities and to conceal the amounts of compensation
actually received by the underwriters. On February 19, 2003,
the Court denied in part and granted in part the defendants'
motions to dismiss. As a result of the decision, discovery
commenced and is ongoing.
In June 2003, the plaintiffs and the issuer
defendants and their directors and officers reached a proposed
settlement that will guarantee at least (or the first) $1
billion dollars to investors who are class members from the
insurers of the issuers. The proposed settlement does not
resolve the claims against the underwriter defendants. As
a result, the plaintiffs will continue to prosecute the litigation
against these defendants.
More recently, in 2006, Bernstein Liebhard has negotiated the first settlement with one of the underwriter defendants, JP Morgan Chase, for $425 million.
The plaintiffs' attorneys are led by a Court-appointed
Executive Committee, of which Bernstein Liebhard serves as
Vice Chair. |