Practice Areas

Securities Practice

Bernstein Liebhard & Lifshitz, LLP is among a select group of law firms recognized for their track record in fighting securities fraud. The Firm has been recognized by The National Law Journal for five consecutive years as one of the top plaintiffs’ firms in the country. In 2007, The National Law Journal named only thirteen firms to the list. The Firm is one of only two firms chosen for the list in all five years; of those two, it is the only firm to have securities litigation as its primary focus. In each instance, the editors of The National Law Journal considered such factors as the "exemplary work" performed by the listed firms and the results that they achieved.

In 2007, Bernstein Liebhard & Lifshitz, LLP was one of only six plaintiffs' securities class action law firms listed in The Legal 500, a guide to the best commercial law firms in the United States. According to its editor, The Legal 500 is an independant "guide to 'the best of the best' - the pre-eminent firms in the world's strongest and most competitive legal market."

Our reputation for excellence is not confined to recognition by industry publications. The Firm's reputation also has been recognized by courts that have appointed Bernstein Liebhard & Lifshitz, LLP to leadership roles in complex class action litigations. In securities litigation alone, Bernstein Liebhard & Lifshitz, LLP has been responsible for recoveries on behalf of shareholders that have reached approximately $2 billion.

The class actions the Firm prosecutes primarily involve publicly-traded corporations and their officers and directors, who disseminate materially false and misleading statements to the investing public about the company's financial condition, results of operation, and/or products and services. Generally, these statements are made in other company press releases, the news media, quarterly and annual financial statements, and various other SEC filings. Typically, when the truth is publicly revealed, defrauded investors, who purchased the company's securities at prices artificially inflated by the false and misleading statements, experience an economic loss in the value of their securities.

The Firm's attorneys are committed to enforcing the disclosure requirements of the securities laws and the corporate governance rules of corporations that issue publicly-traded securities. Our attorneys have actively tried and/or settled scores of actions to successful conclusions. Many of the Firm's attorneys have experience as government prosecutors. Others have SEC and accounting backgrounds.

The Firm also prosecutes class actions in state courts involving challenges to the fairness of, and the consideration offered in, transactions between publicly-traded corporations. Generally, these actions arise in the context of corporate mergers and acquisitions, which are consummated in the absence of a fair process and a fair price.

Commentators and politicians agree that effective corporate governance is essential to the growth of the public's securities markets. Despite recent indications that the government will act to enforce corporate accountability, the government lacks the resources to go it alone. The shareholder derivative action, therefore, has been universally recognized as a crucial tool in assuring the integrity and accountability of corporate officials of publicly-traded corporations. The Firm has played a leading role in using litigation to effect corporate governance improvements that are intended to strengthen corporate responsibility, as well as the democratic rights of public shareholders.

If you have questions or would like more information about this practice area, please e-mail your request to info@bernlieb.com.

Consumer Protection

Consumer protection laws, which exist in all fifty states, regulate the way businesses can advertise, market, and sell their products and services to consumers. Generally, these laws prohibit deceptive business acts or practices, such as bait and switch schemes (in which one product or service is offered but another is actually delivered); false advertising; high-pressure sales tactics; selling used parts in new products; hidden charges in utility, credit card, and other bills; the failure to honor rebates; and use of form contracts and fine print to mislead consumers.

Bernstein Liebhard & Lifshitz, LLP has become very active in this practice area and has emerged as a leader in bringing class actions on behalf of aggrieved consumers. Our participation in consumer protection class actions has brought about meaningful relief for aggrieved consumers, as well as helped to prevent unfair and abusive business practices from recurring.

If you believe that you have been a victim of a deceptive trade practice, please contact either Robert Berg or Ronald Aranoff. The Firm is always interested in hearing of instances in which a product or service does not measure up to the representations made by the companies manufacturing or selling them.

Antitrust

Federal and state antitrust laws were enacted to promote competition by making certain anticompetitive activity illegal. Anticompetitive activity occurs when a company abuses its monopoly power or engages in conduct that prevents competition or restrains market trade in order to remain a market leader in a particular area. Examples of anticompetitive activity include: horizontal price-fixing (i.e., two or more competitors agree on what price to charge or pay); vertical price-fixing (i.e., seller and buyer agree at what price product should be resold); market allocation (two competitors agree not to compete in a particular area or product); predatory pricing (i.e. a company lowers prices below cost to drive a competitor out of business); tying (i.e., requiring a buyer to purchase something that he or she does not want in order to buy something that he or she does want); exclusive franchise agreements (i.e., a seller grants a buyer the exclusive right to resell a product or service); and territorial and customer restrictions (i.e., a seller grants a buyer the exclusive right to resell in a particular territory or to a particular customer).

The federal antitrust laws generally limit damages to businesses or individuals who purchased goods or services directly from the person or company that violates the antitrust laws. Since most products and services are sold through distributors, wholesalers, or retailers, most claims under the federal antitrust laws are brought by businesses, not consumers or other end-users. Many state antitrust laws, however, allow consumers and other end-users to recover damages resulting from anticompetitive conduct, even if they did not purchase goods or services directly from the person or company that violates the antitrust laws.

Bernstein Liebhard & Lifshitz, LLP represents individuals and businesses that have been the victims of anticompetitive activity. The Firm is currently prosecuting price-fixing cases throughout the United States.

If you believe you have been injured as a result of, or have information about, an antitrust violation, contact either Robert Berg or Ronald Aranoff.

 

 


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