Labaton Keller Sucharow LLP > Wilmington, United States > Firm Profile

Labaton Keller Sucharow LLP
300 DELAWARE AVENUE
SUITE 1340
WILMINGTON, DE 19801
DELAWARE
United States

Dispute resolution > Securities litigation: plaintiff Tier 1

Labaton Keller Sucharow LLP in New York has a 21-partner practice that is ‘very knowledgeable and experienced’, and clients remark that the firm is ‘superb in their securities litigation’. It represents more than 220 institutional investors, among them 130 public pension plans, with collective assets under management in excess of $2.5 trillion. Over the years, the firm has recovered more than $18bn for investors, among its key victories being In re SCANA Corporation Securities Litigation, in which it recovered $192.5m. ‘The people I have worked with are very personable and knowledgeable’, remarks one client, noting that ‘not every firm has the ability to encompass both’. Chairman Christopher Keller and head of litigation Jonathan Gardner oversee the practice, which includes standout partner Thomas Dubbs. Dubbs and James Johnson are acting as co-lead counsel in a high-profile case based on Goldman Sachs’s concealment of misconduct related to multiple collateralized debt obligations shorting the mortgage market leading up to the 2008 financial crisis. Carol Villegas, who secured a $73m settlement in a securities class action against data analytics company Nielsen, is one of the most prominent women in the securities litigation field. Clients also single out Michael Rogers and up-and-coming partner James Christie for praise. Both are key to a securities class action against EV company Nikola Corporation.

Practice head(s):

Christopher Keller; Jonathan Gardner

Testimonials

‘The team is very knowledgeable and experienced. I was very impressed with James Johnson, Michael Rogers, and James Christie.’

‘The Labaton team is superb in their securities litigation. I recently was in a mediation that included another firm on the plaintiff’s side and the Labaton team was much more effective and were able to work around some of the extraneous comments to get to the heart of the issue. Labaton has a very diverse workforce with whom I enjoy working.’

‘The people I have worked with are very personable and knowledgeable. Not every firm has the ability to encompass both.’

Key clients

Wayne County Employees’ Retirement System

Teacher Retirement System of Texas

Firefighters’ Pension System of the City of Kansas City, Missouri Trust

Rhode Island State Investment Commission

West Virginia Investment Management Board

Indiana Public Retirement System

Utah Retirement Systems

Public Employee Retirement System of Idaho

Public Employees’ Retirement System of Mississippi

Oklahoma Firefighters Pension & Retirement System

Work highlights

  • Representing Steamfitters Local 449 Pension Plan in a historic class-action victory, the firm reached an agreement for a historic $1 billion cash settlement on behalf of shareholders in Dell Technologies Inc. The agreement comes as the shareholders’ lawsuit – In re: Dell Technologies Inc. Class V Stockholders Litigation – was scheduled to go to trial next month in the Delaware Court of Chancery. The settlement, if approved by the court, will end the dispute arising from a $23.9 billion conversion of Dell stock in a controversial 2018 deal
  • Acting as co-lead counsel in a securities class action against SCANA Corp representing West Virginia Investment Management Board, the firm obtained a $192.5 million settlement for investors.
  • Acting as lead counsel representing Public Employees Retirement System of Mississippi in a securities class action against Nielsen Holdings plc (“Nielsen”), the data analytics company that provides its customers with detailed information about consumer preferences as well as what programming consumers watch and listen to, and certain of its executives, that alleges the company misrepresented (i) the strength of its Buy business, (ii) the value of its goodwill, and (iii) the impact of the EU’s privacy law, the GDPR.

Dispute resolution > M&A litigation: plaintiff Tier 2

The Delaware office of Labaton Keller Sucharow LLP is home to an M&A litigation practice that is ‘excellent at identifying the strongest claims in each case and aggressively prosecuting those claims without wasting time and resources on less strategically relevant issues‘. Lead partner Ned Weinberger is ‘already one of the best stockholder lawyers in Delaware – his judgment and strategic thinking combined with a depth of understanding of the law make him a tenacious advocate for his clients‘. He recently acted as co-lead counsel in a class action against controlling stockholders of Dell, who are accused of breaching their fiduciary duties and expropriating billions of dollars in value from Dell’s Class V Stockholders – the defendants settled the suit with only three weeks left before trial with an agreement for a $1bn cash settlement, which is currently awaiting court approval. Up-and-coming partner Mark Richardson played a key role in that matter. Michael Wagner joined from Smith, Katzenstein & Jenkins LLP in late 2022, bringing extensive experience in the representation of stockholders against corporate officers and directors in the Delaware Court of Chancery.

Practice head(s):

Ned Weinberger

Other key lawyers:

Testimonials

‘Ned Weinberger and his team are excellent at identifying the strongest claims in each case and aggressively prosecuting those claims without wasting time and resources on less strategically relevant issues.’

‘Ned Weinberger is the leader of the practice and is already one of the best stockholder lawyers in Delaware. His judgment and strategic thinking combined with a depth of understanding of the law make him a tenacious advocate for his clients.’

Key clients

Steamfitters Local 449 Pension Plan

Peggy Olenik

Plumbers and Steamfitters Local 60 Pension Trust

Jody Britt

Shareholders of Sears Hometown and Outlet Stores, Inc.

Nantahala Capital Partners II Limited Partnership

Massachusetts Laborers’ Pension Fund

Cambridge Retirement System

Macomb County Employees’ Retirement System

Shareholders of Straight Path, including JDS1 LLC and The Arbitrage Fund

Richard Rose and Dennis E. Murray Sr.

Teamsters Local 443 Health Services & Insurance Plan

Work highlights

  • Representing Steamfitters Local 449 Pension Plan in In re: Dell Technologies Inc. Class V Stockholders Litigation, a Delaware case stemming from a $23.9 billion conversion of Dell stock in 2018.
  • Representing Nantahala Capital Partners II Limited Partnership shareholders of QAD Inc. in a suit against the company, its controlling stockholder and several directors for breach of contract and breaches of fiduciary duty, and against Thoma Bravo and its affiliates for aiding and abetting such breaches of fiduciary duty in connection with Thoma’s June 27, 2021 proposed acquisition of QAD.
  • Represented Macomb County Employees Retirement System in a derivative action against the officers and director of Stamps.com for breach of fiduciary duty, insider selling, and corporate waste ($30 million settlement, plus corporate governance reforms).

Founded in 1963, Labaton Sucharow is a tenacious advocate for investors and consumers. The firm represents many of the largest institutional investors worldwide and has secured billions of dollars in landmark recoveries, earning it a reputation as one of the leading plaintiffs’ firms in the United States. The firm’s success is built on its team of more than 70 attorneys as well as its industry-leading in-house investigators, financial analysts, and forensic accountants. Its mission is to continue this legacy and to continue to advance market fairness and transparency in the areas of securities, corporate governance and shareholder rights, and data privacy and cybersecurity litigation, as well as whistleblower representation.

Main areas of practice
Securities litigation: For more than 55 years, Labaton Sucharow has focused on all forms of financial litigation and has pioneered alternative avenues of recovery for investors. Since achieving historic settlements in cases stemming from the financial crisis, the firm continues to prosecute high-profile, cutting-edge actions against corporate behemoths like Dell, Goldman Sachs, Facebook, and Allstate. The firm has played a leading role in shaping investor-friendly securities litigation laws, including through its landmark Supreme Court victory in Amgen Inc. v. Connecticut Retirement Plans and Trust Fund.

      • In re American International Group Securities Litigation – more than $1bn total recovery and one of the top 15 securities class action recoveries
      • In re Schering-Plough/Enhance Securities Litigation – secured a $473m settlement for investors and was praised for the “herculean efforts of Plaintiffs’ Counsel”
      • In re SCANA Corporation Securities Litigation– recovered $192.5m, the largest securities fraud settlement in the history of the District of South Carolina
  • Consumer, cybersecurity, and data privacy practice:  Labaton Sucharow is dedicated to putting our expertise to work on behalf of consumers who have been wronged by fraud in the marketplace.  Built on our world-class litigation skills, deep understanding of federal and state rules and regulations, and an unwavering commitment to fairness, our consumer, cybersecurity, and data privacy practice focuses on protecting consumers and improving the standards of business conduct through litigation and reform.  Our team achieved a historic $650m settlement in the In re Facebook Biometric Information Privacy Litigation matter—the largest consumer data privacy settlement ever, and one of the first cases asserting biometric privacy rights of consumers under Illinois’ Biometric Information Privacy Act (BIPA).

Corporate governance and shareholder rights litigation: Labaton Sucharow’s work on behalf of institutional investors has made the firm a leading advocate in the Court of Chancery. As corporate leaders continue to engage in fraudulent conduct and other mechanisms to unjustly enrich themselves, the firm has initiated numerous derivative and M&A-related suits and secured major victories on behalf of shareholders. This includes a landmark victory in the Delaware Supreme Court in In re Earthstone Energy, Inc.that will have a lasting impact on Delaware courts.

    • In re Freeport-McMoRan Copper & Gold Inc. Derivative Litigation – obtained a $153.75m settlement, the second largest derivative settlement in the Court of Chancery history, which included an unprecedented settlement term for shareholders
    • In re El Paso Corporation Shareholder Litigation – secured a $110m recovery for shareholders and exposed one of the most egregious examples of conflicts of interests in a proposed $21.2bn transaction
    • In re Versum Materials, Inc. Stockholder Litigation– successfully challenged the inclusion of a ‘poison pill’ provision in a proposed merger, providing the class with a $1.43bn increase in merger consideration

Non-US securities litigation: The firm’s non-US securities litigation practice is dedicated to working with non-US counsel to analyze potential claims in all international jurisdictions in which it is possible to seek a recovery. The firm’s attorneys have decades of experience advising institutional investors on the risks and benefits of pursuing claims in non-US forums. In the past five years alone, the firm serves or has served as liaison counsel in more than 50 non-US actions and has helped secure significant recoveries in several cases.

Department Name Email Telephone
https://www.labaton.com/ourpeople/christopher-keller Christopher Keller
https://www.labaton.com/ourpeople/michael-p-canty Michael Canty
https://www.labaton.com/ourpeople/carol-villegas Carol Villegas
https://www.labaton.com/ourpeople/eric-belfi Eric Belfi
https://www.labaton.com/ourpeople/ray-politano Ray Politano
https://www.labaton.com/ourpeople/thomas-dubbs Thomas Dubbs
https://www.labaton.com/ourpeople/james-johnson James Johnson
https://www.labaton.com/ourpeople/ned-weinberger Ned Weinberger
https://www.labaton.com/ourpeople/jonathan-gardner Jonathan Gardner
Photo Name Position Profile
Mark Richardson photo Mark Richardson Partner
Ned Weinberger photo Mr Ned Weinberger Partner
Number of Partners : 20
Number of Lawyers : 50
Of Counsel and Senior Advisor : Lawrence A Sucharow