Berman Tabacco > Boston, United States > Firm Profile

Berman Tabacco
ONE LIBERTY SQUARE
BOSTON, MA 02109
MASSACHUSETTS
United States

Antitrust > Civil litigation/class actions: plaintiff Tier 3

Specializing in antitrust and securities litigation, the ‘extraordinary team’ at the class action and litigation boutique Berman Tabacco is well-versed in handling claims of anticompetitive conduct such as market allocation agreements, price-fixing and patent misuse. Its client roster features companies, public pension funds and individual consumers across industries including pharmaceuticals and finance. Founding partner of the San Francisco office, Joseph Tabacco, ‘a brilliant attorney’ who often acts as lead counsel in antitrust class action and securities litigation, co-heads the practice with Todd Seaver, who litigates both antitrust and financial manipulation-related matters. Matthew Pearson primarily focuses on antitrust, securities and consumer protection litigation and assists clients interested in litigating internationally. All the attorneys mentioned are based in San Francisco.

Practice head(s):

Joseph Tabacco; Todd Seaver

Other key lawyers:

Matthew Pearson; Patrick Egan; Carl Hammarskjold

Testimonials

‘The team is experienced, reliable, reachable and professional. In complex litigation their research, analysis and recommendations are comprehensive. They actively involve the client in their strategy and are able to explain the most complex legal issues in this field so that laypersons can understand and make decisions. Their work with experts on the details of extraordinarily complex damages analyses is exceptional. While the strengths and the skills at the top are unparalleled, those strengths also extend down into the next generation of partners and senior associates.’

‘This is an extraordinary team from the top down. Joe Tabacco is a brilliant attorney with time tested strengths and a reputation for excellence. He and his firm assemble the necessary teams and each member of the team brings strengths to any issue. These are talented advocates who temper that advocacy with hard earned pragmatism. Using this team we have been successful in complex matters recovering hundreds of millions of dollars.’

Key clients

Orange County Employees Retirement System

California State Teachers’ Retirement System

Oklahoma Firefighters Pension & Retirement System

Electrical Workers Pension Fund Local 103, I.B.E.W. and Local 103, I.B.E.W. Health Benefit Plan

New England Carpenters Health Benefits Fund

Bogard Construction, Inc.

Teamsters Western Region & Local 177 Health Care Plan

San Bernadino County Employees Retirement System

Work highlights

  • Represented individual consumers in federal (In re New Motor Vehicles Canadian Export Antitrust Litigation) and California state (In re Automobile Antitrust Cases I & II) class actions alleging major automakers unlawfully conspired to stop the export of less expensive new Canadian vehicles from entering the United States.
  • Representing Orange County Employees Retirement System in Dennis, et al. v. JPMorgan Chase & Co., et al, that alleged defendants conspired to manipulate the Australian Bank Bill Swap Reference Rate (BBSW) and the prices of BBSW-based derivatives, which settled in the total amount of $185.875 million.
  • Representing California State Teachers’ Retirement System in Sullivan v. Barclays PLC et al.

Dispute resolution > Securities litigation: plaintiff Tier 3

Berman Tabacco has a national presence with offices in San Francisco, California, and Boston, Massachusetts, from which it handles a broad range of securities and antitrust litigation on behalf of a large roster of institutional clients. Among its prominent public pension fund clients are California Public Employees’ Retirement System, California State Teachers’ Retirement System, Alameda County Employees’ Retirement Association and Oklahoma Police Pension and Retirement System. Known for its selective approach to pursuing cases and for its success in achieving settlements, having recovered more than $10bn for class members over the years, the firm has 12 partners, the most prominent being managing partner Nicole Lavallee in San Francisco and Leslie Stern in Boston. Lavallee took the lead counsel role for Utah Retirement Systems in a class action against Healthcare Services Group, Inc., alleging that defendants issued materially false and misleading statements that allowed the company to consistently meet or beat earnings per share estimates and artificially inflate its stock price. Joseph Tabacco in San Francisco also plays a key role in the practice, working with Lavallee to achieve a settlement in In re Aegean Marine Petroleum Network, Inc. Securities Litigation.

Practice head(s):

Nicole Lavallee; Leslie Stern

Other key lawyers:

Key clients

California Public Employees’ Retirement System

California State Teachers’ Retirement System

Alameda County Employees’ Retirement Association

Oklahoma Police Pension and Retirement System

Oklahoma Firefighters’ Pension & Retirement System

San Antonio Fire & Police Pension Fund

Plymouth County Retirement Association

San Bernardino County Employees’ Retirement Association

Orange County Employees Retirement System

West Palm Beach Firefighters’ Pension Fund

Work highlights

  • Settled a securities fraud class action for $17.5 million on behalf of Lead Plaintiff Alameda County Employees’ Retirement Association and the class in Hayden v. Portola Pharmaceuticals Inc., et al., No. 3:20-cv-00367-VC (N.D. Cal.) (subject to court approval).
  • Settled a securities fraud class action for $12.5 million on behalf of Lead Plaintiff Oklahoma Police Pension & Retirement System and the class in Oklahoma Police Pension & Retirement System v. Sterling Bancorp, Inc, et al., No. 5:20-cv-10490-JEL-EAS (E.D. Mich.).
  • Settled a securities fraud class action for $16.8 million on behalf of Lead Plaintiff Utah Retirement Systems and the class in Koch v. Healthcare Services Group, Inc., No.19-cv-1227-ER (E.D. Pa.).