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ieff Cabraser
“Representing the best
qualities of the plaintiffs’ bar.”
National Law Journal
The Brief
60+ attorneys
Offices in San Francisco, New York, and Nashville
Among the nation’s largest plaintiffs’ firms
Assisted clients recover over $85 billion in verdicts and
settlements
Landmark cases
Multi-state Attorney General tobacco litigation
Exxon Valdez oil disaster
Fen-Phen & Vioxx prescription drug recalls
Swiss banks & insurance companies Holocaust cases
Walmart employees wage & hour litigation
Microsoft private antitrust cases
Broadcom shareholders derivative action
Masonite defective siding & roofing cases
Wells Fargo Bank overdraft fees litigation
Affiliations with plaintiffs’ attorneys worldwide
What it Takes to Achieve Justice
Justice. A word that encompasses The pursuit of justice motivates all of us at Lieff
the concepts of fairness, truth, and moral Cabraser. It is the engine that drives us to take
rightness. Unfortunately, justice is an ideal a genuine, personal interest in your case and
most deeply understood when it is absent: become heart-and-soul advocates for your
rights.
• When investors are misled by a company’s
financial reports; To get there, we bring what it takes to win: a
large team of lawyers supported by substantial
• When a business deceives its customers, financial, personnel, and technological
defrauds the government, or harms competing resources and possessing the determination,
businesses and consumers through price-fixing or knowledge, experience, and skills developed
the misuse of monopoly power; in repeatedly prevailing in high-stakes
cases against many of the world’s largest
• When a corporation sells a dangerous or defective corporations.
product;
• When a business refuses to hire or promote
qualified members of an ethnic, racial, or gender
Steven E. Fineman,
group. Managing Partner
“The free market only
works when companies
compete with each other.
Knowing they may be held
accountable if they cheat is
a powerful incentive to obey
the law.”
William Bernstein
Partner, Antitrust & Intellectual
Property Practice Group
“We’ll spend as much money
to build a case as our
counterparts will to defend it.”
Richard M. Heimann
Partner & Chair of Securities &
Financial Fraud Practice Group
“There is incredible value in
not only bringing a
company to justice but
effecting change in an entire
industry.”
Kelly M. Dermody
Partner & Chair of Employment
Practice Group
“All of us have an instinct
for justice, but we have to
act on it.”
Elizabeth J. Cabraser
Partner & Chair of Personal
Injury Practice Group
Lieff Cabraser Heimann & Bernstein LLP | 01
“Justice is giving access to
“Justice happens when
the legal system, trying to
an industry not only pays
right wrongs that victims
for its mistakes, but most
have suffered, be they people,
importantly when it reforms
governments, or companies.”
its business practices.”
Eric B. Fastiff
Michael W. Sobol
Partner & Chair of Antitrust &
Partner & Chair of Consumer
Intellectual Property Practice
Protection Practice Group
Group
“As a mother of two small
children, I want to make the
world a safer place by making
sure that when someone hurts
another person, they are held
accountable.”
Kathryn E. Barnett
Partner in charge of
Nashville office
Top rankings, year after year
The victories we have achieved for our clients place our litigators among the nation’s best. Over the
past five years, we have been recognized in:
Best Lawyers National Law Journal’s 100 Most Influential
Lawyers in America
Best Lawyers/U.S. News Best Law Firms
National Law Journal’s Plaintiffs’ Hot List
California Lawyer Attorneys of the Year
National Law Journal’s Plaintiffs’ Hot List Hall of
Daily Journal’s Top Practice Groups
Fame
Daily Journal’s Top 100 Attorneys in California
Plaintiffs Benchmark
Lawdragon’s Top 500 Plaintiffs’ Lawyers
Super Lawyers
Legal 500
Super Lawyers Business Edition
Martindale Hubbell AV Preeminent Peer Review (Antitrust, Commercial, Securities Litigation)
Championing Justice for the Past 40 Years
A Historical Commitment to Preventing Fraud, Abuse, and Negligence
1980-1989 1990-1999
1996
1984 Naef v. Masonite
We served as Co-Lead Counsel
1970-1979
Rewald Investor Fraud Litigation
in a national class action lawsuit.
We assisted investors in recovering A month-long jury trial in 1996
funds from the directors of an established that Masonite
investment company that operated hardboard siding was defective.
a classic “Ponzi” scheme. Under a claims program that
ran through 2008, homeowners
received almost $1 billion in cash
1972 payments for damaged siding.
The Legacy Begins
1989
Robert Lieff founded the firm after
litigating for seven years as a name Exxon Valdez Oil Spill Litigation 1998
partner with the late Melvin Belli in On March 24, 1989, the Exxon Multi-State Tobacco Litigation
San Francisco. Valdez spilled 11 million gallons We represented Attorneys General
of oil into Prince William Sound, of several states and California
Alaska. We served as one of the cities and counties in landmark
1975 court-appointed Plaintiffs’ Class
Counsel representing thousands
litigation against the tobacco
industry, obtaining $42 billion in
Estate of Harold Blauer v. of fishermen. In 2009, after many total settlements for our clients.
United States appeals, the U.S. Supreme Court The settlements required extensive
Harold Blauer died in 1953 in a set a punitive damages award changes to the marketing of
psychiatric institute after receiving against Exxon at $507.5 million. cigarettes in order to reduce teen
mescaline, without his consent, With interest, the total award to the smoking.
as part of a chemical warfare plaintiffs was $1.515 billion.
experiment by the U.S. Army.
Following the Army’s disclosure
of the nature of Blauer’s death in
1975, we represented Blauer’s
estate in an action against the U.S.
government, which vigorously
contested the case for more than a
decade. In 1987, the government
was found liable for Blauer’s death.
1998 2003
Butler v. Home Depot Natural Gas Antitrust Cases
We represented a class of 25,000 The Court approved a record
female employees and job $1.1 billion settlement in antitrust
applicants who alleged gender litigation against El Paso Natural
discrimination by Home Depot. In Gas Co. for manipulating the
January 1998, the court approved market for natural gas transmission
a $87.5 million settlement that into California. We served as
included comprehensive changes Plaintiffs’ Co-Lead Counsel and
to Home Depot’s hiring, promotion, Co-Liaison Counsel in the litigation.
and compensation practices.
2008
Mraz v. DaimlerChrysler
2000-2009 2010-2…
In a wrongful death lawsuit, we
showed that a known defect in a
Dodge Dakota pickup truck killed
a young father. The jury returned a
$54.4 million verdict for the family.
2010
2000 Wells Fargo Bank v. Gutierrez
Holocaust Cases
The Court found that Wells Fargo
We played a leading role in illegally manipulated the processing
litigating claims by Holocaust of debit card purchases by its
survivors against banks, California customers to maximize
insurance companies, overdraft fees. The court ordered
manufacturers, and others that Wells Fargo to pay $203 million in
profited from persecuting Jews restitution, which was one of the
and other minority groups. We largest consumer protection and
donated our attorneys’ fees of class action judgments in the U.S.
$1.5 million in the Swiss banks
case to endow a human rights
2009 in 2010. We served as Lead Trial
Counsel in the case.
chair at Columbia University Law Barnett v. Walmart
School. After eight years of intense and
adversarial litigation, a settlement
valued at $35 million on behalf of 2012
a certified class of hourly Walmart BP Gulf Oil Disaster
workers in the state of Washington
2002 became final in 2009. The workers
We serve on the Court-appointed
Plaintiffs’ Steering Committee in
alleged they were deprived of
Claghorn v. Edsaco the class action litigation arising out
meal and rest breaks and forced
We served as the Lead Trial of the April 20, 2010 Deepwater
to work off the clock. In addition
Counsel in a securities fraud Horizon oil rig blowout and resulting
to providing monetary relief,
class action lawsuit based on environmental disaster in the Gulf
Walmart was required to undertake
fictitious sales of software and of Mexico. In March 2012, plaintiffs’
measures to prevent wage and
other accounting fraud. The verdict counsel reached a settlement
hour violations at its stores.
of $170.7 million was one of the with BP that will fully compensate
largest verdicts in the U.S. in 2002. hundreds of thousands of victims of
the tragedy.
Best Lawyers and U.S.
Best Lawyers and U.S. News
News selected Lieff
have selected Lieff Cabraser
Cabraser as the national
as the national “Law Firm of
“Law Firm of the Year” for
the Year” for 2011-2012 in the
2011-2012 in the category
category of plaintiffs’ class
of plaintiffs’ class actions
actions and mass torts.
and mass torts.
Every year since 2003, the
National Law Journal has
selected Lieff Cabraser as
one of the nation’s top firms.
Awardees demonstrate
“unusual dedication and
creativity” and represent
“the best qualities of the
plaintiffs’ bar.”
What it Takes to Win
Deep Legal Talent and Resources Discernment, Determination
Winning against big corporations takes top talent We review thousands of cases each year,
and the financial and human resources required investigating and analyzing the facts and legal
to carry your case to a successful outcome at claims. We don’t take every case that comes in
the negotiating table and/or in court. the door. We take cases that are going to make
a difference—to an individual, a family, or an
Our attorneys receive top rankings year after
entire industry.
year, teach at respected law schools, and hold
leadership positions on critical cases and in We recommend litigation only when we
legal associations. believe that liability is clear and damages are
recoverable. When we decide to pursue a
The firm’s substantial financial assets enable us
case, we assume it will go to trial and commit
to take on deep-pocketed defendants and hire
the substantial financial resources that will be
the most effective experts and support staff. We
needed should we actually go to court—as we
work hard to ensure that your interests prevail
have in some of the most important civil cases
against powerful adversaries and to assure that
in the United States over the past four decades.
you receive personal attention throughout your
case.
Lieff Cabraser Heimann & Bernstein LLP | 03
Areas of Practice
Antitrust and Intellectual Property
Civil and Human Rights
Commercial Litigation
Consumer Protection
Defective Products
Employment Law
Environmental Litigation
False Claims Act
Personal Injury and Mass Torts
Securities and Investment Fraud
Economic Justice
for Businesses and Investors
Antitrust and Intellectual Property Securities and Financial Fraud
Lack of fair play hurts businesses as well as Financial fraud and corporate misconduct have
consumers: Price-fixing. Misuse of monopoly robbed investors of billions. Holding those
power by other businesses. Copyright and responsible for these losses accountable is
patent infringement. Businesses that suffer work we relish.
losses as a result of illegal practices can fight
We have obtained recoveries for institutional
back by bringing private civil suits under federal
investors, including some of the nation’s largest
and state laws.
pension funds, in direct securities fraud actions.
Successful prosecution of hundreds of antitrust Awards in these cases have been far greater
lawsuits enables us to help executives and than what the funds would have recovered had
their counsel assess business circumstances they remained in class cases. We also
and determine whether and how to pursue represent private investors, private funds, and
legal action. unions.
We know how to fight and win against big Deep understanding of laws relating to financial
corporations that abuse market power to fraud, conspiracy to commit fraud, and
eliminate competitors. Through innovative negligent misrepresentation enable us to win
settlements, we resolve complex cases, recover tough cases against even the most powerful
damages for our clients, and restore fairness to corporations.
the marketplace.
AOL Time Warner: World’s leading
Our client, the state of manufacturers of LCD
Alaska, recovered in and flat-panel TV screens:
a securities case 50 We serve as Co-Lead
times what it would have Class Counsel for direct
recovered in the class purchasers in a price-fixing
action suit. lawsuit.
Broadcom Corporation:
The settlement constituted
the third-largest settlement
ever in a derivative action
involving stock options
back-dating.
Microsoft Corporation:
Settlements with the LIBOR Litigation: We
company in multiple states represent the Charles
for alleged monopolistic Schwab Corporation in
practices provided over antitrust litigation against
$700 million to consumers the world’s largest banks.
and businesses.
El Paso Natural Gas and
other energy companies:
Antitrust litigation for
price-fixing resulted in over
$1 billion in settlements.
Lieff Cabraser Heimann & Bernstein LLP | 05
Justice for All
Consumers and Patients
Consumer Protection and Defective
Products
From deceptive banking practices to defective
products—cars, building products, computers,
medical devices, drugs, and electronic products—
we’ve helped our clients obtain compensation for
their losses and change industry practices.
• Through class actions representing millions of credit
card holders who were charged excessive interest
and fees, we helped outlaw deceptive practices in the
credit card industry.
• We’ve recovered more than $2 billion in cash, plus
other relief such as extended and enhanced warranties,
for millions of consumers who bought products that did
not perform as promised, from building products and
major appliances to cars and high-tech equipment like
computers.
• We have successfully represented bank customers
nationwide charging that Bank of America, Wells
Fargo Bank, and many other banks manipulated
their processing of customer debit card purchases to
maximize overdraft fees.
Personal Injury
Lieff Cabraser has played a leading role in many
of the most important personal injury and wrongful
death cases in the United States over the last 40
years.
• We represented over 2,000 persons who suffered
valvular heart disease, pulmonary hypertension, or
other problems (such as needing echocardiogram
screening for damage) due to and/or following
exposure to Fen-Phen, and obtained more than $200
million in total for clients in individual cases and/or
claims.
• We played a significant role in negotiating a $1 billion
settlement with Sulzer Orthopedics after it recalled tens
of thousands of faulty hip and knee implants.
Employees Individuals
Employment Law Environmental Practice
Discrimination and wage theft are ongoing We have fought for justice for victims of
problems in the workplace. Lieff Cabraser environmental catastrophes nationwide. Our
has stood up for hundreds of thousands notable cases include the litigation involving
of employees in class actions, recovering the Exxon Valdez oil disaster, the Kingston,
damages, back pay, overtime pay, and pension Tennessee, TVA coal ash spill, the Toms River
benefits for workers, and ending discriminatory childhood cancer cases, and the BP Gulf of
employment practices. Mexico oil spill.
• We have obtained substantial settlements for Civil and Human Rights
technical support workers seeking unpaid
Lieff Cabraser litigators played key roles in
overtime due to misclassification as salaried
actions in the U.S. and abroad to remedy
exempt employees, including IT workers at IBM
civil and human rights abuses, achieving
($65 million settlement), Computer Sciences
settlements in Switzerland and Germany that
Corporation ($24 million settlement), and Wells
Fargo Bank ($12.8 million settlement). recovered $6.3 billion for Holocaust victims
and survivors.
• We represented 25,000 female employees in a
class action against Home Depot, resulting in an False Claims/Whistle Blower Cases
$87.5 million settlement that required the company Under the False Claims Act, we represent
to modify its hiring, promotion, and compensation individuals who “blow the whistle” on acts of
practices, resulting in dramatic increases in fraud committed against the government. In
female employment and pay. the University of Phoenix case, we served
• We achieved settlements in similar discrimination as Lead Plaintiffs’ Counsel for two former
cases against FedEx ($54.9 million settlement), enrollment counselors who alleged that the
Abercrombie & Fitch ($50 million settlement), and school knowingly misled the U.S. Department
Smith Barney ($33 million settlement). of Education to improperly make its students
eligible to collect financial aid. In December
• We have also recovered overtime pay for hourly
2009, the case settled for a record amount.
employees required to work off the clock,
including at Perdue ($10 million settlement) and
Inter-Con Security Systems ($4 million settlement).
Lieff Cabraser Heimann & Bernstein LLP | 07
“All of our clients have
“Our attorneys make sure the
suffered major losses. We
truth is told and convince
never lose sight of their need
judges and juries that our
to hold those responsible for
client’s case is righteous.”
their losses accountable.”
Robert Nelson
Wendy R. Fleishman
Partner & Chair of False Claims
Partner, Personal Injury
Act Practice Group
Practice Group
“Justice is about making sure
the playing field is as level as
possible.”
Jonathan D. Selbin
Partner & Chair of Defective
Products Practice Group
Justice Means More than Money
We can help our clients get a fair hearing—a • The recall of 650,000 Doral Asia cribs after
place and time where their story will be heard we alerted the Consumer Product Safety
with fairness and respect. Commission to suffocation hazards.
While financial recoveries and settlements for • A settlement with Abercrombie & Fitch that
our clients are a key focus of our practice, we required the company to institute policies to
also work hard to protect others from harm. prevent race and gender discrimination and
Through obtaining injunctions, settlements and increase workplace diversity.
robust consent decrees, we have assisted our
clients in requiring defendants to alter products, • An injunction requiring Mobil to notify aircraft
adopt safer procedures, end discrimination, owners that a synthetic oil it produced could
and halt fraudulent business practices. A few cause premature cylinder wear and engine
examples: failure. Affected aircraft owners also received
free repairs.
• Chrysler’s recall of 3.8 million minivans to
replace rear latches. Prior to the recall, an • An enhanced 20-year warranty of free service
estimated 37 passengers—more than half of for consumers sold allegedly defective high-
them children—died in accidents when they efficiency Carrier furnaces.
were ejected from the rear of the minivans.
Making the World a
Safer Place
Our pro bono work has the same focus as every
case we take: support for civil rights, human
rights, and champion access to legal services.
In addition to representing clients who cannot pay,
our attorneys devote countless hours in leadership
positions in legal organizations such as the
American Constitution Society, the New York State
Trial Lawyers Association, the Bar Association of
San Francisco, and Public Justice.
• Lieff Cabraser sponsors the Bay Area Minority
Law Student Scholarship Program and the
National Association for Public Interest Law
Fellowship Program.
• We received the “Firm of the Year” award
in 2005 from the AIDS Legal Referral Panel
and the 1998 Navigator of Civil Rights Award
presented by the NAACP Legal Defense and
Educational Fund.
• We provide ongoing support to more than 25
organizations that work to protect civil rights
and secure access to legal services for all.
• Lieff Cabraser attorneys have served as visiting
professors at law schools at Columbia University,
New York University, the University of California,
Berkeley, and the University of San Francisco.
Lieff Cabraser Heimann & Bernstein LLP | 09
Champions of Justice
A fundamental drive to fight unfairness and achieve justice for our clients
has characterized Lieff Cabraser since our founding in 1972. We have fought to
promote safer products; ensure fair competition; advance the rights of consumers,
employees, patients, investors, and business owners; safeguard the environment;
and remedy civil rights violations worldwide.
Blending the highest quality legal skills with deep financial resources, the firm
has prevailed in complex cases involving the world’s largest corporations. Many
of our cases have resulted in landmark decisions and precedent-setting rulings,
including:
The Attorney General litigation against the tobacco industry
Litigation against European banks and businesses to recover the assets
of Holocaust victims and survivors
A successful class action lawsuit against Walmart that reformed its pay
procedures and employment practices
The third-largest settlement ever in a stock-options backdating lawsuit
A $54 million jury verdict against an auto manufacturer for failing to correct a
known defect in millions of its vehicles
Over $1 billion in cash payments to homeowners in the Masonite defective
siding and roofing cases
An award of $203 million against Wells Fargo Bank for manipulating the
processing of customer debit card purchases to maximize overdraft fees
Antitrust litigation against natural gas and electricity companies for
manipulating prices in California resulting in settlements valued at $1.3 billion
Disclaimer: The outcome of your legal matter will depend upon the facts and
applicable law of your case. Prior results do not guarantee a similar outcome.
San Francisco
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
415.956.1000
New York
250 Hudson Street, 8th Floor
New York, NY 10013-1413
212.355.9500
Nashville
One Nashville Place
150 Fourth Avenue, North, Suite 1650
Nashville, TN 37219-2423
615.313.9000
www.lieffcabraser.com
