“ Representing the best qualities of the plaintiffs' bar.” by xiangpeng


									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
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
 • 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.

 • 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

                                       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

                                      “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

                                      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
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

                                         1984                                    Naef v. Masonite
                                                                                 We served as Co-Lead Counsel

                                         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
 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.

                                        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.

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

                                                                        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

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
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

• 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

• 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

• 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

                                      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,

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

New York
250 Hudson Street, 8th Floor
New York, NY 10013-1413

One Nashville Place
150 Fourth Avenue, North, Suite 1650
Nashville, TN 37219-2423


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