COVID-19 Waiver Program FCA Litigation
United States et al., ex rel. Bay Area Whistleblower Partners v. ReNew Health Group LLC et al. (C.D. Cal.): Cohen Milstein represented whistleblowers in a lawsuit alleging that ReNew Health, which owns and operates dozens of nursing facilities throughout California, submitted millions of dollars of false claims to Medicare and California Medicaid under the COVID-19 waiver program for skilled care beginning at the start of the pandemic in March 2020. The whistleblower lawsuit prompted an investigation by the U.S. Department of Justice and the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse. This investigation culminated in the first False Claims Act settlement regarding fraud in the COVID-19 Waiver Program, totaling more than $7 million.
MOVEit Data Breach Litigation
In re: Moveit Customer Data Security Breach Litigation (D. Mass.): Cohen Milstein is one of five court-appointed co-lead counsel overseeing this multidistrict litigation addressing the massive May 2023 data breach involving Progress Software Corp.’s file-sharing software, MOVEit Transfer, which impacted more than 2,500 organizations, including hospitals, banks, businesses, governments, pension funds, universities, among others, and more than 67 million individuals worldwide.
IBM Age Discrimination Litigation
Rodriquez, et al. v. IBM (S.D.N.Y.): Cohen Milstein is representing 16 former employees of IBM Corporation who claim that IBM terminated their employment because of their age in violation of the Age Discrimination in Employment Act (ADEA). Plaintiffs claim that in an effort to rebrand its image and shift its recruiting focus to “Millennials,” people born between 1980 and 1996, IBM carried out a company-wide “Resource Action” scheme of discharging its older workers through group terminations.
LIBOR Antitrust Litigation (Exchange Traded Class)
In re: Libor-Based Financial Instruments Antitrust Litigation (S.D.N.Y.): Cohen Milstein played a significant role in representing the putative Exchange-Based Plaintiffs class that was a part of this large multi-district litigation that was consolidated in 2011. On September 17, 2020, after significant litigation, the court granted final approval of a $187 million settlement between the Exchange-Based Plaintiffs and seven of the 16 of the world’s largest banks, and on April 26, 2024, the court preliminarily approved an additional $3.45 in settlements against the remaining defendants. The combined settlements totaling more than $190 million represent the largest recovery in a “futures-only” commodities class action litigation.
In re Fannie Mae Securities Litigation
In re Fannie Mae Securities Litigation (D.D.C.): Cohen Milstein served as local counsel for the Lead Plaintiffs, Ohio Public Employees Retirement System and the State Teachers Retirement System of Ohio in this significant, certified securities fraud class action and multidistrict litigation against Federal National Mortgage Association (Fannie Mae) and its former accountant, KPMG. The litigation is significant, given the risk investors faced in trying to hold Fannie Mae accountable since it is a public company that operates under a congressional charter. On December 5, 2013, the court granted final approval of a $153 million settlement. In his opinion, Judge Leon stated, the settlement constitutes one of “the largest securities class action settlements in the history of our Circuit (since the Private Securities Litigation Reform Act (PSLRA) went into effect in 1996).”
Apple Gender Pay Discrimination Litigation
Jong, et al. v. Apple Inc. (Cal. Sup., S.F. Cnty.): Cohen Milstein is representing current and former female Apple employees in a putative gender pay discrimination class action. Plaintiffs claim that since 2020, Apple has violated California’s Equal Pay Act and Fair Employment and Housing Act by systematically paying women lower wages than male employees who perform substantially similar work.
Seavitt, et al. v. N-Able
Seavitt, et al. v. N-Able, Inc. (Del. Ch.): Cohen Milstein represents a shareholder of N-able’s common stock in a groundbreaking legal issue challenging the validity of nine provisions in a governance agreement N-able entered into with its lead investors at the time of its IPO. Plaintiff claims the provisions violate Delaware General Corporations Law because they unduly favor certain shareholder control over the company. On July 25, 2024, the court agreed that many of the provisions are statutorily invalid. This is only the second time the court has addressed the validity of such provisions.
California AT&T Data Breach Arbitration
Cohen Milstein is pursuing arbitration on behalf of victims of the 2024 AT&T data breach in California.
Energizer Batteries Antitrust Litigation
Copeland, et al. v. Energizer Holdings, Inc., et al. (N.D. Cal.): Cohen Milstein represents consumers in a putative antitrust price-fixing class action against Energizer Holdings and Wal-Mart, Inc. Consumers allege that since 2018, Walmart and Energizer entered into an illegal agreement whereby Walmart would give Energizer preferential sales treatment at its stores while Energizer would monitor Walmart’s competitors, including online competitors, to keep them from undercutting Walmart’s retail prices for Energizer batteries. Consumers also allege that the agreement remains in effect today.