For Immediate Release:

Lawsuit focuses on materially false and misleading statements about Credit Suisse’s VelocityShares Inverse VIX Short Term Exchange Traded Notes

NEW YORK – The United States Court of Appeals for the Second Circuit issued an order Tuesday that reopened a high-profile lawsuit alleging that Credit Suisse knowingly defrauded investors and caused hundreds of millions in losses.

The decision means that the Southern District of New York must vacate its dismissal of Chahal v. Credit Suisse Grp. AG, et al, and that the case will proceed. Credit Suisse’s misstatements on its VelocityShares Inverse VIX Short Term Exchange Traded Notes, commonly known as and trading under the name XIV, are the central focus of the lawsuit, which was first filed in 2018.

“We believe that Credit Suisse and its former CEO intentionally misled and manipulated investors so that they could profit while investors suffered devastating losses, and we are pleased that this critical case is moving forward,” said Michael B. Eisenkraft, a Partner at Cohen Milstein and a member of the firm’s Securities Litigation & Investor Protection and Antitrust practice groups and a leading attorney on the case against Credit Suisse. “We look forward to prosecuting these claims vigorously on behalf of our clients and the class.”

The lawsuit alleges, among other things, that after observing prior episodes of market volatility, Credit Suisse discerned an ability to depress prices for XIV Notes by purchasing VIX futures contracts on days when volatility spiked. Credit Suisse used this knowledge as part of a scheme to sell millions of XIV Notes before engineering a near-total collapse in their price through just 15 minutes of its own trading. Set Capital further alleges that Janus, although not directly involved in this manipulative scheme, exacerbated the damage by failing to publish accurate prices for XIV Notes during the window of time when the value of those notes collapsed.

The Second Circuit found that “If proven at trial, this alleged conduct was manipulative under our precedents.”

Notably, the Second Circuit also credited the arguments presented by the plaintiffs surrounding the knowledge and motive of former Credit Suisse CEO Tidjane Thiam as part of its reasoning to send this lawsuit back to the Southern District of New York. Citing the plaintiffs’ complaint, the order reads:

“…the complaint plausibly alleges that Thiam was under significant pressure to shift Credit Suisse’s investment arm away from volatile assets like XIV Notes. Accepting these allegations as true, Credit Suisse’s scheme to expand and then destroy the value of XIV Notes would have allowed the bank to profit substantially while realizing Thiam’s strategic goal of “right-sizing” Credit Suisse’s investment division.”

The plaintiffs are represented by Michael B. Eisenkraft, Carol V. Gilden, Laura H. Posner and Steven J. Toll of Cohen Milstein Sellers & Toll PLLC and attorneys at Levi & Korsinsky, LLP.

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About Cohen Milstein

Cohen Milstein Sellers & Toll PLLC is recognized as one of the premier law firms in the country handling major, complex plaintiff-side litigation. With more than 100 attorneys, Cohen Milstein has offices in Washington, D.C., Chicago, Ill., New York, N.Y., Palm Beach Gardens, Fla., Philadelphia, Pa. and Raleigh, N.C. For additional information, visit www.cohenmilstein.com or call 202.408.4600.

Le et al. v. Zuffa, LLC, d/b/a/ Ultimate Fighting Championship and UFC

Case No. 2:15-cv-01045 RFB-BNW (D. Nev.)

FOR IMMEDIATE RELEASE

(Philadelphia, PA – April 13, 2021) – The representatives for a proposed class of professional mixed martial arts fighters in an antitrust lawsuit against the Ultimate Fighting Championship (“UFC”) today announced the launch of a new case website—www.UFCclassaction.com—dedicated to informing members of the proposed class and the general public about the case.

“To inform fighters who are members of the proposed class and others about the status of and key developments in the case, today the plaintiffs are announcing the launch of the website UFCclassaction.com. We plan to use this site to update and inform fighters of the status of our lawsuit,” said named plaintiff Cung Le.

In December 2020, Judge Richard F. Boulware, a U.S. District Court Judge for the District of Nevada, who is overseeing the UFC antitrust class action, indicated that the Court would be granting class certification to professional mixed martial artists who competed in bouts for the UFC. This ruling would allow the ground-breaking antitrust lawsuit filed by MMAFA members Cung Le, Nathan Quarry, Jon Fitch, Brandon Vera, Javier Vazquez, and Kyle Kingsbury to proceed as a class action. Specifically, the class would include:

“All persons who competed in one or more live professional UFC-promoted MMA bouts taking place or broadcast in the United States from December 16, 2010, to June 30, 2017.”

Further, in January 2021, the Court indicated its intent to unseal and make public many of the documents that have become part of the record in this case with the publication of its anticipated class certification order.

The UFCclassaction.com website contains explanations of what has happened to date in the case, answers to frequently asked questions about participating in the class action, and key documents from the litigation, such as the public versions of legal filings, exhibits, and expert reports.

“We encourage all current and former UFC fighters to visit UFCclassaction.com to learn more about the status and key developments in this ground-breaking case,” said Eric L. Cramer, one of the lead counsel for the proposed class.

In December 2014, a group of current and former UFC fighters filed a class action lawsuit against the UFC. The lawsuit alleges that Zuffa (which owns the UFC) violated antitrust laws by paying UFC fighters far less than they were entitled to receive, unfairly restricting the use of their identities, and eliminating or hurting other MMA promoters. The fighters claim that Zuffa engaged in the following anticompetitive practices:

1. locking fighters into long-term, exclusive contracts which, the fighters say, prevents them from competing elsewhere;
2. using its market dominance to coerce fighters to re-sign contracts, allegedly making the contracts effectively perpetual and preventing fighters from reaching free agency; and
3. acquiring and then closing down other MMA promoters that threatened the UFC’s dominance.

The fighters contend that by locking up the vast majority of top fighters in each weight class and buying out its biggest rivals, Zuffa’s scheme prevented potential competitors from obtaining the critical mass of top fighters necessary to compete with the UFC, rendering other promotions to the “minor leagues.” In MMA, athletes obtain fame by competing against ranked opponents, ascending the rankings, and vying for titles. The fighters argue that by acquiring all potential competitors and signing virtually all top Fighters to Exclusive Contracts, Zuffa left the top Fighters and aspiring top Fighters with nowhere else to go. Due to this lack of competition, according to the fighters, Zuffa pays UFC fighters significantly less than they otherwise would if the fighters had more options.

The law firms representing the fighters are Cohen Milstein Sellers & Toll PLLC, Berger Montague PC, The Joseph Saveri Law Firm, Inc., Kemp Jones LLP, and Warner Angle Hallam Jackson & Formanek PLC.

For more information about Le et al. v. Zuffa LLC, Ultimate Fighting Championship and UFC, contact Richard Koffman at rkoffman@cohenmilstein.com.

FOR IMMEDIATE RELEASE:

WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC, one of the nation’s leading plaintiffs’ law firms, has named Mary J. Bortscheller, Brian E. Bowcut and Christina D. Saler as the firm’s newest partners, effective January 1, 2021.

Mary J. Bortscheller, as a member of the firm’s Employee Benefits practice group, represents employees in complex breach of fiduciary duty litigation under ERISA involving employer-sponsored defined benefit plans, 401(k) plans and Employee Stock Ownership Plans (ESOPs). In 2019, she was named a Law360 “Rising Star,” recognizing lawyers under the age of 40 whose professional accomplishments transcend their age.

Ms. Bortscheller graduated from Gustavus Adolphus College with a B.A., cum laude, in Political Science, and received her J.D., cum laude, from American University, Washington College of Law.

Brian E. Bowcut is a member of the firm’s Public Client practice group, where he represents state attorneys general and other public-sector clients as outside counsel in investigations and lawsuits involving deceptive and unfair trade practices. He has deep experience in government investigations and, among other matters, has represented several states in their efforts to hold to account the various companies responsible for the opioid crisis.

Prior to joining Cohen Milstein, Mr. Bowcut was a Trial Attorney and Senior Trial Counsel in the Civil Division of the U.S. Department of Justice. Mr. Bowcut also practiced at a preeminent national law firm, where he specialized in pharmaceutical product liability and commercial litigation. He has argued cases in state and federal courts around the country. Mr. Bowcut attended Utah State University, graduating summa cum laude with a B.A. in Journalism and Political Science, and earned his J.D. from Duke Law School, graduating cum laude and Order of the Coif.

Christina D. Saler, a member of the firm’s Securities Litigation & Investor Protection practice group, represents clients in a broad range of securities, shareholder rights and derivative actions, as well as other complex litigation. Ms. Saler serves as the Editor of Cohen Milstein’s Shareholder Advocate, a quarterly publication focused on issues relevant to the public retirement systems and institutional investor community.

Prior to joining Cohen Milstein in 2017, Ms. Saler was a securities class action litigator at a nationally recognized plaintiffs’ firm, where she distinguished herself as a trusted client counselor of public pension funds and other institutional investors. In 2016, Governor Tom Wolf of Pennsylvania appointed Ms. Saler to the Board of Directors of the Pennsylvania Humanities Council which, in partnership with the National Endowment for the Arts, uses the humanities to foster civic engagement, education and community development. Ms. Saler earned her B.A. from Fairfield University and her J.D., with honors, from Rutgers University Law School.

“We’re excited to announce our newest partners, all of whom are integral members of the Cohen Milstein family,” said Cohen Milstein Managing Partner Steven J. Toll. “Mary, Brian and Christina are exceptional attorneys who have proven themselves to their colleagues and clients. Their work has been critical to furthering our ongoing quest for justice, and we look forward to seeing their continued success as partners.”

About Cohen Milstein Sellers & Toll PLLC

Cohen Milstein Sellers & Toll PLLC is a national leader in plaintiff-side class action litigation. As one of the premier law firms in the country handling major complex lawsuits, Cohen Milstein, with more than 100 attorneys, has offices in Washington, DC; Chicago, IL; New York, NY; Philadelphia, PA; Palm Beach Gardens, FL; and Raleigh, NC.

For Immediate Release:

Alphabet Board to Form Diversity, Equity and Inclusion Advisory Council Comprised of Executives,
Including CEO Sundar Pichai, and Renowned Outside Experts

Settlement Ends Mandatory Arbitration in Harassment, Discrimination and
Retaliation-Related Disputes for all Alphabet Entities

MOUNTAIN VIEW, Calif. – Google parent company Alphabet, Inc. (GOOG, GOOGL) will commit a record-setting $310 million to diversity, equity and inclusion (DEI) initiatives under a settlement with shareholders announced today. The agreement institutes sweeping policy reforms to ensure workplace equity and improve board oversight. It also establishes a DEI Advisory Council comprised of outside experts and Alphabet executives, including Chief Executive Officer Sundar Pichai.

The settlement resolves derivative litigation filed in three jurisdictions, including a derivative lawsuit filed last year against certain Alphabet officers and directors by national law firm Cohen Milstein Sellers & Toll. Alphabet stockholders alleged that the tech giant violated their fiduciary duties by enabling a double standard at Alphabet that allowed powerful executives to sexually harass and discriminate against women without consequence. Appointed co-lead counsel, Cohen Milstein represented lead plaintiffs Northern California Pipe Trades Pension Plan and Teamsters Local 272 Labor Management Pension Fund in the lawsuit.

Through the settlement, Alphabet will implement sweeping reforms to the company’s employment policies, eliminating practices that silence victims and implementing measures to fairly apply workplace policies even for the most senior executives. Among other things, the settlement:

• Ends mandatory arbitration in harassment, discrimination and retaliation-related disputes between any Alphabet company and an employee or extended workforce member;
• Limits Google’s use of non-disclosure agreements, so that employees are able to discuss the underlying facts and circumstances of an incident and the reporting process; and
• Calibrates corrective action recommendations across business units to ensure consistent consequences for the same misconduct.

“The settlement fundamentally alters Alphabet’s workplace policies, including eliminating mandatory arbitration in harassment, discrimination and retaliation-related disputes and the use of one-sided non-disclosure agreements that silence victims and enable powerful harassers,” said Julie Goldsmith Reiser, Partner at Cohen Milstein Sellers & Toll and one of four plaintiffs’ counsel appointed to lead the global settlement negotiations. “These changes, along with the financial commitment to DEI initiatives, position Alphabet to lead as much in workplace equity as it is does in technology and innovation.”

Alphabet’s $310 million commitment to diversity, equity and inclusion over ten years constitutes the largest public commitment any tech company has made in this regard.  The Advisory Council’s oversight of the creation, implementation and ongoing operation of initiatives that support diversity, equity and inclusion will be guided by Hon. Nancy Gertner, a retired federal judge and Harvard Law School lecturer; Grace Speights, global leader of Morgan Lewis’s labor and employment practice and chair of the board of trustees at George Washington University; and Fred Alvarez, a former member of the Equal Employment Opportunity Commission and monitor of Uber’s settlement with the EEOC. Internal members will include Pichai; Kent Walker (Chief Legal Officer), Melonie Parker (Chief Diversity Officer) and Jen Fitzpatrick (SVP).

The Alphabet settlement also institutes governance measures to ensure that Alphabet’s board is informed of and accountable for overseeing risks arising from sexual harassment by executives and, more broadly, fostering a diverse, equitable and inclusive culture. Key changes include:

• Expanding the Audit Committee’s charter to Audit and Compliance, with quarterly reports to the full board on legal and regulatory compliance; and,
• Preventing employees with 10b5-1 stock purchase plans from amending the plans while they are subject to investigations or a lawsuit for sexual misconduct.

The case name in the Alphabet matter is: In re Alphabet Shareholder Derivative Litigation, Case No. 19CV341522, Superior Court of the State of California in and for the County of Santa Clara. It was heard by Superior Court Judge Brian C. Walsh.

See a copy of the complaint and a copy of the settlement.

Ms. Reiser led the Cohen Milstein team that, earlier this year, received final approval for the $90 million settlement of a derivative lawsuit against the Wynn Resorts Ltd. board of directors. That settlement, stemming from the Wynn board’s alleged failure to properly handle longstanding allegations of sexual assault and harassment by founder Steven A. Wynn, also included landmark corporate governance reforms.

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About Cohen Milstein Sellers & Toll

Cohen Milstein Sellers & Toll PLLC is recognized as one of the premier law firms in the country handling major, complex plaintiff-side litigation. With more than 100 attorneys, Cohen Milstein has offices in Washington, D.C., Chicago, Ill., New York, N.Y., Palm Beach Gardens, Fla., Philadelphia, Pa. and Raleigh, N.C. For additional information, visit www.cohenmilstein.com or call 202.408.4600.

FOR IMMEDIATE RELEASE

WASHINGTON, D.C. – Virginia Governor Ralph S. Northam (D-VA) announced today the reappointment of Cohen Milstein partner S. Douglas Bunch to a second four-year term on the Board of Visitors of William & Mary, the second oldest university – and first law school – in the nation. The appointment comes as the university, like all academic institutions, reimagines what learning looks like in the context of the COVID-19 pandemic.

“Serving on William & Mary’s Board of Visitors for the last four years has been an incredible privilege that’s allowed me to give back to an institution that has had such a profound impact on my life,” said S. Douglas Bunch, a Partner at Cohen Milstein and a member of the Securities Litigation & Investor Protection practice group. “I’m grateful to Governor Northam for his continued trust and confidence in me, and I don’t take lightly the responsibility I carry in helping William & Mary navigate a new reality in the midst of the COVID-19 pandemic.”

A member of Phi Beta Kappa, Mr. Bunch graduated summa cum laude from William & Mary in 2002, where he earned a B.A. in Government and Classical Studies. Subsequently, Mr. Bunch attended Harvard University’s Graduate School of Education, from which he graduated in 2003 with an Ed.M. in Administration, Planning, and Social Policy. Following his return to William & Mary, Mr. Bunch earned a J.D. from William & Mary Law School in 2006.

Mr. Bunch joined Cohen Milstein in 2006 and became a partner of the firm in January 2016.  He is a member of the firm’s Securities Litigation & Investor Protection practice, where he litigates federal securities class actions on behalf of defrauded investors. He was instrumental in successfully litigating the suits that followed in the wake of the 2008 financial crisis, including on behalf of public pension funds and other institutions that purchased defectively-issued mortgage-backed securities. His work in the courtroom has been recognized on numerous occasions, most recently by Benchmark Litigation, which named him to its 2019 “40 & Under Hot List,” and Super Lawyers Magazine, which designated him a 2020 “Super Lawyer.”

Mr. Bunch is also co-founder and chairman of Global Playground, Inc., a nonprofit that builds schools in the developing world, and serves on the board of Virginia21, an organization that advocates on behalf of the interests of college and university students in Virginia. In 2011, Mr. Bunch received William & Mary Law School’s inaugural W. Taylor Reveley III award, recognizing alumni who have demonstrated a sustained commitment to public service.

William & Mary is one of eight U.S. institutions to be designated a “public ivy,” and has consistently been ranked by U.S. News & World Report as one of the nation’s top public universities. Included among its alumni are three presidents of the United States, namely Thomas Jefferson, James Monroe, and John Tyler. Former Secretary of Defense Robert M. Gates currently serves as the university’s Chancellor. The Board of Visitors, which governs the university, is composed of seventeen individuals appointed to four-year terms by the Governor of Virginia.

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About Cohen Milstein Sellers & Toll PLLC

Cohen Milstein Sellers & Toll PLLC is a national leader in plaintiff class action lawsuits and litigation. As one of the premier firms in the country handling major complex cases, Cohen Milstein, with 90 attorneys, has offices in Washington, D.C.; Chicago, Ill.; New York, N.Y.; Philadelphia, Pa.; Palm Beach Gardens, Fl.; and Raleigh, N.C.

FOR IMMEDIATE RELEASE:

WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC, one of the nation’s leading plaintiffs’ firms, has named Robert A. Braun as the firm’s newest partner, effective January 1, 2020.

Robert A. Braun specializes in cutting-edge and high-profile antitrust and class action litigation on behalf of individuals and small businesses harmed by price-fixing and other illegal corporate behavior.  He recently helped obtain more than $50 million in settlements in In re Resistors Antitrust Litigation, and has also played significant roles in cases involving anticompetitive behavior in the real estate services industry, LIBOR manipulation, price-fixing by manufacturers of metal pipes and fittings, and “pay-for-delay” and other practices by pharmaceutical companies to limit access to cheaper generic drugs.  Mr. Braun also has extensive experience in international claims litigation, including representing the victims of state-sponsored terrorism in suits amounting to nearly $1 billion in judgments.

Prior to joining Cohen Milstein, Mr. Braun served as a law clerk for the Honorable Carolyn Dineen King of the U.S. Court of Appeals for the Fifth Circuit, and for the Honorable Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas. He earned his J.D. at Yale Law School and attended Princeton University, graduating summa cum laude.

“We’re thrilled to welcome Robby to the partnership,” said Cohen Milstein Managing Partner Steven J. Toll. “He has been a powerful advocate for his clients and a valued member of the Cohen Milstein team. I look forward to his continued success and positive contributions to the firm and to the important work we undertake.”

About Cohen Milstein Sellers & Toll PLLC

Cohen Milstein Sellers & Toll PLLC is a national leader in plaintiff-side class action litigation. As one of the premier law firms in the country handling major complex lawsuits, Cohen Milstein, with more than 100 attorneys, has offices in Washington, DC; Chicago, IL; New York, NY; Philadelphia, PA; Palm Beach Gardens, FL; and Raleigh, NC. For more information about the firm, please visit http://www.cohenmilstein.com or call (202) 408-4600.

Media Contact: cohenmilstein@berlinrosen.com

For Immediate Release

$38 million to benefit non-profit organizations serving Native American farmers and ranchers, and $266 million to fund The Native American Agriculture Fund – Largest Native American Philanthropic Institution

WASHINGTON, D.C. – In light of the Supreme Court’s March 26, 2018 decision declining to hear an appeal over the disposition of $380 million in unclaimed “cy pres” funds from the historic 2011 settlement of Keepseagle v. Vilsack, a decades long battle to resolve claims that the U.S. Department of Agriculture systematically discriminated against Native American farmers and ranchers, has come to a close.  Following distribution of approximately $238 million on successful claims in 2012, supplemental payments to prevailing claimants totaling about $76 million have now been issued.  In addition, $38 million in immediate cy pres awards is being paid out to non-profit organizations serving Native American farmers and ranchers, which were approved following a rigorous grant-making process, and $266 million will go to the Native American Agriculture Fund, a Trust created as part of the modified settlement empowered to fund programs through non-profit organizations over the next 20 years.

“The modification to the settlement agreement struck a sound balance between distributing some of the funds to those who had been successful claimants before and other funds to serve the broader Indian farming and ranching community,” stated Joseph M. Sellers, Lead Counsel for the plaintiffs and Chair of the Civil Rights & Employment practice group at Cohen Milstein Sellers & Toll.  “In many ways, the creation of the Native American Agriculture Fund trust could turn out to be one of the most lasting legacies of this case because it will create the largest non-profit institution to serve Native Americans in the history of this country.  We look forward to seeing the Native American Agriculture Fund move forward to bring benefits to Indian farmers and ranchers beyond what litigation alone has provided.”

Plaintiffs filed Keepseagle in 1999, alleging that since 1981, the USDA systematically denied Native American farmers and ranchers nationwide the same opportunities as white farmers to obtain low-interest rate loans and loan servicing, causing them hundreds of millions of dollars in economic losses.  The U.S. District Court for the District of Columbia approved a $760 million settlement in April 2011, but payments issued on the initial round of claims in 2012 left roughly $380 million of the settlement undisbursed. Since then, the distribution of the remaining funds has been the subject of extensive negotiations and protracted litigation. Most recently, the U.S. Supreme Court in March declined to hear an appeal to the distribution plans, paving the way for the final payments announced today.

“The conclusion of Keepseagle is a very exciting time for Native American agriculture. Class members and other Native American producers will reap significant benefits from these cy pres funds.”  noted Christine E. Webber, Plaintiffs’ class counsel, who chaired the grantmaking process and a partner in Cohen Milstein’s Civil Rights & Employments practice, “There is great need in Indian Country for funding worthwhile projects, and even $38 million could not cover every request. The proposals we received, however, demonstrated an engaged and invested interest across Indian Country to ensure that agriculture will sustain Native communities now and in the future.”

“Native American agriculture is at an important moment for investing in meeting the needs of our agriculture producers,” stated Janie Hipp, Executive Director of the Native American Agriculture Fund. “Combining such investments with the continued focus on feeding ourselves will create important new opportunities to solidify our economies, strengthen our communities and improve our access to healthy foods. Important next steps for the Trustees and the Director include developing strategies for grant-making and building a solid administrative office for carrying out the responsibilities of the Fund.”

Case Background

The nationwide class action lawsuit Keepseagle v. Vilsack, No. 99-cv-3119 (DDC) (EGS) was filed in November 1999, and on April 28, 2011 the U.S. District Court for the District of Columbia approved a historic settlement between Native American farmers and ranchers and the USDA which required USDA to: 1) pay $680 million in damages to thousands of Native Americans, to 2) forgive up to $80 million in outstanding farm loan debt, and to 3) improve the farm loan services USDA provides to Native Americans.  The settlement provided that any unclaimed funds would be distributed to non-profit organizations serving Native American farmers and ranchers, referred to as a “cy pres” distribution.

An extensive outreach campaign and claims process was conducted in 2011, which resulted in over 4300 completed claims, of which over 3600 were approved for payment in 2012.  Successful Track A claimants, the vast majority of the claimants, received $50,000 directly, plus $12,500 paid to the IRS on their behalf to offset taxes.  Track B claimants received up to $250,000, based upon their actual economic loss.  This claims process left $380 million undisbursed.

Years of negotiations followed, and on April 20, 2016 the District Court approved an addendum to the original settlement agreement, reflecting a compromise between two competing goals: paying out more funds to claimants who successfully recovered through the claims process, and maintaining the cy pres distributions for the benefit of the class as a whole.  That ruling was appealed to the D.C. Circuit, which affirmed the District Court on May 16, 2017.  The Supreme Court then declined to hear the case on March 26, 2018, permitting the modification to the agreement to be implemented.

Under the modified settlement, a supplemental award of $18,500 was paid to each prevailing claimant, along with payment of $2,775 to the IRS on their behalf, to offset taxes owed.  Those checks were mailed in late May 2018, and accounted for over $76 million of the remaining funds.

Funded Projects

The modified settlement also allocated $38 million for quick distribution to non-profit organizations serving Native American farmers and ranchers.  The grant opportunity was announced in spring 2016, with applications received in summer 2016, and recommendations from class counsel, developed with the assistance of an Advisory Committee, were submitted to the District Court in October 2016.  Those recommendations were on hold until the appeals process was completed this spring, and on July 19, 2018 the District Court approved the recommendations.

Pursuant to the modified agreement, qualifying organizations had to have provided business assistance, agricultural education, technical support, or advocacy services to Native American farmers or ranchers prior to November 1, 2010, to support and promote their continued engagement in agriculture, and had to be a recognized non-profit organization, or an instrumentality of a state or federally recognized tribe.

The largest number of projects funded support infrastructure or large equipment purchases, ranging from irrigation projects, to purchasing large farm equipment to be shared by small producers, to building facilities needed to link producers to markets, while other projects focus on providing technical assistance or training.  Other approved proposals include regranting to smaller organizations, Community Development Financial Institutions (CDFIs) or similar institutions planning to make loans to farmers or ranchers, as well as addressing legal needs, public policy, or other advocacy on behalf of Native farmers and ranchers and providing scholarships or education to Native American students in agricultural fields.  A complete list of the projects approved for funding is available here.

Given the great need for resources to support the significant interest in agriculture, the remainder of the settlement funds, currently amounting to approximately $266 million, will go to fund the Native American Agriculture Fund.  This Trust will be the largest philanthropic institution ever that is dedicated exclusively to serving the Native American community.  The Trust, under the leadership of a stellar group of Native American leaders in agriculture, economic development, and philanthropy, who were appointed as Trustees by the Court, and with its initial Executive Director Janie Hipp, will have up to 20 years to distribute funds to non-profit organizations providing business assistance, agricultural education, technical support and advocacy services to Native American farmers and ranchers, to support and promote their continued engagement in agriculture.

About Cohen Milstein Sellers & Toll PLLC

Cohen Milstein Sellers & Toll PLLC is a national leader in plaintiff class action litigation. As one of the premier law firms in the country handling major, complex litigation disputes, Cohen Milstein, with 90 attorneys, has offices in Washington, D.C., Chicago, IL, New York, NY, Philadelphia, PA, Palm Beach Gardens, FL, and Raleigh, NC.  For more information, visit www.cohenmilstein.com or call 202.408.4600.

About the Native American Agriculture Fund

The NAAF is can be reached through Janie Hipp, Executive Director at nativeamericanagriculturefund@gmail.com or 479-313-3339.

FOR IMMEDIATE RELEASE:

Palm Beach, FL – Today, the Human Rights Defense Center (HRDC), the Legal Aid Society of Palm Beach County and the law firm of Cohen Milstein Sellers & Toll, PLLC, filed suit in federal court challenging the Palm Beach County Sheriff’s Office’s practice of placing juvenile offenders in solitary confinement.

The complaint, which seeks class-action status and was filed against Sheriff Ric Bradshaw and other Sheriff’s Office employees, notes that most of the juveniles held in solitary at the Palm Beach County Jail “have not been convicted of any crime,” as they are awaiting trial.

“Children do not abandon their constitutional rights at the jail door, and the solitary confinement policy being enforced at the jail is inflicting serious harm to a vulnerable population unable to fight for themselves,” according to Sabarish Neelakanta, litigation director for HRDC.

Also named as a defendant is the Palm Beach County School Board, which is accused of denying educational services to juvenile offenders held at the jail, “including services needed to address their disabilities,” in violation of the federal Individuals with Disabilities Education Act (IDEA).

The plaintiffs in the case include three juvenile offenders, ages 16 to 17, who have been held in solitary confinement at the Palm Beach County jail for periods ranging from 20 days to more than seven months. Some have disabilities, including ADHD.

A motion for a preliminary injunction, filed contemporaneously with the complaint, seeks a court order enjoining the defendants “from holding children at the Jail in solitary confinement and from routinely denying these incarcerated children educational services, including services needed to address their disabilities.”

The lawsuit notes that juveniles held in solitary are confined to small cells, approximately six-by-12 feet, for 23 to 24 hours a day. “The cell contains a combined toilet and sink, a stainless steel desk and bolted-down stool, a steel bed with a thin mattress, and an overhead fluorescent light. The cell is entered through a large metal door which swings out. The door has two small plexiglass windows … which are scratched to such an extent that they are impossible to see through. The door has a metal panel slot that can only be unlocked from outside of the cell, through which food trays are passed.”

Recreation is provided for one hour, usually three days a week, in a caged basketball court that is “surrounded by concrete walls and metal fencing.” Showers are allowed three times per week.

“These children have no meaningful social interaction, educational access, environmental stimulation, basic human contact, access to music or television, and practically no ability to hear or see outside of their cells,” the complaint states.

With respect to educational services, there is a “complete failure to provide access to basic educational services [which denies] those children with disabilities access to special education supports and services, responsibilities shared by the Sheriff’s Office and the School District.”

The juveniles kept in solitary confinement “may receive, at most, packets of work shoved under a cell door or have brief moments to speak with a teacher standing outside of their locked door,” according to the complaint.

It is widely acknowledged that prolonged placement in solitary confinement can result in serious mental health problems and can exacerbate existing problems.

“Children in solitary confinement have committed suicide, developed psychosis and post- traumatic stress disorders, and have experienced major depression, agitation, suicidal ideation, suicidal intent, self-mutilation, and suicidal behavior,” the lawsuit states. “Without immediate intervention, these children will continue suffering inhumane treatment, physical and psycho-logical harm, and acute and long term mental health issues from the prolonged isolation.”

The American Medical Association, the American Academy of Child and Adolescent Psychiatry, the National Commission on Correctional Health Care, and the National Council of Juvenile and Family Court Judges have all called for the end of solitary confinement for juveniles. The United Nations has found that more than 15 days of solitary constitutes a form of torture.

“Solitary confinement is an archaic practice that has been proven to be ineffective and toxic.  Children are especially susceptible to the harms of solitary confinement. The circumstances of confinement at the Palm Beach County Jail are among the worst in the nation – the children in confinement are denied nearly all human contact, education and mental health treatment – and left in a locked, cement cell from which they are deprived of sight and sound. These conditions can last from months to a year on end. This practice must stop. We cannot continue to treat children in this manner and expect them to successfully return to their homes, communities and schools,” states Melissa Duncan, supervising attorney of the Legal Aid Society of Palm Beach County’s Education Advocacy Project.

“Currently, the public’s attention is focused on the separation of immigrant children from their parents at the border, which is certainly a serious issue,” added HRDC executive director Paul Wright. “But in Palm Beach County, children are not only being separated from their families through incarceration at the county jail, they are being placed in solitary confinement under conditions that violate their rights and constitute a threat to their well-being. The denial of an education is especially egregious since all Florida children are guaranteed the right to a free public education. We have filed suit to halt these human rights abuses.”

“The psychological and physical impact of putting minors in solitary confinement is enormous and can have devastating consequences including post-traumatic stress disorder and suicide,” said Theodore J. Leopold, partner and Co-Chair of the Complex Tort Litigation and Consumer Protection practices at Cohen Milstein. “This lawsuit is the first of its kind in Florida and, by filing it, we hope that our state’s lawmakers finally realize they’re creating a human rights issue. If we want to help our next generation succeed, we need Florida to follow the lead of states like Wisconsin, California, New York and others, and put an end to this cruel policy.”

The suit, which raises claims under federal civil rights statutes, the Americans with Disabilities Act, the Rehabilitation Act and IDEA, seeks injunctive and declaratory relief, damages, “compensatory education for education benefits denied,” and attorneys’ fees and costs.

The case is H.C. v. Bradshaw, filed in the U.S. District Court for the Southern District of Florida, Case No. 9:18cv80810.

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The Human Rights Defense Center, founded in 1990 and based in Lake Worth, Florida, is a non-profit organization dedicated to protecting human rights in U.S. detention facilities. In addition to advocating on behalf prisoners and publishing books and magazines concerning the criminal justice system, HRDC engages in state and federal court litigation on prisoner rights issues, including wrongful death, public records, class actions, and Section 1983 civil rights cases.

Cohen Milstein Sellers & Toll PLLC is recognized as one of the premier law firms in the country handling major, complex plaintiff-side litigation. With more than 90 attorneys, Cohen Milstein has offices in Washington, D.C., Chicago, Ill., New York, N.Y., Palm Beach Gardens, Fla., Philadelphia, Pa., and Raleigh, N.C. For additional information, visit www.cohenmilstein.com or call 877 515-7955.

The Legal Aid Society of Palm Beach County is committed to providing high quality civil legal advice, representation and education to the disadvantaged of Palm Beach County so as to protect their personal safety, enhance their opportunities and living conditions and promote self-sufficiency. Legal Aid’s work helps our clients deal with many of life’s most basic needs: a safe home, enough food to eat, a quality education, and protection against exploitation and discrimination. For additional information, visit www.legalaidpbc.org or call 800-403-9353

For further information, please contact:

Paul Wright, Executive Director
Human Rights Defense Center
(802) 275-8594
pwright@prisonlegalnews.org

Sabarish Neelakanta, General Counsel
Human Rights Defense Center
(561) 360-2523
sneelakanta@humanrightsdefensecenter.org

Melissa Duncan
Supervising Attorney, Education Advocacy Project
Legal Aid Society of Palm Beach County, Inc.
(561) 655-8944, ext. 243
mduncan@legalaidpbc.org

FOR IMMEDIATE RELEASE

Federal judge’s ruling impacts farmers, landowners and business owners in four states

KANSAS CITY, Mo. (March 13, 2018) A federal judge in Washington, D.C. ruled today that the U.S. Army Corps of Engineers bears responsibility for causing recurrent flooding and damaging farms and property in four Midwest states along the Missouri River: Missouri, Iowa, Nebraska and Kansas. The ruling states that the government must compensate farmers, landowners and business owners for the flood damage, which has been estimated to exceed $300 million.

The case, Ideker Farms et al v. United States of America, was brought by 372 plaintiffs comprised of farmers, landowners and business owners, and has been led by Polsinelli in partnership with Cohen Milstein Sellers & Toll.

The mass action lawsuit was originally filed on Mar. 5, 2014 and alleged that the U.S. Army Corps of Engineers’ actions have violated the takings clause of the Fifth Amendment that bars the Government from taking private property without just compensation. Judge Nancy B. Firestone with the United States Court of Federal Claims found in favor of the plaintiffs in five of the six years that the flooding was claimed dating back to 2007, disallowing the flood claims in 2011. The Court found that the Corps’ deprioritized flood control in 2004.

Judge Firestone stated in her Trial Opinion that the evidence established that the Corps’ changes to the river “had the effect of raising the Missouri River’s water surface elevations (“WSEs”) in periods of high flows.” She found that since 2007, the flooding has been among the worst in the history of the river and the Corps’ changes in the management of the river caused or contributed to the flooding. Citing the testimony of plaintiffs’ experts, the Court acknowledged that “recurrent flooding in the Missouri River Basin . . . will continue into the future,” and that increased blocked drainage of farm lands due to higher river levels is a problem.

“As a farmer and landowner who has experienced substantial losses from these floods, I’m extremely pleased with this outcome,” said lead plaintiff Roger Ideker of Ideker Farms in St. Joseph, Mo. “It rightfully recognizes the Government’s responsibility for changing the River and subjecting us to more flooding than ever before.”

Polsinelli Shareholder R. Dan Boulware of the firm’s St. Joseph office served as lead counsel on the case.

“Today is the day the plaintiffs have patiently waited for and have fought for during the past four years.  Although we do not concur with the Court’s conclusions regarding the 2011 flood event, we are very pleased with the Court’s conclusions regarding the Corps changes to the river causing flooding, and we are certainly pleased with an outcome that will provide substantial compensation to plaintiffs living along the river who have suffered significant flood damage and losses throughout the past decade,” said Boulware. “It should now be clear that we have a changed river – one that is flood prone.  We hope the Corps of Engineers will now do the right thing for our clients and that Congress will also act soon to restore flood control to a higher priority as it was during the last century.”

The ruling also addressed the critical shift in the management of the river by the Corps in 2004 to restore its ecosystem and benefit and create habitat for threatened and endangered species. The court found that the notching of dikes and revetments, as well as the reopening of the historic chutes, which allows the river to meander and erode the bank, created potential flood impacts. These changes to the river, coupled with increased reservoir storage and threatened and endangered species releases from the dams during high river stages below the dams, served to cause or contribute to cause flooding in 2007, 2008, 2010, 2013, 2014 and since.

“For nearly a decade, these individuals have suffered not only serious flood damage, but more critically, threats to their fundamental livelihood,” said plaintiffs’ attorney Benjamin Brown, partner and co-chair of the Antitrust Practice Group at Cohen Milstein Sellers & Toll. “Today’s decision reflects what we have been saying since the outset of this litigation – all Americans should share the costs of protecting threatened and endangered species and the entirety of this burden should not be foisted on those who happen to live and work on the river.”

The Ideker Farms, Inc. et al v. United States of America case has two phases. This ruling marks the end of phase one, which began on Mar. 6, 2017, focusing on liability and the cause of the flooding. The trial in the Federal Claims Court began in Kansas City, Mo. before moving to Washington, D.C. It involved 44 plaintiff “bellwether” tracts and more than 90 witness testimonies over the course of the 63-day trial. Closing arguments were held in November and concluded in December. In total, over 100 depositions were taken and in excess of 20 million documents were produced throughout phase one.

The case will next proceed to phase two, where the Court will determine the extent of losses due to the taking.

The plaintiffs are represented by Am Law 100 firm Polsinelli, led by Boulware, who is recognized by his peers as among the top 1 percent of all trial attorneys in the country, Edwin Smith, Seth Wright, Todd Ehlert and Sharon Kennedy. Brown of Cohen Milstein Sellers & Toll, one of the nation’s leading plaintiffs’ firm based in Washington, D.C., also supported plaintiffs in this case.

About Polsinelli

Polsinelli is an Am Law 100 firm with more than 800 attorneys in 20 offices.  Ranked #24 for Client Service Excellence¹ and #10 for best client relationships² among 650 U.S. law firms, Polsinelli was also named among the top 20 best-known firms in the nation³. The firm’s attorneys provide value through practical legal counsel infused with business insight, and focus on health care, financial services, real estate, intellectual property, mid-market corporate, labor and employment, and business litigation.  Polsinelli PC | In California, Polsinelli LLP

¹2018 BTI Client Service A-Team Report

²2017 BTI Industry Power Rankings

³2017 BTI Brand Elite

About Cohen Milstein

Cohen Milstein Sellers & Toll PLLC is recognized as one of the premier law firms in the country handling major, complex plaintiff-side litigation. With more than 90 attorneys, Cohen Milstein has offices in Washington, D.C., Chicago, Ill., New York, N.Y., Palm Beach Gardens, Fla., Philadelphia, Pa., and Raleigh, N.C.  For additional information, call 202.408.4600

FOR IMMEDIATE RELEASE:

Takisha D. Richardson brings vast criminal trial and government experience to
prosecuting perpetrators and helping victims – locally and nationally

PALM BEACH GARDENS, Fla. – Cohen Milstein Sellers & Toll PLLC, a leading national plaintiffs’ law firm, announced today that Takisha D. Richardson has joined the firm as an associate in the Catastrophic Injury & Wrongful Death practice group.

Prior to joining Cohen Milstein, Richardson was an Assistant State Attorney and Chief of the Special Victims Unit of the State Attorney’s office for Palm Beach County. She brings more than a decade of experience both as an attorney and as a supervisor of a team responsible for the prosecution of crimes against children and the elderly, and sexually motivated offenses. Prior to that role, she prosecuted felony cases at all levels and was an Assistant Public Defender.

“Advocating on behalf of my clients is not just a job to me—it’s my life’s work,” said Richardson. “I’m so proud of the work we achieved in the Special Victims Unit but felt that the next step for me was to expand my reach by entering into the civil arena. I’m excited to join Cohen Milstein to win justice for my clients, help protect people from future harm, and educate Floridians and people nationwide about these issues that plague our society.”

Having witnessed the life-altering effects of sexual abuse through the eyes of two close childhood friends, Richardson chose her career path at a young age. It is their experience and her personal connection to them that has and will continue to underscore Richardson’s advocacy for victims of sexual assault and domestic violence, including joining Cohen Milstein’s Sexual Abuse, Sex Trafficking, and Domestic Violence team – a small, but passionate team of plaintiffs’ attorneys who seek justice for and bring a voice to victims of such heinous crimes.

“Every day I’m humbled by how strong my clients are,” said Richardson. “Several years ago, I was given the chance to work with a 13-year-old girl who had stopped speaking after her mother’s boyfriend forced her into sexual intercourse. Watching her find her voice in the court room t0 help sentence this man to 45 years in prison was one of the most inspiring moments I’ve ever witnessed. It made me remember that even the greatest challenges can be overcome. This job isn’t about opening up the files and going to court—but about building trust with your clients so that they become their own advocates, too.”

“We’re thrilled to welcome Takisha to the Florida office,” said Theodore J. Leopold chair of the Catastrophic Injury & Wrongful Death, Managed Care Abuse, and Unsafe & Defective Products practices and co-chair of the Consumer Protection practice at Cohen Milstein. “With her unique experience, insights, and compassion for her clients, she is poised to be a wonderful addition to Cohen Milstein.”

About Cohen Milstein

Cohen Milstein Sellers & Toll PLLC is recognized as one of the premier law firms in the country handling major, complex plaintiff-side litigation. With more than 90 attorneys, Cohen Milstein has offices in Washington, D.C., Chicago, Ill., New York, N.Y., Palm Beach Gardens, Fla., Philadelphia, Pa., and Raleigh, N.C.