FOR IMMEDIATE RELEASE
Press Contact: cohenmilstein@berlinrosen.com
Indonesian Villagers Achieve Settlement from ExxonMobil on Eve of Human Rights Trial and After Two Decades of Litigation
In an August 2022 Decision on the Motion for Summary Judgment, the Court Ruled that the Majority of ExxonMobil’s Arguments were “Entirely Meritless”
WASHINGTON, D.C. – Eleven villagers who alleged that they or their loved ones endured horrific human rights abuses more than twenty years ago have finally secured a settlement from ExxonMobil.
In a case first filed in 2001, the families alleged that ExxonMobil contracted to use Indonesian soldiers to guard its operations in the Aceh province of Indonesia. Instead, the families alleged, those soldiers abused their power for years, inflicting horrific abuses on the villagers and their families, including murder, torture, sexual violence, and kidnapping. Throughout much of this period, ExxonMobil was reporting some of the largest corporate profits in the world.
“Our clients, eleven villagers from rural communities, bravely took on one of the largest and most profitable corporations in the world and stuck with the fight for more than twenty years. We are so pleased that now, on the eve of trial, we were able to secure a measure of justice for them and their families.” said Agnieszka Fryszman, lead counsel for the plaintiffs and chair of Cohen Milstein’s Human Rights practice. “We represented women and children who saw their fathers shot to death, a woman who was forced to jump up and down repeatedly while eight months pregnant and then sexually assaulted, and men who were detained and subjected to electric shocks, burned, and had graffiti scored on their backs with a knife.”
“The resolution of this important case is a victory for the human rights movement and a testament to the bravery of the plaintiffs. It demonstrates why U.S. courts should remain open to human rights victims so they can obtain the justice they deserve,” said Paul Hoffman of Schonbrun Seplow Harris Hoffman & Zeldes, co-counsel for the plaintiffs.
“Twenty years after we first brought this case, I am pleased that the villagers will have some peace. Their dedication and commitment to seeking accountability over two decades is inspiring,” said Terrence Collingsworth, founder and executive director of International Rights Advocates and the attorney who filed this case in 2001.
In August 2022, the Court handed down a powerful opinion denying ExxonMobil’s motion for summary judgment after evaluating the evidence presented by more than a dozen eyewitnesses.
“While nothing will bring back my husband, this victory delivers the justice we have spent two decades fighting for and will be life-changing for me and my family,” said an Indonesian villager who was one of the plaintiffs in this case. “I am glad we did not give up the fight and that our voices were heard.”
The atrocities are alleged to have taken place at or near ExxonMobil’s operations in the Arun field, one of the largest natural gas fields in the world, which has been referred to as “the jewel in the company’s crown.”
The plaintiffs have remained anonymous for the duration of the more than 20-year litigation for their own protection and will remain so, having brought this lawsuit in the face of grave threats to themselves and their fellow villagers.
Agnieszka Fryszman and her small but dedicated Cohen Milstein legal team (including Kit Pierson, Leslie Kroeger, Rob Cobbs, and Nicholas Jacques) led the hard-fought litigation for more than 20 years, handling the discovery, trial court briefing, appellate briefing, appeals court argument and Supreme Court practice, against a formidable, deep-pocketed defense. They were joined by co-counsel Paul Hoffman of Schonbrun Seplow Harris Hoffman & Zeldes, Anthony DiCaprio of DiCaprio ADR, and Terrence Collingsworth, founder and executive director of International Rights Advocates.
Indeed, before the August 2022 summary judgment, this case had seen two trips to the D.C. Circuit Court of Appeals (decided January 2007 and July 2011) and one to the Supreme Court. Agnieszka Fryszman argued and won both appeals. In June 2008, the US Supreme Court declined Exxon’s petition for certiorari.
###
Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and often precedent-setting litigation, including cross-border Human Rights litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Washington, DC, Boston, MA, Chicago, IL, Minneapolis, MN, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, and Raleigh, NC. For additional information, please call (202) 408-4600.
Schonbrun Seplow Harris Hoffman & Zeldes is a private Southern California public interest firm specializing in civil and human rights cases.
International Rights Advocates (IR Advocates) is a leader in taking action to address human rights issues across the world through strategic litigation, training, research, policy and advocacy and coalition building. The vast majority of IR Advocates’ interventions begin with a local trade union or human rights organization’s request to assess the critical issues they are facing and what they want to achieve. They bring leading experts to engage with local partners to identify and research human rights violations, interview witnesses, and gather evidence. In this process, IR Advocates trains its partners and explores how to leverage and improve local legal systems and policy to better protect those whose human rights have been violated.
MAY 3, 2023
FOR IMMEDIATE RELEASE
Press Contact: cohenmilstein@berlinrosen.com
THREE COHEN MILSTEIN ATTORNEYS SELECTED FOR LAW360 EDITORIAL ADVISORY BOARDS
Legal Insights Sought in Areas of Benefits, Competition, and Wage & Hour
Washington D.C. – Cohen Milstein, one of the nation’s leading plaintiff-side law firms, has announced that three partners have been selected to serve on Law360 editorial advisory boards for its Benefits, Competition, and Wage & Hour sections.
Benefits: Law360 appointed Michelle C. Yau, chair of Cohen Milstein’s Employee Benefits/ERISA practice. This is the second year in a row that Ms. Yau has had the privilege of participating on Law360’s Benefits editorial advisory board. A 2021 Law360 MVP in Benefits law, Ms. Yau represents the interests of employees, retirees, plan participants and beneficiaries in ERISA class actions involving complex financial transactions or novel actuarial issues. Ms. Yau has litigated some of the most significant ERISA lawsuits in U.S. history.
Competition: Law360 appointed Daniel McCuaig, a partner in Cohen Milstein’s Antitrust practice. A former U.S. Department of Justice Antitrust Division trial attorney, Dan has led the investigation and litigation teams into some of the government’s largest criminal and civil matters involving price fixing, bid rigging, and anticompetitive mergers in the past decade. Highly respected by the industry, Dan is noted for his thought leadership and frequently speaks on emerging antitrust issues.
Wage & Hour: Law360 appointed Christine E. Webber, co-chair of Cohen Milstein’s Civil Rights & Employment practice. This is the fourth year in a row, Ms. Webber has had the honor of holding an editorial advisory role on a Law360 board. A nationally acclaimed employment and civil rights litigator, Christine is one of the country’s leading voices on employment discrimination, pay equity, and wage and hour class and collective actions. She is also a recognized thought leader on inherent bias in artificial intelligence (AI) tools. Christine is the co-chair of the National Employment Lawyers’ Association’s Class Action Committee, a position she has held since 1999.
The purpose of these editorial advisory boards is to help Law360 identify legal trends, offer feedback on news coverage, and provide reporters with a pool of expert sources.
About Cohen Milstein
Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and often precedent-setting litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Washington, DC, Chicago, IL, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, Raleigh, NC, Boston, MA and Minneapolis, MN. For more information, call 202.408.4600.
FOR IMMEDIATE RELEASE
Press Contact: cohenmilstein@berlinrosen.com
Victims Allege American Tactical, Inc. Unlawfully Marketed the High Capacity Magazine Used in the FedEx Mass Shooting That Killed Eight
ROCHESTER, NEW YORK (April 13, 2023) – Today, victims and families of victims of the 2021 Indianapolis FedEx mass shooting filed a lawsuit against American Tactical, Inc., the distributor of the high capacity magazine (HCM) used in the mass shooting, where thirteen people were shot, eight fatally. American Tactical, Inc. President Tony DiChario and Marketing Director Joe Calabro, along with the magazine manufacturer Schmeisser GmbH, were also named in the lawsuit.
As the exclusive importer of Schmeisser magazines, the complaint alleges, American Tactical, Inc. marketed, distributed, and sold the high capacity magazine used by the gunman in the FedEx mass shooting. Despite knowing that mass killers are attracted to high capacity magazines to carry out mass shootings, American Tactical, Inc. deliberately marketed and sold the 60-round magazine used in the attack.
“American Tactical, Inc.’s high capacity magazine used in the FedEx mass shooting had 60 rounds, two to three times the killing capacity of standard magazines,” said Leslie Mitchell Kroeger, Partner at Cohen Milstein Sellers & Toll. “American Tactical, Inc. sold these high capacity magazines without a single safeguard, screening or limit in place, despite knowing that they are unreasonably dangerous to sell to the civilian public. It is clear that the Defendants put profits from high capacity magazines ahead of people, which came at the grave expense of the victims and victims’ families of the FedEx mass shooting.”
Despite a clear duty to take every reasonable step to minimize the likelihood of an unlawful act of violence, the lawsuit contends, American Tactical, Inc. failed to implement any protocols or safeguards to prevent dangerous individuals, like the FedEx shooter, from acquiring the HCM. Additionally, when American Tactical, Inc. and the other Defendants marketed the HCM, they knew or should have known of the existence of a category of consumers containing individuals like the shooter, who would be attracted to such a weapon accessory and could pose a tremendous risk to the safety of others.
“American Tactical, Inc. is well aware that these magazines are instruments of mass killing and have no problem marketing them directly to people with horrific intentions,” said Gurinder Singh Bains, son of Jaswinder Singh who died in the FedEx shooting and a plaintiff in the case. “This isn’t a hypothetical. My father is gone because they didn’t care they were enabling mass shooters. They have to be held accountable not just for my father’s sake but everyone who may still suffer what my family and I have been forced to go through.”
Rather than recognize the clear risk of marketing HCMS, American Tactical, Inc. published several marketing videos in the style of violent video games and action movies, featuring men wearing tactical vests. Notably, during the mass shooting, the gunman wore a tactical vest nearly identical to the gear used in American Tactical, Inc.’s video advertisement.
“Gun manufacturers and distributors know that high capacity magazines are favored by mass shooters due to their ability to kill as many people as possible, therefore American Tactical should have enacted reasonable safeguards to prevent such magazines from falling into the hands of those who should not have them. They failed to do so, and these families are paying that price,” said Kris Brown, president of the Brady Center to Prevent Gun Violence.
“High-capacity magazines have no business in civilian hands,” said Philip Bangle, Senior Litigation Counsel at the Brady Center. “If you decide to sell such highly lethal products to the general public anyway, you need to be very careful about who you’re selling them to. As we allege in our complaint, Defendants here have instead taken a hard turn and specifically marketed their highly lethal products to a dangerous class of individuals.”
The Plaintiffs are represented by Leslie Mitchell Kroeger of Cohen Milstein Sellers & Toll, along with Philip Bangle at the Brady Center to Prevent Gun Violence.
###
About Cohen Milstein Sellers & Toll
Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and precedent-setting litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Washington, DC, Chicago, IL, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, Raleigh, NC, Boston, MA and Minneapolis, MN.
About Brady Center to Prevent Gun Violence
Brady legal has represented victims of the gun industry for over 30 years and has won millions in settlements and verdicts brought by Brady for victims and survivors of gun violence. Brady has also won landmark presidents holding that gun companies can be held legally responsible for damages caused by their irresponsible business practices and has forced gun dealers and manufacturers to reform their business practices.
Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.
FOR IMMEDIATE RELEASE
Press Contact: cohenmilstein@berlinrosen.com
Class Action Suit Brought Against City of Miramar and Private Engineering Firms for Failure to Properly Treat Water Resulting in Massive Property Damages
Residents of Miramar, Florida claim that the City neglected to correctly treat their water, ultimately corroding their pipes, leading to devastating financial consequences for homeowners.
MIRAMAR, FLORIDA – Residents of Miramar, Florida have filed a class action suit against the City of Miramar related to water contamination resulting in massive property damage. They claim that, due to the negligence of the City and the malpractice of its professional engineering consultants, their water supply has not been properly treated and has caused irreversible and costly damage to copper piping systems in their properties.
“The City of Miramar has abandoned its residents at every step of this process,” said lead counsel Leslie Kroeger, partner at Cohen Milstein Sellers & Toll. “This situation could have been avoided, but the City along with professional engineering companies allowed improperly treated water to corrode the pipes of homeowners across Miramar, exacting a huge financial toll on many residents. The negligence by both the City of Miramar and the professional engineering companies has caused massive property damage. We look forward to fighting hard to bring about justice to the homeowners who have been so terribly harmed.”
Despite continuous complaints from its residents, the City failed to take necessary action, ultimately causing severe harm to the copper water pipes of multiple homes in Miramar. Pursuant to site investigations and lab evaluations, small pitting holes were found in the piping of each plaintiff’s place of residence. It was determined that this pitting was caused by finished water from Miramar’s West Water Treatment Plant, which uses nanofiltration and reverse osmosis processes to clean the City’s water. The City failed, as part of its treatment process, to add back to the water the minerals necessary to prevent damage to copper piping before it dispensed the water to its residents.
Many Miramar residents have been forced to entirely re-pipe their homes. Rather than accept responsibility, the City advised individuals to replace water pipes at their own expense or take out a loan from the City itself.
The City of Miramar contracted Kimley-Horn, Inc. and Applied Technical Services, Inc. as consultants to help address the water crisis. Both companies failed to instruct the City how to properly treat the water in order to avoid damaging the copper piping of its residents. Accordingly, both companies are facing counts of professional malpractice and negligence in the suit.
The Class Action Complaint has been filed on behalf of the plaintiffs, who are represented by Leslie Kroeger of the national plaintiff firm Cohen Milstein Sellers & Toll and Corey Friedman of Romano Law Group.
If you believe your home was damaged due to the negligence of the City of Miramar and the malpractice of its consultants, please call us at 561-515-1400 or complete the contact form.
About Cohen Milstein Sellers & Toll, PLLC
Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and precedent-setting litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Washington, DC, Chicago, IL, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, Raleigh, NC, Boston, MA and Minneapolis, MN. For additional information, please visit https://www.cohenmilstein.com or call (561) 515-1400.
About Romano Law Group
Romano Law Group is a leading personal injury law firm located in West Palm Beach that provides expert legal representation on a local and national level. For additional information, please visit https://www.romanolawgroup.com or call (561) 468-6493.
Plaintiffs in 26 States Claim General Motors Was Aware of Transmission Defect That Poses Safety Risk to Drivers and Passengers
More than 800,000 Owners of 8-Speed Automatic Transmission Cars Manufactured Between 2015 and March 1, 2019 Are Covered by Certified Classes
DETROIT, Mich. – United States District Judge, for the Eastern District of Michigan, David M. Lawson, granted class certification today to plaintiffs in a massive class action lawsuit across 26 states against General Motors (GM) that alleges the car manufacturer violated state consumer protection statutes by knowingly putting cars with faulty transmissions on the road, endangering drivers, passengers, and pedestrians.
The class is composed of owners of General Motors vehicles with one of two models of eight-speed automatic transmissions, the GM 8L90 or 8L45, which were manufactured between 2015 and March 1, 2019. Plaintiffs claim that while attempting to accelerate or decelerate their cars they may feel a hesitation, lurch, lunge, or other type of “harsh shift.” Some drivers reported the gear shifting as so violent that it feels as if they were hit by another vehicle. Internal company documents obtained in litigation show that even GM had determined the “startling effect” of the harsh shifts can create a safety issue. The vehicles also suffer from a second transmission defect, a shaking or “shudder” while traveling at highway speeds.
“General Motors knowingly sold over 800,000 8-speed transmission vehicles which they knew to be defective for years, and yet made the business decision not to tell its customers before purchase. Dealers were directed to tell the customers that harsh shifts were ‘normal or ‘characteristic.’ Such decision making is both highly irresponsible and emblematic of what GM believes it can get away with. We are very pleased that Judge Lawson’s order is another step closer to bringing justice to the hundreds of thousands of GM customers who were harmed by GMs misconduct”, said Ted Leopold, partner at Cohen Milstein and court-appointed Lead Counsel for the class. “As our lawsuit continues, now certified as a class action, we look forward to demonstrating that General Motors knew before the first car left GMs manufacturing facilities that their 8-speed transmissions were defective yet continuously made the business decision to still sell their cars knowing full well of the vehicle defects and safety concerns.”
In fact, GM contends that the question of what it “concealed” to customers cannot be resolved on a class-wide basis because “public knowledge about the defect varied throughout the relevant class period.” However, in the class certification order Judge Lawson observed that GM’s argument was “disingenuous considering the defendant’s recent efforts to conceal from public disclosure vast portions of the record offered by the plaintiffs to show the existence of the defect and the defendant’s historical knowledge of the same.”
The states certified include Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Washington, and Wisconsin.
A second action regarding GM vehicles with 8L transmissions is also underway in Battle v. General Motors, LLC, 2:22-cv-108783. That case features 8L vehicles with harsh shifts made after March 1, 2019 (MY19 to MY22), when GM replaced the automatic transmission fluid that caused the shudder problem.
The plaintiffs are also represented by Theodore J. Leopold, Doug McNamara and Karina Puttieva, of Cohen Milstein Sellers & Toll, Russell D. Paul of Berger Montague PC, Melissa L. Troutner of Kessler Topaz Meltzer & Check LLP, Tarek Zohdy of Capstone Law APC, E. Powell Miller of The Miller Law Firm, Steven Calamusa of Gordon & Partners PA and Gretchen Freeman Cappio of Keller Rohrback L.L. P.
###
About Cohen Milstein Sellers & Toll, PLLC
Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and often precedent-setting litigation, including consumer protection and product liability litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Boston, MA, Chicago, IL, Minneapolis, MN, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, Raleigh, NC, Washington, DC. For additional information please call (202) 408-4600.
FOR IMMEDIATE RELEASE:
Media Contact: cohenmilstein@berlinrosen.com
WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC, one of the nation’s leading plaintiffs’ law firms, has announced its expansion into Massachusetts and Minnesota with the opening of offices in Boston and Minneapolis. This expansion allows the firm to further serve client needs across practices and act as local counsel in both states.
Cohen Milstein’s Boston office opens with the following in residence: Daniel H. Silverman, a partner in the Antitrust practice who prosecutes class actions on behalf of consumers, small businesses, and employees; Donna M. Evans, of counsel in the Antitrust practice, who has tried numerous cases to verdict, including obtaining, as part of a trial team, one of the largest plaintiff jury verdicts in Massachusetts Superior Court; and Richard E. Lorant , director of institutional client relations in the Securities & Investor Protection practice, who keeps clients apprised of legal and regulatory developments that may impact their funds and fund management.
The Minneapolis team includes experienced lawyers who have focused their careers on bringing justice to employees through ERISA class actions: partner Mary J. Bortscheller, an experienced litigator, who in addition to ERISA, has experience in antitrust and consumer protection class actions; Kai Richter, of counsel, who brings extensive trial and appellate experience in ERISA class action litigation in federal courts across the country; and Jacob Schutz, associates who represent the interests of employees, retirees, plan participants and beneficiaries in ERISA class-action lawsuits.
“This is an exciting time at Cohen Milstein as we expand our footprint and identify new opportunities for growth,” said Steven J. Toll, Cohen Milstein’s managing partner. “Establishing these new offices is in direct response to demand for our expertise and strengthens our ability to fight for justice in jurisdictions across the country.”
About Cohen Milstein Sellers & Toll PLLC
Cohen Milstein Sellers & Toll PLLC is a national leader in plaintiff-side class action litigation. One of the premier law firms in the country handling major complex lawsuits, Cohen Milstein has more than 100 attorneys in offices in Boston, Chicago, Minneapolis, New York, Palm Beach Gardens, Philadelphia, Raleigh, and Washington, DC.
FOR IMMEDIATE RELEASE
Media Contact: cohenmilstein@berlinrosen.com
WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC, one of the nation’s leading plaintiffs’ law firms, has named Christopher J. Bateman, Molly J. Bowen, Brian Corman, Alison Deich, and Eric A. Kafka as the firm’s newest partners, effective January 1, 2023.
Christopher J. Bateman, a member of the Antitrust practice, is largely focused on antitrust schemes in the financial markets and is currently engaged in litigation against dozens of Wall Street banks alleging they colluded to manipulate and prevent the modernization of several of the largest financial markets in the world. This includes the $1.7 trillion stock lending market and the Interest Rate Swaps market – both critical to a strong global economy.
Prior to joining Cohen Milstein, Mr. Bateman was a law clerk for the Honorable Naomi Reice Buchwald of the United States District Court for the Southern District of New York.
Mr. Bateman received his B.A., cum laude, from Dartmouth College in 2005. He received his J.D., cum laude, from Harvard Law School in 2014, where he was an Article Selection Editor for the Harvard Civil Rights-Civil Liberties Law Review.
Molly J. Bowen, a member of the Securities Litigation & Investor Protection practice, played an instrumental role in high-profile shareholder derivative actions against the boards of directors at Alphabet and Pinterest, resulting in historic settlements involving corporate governance reforms and financial commitments to diversity, equity, and inclusion initiatives to address claims of systemic discrimination. Ms. Bowen is presently involved in litigation against Wells Fargo and its violation of federal consent orders following widespread consumer fraud scandals.
Prior to pursuing private practice, Ms. Bowen was a law clerk to the Honorable Karen Nelson Moore of the United States Court of Appeals for the Sixth Circuit.
Ms. Bowen received her B.A., magna cum laude from Macalester College in 2007. She received her J.D., summa cum laude, graduating first in her class, from Washington University School of Law in 2013, where she served as the Articles Editor for the Washington University Law Review.
Brian Corman, a member of the Civil Rights & Employment practice, helps spearhead the firm’s fair housing litigation efforts, representing fair housing organizations, tenant unions, and those who have been unlawfully denied housing or otherwise discriminated against. He also focuses on employment and wage and hour class actions.
Following law school, Mr. Corman clerked for the Honorable Harry Pregerson of the Ninth Circuit Court of Appeals. He was then a District of Columbia Bar Association Pro Bono Fellow at the Lawyers’ Committee for Civil Rights Under Law.
Mr. Corman received his B.A., summa cum laude, from Columbia University in 2010. Mr. Corman received J.D. from the University of California, Berkeley, School of Law in 2013, where he was an editor of the California Law Review.
Alison Deich, a member of the Antitrust practice, is engaged in several class actions against some of the largest poultry producers in the United States for their alleged collusion in wage suppression and price fixing. Ms. Deich also plays a principal role in Thompson v. Trump (D.D.C.) which addresses former President Trump’s immunity claims regarding his role in the January 6th insurrection.
Prior to joining Cohen Milstein, Ms. Deich clerked for the Honorable Cornelia Pillard of the United States Court of Appeals for the D.C. Circuit. She also clerked for the Honorable Katherine Polk Failla of the United States District Court for the Southern District of New York, as well as the Honorable Goodwin Liu of the California Supreme Court.
Ms. Deich received her B.A., with highest distinction, from the University of Virginia in 2010. Ms. Deich received her J.D., magna cum laude, from Harvard Law School in 2014.
Eric A. Kafka, a member of the Consumer Protection practice, represents plaintiffs in false advertising, data breach, privacy, and product liability class actions. He has a principal role in several high-profile unfair business practices class actions against Facebook involving its alleged inflation of advertising metrics, which are influential to customer purchasing decisions. Mr. Kafka is also leading a false advertising class action against Reckitt Benckiser related to its Woolite laundry detergent products.
Mr. Kafka received his B.A. from Yale University in 2008 and his J.D. from Columbia Law School in 2014.
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, New York; Philadelphia, PA; Palm Beach Gardens, FL; and Raleigh, NC. For more information about the firm, visit cohenmilstein.com or call (202) 408-4600.
FOR IMMEDIATE RELEASE
Press Contact:
Tess Roy, cohenmilstein@berlinrosen.com, 561-596-6443
Trading data shows that seven preeminent market makers engaged in market manipulation via spoofing to drive down Northwest Biotherapeutics’ stock prices as the company worked to raise funds to bring breakthrough cancer treatments to market
NEW YORK, NY – Today, Northwest Biotherapeutics (OTCQB: NWBO) filed a lawsuit against some of the largest and most influential market makers in the world, including Citadel Securities LLC, Canaccord Genuity LLC, G1 Execution Services LLC (a subsidiary of Susquehanna International Group), GTS Securities LLC, Virtu Americas LLC (including Knight Securities), Instinet LLC, and Score Priority Corp, alleging repeated manipulation of the company’s stock over five years.
Northwest Biotherapeutics, a clinical stage biotechnology company focused on the development of DCVax® personalized cancer vaccines, is alleging that these market makers have been engaging in a deceptive market manipulation tactic known as spoofing, which involves placing huge quantities of sell orders to fool the market into devaluing the company’s stock so the market makers can buy at a lower price. The market makers then immediately cancel the sell orders so they can reap profits, in this case to the dismay of current and future cancer patients, as well as at the expense of Northwest Biotherapeutics and its investors. This alleged illegal trading behavior has made it significantly more difficult for the company to raise the funds necessary to bring their cancer treatment to market, where the company believes it has the potential to extend the lives of thousands of patients.
“It’s already underhanded to engage in market manipulation, but to do so at the expense of cancer patients, some of whom have no other treatments to place their hopes on, is unconscionable,” said Laura Posner, Partner at Cohen Milstein Sellers & Toll PLLC. “We’re looking forward to holding these market makers responsible for the harm they have caused, and bringing critical and necessary transparency to these markets.”
Based on the detailed data presented in the complaint, one of the most egregious examples of this behavior occurred on May 10, 2022, at the very moment the topline breakthrough results of the Phase 3 clinical trial of DCVax-L to treat glioblastoma, the most common and aggressive form of brain cancer, were being announced at the prestigious New York Academy of Sciences medical conference. Despite the presentation of significant positive data, the company alleges that during and after the announcement the defendants engaged in extensive spates of spoofing, forcing the company’s stock price down. In a market free from manipulation, the market response should have been strongly positive, not dramatically negative, in response to the positive news. Instead, the result was a $1.6 billion loss in market cap, with the share price dropping from the $2.05 high on May 9 to a low of 36.4 cents on May 10, 2022—a staggering decline of 82%.
Earlier this month, Northwest Biotherapeutics announced the results of this innovative clinical trial for DCVax-L in the prestigious JAMA Oncology journal in a peer reviewed article authored by over 70 brain surgeons and oncologists. The trial results showed that the vaccine was associated with a statistically significant and clinically meaningful life extension for the first time in many years in both newly diagnosed and recurrent glioblastoma, with the potential to more than double 5-year survival, and with almost no serious adverse event side effects. The company believes that this breakthrough vaccine technology may also pave the way for treatments in patients suffering from multiple types of solid tumor cancers.
The spoofing episodes against the company are alleged to have taken place repeatedly over a nearly five-year stretch, sometimes multiple times a day. Northwest Biotherapeutics alleges that it sold over 49 million shares at manipulated and devalued prices as a result of the market makers’ actions. The company believes that the market makers directly impacted the price of Northwest Biotherapeutics’ shares in the market by repeatedly and brazenly manipulating the market through their spoofing, causing Northwest Biotherapeutics to suffer significant losses as it sold millions of shares at artificially depressed prices and was slowed in bringing its encouraging drugs to market.
Northwest Biotherapeutics is represented by national law firm Cohen Milstein Sellers & Toll PLLC.
###
About Northwest Biotherapeutics
Northwest Biotherapeutics, Inc is a clinical-stage biotechnology company specializing in developing cutting-edge cancer vaccines that are designed to treat a wide range of solid tumor cancers more effectively than the current treatments on the market and without the side effects of chemotherapy. The company has a broad platform technology for DCVax® dendritic cell-based vaccines, including DCVax®-L for operable tumors and DCVax®-Direct for inoperable tumors. The company’s proprietary manufacturing technology allows efficient and cost-effective production of these innovative vaccines, with the full set of multi-year doses produced in one manufacturing batch and then stored frozen in single doses, making the treatment “off the shelf” throughout the treatment regimen while also being fully personalized.
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.
Disclaimer
Statements made in this news release that are not historical facts, including statements concerning future treatment of patients using DCVax and future clinical trials, are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “expect,” “believe,” “intend,” “design,” “plan,” “continue,” “may,” “will,” “anticipate,” and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. We cannot guarantee that we actually will achieve the plans, intentions or expectations disclosed in our forward-looking statements and you should not place undue reliance on our forward-looking statements. Actual results may differ materially from those projected in any forward-looking statement. Specifically, there are a number of important factors that could cause actual results to differ materially from those anticipated, such as risks related to the Company’s ability to achieve timely performance of third parties, risks related to whether the Company’s products will demonstrate safety and efficacy, risks related to the Company’s ongoing ability to raise additional capital, and other risks included in the Company’s Securities and Exchange Commission (“SEC”) filings. Additional information on the foregoing risk factors and other factors, including Risk Factors, which could affect the Company’s results, is included in its SEC filings. Finally, there may be other factors not mentioned above or included in the Company’s SEC filings that may cause actual results to differ materially from those projected in any forward-looking statement. The Company assumes no obligation to update any forward-looking statements as a result of new information, future events or developments, except as required by securities laws.
WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC is investigating Compass Minerals International, Inc. (NYSE: CMP) (“Compass Minerals” or the “Company”) following the filing of a class action lawsuit alleging violations of the federal securities law.
If you purchased Compass Minerals shares between October 31, 2017 and November 18, 2018 (the “Class Period”) and suffered a financial loss, you may wish to contact Cohen Milstein Partner Steven J. Toll at (202) 408-4600 or stoll@cohenmilstein.com to discuss your legal rights and options.
To serve as lead plaintiff, you must file a motion with the court by December 20, 2022. You are not required to file a lead plaintiff motion to take part in the litigation as an absent class member.
A class action lawsuit alleging violations of the Securities Exchange Act of 1934 by Compass Minerals and three of its former officers and directors (“defendants”) was filed October 21, 2022 in the U.S. District Court for the District of Kansas.
According to the Complaint, Compass Minerals mines and produces essential minerals, including salt for winter roadway safety and other consumer, industrial, and agricultural uses (its Salt segment), and specialty plant nutrition minerals that improve the quality and yield of crops (its Plant Nutrition North America and Plant Nutrition South America segments). The Salt segment represented approximately 60% of the Company’s consolidated revenues during the Class Period.
Within its Salt segment, the Company operates the world’s largest underground rock salt mine, located in Goderich, Ontario, Canada. Routinely hailed by the Company as its “crown jewel,” Goderich was responsible for about one-third of earnings during the Class Period. Before the start of the Class Period, defendants announced the Company would invest in technology to upgrade Goderich from a drilling-and-blasting system to a continuous mining and continuous hauling (“CMCH”) system, primarily to lower operating costs and increase profitability. Defendants forecast at the time that after a $70-80 million investment, the CMCH system would save the Company roughly 23% per unit at Goderich, or $30 million a year, starting in 2018.
During the Class Period, defendants repeatedly said the CMCH upgrade was on track to reduce costs and improve operating results in 2018. According to the Complaint, defendants’ statements were false and/or misleading because they failed to tell investors that costs at the mine were increasing, not decreasing. Defendants also allegedly overstated the amount of salt Goderich could produce using the CMCH system and failed to disclose how known and ongoing production shortfalls could reasonably be expected to reduce the Company’s future operating income.
On October 23, 2018, Compass Minerals pre-announced third quarter 2018 financial results significantly below expectations and lowered its outlook for the rest of the year. On this news, the price of the Company’s stock fell more than 30% over the next two days. Before markets opened on November 19, 2018, the Company announced that its CEO was leaving. The price of Compass Minerals’ stock lost 8% of its value over the next three days.
Investors didn’t learn the extent of defendants’ misrepresentations until September 22, 2022, when the U.S. Securities and Exchange (“SEC”) announced that it had ordered Compass Minerals to pay $12 million to settle charges that it had misled investors about the CMCH upgrade, among other things. In its announcement, the SEC said that the Company misleadingly “failed to tell investors that costs at the mine were increasing rather than decreasing, which substantially undermined the projected savings” and “misled investors by overstating the amount of salt it was able to produce at Goderich.”
Cohen Milstein encourages investors who purchased or otherwise acquired Compass Minerals’ shares or options from October 31, 2017 through November 18, 2018, or former employees with information about this matter, to contact us prior to the December 20, 2022 lead plaintiff deadline.
A lead plaintiff is a representative party acting on behalf of other class members in directing the litigation. Your share in any recovery will not be enhanced or diminished by whether you decide to serve as a lead plaintiff. Any member of the proposed class may retain Cohen Milstein or other attorneys to serve as your counsel in this action or may do nothing and remain an absent class member.
Cohen Milstein has significant experience representing investors in securities class actions, having acted as lead counsel in hundreds of cases and recovered billions of dollars for plaintiffs since 1969. With more than 100 attorneys in offices in Washington, D.C., New York City, Chicago, Philadelphia, Palm Beach Gardens, Fla., and Raleigh, N.C., the firm is active in major litigation pending in federal and state courts throughout the nation.
If you have questions about this notice, the action, or your rights, please contact the following:
Steven J. Toll, Esq.
Cohen Milstein Sellers & Toll PLLC
1100 New York Avenue, N.W.
Fifth Floor
Washington, D.C. 20005
Telephone: (888) 240-0775 or (202) 408-4600
Email: stoll@cohenmilstein.com
Prior results do not guarantee a similar outcome. This may be considered Attorney Advertising.
# # #
Attack Victims of Pres. Erdoğan’s Security Detail Will Have Their Day in Court
WASHINGTON DC – Today, the United States Supreme Court declined to hear the Republic of Turkey’s petition to review the unanimous July 27, 2021 opinion of the United States Court of Appeals for the District of Columbia Circuit, which upheld the district court’s 2020 ruling denying Turkey’s bid for immunity for the vicious attack by its security personnel on peaceful protestors May 16, 2017 at Sheridan Circle in Washington D.C.
Turkey’s immunity arguments have now failed at every level of the U.S. court system.
On May 16, 2017, demonstrators were peacefully expressing opposition to human rights abuses by the Republic of Turkey against the Kurds, an ethnic minority facing persecution in that country, when Turkish security officials, several of whom were members of President Erdoğan’s personal security detail, pushed past U.S. law enforcement officers to attack and silence the demonstrators, repeatedly punching and kicking defenseless people. One woman was beaten so severely she lost consciousness and had a seizure. The attack was captured on video and widely covered by The New York Times, The Washington Post, and other national and international news and media outlets.
The lawsuit, Kasim Kurd, et al. v. The Republic of Turkey (D.D.C.) sought to hold Turkey accountable for this outrageous violation of United States, District of Colombia, and international law. At the Supreme Court, the case was consolidated with Usoyan v. The Republic of Turkey. Both cases were represented by Allison Zieve of Public Citizen at the Supreme Court stage.
On January 25, 2021, Agnieszka Fryszman, counsel for Plaintiffs at Cohen Milstein, argued the case to a three-judge panel at the D.C. Circuit Court of Appeals, which later unanimously agreed with the District Court that Turkey was not entitled to foreign sovereign immunity for its attack on the protestors. The United States Government submitted a brief in September recommending that certiorari be denied. In addition to Cohen Milstein, the plaintiffs are represented by Michael Tigar, Professor Emeritus of American University Washington College of Law, and Mark Sullivan and Joshua Colangelo-Bryan of Dorsey & Whitney LLP.
About Cohen Milstein Sellers & Toll, PLLC
Cohen Milstein Sellers & Toll PLLC is a premier U.S. plaintiffs’ law firm, handling high-profile and often precedent-setting litigation, including cross-border Human Rights litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Washington, DC, Chicago, IL, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, and Raleigh, NC. For additional information, please visit www.cohenmilstein.com or call (202) 408-4600.