FOR IMMEDIATE RELEASE
Los Angeles County filed a lawsuit yesterday against food delivery company Grubhub alleging false and deceptive advertising, misrepresentation and unfair business practices that financially harm consumers, delivery drivers and restaurants.
“This lawsuit sends a clear message: Los Angeles County will not tolerate businesses that deceive consumers, take advantage of restaurants, and exploit the drivers who work hard to provide a valued service,” said Los Angeles County Board Chair Lindsey P. Horvath. “Our County Counsel and Department of Consumer and Business Affairs are standing up for consumers and businesses by fighting these unfair practices.”
The lawsuit alleges that Grubhub engages in the following unfair and deceptive business practices and seeks statewide relief to stop these violations:
Harm to Consumers
- Deceptively advertises that consumers can place delivery orders online “for free” but then charges consumers fees on those orders at check-out.
- Uses bait-and-switch tactics to lure consumers with a flat, unqualified price for delivery upfront while adding deceptively labeled “service,” “small order” and “driver benefits” fees at checkout. In some cases, the costs of the fees exceed the cost of the food item ordered.
- Misrepresents restaurant search results on its apps and websites, telling consumers that the search results are based on relevance to the consumer’s query (e.g., “Chinese food near me”), when in fact, the results and rankings are based in part on how much restaurants have paid Grubhub for placement.
Harm to Drivers
Grubhub misrepresents the qualities, characteristics and scope of the “Driver Benefits Fee,” which Grubhub charges consumers in connection with Proposition 22. Grubhub deceptively implies that the fee provides healthcare benefits to drivers and that consumers no longer need to tip their drivers because “they don’t have to depend on tips.”
Harm to Restaurants
Grubhub deceptively and unilaterally charges restaurants for customer refunds, which Grubhub issues without restaurants’ consent, and without verifying whether the customer or the restaurant was responsible.
“The deceptive and excessive fees charged by Grubhub at checkout blatantly undermine our goal of promoting a fair marketplace where businesses, employees and consumers can thrive,” said Rafael Carbajal, Director of the LA County Department of Consumer and Business Affairs. “These practices inflict financial harm on LA County’s residents, restaurants and workers and are unacceptable while so many of them struggle to make ends meet.”
Consumers, drivers and restaurants who believe they have been harmed by Grubhub’s actions are invited to share their experiences with DCBA by emailing: info@dcba.lacounty.gov, filing online at https://iddweb.isd.lacounty.gov/dca_ecomplaint/ or calling 800-593-8222.
The lawsuit, filed by County Counsel Dawyn R. Harrison on behalf of the people of the State of California in response to complaints from consumers and restaurant owners, seeks injunctive relief to stop the unfair and deceptive business practices, and civil penalties. County Counsel’s Affirmative Litigation and Consumer Protection Division has retained the law firm of Cohen Milstein Sellers & Toll PLLC to assist on this case.
“Our lawsuit seeks to hold Grubhub accountable for their unfair and deceptive business practices that deceive and overcharge consumers, exploit drivers, and unfairly short-change restaurants on order refunds,” Harrison said. “My office is committed to protecting County workers and residents and holding businesses accountable for violations of consumer and worker protection laws.”
The lawsuit was filed in Los Angeles Superior Court, and a copy of the complaint is available here: LA County Grubhub Complaint-Redacted.pdf.
Contact: Scott Kuhn, Assistant County Counsel, skuhn@counsel.lacounty.gov or 323-719-9606.
For more information on County Counsel’s Affirmative Litigation and Consumer Protection Division, please visit: https://counsel.lacounty.gov/alcp/.
FOR IMMEDIATE RELEASE
Contact: cohenmilstein@berlinrosen.com
D.C. Civil Rights Powerhouse Sues Northwest D.C. Apartment Complexes for Tenant Screening Discrimination
Investigations Revealed That Logan Circle & McLean Gardens Neighborhood Apartments Discriminated Against Voucher Holders, 95% of Whom Are Black Residents
Washington, D.C. – The Equal Rights Center (ERC) has alleged that two upscale D.C. apartment complexes, Latrobe Apartment Homes in Logan Circle and Vaughan Place in McLean Gardens, discriminated against potential tenants using vouchers. The lawsuit, filed today in D.C. Superior Court, also alleges that Air Communities, the owner and manager of the complexes, created unlawful barriers for applicants who have criminal records more than 7 years old and evictions more than 3 years old.
The ERC claims that applicants with government-issued vouchers face unfair and unlawful requirements, including meeting minimum credit scores and income requirements, and that the defendants applied overbroad eviction and criminal history screenings, which significantly restricted applicants from securing housing at the rental properties.
Housing Choice Vouchers are a form of housing assistance subsidized by the federal government. Under D.C.’s fair housing laws, it is illegal for a landlord to discriminate against residents for how they pay their rent. Vouchers allow thousands of residents greater access to housing throughout the District, thereby helping to reduce segregation throughout the District’s neighborhoods and stimulate economic opportunities for residents.
The D.C. statutes under which Equal Rights Center v. Air Communities, Vaughan Place, et al. was filed were enacted in part to address race-based housing discrimination in the District.
“Discrimination against voucher holders further entrenches the racial segregation that has characterized D.C. neighborhoods for decades,” said Kate Scott, Equal Rights Center Executive Director. “Banning residents from housing on the basis of their stale evictions, irrelevant criminal histories, or voucher status are some of the most egregious, harmful modern day civil rights violations, and we are steadfast in our resolve to fight against such practices.”
Between 2022 and 2023, the ERC conducted an investigation to determine whether the defendants engaged in discriminatory and unlawful rental behaviors. The testing was in response to allegedly discriminatory statements on the Latrobe Apartment Homes’ and Vaughan Place’s websites, which read that applicants will be disqualified based on felony convictions and previous evictions. These statements, which have since been removed from the respective websites, violate several of D.C.’s consumer protection and fair housing laws.
“The claims brought in this case underscore how imperative it is to eradicate discrimination in all its forms and to make sure that residents of the District have a fair shot at finding safe and decent housing in the neighborhoods of their choice,” said Brian Corman, Partner at Cohen Milstein. “Housing vouchers help reduce housing instability and homelessness. We look forward to proceeding with these claims in court.”
The Housing Choice Voucher Program, formerly known as Section 8, is a federally funded housing subsidy program that currently provides rental and housing assistance to approximately 2 million families in the U.S. and 11,500 low-income families in D.C.. Under the program, Voucher holders are free to choose any housing in the rental market as long as it doesn’t exceed the monthly rental limit amounts of the program. The program’s intent is to eliminate barriers that would restrict these families from securing housing in neighborhoods with increased access to public transportation, grocery stores, and well-performing schools. Unfortunately, the voucher discrimination seen in this complaint keeps the program from achieving that goal. In addition, screening criteria that bans residents with felony convictions and evictions further places targeted limitations on who can access a variety of D.C.’s housing opportunities.
“Housing policies that indiscriminately shut the door on potential tenants with arrest and conviction records have no place in our communities,” said Joanna K. Wasik, Deputy Legal Director at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “It is incredibly important that we fight back against such irrational barriers to housing wherever they appear.”
The ERC is represented by Brian Corman and Madhuri Belkale of Cohen Milstein Sellers & Toll, and Joanna K. Wasik of Washington Lawyers’ Committee for Civil Rights and Urban Affairs.
The case name is Equal Rights Center v. Air Communities, Vaughan Place, et al., Superior Court of Washington, D.C. Read more about the case at this link.
###
About Cohen Milstein Sellers & Toll
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs’ law firm, with over 100 attorneys across eight offices, champions the causes of real people—workers, consumers, small business owners, investors, and whistleblowers—working to deliver corporate reforms and fair markets for the common good. We have litigated landmark civil rights and employment disputes before the highest courts in the nation and continue to actively shape civil rights and employment law in the United States. For more information visit https://www.cohenmilstein.com/
About Equal Rights Center
The ERC is a civil rights organization that identifies and seeks to eliminate unlawful and unfair discrimination in housing, employment and public accommodations in its home community of Greater Washington D.C. and nationwide. The ERC’s core strategy for identifying unlawful and unfair discrimination is civil rights testing. When the ERC identifies discrimination, it seeks to eliminate it through the use of testing data to educate the public and business community, support policy advocacy, conduct compliance testing and training, and, if necessary, take enforcement action. For more information, please visit www.equalrightscenter.org.
About Washington Lawyers’ Committee for Civil Rights and Urban Affairs
The Washington Lawyers’ Committee for Civil Rights and Urban Affairs partners with community members and organizations on scores of cases to combat discrimination in housing, employment, education, immigration, criminal justice reform, public accommodations, based on race, gender, disability, family size, history of criminal conviction, and more. The Washington Lawyers’ Committee has secured a relentless stream of civil rights victories over the past five decades in an effort to achieve justice for all. For more information, please visit https://www.washlaw.org.
FOR IMMEDIATE RELEASE
Contact: cohenmilstein@berlinrosen.com
FLINT PROPERTY OWNERS REACH CLASS ACTION SETTLEMENT WITH WATER ENGINEERING FIRM VEOLIA NORTH AMERICA
The settlement ends the last class action case against the remaining water engineering firms accused of negligence contributing to the Flint Water Crisis.
FLINT, MI – On February 1, 2024, Flint Michigan property owners, businesses, and adults, reached a $25 million settlement with Veolia North America (VNA), the last private engineering firm Flint residents were seeking to hold accountable for its role in the devastating Flint water crisis. This settlement brings the total amount of the settlements reached on behalf of plaintiffs in the Flint Water Crisis cases to over $655 million. The case, a certified environmental water contamination class action, was scheduled to go to jury trial on February 13, 2024. The plaintiffs are represented by Cohen Milstein Sellers & Toll, Susman Godfrey, and Pitt McGehee Palmer Bonanni & Rivers.
The class action case was filed in 2016 against VNA and other defendants on behalf of more than 90,000 residents. The class action, which resulted in a landmark $626.25 million settlement against the State of Michigan in 2021, was officially certified against VNA and a second private water engineering company, Lockwood, Andrews & Newnam (LAN), in August 2021. LAN settled with residents last October.
The certified class action maintained that VNA failed to identify corroding pipes, exacerbating the Flint water crisis, and allowed the water contamination to last much longer than it should have, had Veolia recommended the correct remediation, including adding a corrosive chemical to the water supply.
After negotiating the class settlement, the parties also were able to resolve the claims brought by minor claimants represented by class counsel. Under that settlement, those minor claimants will receive an additional payment on top of the amounts they will receive under the existing settlements.
“I’m inspired by the resiliency and courage the families and residents of Flint have shown in their effort to secure justice, and I believe this settlement is an important step forward to bringing a close to the horrible years of nightmares for the Flint community,” said Ted Leopold, court-appointed co-lead class counsel and co-lead trial counsel and partner at Cohen Milstein Sellers & Toll. “Our fight for justice continues as we look to hold the EPA, the final bad actor in this long and difficult saga, accountable.
“This settlement is long overdue. I’m glad to mark this final case against Veolia and bring another chapter of this terrible story to a close. Our work continues in the fight for justice for the Flint community,” said Steve Morrissey, a partner at Susman Godfrey and co-lead trial counsel and court-appointed Executive Committee member.
Michael Pitt, court-appointed interim co-lead counsel and partner at Pitt McGehee Palmer Bonanni & Rivers, P.C. added, “From the beginning, our efforts were focused on centering the Flint community and ensuring that the outcome was fair and equitable for these amazing people who have suffered greatly over the past few years. We’re glad to see this settlement reflecting our efforts and goal of setting this community up to move forward and rebuild.”
In 2014, the City of Flint hired Veolia to advise on the City’s decision to switch its water supply from the highly contaminated Flint River. Despite Flint residents raising concerns about the water’s smell, color, and taste, and even after a deadly Legionnaires disease outbreak, Veolia allegedly failed to give appropriate recommendations to the City. Veolia’s alleged professional negligence led to years of delay in stopping the water contamination to which Flint residents were exposed.
###
About Cohen Milstein Sellers & Toll PLLC
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs’ law firm, with over 100 attorneys across eight offices, champions the causes of real people – workers, consumers, small business owners, investors, and whistleblowers – working to deliver corporate reforms and fair markets for the common good. For more information visit https://www.cohenmilstein.com
About Susman Godfrey
Susman Godfrey is a nationwide law firm of 150 trial lawyers. It handles high-stakes litigation in a broad range of practice areas and industries, for both plaintiffs and defendants. Susman’s attorneys are creative in finding the fee arrangement—contingent, flat, hourly, or hybrid—that best suits a client’s case. With a relentless focus on winning at trial, Susman Godfrey has been ranked by Vault as the #1 litigation boutique in America for 12 consecutive years. Visit www.susmangodfrey.com to learn more about our unique approach to winning cases.
About Pitt McGehee Palmer Bonanni & Rivers
Pitt McGehee Palmer Bonanni & Rivers is one of the largest and most experienced employment and civil rights law firms in Michigan. Our attorneys have successfully supported clients, both individually and in groups, in litigation against companies charged with employment discrimination. In addition to our civil rights and employment discrimination representation, we also handle complex and difficult personal injury and criminal defense cases. For more information visit https://www.pittlawpc.com
Douglas J. McNamara named to five-person MDL team addressing largest data breach in 2023
WASHINGTON, DC – The Honorable Allison D. Burroughs of the United States District Court for the District of Massachusetts appointed Douglas J. McNamara as one of five co-leads to oversee In Re: MOVEit Customer Data Security Breach Litigation. The multidistrict litigation (MDL) involves dozens of class actions from around the country regarding a massive data breach which impacted more than 2,500 organizations and more than 67 million individuals worldwide.
The data breach, which was discovered in May 2023, was linked to Progress Software Corp.’s file-sharing software, MOVEit Transfer, which is used by thousands of organizations around the world to move large amounts of often-sensitive data over the internet. Allegedly starting as early as 2021, a ransomware group known as Clop (aka C10p) hacked the MOVEit servers, stealing customers’ sensitive data stored within. Affected entities include hospitals, banks, businesses, governments, pension funds, universities, among others.
Plaintiffs in the MDL accuse Progress of failing to reasonably secure consumers’ personal information.
“I’m incredibly honored by Judge Burrough’s appointment. She chose among many strong contenders and selected some fantastic litigators to represent the impacted consumers and plaintiffs,” said Doug McNamara, head of Cohen Milstein’s Data Breach & Cybersecurity Litigation team.
McNamara, widely recognized for his class action expertise in data breach and false advertising litigation, will oversee offensive discovery strategy in the MOVEit MDL.
McNamara currently serves as co-lead interim class counsel in In re MGM Resorts International Data Breach Litigation. He is also on the steering committee and leadership teams ofIn re Blackbaud, Inc., Customer Data Breach Litigation and In re Marriott International Inc. Customer Data Security Breach Litigation.
The five-member court-appointed leadership team also includes the law firms of Levin Sedran & Berman LLP; Lockridge Grindal Nauen PLLP; Lynch Carpenter, LLP; Berger Montague; and liaison counsel from Hagens Berman Sobol Shapiro LLP.
###
About Cohen Milstein Sellers & Toll PLLC
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs’ law firm, with over 100 attorneys across eight offices, champions the causes of real people – workers, consumers, small business owners, investors, and whistleblowers – working to deliver corporate reforms and fair markets for the common good. For more information visit https://www.cohenmilstein.com/
FOR IMMEDIATE RELEASE
Contact: cohenmilstein@berlinrosen.com
WASHINGTON, D.C. – Cohen Milstein Sellers & Toll, one of the nation’s leading plaintiffs’ law firms, has named Benjamin F. Jackson as the firm’s newest partner, effective January 1, 2024.
Jackson is a member of the Securities Litigation & Investor Protection practice and is based in New York City. He represents institutional and individual shareholders in derivative lawsuits and securities class actions. He is currently litigating multiple cases involving large corporations including Bayer AG, Nikola Corporation, and EQT Corporation.
Prior to joining Cohen Milstein, Jackson worked at a highly regarded national defense firm as a litigation associate, focusing on securities, antitrust, white-collar investigations, and intellectual property litigation. He served as a law clerk to both the Honorable Katherine B. Forrest of the U.S. District Court for the Southern District of New York and the Honorable Robert D. Sack of the U.S. Court of Appeals for the Second Circuit.
“Ben has proven himself to be a committed and exceptionally hard-working attorney, and I am beyond pleased to call him my partner,” said Benjamin D. Brown, managing partner of Cohen Milstein Sellers & Toll. “I look forward to his continued success and positive contributions to the firm.”
Jackson received his B.A. from Washington University in St. Louis where he was a Lien Scholar. He received his J.D. from Harvard Law School where he served as forum chair of the Harvard Law Review and won the Ames Moot Court Competition. Jackson currently serves as the secretary of the Institute for Law and Economic Policy (ILEP).
###
About Cohen Milstein Sellers & Toll PLLC
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs’ law firm with over 100 attorneys across eight offices, champions the causes of real people – workers, consumers, small business owners, investors, and whistleblowers – working to deliver corporate reforms and fair markets for the common good. For more information visit https://www.cohenmilstein.com/
El principal subcontratista de plomería multifamiliar de diseño y construcción de California presuntamente traicionó a sus empleados en una transacción ilegal de ESOP de $247 millones
Washington, DC – Cohen Milstein Sellers & Toll PLLC, una firma de abogados de demandantes de primer nivel, presentó una demanda colectiva en nombre de los empleados y participantes del Plan de Propiedad de Acciones para Empleados (ESOP) de AMPAM Parks Mechanical, Inc. La demanda es contra AMPAM Parks Mechanical, los fundadores de AMPAM, Buddy Parks, John D. Parks, James Parks y Jason Parks (“los hermanos Parks”), y Neil Brozen, por violaciones de la Ley de Seguridad de los Ingresos de Jubilación de los Empleados (ERISA). AMPAM Parks Mechanical ha declarado que es el subcontratista de plomería multifamiliar más grande del estado de California, dando empleo a aproximadamente a 1,000 empleados en las áreas metropolitana de Los Ángeles, San Diego y el norte de California.
Presuntamente, los hermanos Parks crearon el ESOP AMPAM, un plan de jubilación, para comprar sus intereses en AMPAM a un precio inflado de 247 millones de dólares. Para obtener el precio de compra de 247 millones de dólares en la transacción del ESOP, AMPAM (controlada por los hermanos Parks), contrató a Neil Brozen, presidente de Ventura Trust, una compañía fiduciaria operando en Minnesota, para aprobar el precio de compra de 247 millones de dólares en nombre del ESOP. Hay múltiples demandas pendientes contra Neil Brozen por violaciones de ERISA, incluyendo una demanda presentada por el Secretario de Labor y demandas colectivas presentadas por empleados que participaron en el ESOP.
Esta demanda también alega que ninguno de los hermanos Parks ni Neil Brozen involucraron a los empleados de AMPAM en la determinación del precio que pagaría el ESOP o los otros términos de la Transacción. Al contrario, los empleados de AMPAM se enteraron de la compra de AMPAM a los hermanos Parks después de que se completó la transacción del ESOP. A partir de entonces, presuntamente todos los empleados de AMPAM se vieron obligados a comprar acciones de AMPAM a los hermanos Parks a través de sus cuentas de jubilación del ESOP.
Poco después de la venta, fue reportado que las acciones de AMPAM bajo el ESOP estaban valoradas a $ 17,821,310, o aproximadamente el 7% de lo que el ESOP había pagado por la empresa. A partir de entonces, el valor de la empresa se desplomó, lo cual resultó en una valoración de solo 2,1 millones de dólares, menos del 1% de lo que pagó el Plan.
“Esta demanda busca proteger a los empleados y trabajadores jubilados de AMPAM. Nuestra demanda alega que la venta de AMPAM en 2019 al ESOP por $247 millones fue sobrevalorada e injusta para los trabajadores. Esperamos defender los derechos de nuestro cliente y de otros miembros de la clase”, dijo Michelle C. Yau, presidenta del grupo de práctica de Beneficios para Empleados/ERISA de Cohen Milstein.
La demanda, Barrios, et al. v. AMPAM Parks Mechanical, Inc., et al., se presentó ante el Tribunal de Distrito de los Estados Unidos del Distrito Sur de California el 28 de diciembre de 2023.
Cohen Milstein está buscando a los empleados o jubilados de AMPAM que puedan haberse visto afectados por la presunta transacción ilegal para que participen potencialmente en la demanda. Los participantes deben haber sido empleados de AMPAM Parks Mechanical después de julio de 2019. HAGA CLIC AQUÍ PARA ACCEDER AL FORMULARIO DE CONTACTO PARA ESTE CASO.
Contacto de prensa:
Michelle C. Yau, jefa de la práctica de Beneficios para Empleados/ERISA de Cohen Milstein, tiene décadas de experiencia en la protección de bienes de jubilación y conocimiento sobre transacciones financieras complejas y cuestiones actuariales informados por su experiencia en Wall Street y el Departamento de Labor. En 2021, fue nombrada “MVP de beneficios para empleados – beneficios” de Law360.
Tel. 202-408-4600, Email: myau@cohenmilstein.com
Contactos de abogados:
Los siguientes abogados de Cohen Milstein están actualmente involucrados en Barrios, et al. v. AMPAM Parks Mechanical, Inc., et al. y puede responder a preguntas.
Michelle C. Yau, jefa del grupo de practica de Beneficios para Empleados/ERISA de Cohen Milstein, cuenta con licencia para practicar leyes en el estado de Massachusetts y Washington, D.C. Su práctica se limita a asuntos legales federales, como ERISA la cual es relevante a la demanda contra AMPAM.
Tel. 202-408-4600, correo electrónico: myau@cohenmilstein.com
Ryan Wheeler es asociado de Cohen Milstein y miembro del grupo de práctica de Beneficios para Empleados. Cuenta con licencia para practicar leyes en el estado de California y el Distrito de Columbia. Tel. 202.408.4600, correo electrónico: rwheeler@cohenmilstein.com
Acerca de la práctica de beneficios para empleados de Cohen Milstein / ERISA
Cohen Milstein Sellers & Toll PLLC es una firma de abogados de demandas colectivas de primer nivel, que maneja casos de alto perfil y, a menudo, que establecen precedentes legales en nombre de los demandantes. Bajo el liderazgo de Michelle Yau, Cohen Milstein fue nombrado “Grupo de Práctica del Año de Beneficios para Empleados/ERISA” de Law360 en 2019, 2021 y 2022. Para obtener información adicional, visite https://cohenmilstein.com o llame al (202) 408-4600.
PUBLICIDAD DE ABOGADOS
No se hace ninguna declaración de que la calidad de los servicios legales que se prestarán es mayor que la calidad de los servicios legales ofrecidos por otros abogados. Los resultados pasados no garantizan el éxito de los asuntos actuales o pendientes.
California’s top design-build multifamily plumbing subcontractor allegedly sells out employees in illegal $247 million ESOP transaction
Washington, DC – Cohen Milstein Sellers & Toll PLLC, a premier plaintiffs’ law firm, filed a class action on behalf of employees and participants of the AMPAM Parks Mechanical, Inc. Employee Stock Ownership Plan (ESOP). The lawsuit is against AMPAM Parks Mechanical, the founders of AMPAM, Buddy Parks, John D. Parks, James Parks, and Jason Parks (“the Parks brothers”), and Neil Brozen, for violations of the Employee Retirement Income Security Act (ERISA). AMPAM Parks Mechanical has stated that it is California’s largest multifamily plumbing subcontractor, employing approximately 1,000 employees throughout the greater Los Angeles, San Diego, and Northern California areas.
Allegedly, the Parks brothers created the AMPAM ESOP, a retirement plan, to purchase their interest in AMPAM at an inflated price of $247 million. To obtain the $247 million purchase price in the ESOP Transaction, AMPAM (controlled by the Parks brothers), hired Neil Brozen, president of Ventura Trust, a trust company doing business in Minnesota, to approve the purchase price of $247 million on behalf of the ESOP. There are multiple lawsuits pending against Neil Brozen for violations of ERISA, including a lawsuit filed by the Secretary of Labor and other class actions filed by employees of other ESOPs.
The suit further alleges that neither the Parks brothers nor Neil Brozen involved AMPAM employees in the determination of the price the ESOP would pay or the other terms of the Transaction. Rather, AMPAM employees found out about the purchase of AMPAM from the Parks brothers only after the ESOP transaction was complete. Thereafter, all AMPAM’s employees were allegedly forced to buy AMPAM stock from the Parks brothers through their ESOP retirement accounts.
Shortly after the sale, AMPAM’s stock held by the ESOP was reported to be valued at $17,821,310, or approximately 7% of what the ESOP had paid for the company. Thereafter, the company’s value plummeted, resulting in a valuation of a mere $2.1 million, less than 1% of what the Plan paid.
“This lawsuit seeks to protect the hard-working employees and retirees of AMPAM. Our complaint alleges that the 2019 sale of AMPAM to the ESOP for $247 million was overpriced and unfair to workers. We look forward to vindicating the rights of our client and other class members,” said Michelle C. Yau, chair of Cohen Milstein’s Employee Benefits/ERISA practice.
The lawsuit,Barrios, et al. v. AMPAM Parks Mechanical, Inc., et al., was filed before the United States District Court for the Southern District of California on December 28, 2023.
Cohen Milstein is actively signing up AMPAM employees or retirees who may have been impacted by the alleged illegal transaction to potentially participate in the lawsuit. Participants need to have been employed by AMPAM Parks Mechanical after July 2019. PLEASE CLICK HERE FOR THE CASE CONTACT FORM.
Press Contact:
Michelle C. Yau, chair of Cohen Milstein’s Employee Benefits/ERISA practice, has decades of experience protecting retirement assets and insight into complex financial transactions and actuarial issues informed by her Wall Street and Department of Labor experience. In 2021, she was named Law360’s “Employee Benefits MVP – Benefits.” Tel. 202-408-4600, Email: myau@cohenmilstein.com
Attorney Contacts:
The following Cohen Milstein attorneys are currently engaged in Barrios, et al. v. AMPAM Parks Mechanical, Inc., et al. and can respond to questions.
Michelle C. Yau, chair of the Cohen Milstein’s Employee Benefits/ERISA practice, is licensed to practice in Massachusetts and the District of Columbia. Her practice is limited to federal legal matters, such as ERISA that pertains to the lawsuit against AMPAM. Tel. 202-408-4600, email: myau@cohenmilstein.com
Ryan Wheeler is an associate at Cohen Milstein and a member of the Employee Benefits practice. He is licensed to practice in California and the District of Columbia. Tel. 202.408.4600, email: rwheeler@cohenmilstein.com
About Cohen Milstein’s Employee Benefits/ ERISA Practice
Cohen Milstein Sellers & Toll PLLC is a premier class action law firm, handling high-profile and often precedent-setting cases on behalf of plaintiffs. Under Michelle Yau’s leadership, Cohen Milstein was named Law360’s “Employee Benefits/ERISA Practice Group of the Year” in 2019, 2021 and 2022. For additional information, please visit https://cohenmilstein.com or call (202) 408-4600.
ATTORNEY ADVERTISING
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Past results do not guarantee the success of current or pending matters.
FOR IMMEDIATE RELEASE
Press contact: cohenmilstein@berlinrosen.com
WASHINGTON, DC – Cohen Milstein Sellers & Toll (Cohen Milstein), one of the leading plaintiffs’ law firms in the United States, announced today that Benjamin D. Brown has been named managing partner.
Brown, who joined Cohen Milstein in 2005, currently co-chairs the firm’s Antitrust practice and serves as chairman of the Executive Committee. Brown replaces Steven J. Toll, who stepped down as managing partner at the end of last year, following a highly successful 26-year run shepherding the firm. Toll, who was named managing partner of the firm in 1997, has cultivated a national profile for Cohen Milstein, increased the attorney headcount from 20 to over 100, and transformed the firm from a legal startup to a legal powerhouse.
“I am beyond honored to serve as Cohen Milstein’s next managing partner and look forward to continuing to secure justice for our clients, build on the firm’s culture, and expand our footprint across the nation,” said Benjamin D. Brown of Cohen Milstein Sellers & Toll. “Our firm is powered by over a hundred attorneys who vigorously represent their clients to create meaningful, lasting change. I am so proud to work with this talented, committed team every day.”
Brown is taking the helm of the firm at a time of tremendous growth. The firm has increased its headcount to more than 150 employees and expanded its footprint to eight offices across the country. In his new role, Brown will continue to expand the firm’s presence in key markets and build on the firm’s reputation as a legal powerhouse.
“Ben has dedicated himself to Cohen Milstein for nearly two decades and demonstrated a love of the law, an unwavering commitment to justice, and a mastery of the skills necessary to successfully lead the firm,” said Steven J. Toll. “Cohen Milstein’s culture of mission-oriented advocacy has cultivated a renowned reputation across the legal industry, spurring interest in the firm from the most qualified talent, and I know Ben will continue to advance our culture and reputation.”
Cohen Milstein’s accomplishments and awards are many. In 2023, the firm secured landmark victories against corporate giants, including a $1 billion securities settlement with Wells Fargo following the fake accounts scandal and a victorious settlement with Exxon for human rights abuses in Indonesia. In just the last few years, the firm has been ranked a leading firm by Chambers USA in Antitrust, ERISA Litigation, Product Liability & Mass Torts, and Securities Litigation, while Law360 has named Cohen Milstein Practice Group of the Year in Benefits, Competition, Class Actions, Consumer Protection, Employment, and Securities. The firm has also been recognized repeatedly as a “ceiling smasher” for being among the firms with the highest representation of women in their equity partnerships. As managing partner, Brown will oversee a team working to deliver corporate reforms and fair markets for the common good.
Brown, who previously served in the Antitrust Division of the United States Department of Justice, has been appointed by federal courts to serve as co-lead counsel for plaintiffs in numerous important matters, such as In re Plasma-Derivative Protein Therapies Antitrust Litigation (N.D. Ill.); Carlin, et al. v. DairyAmerica, Inc. (E.D. Cal.); and Mixed Martial Arts (MMA) Antitrust Litigation (D. Nev.). Brown is also an adjunct professor at Georgetown Law School, where he teaches Complex Litigation, a course that explores the policy and procedures implicated by aggregated, high stakes, multi-party litigation, especially class actions.
###
About Cohen Milstein Sellers & Toll
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs’ law firm, with over 100 attorneys across eight offices, champions the causes of real people—workers, consumers, small business owners, investors, and whistleblowers—working to deliver corporate reforms and fair markets for the common good. For more information visit https://www.cohenmilstein.com/
For Immediate Release
Judge also grants plaintiffs’ request to unseal discovery materials
LOS ANGELES, CA – The Honorable Elihu M. Berle of the Superior Court of the State of California for the County of Los Angeles granted in part plaintiffs’ motion for class certification in Rasmussen, et al. v. The Walt Disney Company, et al., a gender pay discrimination class action against The Walt Disney Company and its subsidiaries. The certified class of plaintiffs includes most women who have been or will be employed by Disney, in California, between April 1, 2015 and three months before trial, below the level of Vice President, and in a non-union position with assigned job families and job levels.
Originally filed in 2019 by Andrus Anderson, a California-based consumer and employee rights litigation firm, Cohen Milstein, a national plaintiffs class action law firm, joined the case in 2022, and plaintiffs filed the now-public motion for class certification in June 2023, claiming that Disney deprived the class as a whole of millions in wages in violation of the Fair Employment & Housing Act because its compensation practice caused a disparate impact on women, and in violation of California’s Equal Pay Act because it paid women less than men for substantially similar jobs.
In his ruling, Judge Berle granted class certification as it applies to California’s Equal Pay Act, which does not require plaintiffs to identify the cause of the pay disparities. He also granted plaintiffs’ requests to unseal materials submitted to the Court in connection with class certification, including numerous documents produced in discovery and unredacted expert reports.
Plaintiffs claim, among other things, that Disney employed an enterprise-wide compensation policy, whereby it started out new, female hires at lower salaries than their male counterparts for similar jobs in part because Disney would base starting pay on prior salary, which historically includes gender-based disparities. These figures are substantiated by a now-public economic expert report, filed with the plaintiffs’ motion for class certification.
“I am very pleased with the court’s decision to allow this equal pay case to move forward as a class action so we can expose the entrenched pay disparities,” said Christine Webber, co-chair of Cohen Milstein’s Civil Rights & Employment practice. “We look forward to proving that Disney has been systematically underpaying its hard-working female employees. As a class action, we’re in a better position to address these systemic issues and, make an impact for the good of Disney’s employees.”
“It’s encouraging that the court has agreed with our clients that this case should be brought as a class action,” said Lori Andrus, founding partner of Andrus Anderson. “It took a lot of courage for our clients to bring this case against one of the world’s largest entertainment conglomerates in the first place. So, I’m hopeful that as a class action not only will our clients have their day in court, but also, they will be able to effect a positive change at Disney and end these allegedly discriminatory compensation policies.”
The Walt Disney Company is the world’s largest media company, which includes amusement parks and resorts, media networks, studio entertainment, and consumer products and interactive media.
Plaintiffs, who include long-time employees, claim that, across all its business segments and at all levels of the company, Disney routinely underpays its female employees. Simply put, the plaintiffs allege that Disney values its male employees more than its female employees.
Plaintiffs seek legal and equitable relief under the California Equal Pay Act, the California Fair Employment and Housing Act, and California Business & Professions Code §17200, the California Private Attorneys General Act, and various California Labor Codes.
The case name: Rasmussen, et al. v. The Walt Disney Company, et al., Case. No. 19STCV10974, Superior Court of California County of Los Angeles. Read more about the case.
Plaintiffs in this case are also represented by Goldstein, Borgen, Dardarian, & Ho.
###
About Cohen Milstein Sellers & Toll
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs’ law firm, with over 100 attorneys across eight offices, champions the causes of real people—workers, consumers, small business owners, investors, and whistleblowers—working to deliver corporate reforms and fair markets for the common good. We have litigated landmark civil rights and employment disputes before the highest courts in the nation and continue to actively shape civil rights and employment law in the United States. For more information visit https://www.cohenmilstein.com/
About Andrus Anderson
Andrus Anderson is dedicated to making the concepts of truth, justice and accountability a reality for each and every client. A national leader in litigation for equal pay, Andrus Anderson is a law firm that will stand up to corporate giants and fight tirelessly to see individual rights prevail over corporate and governmental misconduct, greed and abuse. For more information visit https://andrusanderson.com/
LEGAL NOTICE
ATTENTION PURCHASERS OF BAYER AKTIENGESELLSCHAFT (“BAYER”) AMERICAN DEPOSITARY RECEIPTS BETWEEN MAY 23, 2016 AND JULY 6, 2020
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION
TO: ALL PERSONS AND ENTITIES THAT PURCHASED OR OTHERWISE ACQUIRED BAYER AMERICAN DEPOSITARY RECEIPTS FROM MAY 23, 2016 TO JULY 6, 2020, INCLUSIVE (THE “CLASS”).
YOU ARE HEREBY NOTIFIED THAT A CLASS HAS BEEN CERTIFIED IN PENDING LITIGATION THAT MAY AFFECT YOUR RIGHTS.
If you are a member of the Class described above, your rights may be affected by the lawsuit referred to as Sheet Metal Workers’ National Pension Fund, et al. v. Bayer Aktiengesellschaft, et al., No. 3:20-cv-04737-RS, which is now pending before the United States District Court for the Northern District of California (the “Court”), brought by Lead Plaintiffs Sheet Metal Workers’ National Pension Fund (“Sheet Metal Workers”) and International Brotherhood of Teamsters Local No. 710 Pension Fund (“Teamsters 710”), along with additional named plaintiff International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware (collectively with Sheet Metal Workers and Teamsters 710, “Plaintiffs”), against Bayer Aktiengesellschaft and Individual Defendants Werner Baumann, Werner Wenning, Liam Condon, Johannes Dietsch, and Wolfgang Nickl (collectively, “Defendants”).
The Court determined that the Action may proceed as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure. You may be a member of the Class. Excluded from the Class are Defendants, directors and officers of Bayer, and their families and affiliates. Additionally, any person or entity that timely and validly requests exclusion, as explained in this Notice, will be excluded from the Class.
This Notice is not an expression of any opinion by the Court with respect to the merits of the claims or the defenses asserted in the Action. At this time, there is no judgment, settlement, or monetary recovery. This Notice is merely to advise you of the pendency of this Action and of your rights therein.
If you have not yet received the “Notice of Pendency of Class Action” which describes the Class Action and your related rights in detail, you may obtain a copy by writing to:
Bayer ADR Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173084
Milwaukee, WI 53217
1 (800) 524-0614
You may also view the full “Notice of Pendency of Class Action” at www.BayerADRSecuritiesLitigation.com.
If you fall within the definition of the Class set forth above, you are a member of the Class. IF YOU WISH TO REMAIN A MEMBER OF THE CLASS, YOU DO NOT NEED TO DO ANYTHING AT THIS TIME.
If you wish to be excluded from the Class, you must send a request for exclusion to Bayer ADR Securities Litigation, EXCLUSIONS, P.O. Box 173001, Milwaukee, WI 53217, postmarked no later than January 29, 2024. There are specific requirements for requesting exclusion that are set forth in the detailed Notice of Pendency of Class Action.
In addition, inquiries regarding this litigation may be addressed to:
LEAD COUNSEL: COHEN MILSTEIN SELLERS & TOLL PLLC
Carol V. Gilden
Cohen Milstein Sellers & Toll PLLC
190 South LaSalle Street, Suite 1705
Chicago, IL 60603
Telephone: (312) 629-3737
Fax: (312) 357-0369
Chris Lometti
Benjamin F. Jackson
Cohen Milstein Sellers & Toll PLLC
88 Pine Street, 14th Floor
New York, NY 10005
Telephone: (212) 838-7797
Fax: (212) 838-7745
PLEASE DO NOT CALL THE COURT, THE DISTRICT CLERK’S OFFICE, OR DEFENDANTS REGARDING THIS NOTICE.
Dated: November 28, 2023 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA