Representative Cases
Click a case Name for more information, or click the table Headers to sort.
|
Practice |
Name |
Overview |
|---|---|---|
| Securities Fraud & Shareholder Litigation | Bear Stearns/JPMorgan Buyout: Wayne County Employees Retirement System v. Cayne, et al. |
Filed March 24, 2008, DE Court of Chancery. On March 24, 2008 C&T filed the first shareholder class action lawsuit (“Lawsuit”) in the Court of Chancery of the State of Delaware against The Bear Stearns Companies, Inc. (“Bear Stearns” or the “Company”), JPMorgan Chase & Co. (“JPMorgan”), and certain of Bear Stearns’ officers and directors, challenging the recently amended terms of JPMorgan’s previously announced acquisition of Bear Stearns. |
| Securities Fraud & Shareholder Litigation | Capital Source |
Chimicles & Tikellis LLP represented unitholders of Capital Source, L.P. and Capital Source II, L.P., two Delaware limited partnerships, in an action against the general partners and certain affiliates, seeking a liquidation of the partnerships and damages. The general partners and certain of their affiliates sought the consent of the unitholders to merge the partnerships into a newly-formed limited partnership which the general partners and their affiliates intended to continue to operate under liberalized governance provisions. |
| Securities Fraud & Shareholder Litigation | CNL Hotels & Resorts Inc. Federal Securities Litigation |
The Firm was lead trial counsel in this settled action filed in 2004 asserting federal securities law claims under the 1933 Securities Act involving a $3.0 Billion real estate investment trust. The Litigation was settled in 2006 by: (1) the establishment of a $35,000,000 Cash Settlement Fund; and, (2) by CNL entering into revised agreements in connection with a proposed Merger between CNL and its affiliate which Plaintiffs estimate red |
| Securities Fraud & Shareholder Litigation | Computer Associates |
Sanders v. Wang, No. 16640 (Delaware Court of Chancery), was a derivative suit brought on behalf of Computer Associates International, Inc. The suit alleged that the board exceeded its authority under a Key Employee Stock Ownership Plan by awarding 9.5 million excess shares to the participants. The efforts of Chimicles & Tikellis LLP resulted in the return from the defendants of over $50 million in stock issued in violation of the Company’s plan. This represented a recovery of substantially all of the relief sought by Plaintiffs. |
| Securities Fraud & Shareholder Litigation | Continental Illinois Securities Litigation |
Chimicles & Tikellis LLP served as lead counsel for the shareholder class in this action alleging federal securities fraud. The case was filed in the federal district court in Chicago and arose from the 1982 oil and gas loan debacle that ultimately resulted in the Bank being taken over by the FDIC. One aspect of this case involved a twenty-week jury trial conducted by Mr. Chimicles on behalf of the class in 1987. Ultimately, the class recovered nearly $40 million. |
| Securities Fraud & Shareholder Litigation | Gelfman, et al. v. Weeden Investors, L.P., et al. |
C&T served as co-counsel in this action on behalf of investors, and C&T Partner, Robert Kriner was on the trial team, in this Action which was tried in the Delaware Court of Chancery. This trial resulted in a judgment in favor of the limited partners who asserted that dilution and a cash out of their investments at a book value of $4.20 per Unit was unfair and in violation of the Partnership Agreement and the General Partner’s fiduciary duties. |
| Securities Fraud & Shareholder Litigation | Harrah's Entertainment, Inc. |
Chimicles & Tikellis LLP represented stockholders of Harrah’s Entertainment, Inc. (HET) in an action that challenging the proposed acquisition of Harrah’s by a buyout group lead by its chairman and CEO, Gary Loveman. Gary Loveman's group announced a $81 per share merger proposal on October 2, 2006. |
| Securities Fraud & Shareholder Litigation | I.G. Holdings, Inc., et al. v. Hallwood Realty LLC, et al |
C&T represented the public limited partners in this an action challenging the defensive response of the General Partner of Hallwood Partners LP to a premium tender offer by an affiliate of Carl Icahn in 2003. C&T led the litigation on behalf of the public limited partners through expedited injunction proceedings and an expedited trial which led to the General Partner’s agreement to auction and sell the Partnership. |
| Securities Fraud & Shareholder Litigation | In re Chiron Corporation Shareholder Litigation and In re Chiron Shareholder Deal Litigation |
C&T was Co-lead counsel in these actions brought on behalf of the public stockholders of Chiron Corporation challenging the buyout of Chiron by its 42% parent, Novartis AG. Novartis initially proposed a buyout at $40 per share and thereafter entered into a merger agreement to acquire Chiron for $45 per share. C&T and its co-counsel moved preliminarily to enjoin the merger pending a proper process to maximize value and full disclosure to the stockholders. |
| Securities Fraud & Shareholder Litigation | In re Cyprus AMAX Minerals Company Shareholders Litigation |
Chimicles & Tikellis LLP is one of lead counsel who represented the public shareholders of Cyprus Amax alleging breach of fiduciary duties by the Cyprus Amax Board in connection with an agreement to merge with Asarco Inc. and the out of hand rejection of a superior proposal to acquire Cyprus Amax by Phelps Dodge. |
| Securities Fraud & Shareholder Litigation | In re DVI Inc. Securities Litigation |
C&T serves as liaison counsel for this securities action brought in 2003 in the United States District Court for the Eastern District of Pennsylvania on behalf of a now certified class of purchasers of DVI Securities (who purchased between August 10, 1999 and August 13, 2003) for violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. In November, 2006, the Court approved a settlement as to certain entity defendants for a total Partial Settlement of $2,885,000. In August, 2007, the Lead Plaintiffs entered i |
| Securities Fraud & Shareholder Litigation | In re Freeport-McMoran Sulphur, Inc. Shareholder Litigation |
In this shareholder class action, C&T served as Lead Plaintiffs’ Counsel representing investors in a stock-for-stock merger of two widely held public companies, seeking to remedy the inadequate consideration the stockholders of Sulphur received as part of the merger. The DE Court of Chancery denied defendants’ motions for summary judgment, allowing Plaintiffs to try each and every breach of fiduciary duty claim asserted in the Action. In denying defendants’ motions for summary judgment the Court held there were material |
| Securities Fraud & Shareholder Litigation | In Re Inland Western Retail Real Estate Trust Securities Litigation (City of St. Clair Shores General Employees Retirement System v. Inland Western Retail Real Estate Trust, Inc., et al.) |
On behalf of City of St Clair Shores General ERS and a proposed class of Inland Western shareholders, on November 1, 2007, C&T filed a federal securities class action complaint alleging violations of the federal securities laws and breaches of fiduciary duty by defendant Inland Western and certain of its current and former directors, officers and affiliates, and its financial advisor, by virtue of their devising and soliciting the shareholders’ approval of a merger of defendants’ affiliate with Inland Western for $375 million worth of the Company's stock.&nbs |
| Securities Fraud & Shareholder Litigation | In Re Kinder Morgan, Inc. Shareholder Litigation |
C&T serves as Co-Lead Counsel for plaintiffs and a proposed class of Kinder Morgan’s (“KMI”) stockholders challenging one of the largest public shareholder buyouts in history. This shareholder class action alleges that KMI’s officers and directors, and the Buyout Group (which included affiliates of Goldman Sachs, AIG Financial Products Corp. |
| Securities Fraud & Shareholder Litigation | In re McKesson Derivative Litigation, Saito, et. al. v. McCall, et. al. |
As Lead Counsel in this stockholder derivative action, C&T challenged the actions of the officers, directors and advisors of McKesson and HBOC in proceeding with the merger of the two companies when their managements were allegedly aware of material accounting improprieties at HBOC. In addition, C&T also brought (under Section 220 of the Delaware Code) a books and records case to discover information about the underlying events. |
| Securities Fraud & Shareholder Litigation | In re Painewebber Limited Partnerships Litigation |
Chimicles & Tikellis represented a class of persons who purchased one or more of 70 limited partnerships, from or through PaineWebber. The suit, brought in the United States District Court for the Southern District of New York, alleged that PaineWebber, through its sales practices represented these investments as appropriate for investors seeking safety, security and preservation of capital and that the unnecessary and excessive fees charged by PaineWebber drained the capital available for investing by the partnership. |
| Securities Fraud & Shareholder Litigation | In re Paramount Communications Inc. Shareholder Litigation |
Chimicles & Tikellis LLP served as co-liaison counsel and participated extensively in the representation of the public shareholders of Paramount Communications Inc. in the hostile battle between Viacom Inc. and QVC Network for control of Paramount. The shareholder plaintiffs and QVC were successful in persuading the Delaware Court of Chancery to enjoin the merger agreement between Paramount and Viacom on grounds that the agreement, including the lockup provision, unfairly impeded a proper process to maximize shareholder value in the sale and control of Paramount. |
| Securities Fraud & Shareholder Litigation | In re Piedmont Office Realty Trust Securities Litigation (Washtenaw County Employees Retirement System v. Piedmont Office Realty Trust, Inc., et al. (f/k/a Wells Real Estate Investment Trust, Inc.)) |
On behalf of Washtenaw County ERS and a proposed class of Piedmont shareholders, C&T filed in late-2007 a federal securities class action lawsuit against certain directors of Piedmont charging them with violations of the federal securities laws and breaches of fiduciary duties owed to the shareholders by virtue of defendants’ recommendation that shareholders reject a mid-2007 tender offer made for the shareholders’ stock and defendants’ recommendation to shareholders to vote in favor of making a material change to the Company’s charter that would |
| Securities Fraud & Shareholder Litigation | In Re Real Estate Associates Limited Partnership Litigation |
100% Recovery for Investors and the First Plaintiffs’ Jury Verdict Awarding Damages After the Passage of the PSLRA.C&T achieved national recognition for obtaining, in a federal securities litigation, the first successful plaintiffs’ verdict under the PSLRA |
| Securities Fraud & Shareholder Litigation | In re Wells Real Estate Investment Trust Securities Litigation (Washtenaw County Employees’ Retirement System v. Wells Real Estate Investment Trust, Inc., et. al.) |
On behalf of Washtenaw County ERS and a proposed class of Wells REIT shareholders, C&T filed in 2007 a federal securities class action lawsuit against certain current and former officers, directors and affiliates of Wells charging them with violations of the federal securities laws by virtue of their of their devising and soliciting the shareholders’ approval via a Proxy of a merger of an affiliate of company insiders with Wells for $175 million worth of the Company’s stock (“Internalization”). |
| Securities Fraud & Shareholder Litigation | Montgomery County Employees’ Retirement System v. Citigroup Inc., et. al |
Representing the Montgomery County Employees’ Retirement System, C&T filed on December 28, 2007 a shareholder derivative action alleging breaches of fiduciary duties, waste of corporate assets, gross mismanagement, insider trading and unjust enrichment by current and former Citigroup officers and directors related to Citigroup’s subprime mortgage business which led to the Company reporting billions of dollars in losses in 2007. DE Court of Chancery. |
| Securities Fraud & Shareholder Litigation | Northern Border Partners, L.P. - Class and Derivative Action |
Chimicles & Tikellis LLP was Plaintiff's counsel in an action on behalf of the public unitholders of Northern Border Partners, L.P. (the "Partnership") and on behalf of the Partnership, alleging breaches of Partnership agreement and breaches of fiduciary duties against the general partners of the Partnership and certain affiliates. The claims arose in connection with a transaction in which, among other things, the Partnership acquired assets of ONEOK, Inc., the indirect majority owner of the general partners. |
| Securities Fraud & Shareholder Litigation | Phoenix Leasing Limited Partnership Litigation |
Chimicles & Tikellis LLP served as co-lead counsel in this securities class action filed on behalf of the limited partners in Phoenix Leasing Cash Distribution Funds, in the Superior Court of the state of California, Marin County. The action alleged waste of corporate assets, fraud, breach of fiduciary duty and fraudulent sales and marketing by the General Partners of the Funds and other defendants. On February 19, 2002 the Superior Court approved the settlement of this action for $11.7 million. |
| Consumer Protection | T-Mobile Unlimited T-Zones Double Billing |
Full Recovery Settlement of T-Mobile Overcharging Case |
| Antitrust | In re Airline Ticket Commission Antitrust Litigation |
Chimicles & Tikellis LLP served as co-lead counsel in this antitrust class action, filed on behalf of travel agents in the United States, in the United States District Court for the District of Minnesota. The firm was counsel to the American Society of Travel Agents, the largest travel agent trade association in the world. The basis for the suit was the defendant airline companies’ imposition of caps on the commissions payable to travel agents. On January 28, 1997, the Court approved settlements totaling $86 million. |
| Wage & Compensation Claims | Shared Medical Systems 1998 Incentive Compensation Plan Litigation |
Chimicles & Tikellis LLP is lead counsel in this action brought in 2003 in the Philadelphia County Court of Common Pleas. The case is brought on behalf of approximately 1,300 persons who were employees of Defendant Siemens Medical Solutions Health Services Corporation (formerly Shared Medical Systems, Inc.) who had their 1998 incentive compensation plan (“ICP”) compensation reduced 30% even though the employees had completed their performance under the 1998 ICP contracts and had earned their incentive compensation based on the targets, goals and quotas in the ICPs. |
