Stuart J. Guber
- Securities Class Actions and Opt-out Litigation Under Federal Securities Laws
- Merger & Acquisition Litigation
- Derivative Actions Under State Breach of Fiduciary Law
Stuart J. Guber has over thirty years of experience in complex litigation. Practice areas include representing individual and institutional investors including state, county, municipal and Taft-Hartley union pension plans and health & welfare funds in securities class actions and opt-out litigation under federal securities laws, merger & acquisition litigation and derivative actions under state breach of fiduciary law. Taft-Hartley union work also included drafting and editing plan documents for compliance with ERISA and representing union in ERISA related litigation. Practice areas also include focus on class action consumer protection litigation under state and common law, some trusts and estates litigation, FINRA arbitrations (both plaintiff and defense), antitrust and other commercial litigation.
Mr. Guber has an extensive background in counseling and representing clients consisting of individual investors and institutional investors, including state pension plans (Alabama, Pennsylvania, Ohio, Louisiana, Connecticut), in investor protection, corporate compliance and corporate governance; advising consumers bringing class actions under state consumer protection laws and advising shareholders, employees, company, beneficiaries and the plan itself on ERISA related issues and litigation.
Mr. Guber has strong leadership, advocacy, communication, negotiation and trial skills including conducting oral argument at trial and appellate courts, defending and conducting depositions of key party and expert deponents. Ability to take case from inception through settlement and/or trial and appeals. Mr. Guber has an extraordinary record of achievement.
He was trial counsel in Robbins v. Koger Properties, No. 90-896-civ-J-10 (M.D. Flo.) in which the jury awarded $81.3 million. Mr. Guber also created new law in trusts and estates concerning treatment of spendthrift trusts under a new theory, which was successful and subsequently codified by the Pennsylvania legislature. Successfully settled In re Rite-Aid Corporation Securities Litigation for $325 million. 2001 WL 35963382 (E.D. Pa. Aug. 16, 2001). Received both compensatory ($227,000) and punitive damages ($100,000) in a securities arbitration involving public customers (father and daughter suing brokerage for churning and suitability. Maiocco v. Greenway Capital Corp. Mr. Guber has also been successful in shareholder merger & acquisition litigation, securing a bump up in the price per share on behalf of the target company shareholders from $8.40 to $9.25, an increase of over 10% per share. Minerva Group, LP v. v. Keane, Index No.800621 (Sup. Ct. NY). He is the first to successfully prosecute a data breach case brought as a shareholder derivative action against The Home Depot, Inc. In re The Home Depot, Inc. Shareholder Derivative Litig., Lead Case No. 1:15-cv-2999-TWT (N.D. GA.). The case settled for corporate governance and certain cyber security protocol modifications. Bloomberg News called the settlement "a good corporate security governance improvement blueprint for other companies" and "a roadmap for other companies ... and ... look to the settlement for ‘additional guidance' on how to conduct post-breach remediative actions. BNA, May 1, 2017. Another instance of valuable corporate governance was in the Chipotle shareholder derivative case based on several food poisoning incidents in different parts of the country. As part of the settlement, we insisted on the creation of a Food Safety Council consisting of a majority of independent safety food experts that would file periodic reports with the company's board and senior management. Mr. Guber has also had the opportunity to litigate against current White House Counsel to President Trump since December 10, 2018, Pat Cipollone. In that litigation, a consumer class action against the Knights of Columbus (represented by Mr. Cipollone) for disseminating false and misleading information concerning the timeliness of the "vanishing" premiums of whole life insurance policies, plaintiffs were able to reach a settlement valued at $22 million. Nepomuceno v. Knights of Columbus, No. Civ. A. 96 C 4789 (N.D. Ill.).
- Temple University School of Law, Philadelphia, Pennsylvania
- Temple University
- B.S. Business Administration
- Major: Accounting
- Minor: Finance and Statistics
Current Employment Position
- Of Counsel
- Pennsylvania, 1990
- U.S. District Court District of Colorado
- U.S. District Court Northern District of Georgia
- U.S. Court of Appeals 3rd Circuit, 1994
- U.S. District Court Eastern District of Pennsylvania, 1993
- U.S. District Court Southern District of Michigan
- U.S. Court of Appeals 1st Circuit
- U.S. Court of Appeals 8th Circuit
- U.S. Court of Appeals 9th Circuit
- U.S. Court of Appeals 10th Circuit
- U.S. Court of Appeals 11th Circuit
- U.S. District Court Eastern District of Michigan
- Martindale-Hubbell Peer Review AV®-rated
- The Bar Register of Preeminent Lawyers