Proven Advocacy In Investment Fraud And Breach Of Fiduciary Duty Class Action Cases
The attorneys at Evangelista Worley, LLC have aggressively and skillfully represented investors financially harmed by corporate fraud and fiduciary duties in federal and state courts throughout the U.S. Our firm’s attorneys have compiled an impressive record of success in a diverse array of lawsuits on behalf of investors, including securities class actions, shareholder derivative litigation and fiduciary class actions. We draw on this vast insight when designing comprehensive strategies for cryptocurrency class actions and other legal actions in emerging fields. We invite you to read on to discover our firm’s offerings and case results. Then, contact our office to discuss your legal matter and determine your next steps.
Securities Class Actions
Commenting on the “favorable” $25 million securities fraud settlement the Firm’s attorneys helped achieve for the class of defrauded securities investors, the Hon. Nathaniel M. Gorton stated:
“[The recovery was] the product of considerable time and labor expended by Lead Counsel who faced novel and difficult legal obstacles …” and was “due, at least in part, to the quality of the representation provided by Lead Counsel.” In Re: Evergreen Ultra Short Opportunities Fund Securities Litigation, United States District Court for District of Massachusetts, Civil Action 1:08-cv-11064-NMG (Dec. 12, 2012, D. Mass).
Purchasers of stock and other security instruments have claims under federal and state securities laws for financial damages when they are defrauded. We prosecute these cases on a full contingency basis. Contact us to help you evaluate any potential claims. Our attorneys have broad experience litigating securities fraud cases and have helped their clients and class members achieve substantial recoveries, collectively in excess of $650 million. Indeed, speaking directly to Mr. Evangelista during an attorneys’ fee hearing and congratulating the $65 million settlement he and other attorneys at Evangelista Worley, LLC helped achieve while at a prior firm, the Hon. Charles R. Breyer, commented:
“You worked … like demons. You absolutely worked. And by working as hard as you worked, you got it. You got the settlement that I have to believe was a good settlement. … So I thought you did a fine job, and you came right up to the plate when it was necessary.” In Re: Providian Financial Corp. Sec. Litig., Master File No. C 01-3952 CRB (N.D.Cal.)
The depth of our attorneys’ experience in securities fraud matters is reflected in the various lead, co-lead, liaison and local counsel roles that they have served in high-profile litigations as well as the results they helped achieve, including the following:
-
- In Re: Deutsche Telekom AG Securities Litigation, No. 00 Civ. 9475(SHS) (S.D.N.Y.) ($120 million recovery in securities fraud class action)
- In Re: Mutual Funds Investment Litigation, MDL 1586 (D. Md.) ($75 million recovery for mutual fund investors against multiple mutual fund companies for violations of federal securities and investment company laws)
- In Re: Providian Financial Corp. Sec. Litigation, C 01-3952 (N.D. Ca.) ($65 million recovery in securities fraud class action)
- Central Laborers Pension Fund v. Sirva (N.D. Ill.) (securities fraud class action alleging misleading statements in prospectus regarding health of European business and method of calculating insurance reserves violated GAAP; settled for $53.5 million)
- South Ferry LP #2 v. Killinger, (Washington Mutual, Inc.) Civil Action No. CV04-1599C ($41.5 million recovery in securities fraud class action)
- In Re: Dell, Inc., Securities Litigation, 1:06-cv-726 (W.D. Tx.) (securities fraud class action) ($40 million recovery in securities fraud class action on the strength of the pleadings, notwithstanding an unfavorable ruling on the motion to dismiss)
- In Re: BellSouth Corporation Sec. Litigation, Civil Action No. 1:02-CV2142-WSD (N.D. Ga.) ($35 million recovery in securities fraud class action)
- In Re: Beazer USA, Inc. Securities Litigation, 1:07-cv-725-CC (N.D. Ga.) ($30.5 million recovery in securities fraud class action)
- In Re: Evergreen Ultra Short Opportunities Fund Securities Litigation, Civil Action 1:08-cv-11064-NMG (D. Mass.) (appointed co-lead counsel; $25 million recovery in securities fraud class action)
- Baker v. MBNA Corp., 05-cv-0272 (D. Del.) ($25 million recovery in securities fraud class action)
- In Re: Cryolife Sec. Litigation, No. 1:02-CV-01868 (N.D. Ga.) ($23.25 million settlement in securities fraud class action)
- Plymouth County Retirement Systems v. Carter’s, Inc. et al., 08-CV-2940-AT (N.D. Ga.) (appointed liaison counsel; total recovery against officers and directors and outside auditors of over $23 million in securities fraud class action)
- In Re: AFC Enterprises Sec. Litigation, No. 1:03-CV-817 (N.D. Ga.) ($18 million recovery in securities fraud class action)
- In Re: NPS Pharmaceuticals, Inc. Sec. Litigation, No. 06-cv-00570 (D. Utah) ($15 million recovery in securities fraud class action)
- In Re: Internap Network Services Corp. Securities Litigation, 1:08-cv-03462-JOF (appointed liaison counsel; $9.5 million settlement in securities fraud class action)
- Welmon v. Chicago Bridge & Iron Co. N.V. (S.D.N.Y.) (securities fraud class action alleging that the company was materially overstating its financial results by utilizing improper accounting and not following its publicly stated revenue recognition policies; settled for $10.5 million)
- Primavera Investors v. Liquidmetal Technologies, Inc., 8:04 CV 919 T 23EAJ. (M.D. Fla.) ($7.025 million recovery in securities fraud class action)
- In Re: Atlas Air Worldwide Holdings, Inc. Securities Litigation, No. 02 Civ. 8334 (WCC). (S.D.N.Y) ($5.5 million recovered in securities fraud class action)
- Marsden v. Select Medical Corp., 04-cv-4020 (E.D. Pa.) ($5 million recovered in securities fraud class action)
- PLA LLC v. Advanced Neuromodulation Systems Inc., 4:05-CV-00078 (E.D. Tex.) ($5 million recovery in securities fraud class action)
- In Re: First Horizon Pharmaceutical Corporation Sec. Litigation, Civil Action No. 1:02-CV-2332-JOF (N.D. Ga.) ($4.65 million recovery in securities fraud class action)
- Friedman v. Rayovac Corp., 02-C-0308-C, 02-C-325-C, 02-C-370-C (M.D. Wisc.) ($4 million recovery in securities fraud class action)
Shareholder Derivative Litigation
Shareholder derivative lawsuits are brought by shareholders, on behalf of the company, against corporate officers and directors to seek specific corporate actions, changes in corporate behavior or financial recovery for breaches of fiduciary duty by a company’s officers, directors or both.
Breaches of fiduciary duty and financial fraud involving corporate activity take many forms. However, corporate misconduct often involves the most senior company officers who have the most to gain through misrepresentations made to their own boards of directors, shareholders, the investing public, lenders, trade creditors and contract counter-parties. Sometimes, those corporate insiders are aided by their own boards of directors or professional advisers, such as lawyers or accountants.
Our lawyers have extensive experience in officer and director breaches of fiduciary duty and financial fraud, which is particularly suited to shareholder derivative and class action litigation. We prosecute these cases on a full contingency basis. Contact our team to help you evaluate any potential claims.
Our attorneys have had leadership roles in many shareholder derivative litigations, including:
-
- In Re: Bank of America Corp Stockholder Derivative Litigation, C. A. No. 4307-VCS (Del. Ch.), and intervention action in In Re: Bank of America Corp. Securities, Derivative, and Employee Retirement Income Security Act (ERISA) Litigation, Master File No. 09-cv-00808 (S.D.N.Y.) ($62.5 million recovered on behalf of the company and its shareholders regarding purchase of Merrill Lynch)
- In Re: The Wendy’s Company Shareholder Derivative Action, No: 1:16-cv-01153-TSB (S.D. Ohio) (effectuated important corporate governance changes and data security measures)
- In Re: The Home Depot, Inc. Shareholder Derivative Litigation, No. 1:15-cv- 2999-TWT (N.D. GA.) (effectuated important corporate governance changes and data security measures)
- Young v. Ault, No.: 18-cv-6587 (C.D. Cal.) (effectuated important corporate governance changes)
- Gubricky v. Ells, Civil Action, No. 16-cv-2011-WJL-KLM (D. Colo.) (effectuated important corporate governance changes)
- In Re: Chiquita Brands International Inc., Alien Tort Statute and Shareholders Derivative Litigation (Pescatore v. Chiquita Brand International), No.: 0:08-md-01916 (S.D. Fla.) (effectuated important corporate governance changes)
- In Re: Lihua International, Inc., Shareholder Derivative Action, Case No. 1:14-cv-03543 (SD NY) ($1.2 million recovered on behalf of the company and its shareholders)
- In Re: EasyLink Services International Corp., Civil Action, No. 12A-04020- 3 (Superior Court of Gwinnett County, GA) (supplemental disclosures relating to acquisition)
- Pierce/Ferber v. Fairfield Greenwich Group, et al. (N.Y. Sup. Ct.) (represented Madoff investors through largest Madoff feeder funds in derivative action on behalf of the funds against fund managers, auditors and administrators)
- In Re: Ebix. Inc. Shareholder Derivative Action, Superior Court of Fulton County, GA, Civil Action, No. 2011CV205276 (effectuated important corporate governance changes)
- Criddle v. CNF, Inc., CA, No. 434340 (San Mateo, Ca.) (effectuated important corporate governance changes to ensure aviation maintenance safety measures)
- Lane v. Beeland Management Co. (Ill. Cir. Ct.) (represented investors in derivative action on behalf of public commodities fund caught in the Refco bankruptcy)
ERISA And Employment Class Actions
Our lawyers represent employees, plan participants, retirees or their beneficiaries in employment and benefit disputes. When employers, plan administrators and other parties fail to uphold their promises, unfairly withhold pay or breach their fiduciary duties, our attorneys aggressively assert their clients’ rights in and out of court.
Recent examples of cases in which our attorneys have been involved include:
-
- Turner et al v. Metro Waterproofing, Inc., No. 16-cv-00728 (N.D. Ga.) (satisfactory settlement on behalf of multiple hourly workers who were routinely not paid for their driving time to and from their work site)
- Arnold, et al. v. Clayton County School District, No. 1:12-cv-03455 (N.D. GA.) and Broome, et al. v. Clayton County School District, 1:15-cv-03066-SCJ (N.D. GA.) (wage and hour recovery of over $1 million on behalf of group of custodial workers who were routinely not paid for their lunch and break time)
- In Re: BP ERISA Litigation, No. 2010-cv-04214 (S.D. Tex.) (represented retirement plan participants in the BP America pension plan in ERISA class action alleging breach of fiduciary duty by ERISA fiduciaries in the wake of the Gulf Oil Spill)
- Sewright v. ING Groep N.V., No. 1:09-cv-00400-JEC (N.D. GA.) ($3.5 million recovery for Employee Retirement Income Security Act [ERISA]class of employees)
Our team prosecutes these cases on a full contingency basis. Contact us to help you evaluate your potential claims.
Get In Touch Today
Please call 404-975-2345 or complete our online contact form to reach an experienced legal professional on our team. Located in Atlanta, our attorneys at Evangelista Worley, LLC advocate for clients statewide and across the country. Connect with us and learn how they can help you obtain the justice you seek.