KM partners Daniel Hume, Tom Elrod, and associate Lauren Wands have filed an amicus brief in the United States Court of Appeals for the Eighth Circuit in support of the SEC's recently introduced climate disclosure regulations.
Thomas W. Elrod
Partner
- New York
-
250 Park Avenue
Suite 820
New York, NY 10177 - 212.699.1172
Biography
Biography
Thomas W. Elrod is a partner based in our New York office focusing on securities, commodities, and antitrust litigation.
Mr. Elrod joined the firm in 2011.
- University of Chicago (B.A. 2005)
- Boston University School of Law (J.D. 2009)
- New York State Bar
- New Jersey State Bar
- United States District Courts for the Southern and Eastern Districts of New York
- United States District Court for the District of New Jersey
- United States Courts of Appeals for the Second, Third, Seventh, Eighth, Ninth, and Tenth Circuits
Super Lawyers, Top Rated Attorney - Securities Litigation, 2021-2024
Super Lawyers Rising Star, 2015-2020
Super Lawyers Rising Star, 2015-2020
Experience
Some of Mr. Elrod’s securities experience includes:
- Lead counsel representing Wespath, the General Board of Pension and Health Benefits of the United Methodist Church, in Doyle v. Reata Pharmaceuticals, a securities class action alleging that Reata made false and/or misleading statements — including in connection with its secondary public stock offerings — concerning, inter alia, the FDA guidance regarding the design of the clinical trial (CARDINAL) for Reata’s drug candidate, bardoxolone methyl. When the FDA revealed serious concerns it had previously raised to Reata, the share price declined materially. The case has resulted in a settlement of $45 million.
- Co-lead counsel in Macovski v. Groupon Inc. et al., a securities class action alleging that the company made materially false and misleading statements and failed to disclose to investors its financial health before ending its sale of physical goods and announcing the departure of two top executives. The case resulted in a $13.5 million settlement that has received final approval.
- Lead counsel in In re Citigroup Inc Securities Litigation, a class action arising out of Citigroup’s alleged misrepresentations regarding their exposure to losses associated with numerous collateralized debt obligations. This case settled for $590 million.
- Class counsel in Shah v. Zimmer Biomet Holdings, a securities class action alleging that a medical device company did not disclose systemic quality issues at its manufacturing facility. The case resulted in a $50 million settlement.
- Co-lead counsel in Kokareva v. Bristow Group Inc., a securities class action alleging that an aviation services provider focused on the oil and gas sector made materially false and misleading statements about its internal controls relating to covenants in the company’s secured financing agreements. The case resulted in a $6.25 million settlement that has received final approval.
- Lead counsel in In re Hi-Crush Partners L.P. Securities Litigation, a securities class action alleging that fracking sand producer Hi-Crush Partners misled shareholders regarding a major customer relationship. This case resulted in a $3.8 million settlement.
- Lead counsel in Barfuss v. DGSE Companies, Inc., a securities class action alleging that a company that sold precious metals to wholesale and retail customers filed materially misleading financial statements. The case resulted in a $1.7 million settlement.
- Co-lead counsel in In re Resonant Inc. Securities Litigation, a securities class action alleging that a mobile phone component company misled investors concerning its ability to meet the terms of a development agreement. The case resulted in a $2.75 million settlement.
- Representation of municipal issuers, including governmental entities and hospital systems, in FINRA arbitrations alleging misrepresentations by underwriters in connection with Auction Rate Securities issuances.
- Selected by the Court as co-lead counsel in In re J.P. Morgan Treasury Futures Spoofing Litigation, alleging that defendants manipulated U.S. Treasury futures for more than a decade and that this conduct contributed to the bank’s recent $920 million settlement with the DOJ, CFTC, and SEC. The case has a putative settlement of $15.7 million.
- Representation of the exchange-based class in In re LIBOR-Based Financial Instruments Antitrust Litigation, an antitrust case alleging that defendant banks colluded to misreport and manipulate LIBOR. The case resulted in settlements totaling $190.45 million, which combined represent the largest recovery in a “futures-only” commodities class action litigation.
- Special fiduciary representation for the exchange-based class in In re Foreign Exchange Benchmark Rates Antitrust Litigation for a putative class of participants who traded futures and options in the FX market. The case has already resulted in partial settlements of more than $2.3 billion.
- Court-appointed executive committee member and class counsel in In re Cattle Antitrust Litigation, representing cattle producers and cattle futures traders. The suit alleges that the “Big 4” meatpacking firms conspired to suppress prices for fed cattle and manipulated live cattle futures traded on the Chicago Mercantile Exchange.
- Lead counsel on behalf of a proposed class of Brent crude oil futures traders alleging benchmark manipulation in In re North Sea Brent Crude Oil Futures Litigation.
- Representation of exchange-based investors in Shak v. J.P. Morgan Chase & Co., alleging monopolization and manipulation of the silver futures market in violation of federal antitrust and commodity exchange laws. The parties successfully reached a private settlement. The case preceded a related Department of Justice criminal investigation into J.P. Morgan that remains ongoing.
- Representation of a whistleblower who received the largest-ever individual award (nearly $200 million) arising under the Dodd-Frank whistleblower reward program after he provided information regarding the manipulation of crucial financial benchmarks used by global banks as the basis for the pricing of fixed income securities and derivative products.
- Representation of a nationwide class of residential mortgage loan borrowers in Rothstein v. GMAC Mortgage LLC, a class action alleging violations of the Racketeer Influence and Corrupt Organizations Act. This litigation resulted in a $13 million settlement against GMAC Mortgage.
- Representation of SEC, CFTC, and FCA whistleblowers who claim that their companies have violated federal law or defrauded the United States Government.
Cases & Investigations
- Case / Company Name
- Type
- Status
- Name Humacyte, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the North Carolina Middle District on behalf of those who acquired Humacyte, Inc. (“Humacyte” or the “Company”) (NASDAQ: HUMA) securities during the period of May 10, 2024 to October 17, 2024, inclusive (“the Class Period”). Investors have until January 17, 2025 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Quanterix Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Quanterix Corporation (“Quanterix” or the “Company”) (NASDAQ: QTRX). The investigation concerns whether Quanterix and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Zeta Global Holding Corp.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Zeta Global Holdings Corp. (“Zeta” or the “Company”) (NYSE: ZETA). The investigation concerns whether Zeta and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Cummins Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the California Central District Court on behalf of those who acquired Cummins Inc. (“Cummins” or the “Company”) (NYSE: CMI) securities during the period of April 30, 2019 to December 21, 2023, inclusive (“the Class Period”). Investors have until December 2, 2024, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Hasbro, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of New York on behalf of those who acquired Hasbro, Inc. (“Hasbro” or the “Company”) (NASDAQ:HAS) securities during the period of February 7, 2022 to October 25, 2023, inclusive (“the Class Period”). Investors have until January 13, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name The Toronto-Dominion Bank
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of New York on behalf of those who acquired The Toronto-Dominion Bank ("TD Bank” or the “Company”) (NYSE: TD) securities during the period of February 29, 2024 and October 9, 2024, inclusive (“the Class Period”). Investors have until December 23, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name WM Technology, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Central District of California on behalf of those who acquired WM Technology, Inc. (“WM Technology” or the “Company”) (NASDAQ: MAPS) securities during the period of May 21, 2021 to September 29, 2024, inclusive (“the Class Period”). Investors have until December 16, 2024, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Huntington Ingalls Industries, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that it is investigating potential claims against Huntington Ingalls Industries, Inc. (“Huntington Ingalls” or the “Company”) (NYSE: HII). The investigation concerns whether Huntington Ingalls and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Marqeta, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Marqeta, Inc. (“Marqeta” or the “Company”) (NASDAQ: MQ). The investigation concerns whether Marqeta and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name MediaAlpha, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against MediaAlpha, Inc. (“MediaAlpha” or the “Company”) (NYSE: MAX) The investigation concerns whether MediaAlpha and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Xerox Holdings Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for Southern District of New York on behalf of those who acquired Xerox Holdings Corporation (“Xerox” or the “Company”) (NASDAQ:XRX) securities during the period of January 25, 2024 to October 28, 2024, inclusive (“the Class Period”). Investors have until January 21, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Flux Power Holdings, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Nevada on behalf of those who acquired Flux Power Holdings, Inc. (“Flux Power” or the “Company”) (NASDAQ: FLUX) securities during the period of November 11, 2022 to September 30, 2024, inclusive (“the Class Period”). Investors have until December 31, 2024, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name PACS Group, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of New York on behalf of those who acquired PACS Group, Inc. (“PACS” or the “Company”) (NYSE:PACS): (a) common stock pursuant and/or traceable to the registration statement and prospectus (collectively, the “Registration Statement”) issued in connection with the Company’s April 11, 2024 initial public offering (“IPO” or the “Offering”); and/or (b) securities during the period of April 8, 2024, to November 5, 2024, inclusive (“the Class Period”). Investors have until January 13, 2025, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Evolv Technologies Holdings, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Massachusetts on behalf of those who acquired Evolv Technologies Holdings, Inc. (“Evolv” or the “Company”) (NASDAQ: EVLV) securities during the period of August 19, 2022 to October 30, 2024, inclusive (“the Class Period”). Investors have until December 31, 2024, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name DMC Global Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against DMC Global Inc. (“DMC Global” or the “Company”) (NASDAQ: BOOM). The investigation concerns whether DMC Global and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Stride, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Stride, Inc. (“Stride” or the “Company”) (NYSE: LRN). The investigation concerns whether Stride and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name CSX Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against CSX Corporation (“CSX” or the “Company”) (NASDAQ: CSX). The investigation concerns whether CSX and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name MGP Ingredients, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against MGP Ingredients, Inc. (“MGP” or the “Company”) (NASDAQ: MGPI). The investigation concerns whether MGP and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Acadia Healthcare Company, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Middle District of Tennessee on behalf of those who acquired Acadia Healthcare Company, Inc. (“Acadia” or the “Company”) (NASDAQ: ACHC) securities during the period of February 28, 2020 to September 26, 2024, inclusive (“the Class Period”). Investors have until December 16, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Edwards Lifesciences Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Central District of California on behalf of those who acquired Edwards Lifesciences Corporation (“Edwards Lifesciences” or the “Company”) (NYSE: EW) securities during the period of February 6, 2024 to July 24, 2024, inclusive (“the Class Period”). Investors have until December 13, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Xiao-I Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of New York on behalf of those who acquired Xiao-I Corporation (“Xiao-I” or the “Company”) (NASDAQ: AIXI) (a) American depository shares (“ADSs”) issued in connection with the Company’s initial public offering conducted on or about March 9, 2023 (the “IPO” or “Offering”); and/or (b) securities between March 9, 2023 and July 12, 2024, inclusive (the “Class Period”). Investors have until December 16, 2024, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name ADMA Biologics, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against ADMA Biologics, Inc. (“ADMA Biologics” or the “Company”) (NASDAQ: ADMA). The investigation concerns whether ADMA and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Elanco Animal Health Incorporated
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Maryland on behalf of those who acquired Elanco Animal Health Incorporated (“Elanco” or the “Company”) (NYSE: ELAN) securities during the period of November 7, 2024 to June 26, 2024, inclusive (“the Class Period”). Investors have until December 6, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name iLearningEngines, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Maryland on behalf of those who acquired iLearningEngines, Inc. (“iLearningEngines” or the “Company”) (NASDAQ: AILE) securities during the period of April 22, 2024 through August 28, 2024, inclusive (“the Class Period”). Investors have until December 6, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Iris Energy Limited
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Eastern District of New York on behalf of those who acquired Iris Energy Limited (“Iris” or the “Company”) (NASDAQ: IREN) securities during the period of June 20, 2023 through July 11, 2024, inclusive (“the Class Period”). Investors have until November 6, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Renewable Innovations, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Utah on behalf of those who acquired Renewable Innovations, Inc. ("Renewable Innovations" or the "Company") (OTC BB: REII) securities during the period of December 1, 2022 through September 14, 2023 inclusive (the "Class Period"). Investors have until November 26, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name SIGA Technologies, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against SIGA Technologies, Inc. (“SIGA” or the “Company”) (NASDAQ: SIGA). The investigation concerns whether SIGA and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Sunlight Financial Holdings, Inc. f/k/a Spartan Acquisition Corp. II et al.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Western District of Texas on behalf of those who acquired Sunlight Financial Holdings, Inc., formerly known as Spartan Acquisition Corp. II (“Sunlight” or the “Company”) (Other: SUNLQ) securities during the period of January 25, 2021 through October 31, 2023, inclusive (“the Class Period”). Investors have until December 2, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name AMMO Incorporated
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Arizona on behalf of those who acquired AMMO Incorporated (“Ammo” or the “Company”) (NASDAQ: POWW) securities during the period of August 19, 2020 to September 24, 2024, inclusive (“the Class Period”). Investors have until November 29, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Paragon 28, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the District of Colorado on behalf of those who acquired Paragon 28, Inc. (“Paragon 28” or the “Company”) (NYSE: FNA) securities during the period of May 5, 2023 through August 8, 2024, inclusive (“the Class Period”). Investors have until November 29, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Terran Orbital Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of Florida on behalf of those who acquired Terran Orbital Corporation (“Terran” or the “Company”) (NYSE: LLAP) securities during the period of August 15, 2023 through August 14, 2024, inclusive (“the Class Period”). Investors have until November 26, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Metagenomi, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Northern District of California on behalf of those who acquired Metagenomi, Inc. (“Metagenomi” or the “Company”) (NASDAQ: MGX) securities during the period from February 9, 2024 through May 1, 2024, inclusive (“the Class Period”). Investors have until November 25, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Revance Therapeutics, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Revance Therapeutics, Inc. (“Revance” or the “Company”) (NASDAQ: RVNC). The investigation concerns whether Revance and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Bumble Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Western District of Texas on behalf of those who acquired Bumble Inc. (“Bumble” or the “Company”) (NASDAQ: BMBL) securities during the period of November 7, 2023 through August 7, 2024, inclusive (“the Class Period”). Investors have until November 25, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Aviat Networks, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Aviat Networks, Inc. (“Aviat” or the “Company”) (NASDAQ: AVNW). The investigation concerns whether Aviat and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Dyne Therapeutics, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Dyne Therapeutics, Inc. (“Dyne” or the “Company”) (NASDAQ: DYN). The investigation concerns whether Dyne and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Napco Security Technologies, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Napco Security Technologies, Inc. (“Napco” or the “Company”) (NASDAQ: NSSC). The investigation concerns whether Napco and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Migom Global Corp.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Southern District of New York on behalf of those who acquired Migom Global Corp. ("Migom” or the “Company”) (OTHER: GRTS) securities during the period of December 6, 2019 and August 25, 2022, inclusive (“the Class Period”). Investors have until December 24, 2024 to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Elastic N.V.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Elastic N.V. (“Elastic” or the “Company”) (NASDAQ: ESTC). The investigation concerns whether Elastic and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Liquidia Corporation
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Liquidia Corporation (“Liquidia” or the “Company”) (NASDAQ: LQDA). The investigation concerns whether Liquidia and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Mynaric AG
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP announces that a class action lawsuit has been filed in the U.S. District Court for the Eastern District of New York on behalf of those who acquired Mynaric AG (“Mynaric” or the “Company”) (NASDAQ: MYNA) securities during the period of June 20, 2024 to October 7, 2024, inclusive (“the Class Period”). Investors have until December 30, 2024, to apply to the Court to be appointed as lead plaintiff in the lawsuit.
- Name Franklin Resources, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Franklin Resources, Inc. (“Franklin” or the “Company”) (NASDAQ: BEN). The investigation concerns whether Franklin and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Globus Medical, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Globus Medical, Inc. (“Globus Medical” or the “Company”) (NYSE: GMED). The investigation concerns whether Globus Medical and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Cardlytics, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Cardlytics, Inc. (“Cardlytics” or the “Company”) (NASDAQ: CDLX). The investigation concerns whether Cardlytics and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Centuri Holdings, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Centuri Holdings, Inc. (“Centuri” or the “Company”) (NYSE: CTRI). The investigation concerns whether Centuri and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name Medpace Holdings, Inc
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against Medpace Holdings, Inc. (“Medpace” or the “Company”) (NASDAQ: MEDP). The investigation concerns whether Medpace and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name DexCom, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against DexCom, Inc. (“DexCom” or the “Company”) (NASDAQ: DXCM). The investigation concerns whether DexCom, and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name MaxLinear, Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against MaxLinear, Inc. (“MaxLinear” or the “Company”) (NASDAQ: MXL). The investigation concerns whether MaxLinear and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
- Name LPL Financial Holdings Inc.
- Type Securities
- Status Investigating
-
The law firm of Kirby McInerney LLP is investigating potential claims against LPL Financial Holdings Inc. (“LPL Financial” or the “Company”) (NASDAQ: LPLA). The investigation concerns whether LPL Financial and/or certain of its officers have violated the federal securities laws and/or engaged in other unlawful business practices.
-
Name
CFTC v. Shak,
No. 14-cv-01632 (D.D.C.). - Type Commodities
- Status Pending
-
Representation of a defendant in a case brought by the CFTC under the Commodity Exchange Act’s newest provisions for violations of an administrative order in the gold futures market.
-
Name
In re Cattle Antitrust Litigation,
No. 19-cv-1222 (D. Minn.). - Type Commodities
- Status Pending
-
Court-appointed executive committee member and class counsel representing cattle producers and cattle futures traders in a lawsuit alleging that the “Big 4” meatpacking firms conspired to suppress prices for fed cattle and manipulated live cattle futures traded on the Chicago Mercantile Exchange.
- Name Dufoe v. DraftKings Inc., et al, 23-cv-10524 (D.Mass.).
- Type Securities
- Status Pending
-
Lead counsel to a class of investors that purchased non-fungible tokens (NFTs) from DraftKings Inc., which operates as a daily fantasy sports contest and sports betting company. The case alleges that DraftKings sold unregistered securities and ensured that money stayed on DraftKings’ private and exclusively controlled marketplace, propping up the market for an overall valuation of DraftKings’ NFTs and significantly harming investors.
-
Name
Macovski v. Groupon Inc.,
No. 20-cv-2581 (N.D. Ill.). - Type Securities
- Status Settled
-
We acted as co-lead counsel in this securities class action alleging that the company made materially false and misleading statements and failed to disclose to investors its financial health before ending its sale of physical goods and announcing the departure of two top executives. The case resulted in a $13.5 million settlement that has received final approval.
-
Name
In re JPMorgan Treasury Futures Spoofing Litigation,
No. 20-cv-03515 (S.D.N.Y.). - Type Antitrust, Commodities
- Status Settled
-
Lead counsel in an antitrust case alleging that J.P. Morgan unlawfully and intentionally manipulated U.S. Treasury Futures or Options on U.S. Treasury Futures traded on United States-based exchanges, including but not limited to the Chicago Mercantile Exchange, including its subsidiary the Chicago Board of Trade, during the Class Period in violation of the Commodity Exchange Act, 7 U.S.C. §§ 1, et seq. (the “CEA”) and the common law. The case resulted in a settlement of $15.7 million.
-
Name
Doyle v. Reata Pharmaceuticals, Inc.,
No. 21-cv-00987 (E.D. Tex.). - Type Securities
- Status Settled
-
We are representing Wespath, the General Board of Pension and Health Benefits of the United Methodist Church, in this securities class action alleging that Reata Pharmaceuticals made false and/or misleading statements — including in connection with its secondary public stock offerings — concerning, inter alia, the FDA guidance regarding the design of the clinical trial (CARDINAL) for Reata’s drug candidate, bardoxolone methyl. When the FDA revealed serious concerns it had previously raised to Reata, the share price declined materially. The case has resulted in a settlement of $45 million.
-
Name
CFTC Whistleblower Award,
No. 21-WB-07 - Type Antitrust, CFTC Whistleblower, Commodities, False Claims Act, Whistleblower
- Status Settled
-
KM represented the whistleblower who received nearly $200 million, the largest CFTC whistleblower award ever and the second largest whistleblower award arising under the Dodd-Frank and IRS whistleblower programs. The information the whistleblower provided catalyzed investigations by the Commodity Futures Trading Commission (CFTC), a U.S. federal regulator, and a foreign regulator into the manipulation of crucial financial benchmarks used by global banks as the basis for the pricing of fixed income securities and derivative products. The CFTC initially rejected the whistleblower’s award application, but KM's advocacy resulted in a successful appeal for the client.
-
Name
Kokareva v. Bristow Group Inc.,
No. 19-cv-00509 (S.D. Tex.). - Type Securities
- Status Settled
-
We acted as co-lead counsel in this securities class action alleging that an aviation services provider, focused on the oil and gas sector, made materially false and misleading statements about its internal controls relating to covenants in the company’s secured financing agreements. The case resulted in a $6.25 million settlement that has received final approval.
-
Name
In re Foreign Exchange Benchmark Rates Antitrust Litigation,
No. 13-cv-07789 (S.D.N.Y.). - Type Antitrust, Commodities
- Status Settled
-
Special fiduciary representation for the exchange-based class for a putative class of participants who traded futures and options in the FX market. The case has already resulted in partial settlements of more than $2.3 billion.
-
Name
In re Resonant Inc. Securities Litigation,
No. 15-cv-01970 (C.D. Cal.). - Type Securities
- Status Settled
-
In re Resonant Inc. Securities Litigation, No. 15-cv-01970 (C.D. Cal. 2017). Co-lead counsel. $2.75 million settlement.
-
Name
Rothstein v. GMAC Mortgage LLC,
No. 12-cv-03412 (S.D.N.Y.). - Type Consumer Fraud
- Status Settled
-
Rothstein v. GMAC Mortgage LLC, No. 12-cv-03412 (S.D.N.Y.). Lead counsel. $13 million settlement against GMAC Mortgage LLC in In re Residential Capital, LLC, No. 12-12020 (Bankr. S.D.N.Y. 2016).
-
Name
In re Hi-Crush Partners L.P. Securities Litigation,
No. 12-cv-08557 (S.D.N.Y.). - Type Securities
- Status Settled
-
In re Hi-Crush Partners L.P. Securities Litigation, No. 12-cv-08557 (S.D.N.Y. 2015). Lead counsel. $3.8 million settlement while class certification was pending.
-
Name
In re LIBOR-Based Financial Instruments Antitrust Litigation,
No. 11-md-02262 (S.D.N.Y.). - Type Antitrust, Commodities
- Status Settled
-
KM filed the first LIBOR manipulation lawsuit on behalf of investors and currently serves as court-appointed co-lead counsel for the exchange-based class alleging the fixing of prices of a benchmark interest rate. The case resulted in settlements totaling $190.45 million, which combined represent the largest recovery in a “futures-only” commodities class action litigation.
-
Name
In re Citigroup Inc Securities Litigation,
No. 07-cv-09901 (S.D.N.Y.). - Type Securities, Structured Finance
- Status Settled
-
Lead counsel for individual investor lead plaintiffs in this securities fraud class action relating to Citigroup’s exposure to losses associated with its creation or sponsorship of numerous collateralized debt obligations (“CDOs”). This case resulted in a settlement of $590 million for the class. The settlement was, at the time, the largest CDO-related settlement ever, as well as the largest settlement of a fraud-only action. A later filed SEC complaint concerning similar allegations settled for a small fraction of the class action settlement amount.
News
Newsday has published an article covering the results of a New York Department of Environmental Conservation (DEC) probe, initiated in 2021, concerning the conduct of Covanta, a waste incineration company, at its Brookhaven landfill in Westbury, Long Island between 2007 and 2013. The probe, which was initiated further to a case brought by KM whistleblower client Patrick Fahey and, later, a Newsday investigation of the alleged conduct, found that the company had indeed repeatedly violated environmental law.
Newsday has published an investigation, relying heavily on documents filed in a whistleblower lawsuit brought by KM-client and former Covanta maintenance employee Patrick Fahey against Covanta Hempstead, Long Island’s leading waste incinerator, which has been dumping ash at the Long Island’s Brookhaven landfill for years. As Newsday reports, for nearly a decade, the company couldn’t be certain that the ash they were dumping at Brookhaven landfill was nonhazardous and engaged in risky and imprecise practices.
Thomson Reuters’ Super Lawyers has recognized five KM attorneys as New York Metro Super Lawyers and four as Rising Stars.
The Second Circuit decision exempts manipulation of US futures exchanges from the Commodities Exchange Act—the main body of law governing such exchanges—provided the conduct is carried out from overseas locations. It poses a fundamental threat to the integrity of those markets, with far-reaching adverse economic consequences for American businesses and consumers.
Thomson Reuters’ Super Lawyers has recognized five KM attorneys as New York Metro Super Lawyers and five as Rising Stars.
The law firm of Kirby McInerney LLP is proud to announce that the Hon. Judge Paul A. Engelmayer of the U.S. District Court for the Southern District of New York has granted final approval of its $15.7 million settlement in In re JPMorgan Treasury Futures Spoofing Litig., No. 1:20-cv-03515 (S.D.N.Y.).
Kirby McInerney announces that its whistleblower client has been awarded nearly $200 million by the whistleblower program of the CFTC. Today’s award is the largest publicly announced single whistleblower award arising under the Dodd-Frank whistleblower reward programs (the CFTC and SEC) as well as under other whistleblower programs including the IRS and the federal and state false claims acts.
The exchange-based investor class, represented by attorneys at Kirby McInerney LLP and Lovell Stewart Halebian Jacobson LLP, won initial approval of a $187 million settlement with Deutsche Bank, JPMorgan and five other big banks in a complex, multidistrict case claiming that the banks rigged the London Interbank Offered Rate benchmark.
A Minnesota federal court ruled Wednesday that some of the country’s largest meatpacking companies, including Tyson and Cargill, will now face consolidated allegations of colluding to drive down prices of cattle used for beef production.
Up next on Judge Buchwald’s docket is the distribution agreement of $182 million worth of deals the exchange-based plaintiffs struck with Bank of America, Barclays, Citibank, Deutsche Bank, HSBC and JP Morgan.
Charles Schwab Corp. and investors in financial instruments tied to the London Interbank Offered Rate on Friday urged the Second Circuit to reinstate claims against a slew of banks over their alleged manipulation of the benchmark, arguing they have proper antitrust standing and that the litigation belongs in U.S. federal courts.
A Manhattan federal judge on Friday approved a $182.5 million settlement between JPMorgan Chase & Co., Citigroup and investors who accuse the two megabanks of rigging a key euro rate, signing off also on a roughly $36 million haul for plaintiffs’ firms that brought the antitrust class action.
Kirby McInerney Partner Mark Strauss is quoted in this article about the Third Circuit’s recent decision that banks can’t push clients out of FINRA arbitration.
A lawsuit that accused GMAC Mortgage of taking kickbacks and overcharging homeowners on force-placed insurance policies has survived a motion to dismiss. GMAC’s mortgage unit will have to face a class action brought by homeowners whose properties it serviced, a U.S. District Court judge for the Southern District of New York ruled Monday.
A New York federal judge on Monday upheld a racketeering class action targeting kickbacks Balboa Insurance Co. allegedly paid to GMAC Mortgage LLC for force-placing hazard insurance policies, saying the lender may have gouged borrowers when demanding reimbursement for coverage.