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Practice
Areas
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| Lieff
Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm
with offices in San Francisco, New York and Nashville. We have affiliations with attorneys worldwide. |
| Since
1972, Lieff Cabraser has successfully represented plaintiffs in individual
lawsuits and class actions in the fields of securities and investment fraud,
personal injury and mass torts, environmental and toxic exposure, non-personal
injury product defect, antitrust, consumer protection, employment discrimination
and unfair employment practices, and civil and human rights. Our comprehensive
and diverse practice is unique among law firms that represent only plaintiffs. |
| For each of the last
four years, the National Law Journal has selected Lieff Cabraser
as one of the top plaintiff law firms in the United States. Below is a
summary of our practice areas. |
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Federal and state antitrust laws
are designed to protect the economy and to promote competition among
businesses by prohibiting price fixing and other forms of anticompetitive conduct.
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| Claims for damages under the federal antitrust laws are ordinarily
limited to businesses or individuals who purchased goods or services directly
from the person or company that violates the antitrust laws. Since most products
pass through the hands of distributors, wholesalers, or retailers before reaching
the consumer, most claims for damages under the federal antitrust laws can only
be brought by businesses, not consumers, that are at the top of the distribution
chain. |
| Many state antitrust laws, however, including California’s, also allow
consumers and other end-users of products to receive compensation resulting
from anticompetitive conduct, even if they did not purchase goods or services
directly from the person or company that violates the antitrust laws. |
| Lieff
Cabraser has played a prominent role in federal litigation under the Sherman
Act on behalf of businesses in numerous markets including prescription drugs,
polypropylene carpets, compact discs, linerboard, carbon fiber, plastic laminates,
flat glass, industrial pigments and vitamins. |
| We have also successfully litigated antitrust claims against
Microsoft Corporation for monopolistic practices, El Paso Gas Co. and wholesale
electric companies for allegedly manipulating the price of energy in California,
and the cosmetics industry for engaging in anticompetitive practices to prevent
discounting of department store cosmetics. |
| For a list of our current antitrust
class actions, click here.
To contact an antitrust attorney
at Lieff Cabraser, click here. |
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Aviation law presents many complex
and challenging issues for practitioners. Specialization in both the
legal and technical aspects of aviation is critical. Lieff Cabraser is uniquely
positioned to handle this complex area of the law. With over 30 years' experience
litigating aviation cases, Lieff Cabraser is willing to consider investigation
and representation of claims for any victim or family of victims involved in
airplane or helicopter accidents, injuries and/or deaths.
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| To learn more about our aviation practice,
please visit Global
Aviation Law.com. |
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State and federal laws provide consumers with broad protection from false
and misleading advertising and unfair or deceptive business acts or practices.
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| Lieff
Cabraser represents consumers in class action lawsuits against some of
the nation's largest corporations seeking to uphold consumer rights. For
example, we succeeded in preventing Wells Fargo Bank from charging customers,
often seniors on fixed income, fees on checking accounts that Wells Fargo had
promised would remain free for the lifetime of the accounts when they were opened. |
| Our lawyers have taken a leading role on behalf of millions
of credit cardholders. We have obtained recoveries for cardholders who were
charged excessive interest, late and over limit fees by their credit card companies,
and halted the promotion and sale to cardholders of "add-on
products" promising
illusory benefits and services. |
| We have also successfully represented homeowners in cases
against title insurance companies for charging fees for services never performed
and against mortgage lenders and loan servicing companies that engaged in deceptive
business practices. |
| For a list of our current consumer protection lawsuits, click
here. To contact a Lieff Cabraser consumer
protection attorney, click
here. |
Defective
Consumer
and Homeowner Products |
| State and federal laws provide consumers with remedies for
products that do not perform as warranted or advertised. We are nationally recognized
for our successful prosecution of lawsuits involving a wide range of such defective
products, from faulty building and home products to defective cars, tires, computers
and electronic products. |
| We have long represented homeowners against
manufacturers of home construction products like siding, shingles and windows
that have failed to perform as promised and warranted. |
| We represented consumers in suits against the manufacturers
of a cement/fiber shingle that was allegedly defectively designed and sold under
the brand names of Cemwood Shakes, Permatek Shakes, Permatek II Shakes, Trieste
Tiles, Pacific Slate, Royal Shakes, or Cascade Shakes. In May 2000, the court
granted final approval to a $105 million partial settlement of the case. In August
2003, the court granted preliminary approval to another settlement of the case,
bringing the total settlements in the Cemwood litigation to $140 million. |
| We also serve as co-lead counsel in a nationwide class action
on behalf of owners of structures on which Weyerhaeuser hardboard siding was
applied at any time from January 1, 1981 through December 31, 1999. In December
2000, the Court granted final approval to a nationwide settlement of the case.
Under the terms of the settlement, Weyerhaeuser will pay all timely, qualified
claims made during a nine year claims program. There is no cap on Weyerhaeuser's
potential total liability. |
| Notable other faulty building and home products cases include
a settlement in 1998 of nearly $70 million on behalf of property owners whose
ABS drainage pipe was allegedly defective and caused property damage by leaking.
Commenting on the work of Lieff Cabraser and co-counsel, California Judge Mark
B. Simons on May 14, 1998 stated, "The attorneys who were involved in the
resolution of the case certainly entered the case with impressive reputations
and did nothing in the course of their work on this case to diminish these reputations,
but underlined, in my opinion, how well deserved those reputations are." |
| For a list of our pending product defect cases, click
here. To contact an attorney at Lieff Cabraser handling defective products
cases, click here. |
| Unfortunately for consumers, it is not uncommon for computer
and computer component manufacturers to produce products with defects or ones
that are falsely advertised as having particular qualities or high standards.
Each year hundreds of recalls occur due to defects in home and desktop computers,
notebooks, monitors, LCD screens, CD, DVD and disc drives, power adapters and
batteries. Lieff Cabraser has successfully represented consumers in a wide range
of cases against major manufacturers involving defective computers and computer
components. |
| Click here
to contact an attorney at Lieff Cabraser handling computer and electronic component
defect cases. |
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| Federal and state anti-employment discrimination laws
prohibit discrimination in the work place based on an employee's race, color,
religion, age, gender, or disability. In addition to overtime pay lawsuits, Lieff
Cabraser has helped employees nationwide challenge discrimination in the workplace
and initiated lawsuits to compensate the victims of discrimination. |
| Among the many successes by Lieff Cabraser on behalf
of employees in employment discrimination class action lawsuits was the representation
of a class of approximately 25,000 female employees of, and applicants for employment
with, Home Depot. In 1998, the Court approved a settlement of the case in which
Home Depot agreed to modify its hiring, promotion and compensation practices,
and paid $87.5 million, one of the highest amounts ever paid in a gender discrimination
case. |
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Joined
with leading civil rights organizations, we successfully prosecuted
a class action lawsuit in federal court alleging that the hiring
and employment practices of Abercrombie & Fitch Co., one of the nation’s
largest clothing retailers, discriminate against Latino, Asian-American and
African-American applicants and employees. |
| Lieff Cabraser attorneys commented on the suit, “For many of the plaintiffs
this was their first foray into the job market. It is tragic that Abercrombie
taught these young adults that workplace discrimination is not just something
in their history books.” |
| Lieff Cabraser also represents employees in overtime pay lawsuits. |
| Sometimes
employers misclassify their employees as "exempt," "managers,"
"executives" or "independent contractors" as a way to
prevent those employees from receiving benefits and overtime. Examples include
people who work in chain restaurants as managers yet are also required to wait
tables and work at the cash register, and IT tech workers who install and maintain
computer software and equipment. |
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Lieff Cabraser has obtained lost wages and benefits for employees in overtime
pay lawsuits, including the successful representation of employees of Denny's,
Carrow's, the advertising firm TMP Worldwide, the California State Automobile
Association, Longs Drug
Stores and computer technicians at Computer
Sciences Corporation. |
| Wage and hour suits also arise when
employers do not pay employees for all hours worked, even though the work performed
is required by the employer and benefits the company. These cases can involve
claims the employer forces employees to work "off
the clock." |
| To
contact an employment lawyer at Lieff Cabraser, click
here. |
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| For
example, Lieff Cabraser represented assembly line workers in the Perdue
Farms chicken plants who had to don, put on and take off and sanitize certain
protective equipment. For
many years, the company did not compensate its employees for this work on the
job. In
2002, the Court granted final approval to a $10 million settlement of the
case. |
| Lieff
Cabraser litigates claims on behalf of employees
and/or retirees alleging interference with their interests under the federal
Employee Retirement Income Security Act (ERISA). Among its provisions, ERISA
recognizes that pension and 401k plan trustees owe fiduciary duties to the participants
and beneficiaries in these plans. |
| We
represented former Pacific Telesis Group and SBC Communications, Inc. employees
who became participants in 401k plans administered by SBC Communications,
Inc. The plaintiffs alleged that SBC liquidated plaintiffs' AirTouch stock
from the 401k plans without providing them with adequate notice of their
rights to retain the AirTouch stock. In 2002, the court granted final approval
to a $10 million settlement of the case. |
| For a list of our current employment law cases, click
here. To contact a Lieff Cabraser employment attorney, click
here. |
Environmental
Law and Toxic Exposures |
| The discharge of toxic chemicals and hazardous materials
into the environment can have a devastating effect on the health, livelihood,
and property values of those in the vicinity. Environmental pollution may occur
over an extended period -- such as the leaking of gasoline from
an underground storage tank that results in groundwater contamination -- or swiftly
and catastrophically from disasters and accidents at oil refineries, transportation
carriers, and coal mining operations, etc. |
| Lieff
Cabraser has prosecuted many environmental law lawsuits, obtaining compensation
for families and property owners harmed by toxic exposures. We were co-counsel
for commercial fishermen, area businesses, property owners, and native Alaskans
who brought claims against Exxon Corporation arising out of the 1989 Exxon Valdez oil spill.
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| We
represented approximately 10,000 individuals allegedly exposed to a series
of toxic releases from a Unocal refinery in Rodeo, California. We also represented
more than 800 pregnant women and their unborn children who were allegedly
fed radioactive iron without their consent while receiving prenatal care
at Vanderbilt University Hospital in the 1940s as part of a government-sponsored
experiment. As a result of our case, the plaintiffs received a monetary
settlement and an apology from Vanderbilt University. |
| In
December 2001, with co-counsel, we reached a settlement on behalf of 69
families in Toms River, New Jersey
and three companies -- Ciba Specialty Chemicals Corporation, Union Carbide
Corporation and United Water Resources, Inc. -- regarding childhood cancer
concerns. Each of the 69 families included a child with cancer, and claimed
that the cancer was caused by environmental contamination in the Toms River. |
| Click here to
learn more about our current environmental law and toxic exposure cases. To contact
an environmental law attorney
at Lieff Cabraser, click here. |
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| Lieff Cabraser has been at the forefront of recent litigation filed in
both United States courts and abroad to remedy the abuses of civil and human
rights or provide recovery for economic losses by persons worldwide. |
| For
several years, we have represented the estates of Holocaust
victims, survivors and family members in cases against Swiss and other
European banks, European insurance companies, and European industrial companies
that used concentration camp inmates as slave laborers. |
| As part of this effort, we served on the Plaintiffs' Executive
Committee that prosecuted and settled the case against Swiss banks. We were also
instrumental in prosecuting Holocaust-era cases against German private enterprise
for using slave and forced labor, and against German (and other) banks and financial
institutions for "aryanizing" the property of victims of Nazi persecution.
Together, settlements in these cases have totaled over $6.3 billion. |
| We are currently representing persons with hemophilia from
around the world in litigation
against the manufacturers of blood factor concentrate contaminated with HIV, along with families of victims of numerous
airplane disasters. |
| To read about our pending international and
human rights cases, click here. To contact
an international law and human rights attorney at Lieff Cabraser, click
here. |
Personal Injury and Wrongful
Death |
| The
laws of most states provide remedies for personal injuries caused by the
negligence of other, including compensation for pain and suffering, lost
wages and past and future medical expenses. |
| A personal injury action is a lawsuit brought by an individual who has suffered
physical or mental harm as the result of the wrongful conduct of another. A wrongful
death action is a lawsuit brought by a deceased person's family or beneficiaries
that alleges the death was attributable to the willful or negligent act of another. |
| Since our founding in 1972, we have handled and resolved thousands of personal
injury and wrongful death cases in state and federal courts throughout the country.
Currently, we are prosecuting scores of lawsuits involving injuries and deaths
resulting from all types of negligent conduct and design defects, including cases
arising out of air disasters and vehicle
rollover accidents. We are also representing
patients who received defective medical devices, contaminated blood products,
and prescription drugs with undisclosed, dangerous side effects. |
| For example, Lieff
Cabraser has successfully represented scores of clients who suffered
serious heart or lung damage after ingesting the diet drugs fenfluramine (Pondimin)
and/or dexfenfluramine (Redux), popularly known as "Fen-Phen." |
| In California, we were appointed to the Plaintiffs' Executive
Committee in the California Coordinated Fen-Phen Proceedings. We were also appointed
to the Plaintiffs' Management Committee to organize and direct all Fen-Phen cases
filed in federal court. |
| On
August 28, 2000, in the federal diet drug cases, the United States District
Court approved a settlement with American Home Products Corporation, the
manufacturer of two diet drugs, valued at $4.75 billion for up to six million
consumers. Our attorneys continue to represent fen-phen patients who have
developed serious injuries. |
| To learn more about our personal
injury cases, click
here. To contact an attorney at Lieff Cabraser experienced in personal injury
and wrongful death cases, click
here. |
Securities & Investment
Fraud |
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Federal and state laws provide individual and institutional investors
with remedies for securities fraud by companies issuing securities, their
officers and directors, underwriters, and accounting and other professionals
who may be involved in the fraud. Common claims include "fraud on
the market," where a company artificially inflates or maintains the
market price of its stock by misrepresenting or failing to disclose the
company's true financial performance.
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| Lieff Cabraser is nationally recognized for its representation
of shareholders in cases alleging violations of federal securities laws by major
corporations and their directors, including many of the most publicized financial
frauds arising out of Silicon Valley. |
| For
example, we served as co-lead counsel in class action suits arising out
of an alleged fraudulent scheme by Scorpion Technologies, Inc., certain
of its officers, accountants, underwriters and business affiliates to inflate
the company’s earnings through reporting fictitious sales. |
| In
April 2002, a federal jury in San Francisco, California returned a $170.7
million verdict against Edsaco Ltd. The jury found that Edsaco aided Scorpion
in setting up phony European companies as part of scheme in which Scorpion reported
fictitious sales of its software to these companies, thereby inflating its earnings.
Included in the jury verdict was $165 million in punitive damages. |
| The verdict against Edsaco constituted one of the largest
verdicts in the U.S. in 2002. Subsequently, the parties reached a settlement
of the action on favorable monetary terms to the class, which included Edsaco's
relinquishment of its right to appeal and plaintiffs' agreement to vacate the
jury verdict. |
| Not
all of our securities cases are brought on behalf of individual investors.
We also represent individuals with substantial claims, venture capitalists, institutional
investors, government agencies and entities, and public pension plans.
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| To learn more about our securities
practice, please click
here. To contact a securities and investment fraud lawyer at Lieff Cabraser, click here. |
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Important Note: This summary is intended to provide a basic overview
of typical cases of our firm. It is for informational purposes only and
does not constitute legal advice. Please read our disclaimer. |
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San
Francisco
Embarcadero Center West
275 Battery St., Ste 3000
San Francisco, CA 94111-3339
Tel. (415) 956-1000
Fax. (415) 956-1008
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New
York
780 Third Avenue
48th Floor
New York, NY 10017-2024
Tel. (212) 355-9500
Fax. (212) 355-9592
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Nashville
One Nashville Place
150 4th Ave N., Ste 1650
Nashville, TN 37219-2423
Tel. (615) 313-9000
Fax. (615) 313-9965 |
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Copyright 2007 Lieff Cabraser Heimann & Bernstein, LLP |
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