TRIUMPHS
BG&G
2019: M&M Hart Living Trust, et al. v. Global Eagle Entertainment, Inc., et al., 2:17-cv-1479- PA (C.D. Cal.). BG&G served as co-lead counsel in this securities class action case. The complaint alleged violations of Sections 10(b) and 20(a) of the Exchange Act, and the firm obtained a favorable settlement for the class.
2018: Duncan et. al v. Joy Global Inc., 2:16-cv-1229-pp (E.D. Wisc.). BG&G served as co-lead counsel in this securities class action case. The complaint alleged violations of Sections 14(a) and 20(a) of the Exchange Act, and the firm secured a $20 million settlement for the class.
2017: In re CBD Energy Limited Securities Litig., 4:15-cv-01668 (S.D. Tex.). BG&G served as co- lead counsel in this securities class action case. The complaint alleged violations of Sections 10(b) and 20(a) of the Exchange Act, and the firm secured a favorable settlement for the class.
2016: Hayes v. Magnachip Semiconductor Corp., Case No. 12-CV-1160 (Partial Settlement). BG&G serves as co-counsel in this certified class action pending in the U.S. District Court for the Northern District of California. The complaint alleges violations of 10b and 20(a) of the Securities Exchange Act arising out of the company’s issuance of false financial statements. The parties agreed to a partial settlement of the action for $23.5 million in cash. The case continues against certain controlling shareholder defendants.
2016: Groupon Inc. Securities Litigation, Case No. 1:12cv02450. BG&G was co-counsel in this class action in the U.S. District Court for the Northern District of Illinois. The complaint alleged that the online coupon company misled them in the prospectus and registration statement it released ahead of its initial public offering in 2011. Judge Norgle decided in favor of the plaintiffs and approved a $45 million settlement for Groupon shareholders.
2015: Cole v. Duoyuan Printing, Inc., Case No. 10-CV-7325(GBD). BG&G was co-counsel in this class action in the U.S. District Court for the Southern District of New York. The complaint alleged violations of §§ 11, 12(a)(2), and 15 of the Securities Act of 1933 and §§10b and 20(a) of the Securities Exchange Act arising out of the Company’s issuance of materially false and misleading statements about the Company’s true financial condition and adequacy of the Company’s internal controls. Plaintiffs and the issuer defendants agreed to a partial settlement of $4.3 million cash payment to class members. Plaintiffs and the underwriters agreed to a separate $1,893,750 cash payment to class members. The total settlement was $6,193,750 in cash.
2015: Silvercorp Metals, Inc. Securities Litigation, No. 12-CV-9456 (JSR). BG&G was co-counsel in this consolidated class action in the U.S. District Court for Southern District of New York. The complaint alleged violations of §§10b and 20(a) of the Securities Exchange Act arising out of the Company’s issuance of materially false and misleading financial information. The parties agreed to settle this action for $14 million in cash.
2014: Blitz v. AgFeed Industries, No. 3:11-0992. BG&G was co-counsel in this consolidated class action in the U.S. District Court for the Middle District of Tennessee. The complaint alleged violations of §§10b and 20(a) of the Securities Exchange Act arising out of the Company’s issuance of materially false and misleading financial information. The parties agreed to settle this action for $7 million in cash.
2014: BG&G obtained dismissal of a class action against our client, a national, online prepaid long distance provider. The lawsuit alleged false advertising with respect to applicable fees and charges. The firm obtained successfully defended the class action by obtaining dismissal of all claims.
2014: BG&G won a precedent setting appeal in the New York Appellate Division, First Department, of a $400,000 legal fee judgment against the client. The appellate court adopted the firm’s argument that the trial court improperly granted a judgment to an outgoing attorney for accrued legal fees without the attorney ever having commenced a plenary lawsuit against the client.
2012: Great Wolf Resorts, Inc. Shareholder Litig., No. 7328-VCN (Del. Ch. 2012). BG&G served as Co-Counsel, where the plaintiff class obtained a $93 million increase in merger consideration – representing a 57% premium over the original deal price – and improved the deal terms by negotiating for a waiver of standstill agreements that were precluding potential bidders from making a topping bid for the company.
2012: MannKind Corporation Securities Litigation, No. 11-CV-00929 (GAF) (C.D. Cal.). BG&G co-counseled a securities class action and helped obtain a $22,000,000 settlement. The action alleged that the defendants falsely represented the prospects for its AFREZZA product for the treatment of adult patients with Type 1 and Type 2 diabetes.
2011: Force Protection, Inc. Sec. Litig., 08 CV 845 (D.S.C.). BG&G co-counseled a securities class action and helped obtain a $24 million settlement on behalf of the investor class, which was represented by the firm’s class representative client.
2011: Medicis Pharm. Corp. Sec. Lit., 08 CV 1821 (D.Az.), BG&G co-counseled lead counsel and secured a favorable settlement agreement, which provided an $18 million payment to the shareholder class.
2010: BG&G successfully defended against a consumer class action against one of our telecommunications clients, resulting in a precedential decision and establishing when a class action best serves the interest of a putative consumer class.
2006: BG&G helped its client regain control of the management and facilities of a Dominican Republic based telecommunications carrier which had been “hijacked” by a self-dealing manager.
2005: BG&G tried a $180 million construction cost partnership accounting and obtained a valuable settlement for the client.
2004: BG&G served as Trust counsel to a $42 million bankruptcy liquidation trust. The firm successfully managed a number of complex debtor/creditor related litigations and reduced the Trust’s monthly legal costs by 90%.
2000: BG&G successfully represented a community development corporation and helped block development of a piece of property wrongfully taken from them for purposes other than neighborhood residential use. BG&G eventually recovered $400,000 in compensation. This case involved an appeal and reversal of a decision of the bankruptcy court.
1999: BG&G represented a New York newspaper in a suit where one management group improperly took control of the company. The firm was able to obtain a preliminary injunction and an order that the old management be reinstalled.
1998: BG&G obtained dismissal of a class action brought against a public telecommunications company for false advertising.