Cases


NOTABLE REPRESENTATION



Robbins v. Kroger Properties, Inc., 116 F.3d 1441 (11th Cir. 1997)
In this securities fraud case against a former big six accounting firm, Mr. Fleischman obtained a verdict of $81.3 million after a five-week federal trial.


Novak v. Kasaks, 216 F.3d 300 (2nd Cir. 2000)
Mr. Fleischman litigated and argued before the Second Circuit this significant decision, which established precedent as to the appropriate pleading standard under the Private Securities Litigation Reform Act of 1995 (‘PLSRA’) and as to the disclosure of confidential informants, and has been cited and followed by courts throughout the United States.


In re Marsh & McLennan Companies, Inc. Securities Litigation, 2009 U.S. Dist. LEXIS 120953, 2009 WL 5178546 (S.D.N.Y.)
In this federal securities class action that took over four years to successfully complete, it was alleged that the company, its officers, directors, auditors and underwriters participated in a fraudulent scheme involving, among other things, bid-rigging and secret agreements to steer business to certain insurance companies in exchange for ‘kick-back’ commissions. Mr. Fleischman spearheaded the litigation team and, working closely with the Ohio Attorney General’s office and state pension funds, achieved a $400 million settlement on behalf of the firm’s clients co-lead plaintiffs the Ohio Public Employees Retirement System and the State Teacher’s Retirement System of Ohio. This settlement represents the 25th largest securities class action settlement to date under the PSLRA.


U.S. v. Heath, 970 F.2d 1397 (5th Cir. 1992)
Chief trial lawyer in four month long nationally recognized complex financial fraud trial that resulted in 30 and 20 year sentences.


U.S. v. Capozziello, 930 F.2d 909 (2nd Cir. 1991)
Chief trial lawyer in successful five-week extortion trial.


U.S. v. Rokofsky, 920 F.2d 930 (5th Cir. 1990)
Co-chief trial lawyer in month long trial.


In re Satyam Computer Services Ltd. Securities Litigation, No. 1:09-MD-02027-JPO (S.D.N.Y.)
In this case involving India’s own version of "Enron," the plaintiff shareholders alleged that Satyam CEO Rama Raju, his brother and board chairman Ramalinga Raju, and other senior officers concocted nearly $1 billion worth of false customer contracts, created false invoices for the contracts and booked fictitious revenues based on these contracts. Mr. Fleischman and a team of other lawyers obtained a settlement comprising a cash payment of $125 million and 25 percent of any recovery should the company decide to sue its auditor, PricewaterhouseCoopers (which prepared and signed the misleading audit reports).


In re TASER International Securities Litigation, No. C05-0115 (D. Ariz.)
Mr. Fleischman was co-lead counsel on behalf of purchasers of TASER common stock who alleged that the defendants violated the federal securities laws by making material misrepresentations and/or material omissions about, inter alia, the safety of TASER’s weapons, the findings of studies concerning them, and the independence of such studies. A settlement of $20 million was achieved.


MacAndrews & Forbes Group v. Gagosian, et al., Index No. 653189/2012 (N.Y. Sup Ct.)
Gagosian Gallery, Inc. v. Perelman, et al., Index No. 653181/2012 (N.Y. Sup. Ct.)
The Firm represented a prominent art collector in a dispute over the value of art obtained in a series of purchases and trades.

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