Some examples of the cases handled by The Mogin Law Firm, P.C. or its managing attorney:
Containerboard Products Antitrust Litigation
Co–lead counsel (Rule 23(g)) in nationwide Sherman Act certified class action for direct purchaser class involving price- fixing and supply restriction claims against the major integrated producers of containerboard and corrugated products. Pending (partial settlements). 775 F. Supp. 2d 1071 (ND IL 2011) ; 306 F.R.D. 585 (ND IL 2015).
In Re Aluminum Warehousing Antitrust Litigation
Co-counsel for direct action (opt-out) individual plaintiffs, including Eastman Kodak, Mag Instruments, Agfa Graphics and Fujifilm, in MDL 2481 alleging Sherman Act violations by financial institutions to fix the spot price of delivered aluminum by restricting supply flowing from key London Metal Exchange-certified warehouses. (Pending)
In Re Foreign Exchange Benchmark Rates Antitrust Litigation
Represent proposed plaintiff class in Sherman Act case alleging conspiracy to fix prices of currencies in the foreign exchange market. Expert witness and econometrics issues. (Pending, partial settlements in excess of $2 billion). 74 F. Supp. 3d 581 (SDNY 2015).
California CARB Gasoline Antitrust Litigation
Co-lead counsel, representing a statewide certified class of over 24 million consumers, in this Cartwright Act and Unfair Competition Act case involving price-fixing and supply restriction claims against the nine major refiners, distributors and retailers of California’s “CARB” gasoline. 1998 1 Trade Cas. (CCH) ¶72,080 and 25 Cal 4th 826.
In Re DRAM Antitrust Litigation
Co-lead counsel (Rule 23(g)) for class of indirect purchasers in MDL 1486 involving an international price-fixing cartel in the memory industry. Settled for over $310 million.
Smokeless Tobacco Antitrust Cases
Co-liaison counsel in this JCCP class action alleging monopolization. Settlement of $96 million cash.
Vitamin Cases Antitrust Litigation
Member of the Executive Committee in this Cartwright Act price-fixing action brought on behalf of a statewide consumer class against an international cartel. Settlement of $96 million cash. 107 Cal. App. 4th 820.
Microsoft Antitrust Litigation
Member of the Court-appointed Executive Committee responsible for prosecution of the JCCP coordinated class actions on behalf of a certified class of Windows and other applications end-users. Settlement of $1.1 billion.
Brand Name Prescription Drug Antitrust Litigation
Represented a certified national class of retail pharmacies in MDL 997 class action under the Sherman (Antitrust) Act that challenged the pricing policies and practices of over 30 of the largest manufacturers and distributors of prescription drugs. Settlements of over $750 million cash and a precedent-setting injunction were achieved.
San Diego MLS Antitrust Litigation
Lead counsel (Rule 23(g)) in this Sherman Act case involving the San Diego real estate multiple listing service. Settlement of approximately $7.5 million. 225 F.R.D. 616.
In Re Circular Thermostat Litigation
Co-lead counsel for certified class n MDL 1673 (remanded) and multi-state action alleging monopolization and concerted conduct to abuse of Intellectual property rights and foreclose entry into key thermostat sub-market. Settled. 241 Cal. App. 4th 1472 (2015).
Department Store Cosmetics Cases Antitrust Litigation
Member of Executive Committee representing a class of consumers alleging price-fixing claims against the nation’s largest department store chains and the major manufacturers of prestige beauty products. Settlement of approximately $200 million, including precedent-setting nationwide distribution of free prestige cosmetic products.
In Re Drill Bits Antitrust Litigation
Initiated the first lawsuit and served as a member of the court-appointed Steering Committee and as a member of plaintiffs’ pretrial group in this Sherman Act action on behalf of a national class of purchasers of “rock bits” used in oil and gas drilling. Settlement of over $53 million.
Los Angeles Retail Milk Price-fixing Litigation
Member of Steering Committee and one of four court-appointed Plaintiffs’ Settlement Counsel representing a certified class of consumers in this Cartwright Act case involving price-fixing claims against the 7 largest supermarket chains in the Los Angeles area. Settlements of $19 million.
In Re Citric Acid Antitrust Litigation
The Mogin Law Firm, P.C. was selected to represent the prestigious American Antitrust Institute as amicus curiae before the United States Court of Appeals for the Ninth Circuit in MDL 1092.
California Indirect Purchaser Infant Formula Antitrust Litigation
Member of the Executive Committee in this Cartwright Act price-fixing action brought on behalf of a statewide class of infant formula consumers. Over $19.8 million was recovered for the class, including $13.9 million in nutritional products to be distributed free of charge to needy families throughout California.
In Re Ticket Service Charge Antitrust Litigation
Plaintiffs’ class counsel in this Cartwright Act action brought on behalf of a statewide class of purchasers of tickets to various events, such as concerts, sporting events, theater, etc. The action challenged a number of alleged anti-competitive practices of ticket service companies on behalf of consumers. The case settled for over $4.5 million, including $3 million in event tickets for charitable purposes, and significant injunctive relief.
Compact Disk Antitrust Cases
Co-lead counsel in this JCCP class action challenging the music industry’s Minimum Advertised Pricing (“MAP”) policies.
Automotive Refinishing Paint Cases
Executive Committee member in this JCCP class action alleging price-fixing. Cash Settlements of over $9.4 million.
Mogin Law Firm Consumer Protection & Human Rights Cases
Japanese POWS Slave Labor Litigation
In 2002, The Mogin Law Firm, P.C. was associated into these combined class and mass action cases by several prestigious national law firms to assist them with certain class action matters on behalf of the heirs of U.S. military who were captured in the Philippines during WWII, survived the Bataan Death March, were shipped to Japan and forced into slave labor in mines for private companies.
Hopi Village of Shungopavi
Mr. Mogin has represented members of the Hopi Native American tribe (the Hopi Village of Shungopavi) in litigation related to tribal sovereignty and the tribal constitution. He has appeared in Hopi Tribal Court as well as in federal District Court and the Ninth Circuit on their behalf.
Intel Benchmark Consumer Protection Litigation
Co-lead counsel in this national class action consumer protection case alleging false advertising, unfair competition and consumer protection statute violations against the world’s largest manufacturer of computer chips in connection with certain benchmark test results. Settlement valued in excess of $25 million.
Old Republic Title Escrow Practices Litigation
Executive Committee member in this consumer protection class action alleging false advertising, unfair competition and consumer protection statute violations against the one of the nation’s largest title and escrow companies in connection with its policy of retaining interest earned on customer escrow accounts and other escrow practices. Verdict of $14 million sustained on appeal.
Voicemail Consumer Protection Litigation
Co-lead counsel representing a certified class of business subscribers to certain Pacific Bell voicemail services in this consumer protection class action alleging false advertising, unfair competition and consumer protection statute violations in connection with the alleged imposition of hidden charges. $42 Million settlement.
Sears-Consolidated Consumer Protection Litigation
Lead counsel on behalf of a certified class of consumers alleging numerous false advertising, unfair competition and consumer protection statute violations in connection with the sale of defective furnaces. Settlement in excess of $14 million.
Mervyn’s of California Overtime Litigation
The Mogin Law Firm, P.C. and another law firm were engaged by a large regional law firm to assist with certain class certification proceedings after the trial court denied class certification and the defendant began an unsupervised extrajudicial “settlement” program with class member employees. Within 60 days the court was persuaded to reverse itself and granted certification, allowing the plaintiff class to avoid an immediate appeal. The case settled shortly thereafter with a class of managers receiving back overtime pay.
MOGIN LAW FIRM Investment CASES
Private Equity Litigation
Represented investment banking and warrant-holder clients in securities and fiduciary duty action against Wall Street private equity firm. Confidential settlement.
MetLife PERCS Litigation
Engaged by law firm with national reputation in securities and insurance investment matters in this mass action case alleging a Ponzi scheme in the sale of non-qualified deferred compensation plans. Pending.
Drexel/Milken Daisy Chain Securities Litigation
Mr. Mogin initiated, litigated and coordinated prosecution of 11 separate class and derivative actions involving the investment banking firm of Drexel Burnham Lambert and the head of its junk bond operations, Michael Milken, including MDL 834, MDL 871, MDL 880 and MDL 901. These actions were filed in state and federal courts throughout California and some were later joined by the Federal Deposit Insurance Corporation and the Resolution Trust Corporation. Mr. Mogin served as one of a core group of “Pooled Claims Counsel.” The Pooled Claims resulted in settlements valued at over $2.5 billion. The Drexel and Milken portions of the Class A settlements involving cases handled by Mr. Mogin exceeded $225 million. Approximately $100 million was also recovered from other defendants, including the alleged “auditor of choice” of the Drexel Daisy Chain as well as directors and officers of the many companies involved.
In Re Alco International Group, Inc. Securities Litigation
Co-lead counsel in this class action involving claims under the Securities Exchange Act of 1934 against directors and officers of a medical technology company involving allegations of stock manipulation and financial reporting fraud. Judgment of over $27 million.
In Re Thortec Securities Litigation
Class action involving claims under the Securities Act of 1933 and the Securities Exchange Act of 1934 against directors, officers and auditor. The case resulted in a $19.5 million settlement on behalf of purchasers of the company’s securities.
In Re Cousins Securities Litigation
Class action involving claims under the Securities Exchange Act of 1934 and the Securities Act of 1933 against directors and officers arising from initial public offering. Over $13.5 million recovered on behalf of purchasers of the company’s common stock. This case was the underlying action in the Supreme Court’s decision in Music, Peeler & Garrett v. Employers Insurance of Wausau, 113 S. Ct. 2085 (1993).
Newhall Land and Farming Co. Class and Derivative Litigation
State and federal actions related to proxy fight, “poison pill” and lock-up option. The lawsuits forced a corporate restructuring valued to the plaintiff class at over $100 million.
PLM Roll-up Litigation
Co-trial counsel in these state and federal actions alleging breach of fiduciary duty arising from “roll-up” or consolidation of limited partnerships in exchange for stock. This action also involved bankruptcy proceedings and insurance coverage actions. This is believed to be the first case involving limited partnership roll-ups to have been successfully litigated by a class of limited partners. It is also the first time that an investment bank paid a portion of the settlement based upon a fairness opinion where it was allegedly covered by an indemnification agreement. Over $15 million recovered for the plaintiff class on the eve of trial.
In Re Media Vision Technology Securities Litigation
Class counsel in this class action on behalf of stock and debenture purchasers involving claims of massive financial reporting fraud brought under the Securities Exchange Act of 1934 against directors, officers and underwriters of a multimedia computer product manufacturer. Settlements of over $28 million achieved.
MOGIN LAW FIRM INTERNATIONAL BUSINESS AND ENERGY CASES
The Mogin Law Firm, P.C.’s clients have included a former President of Mexico and his associates in connection with their business activities in the United States. We also collaborate with them on competition law and complex litigation matters involving Mexico.