Recent and current matters:

• In re TikTok, Inc., Minor Privacy Litigation. Court-appointed sole Executive Committee member in multidistrict litigation on behalf of putative classes of children under 13, arising out of TikTok’s alleged collection of children’s personal information without parental consent and commercial exploitation through behavioral advertising. SGT filed the first private action in the country over this conduct, which led to the MDL. U.S. District Judge George H. Wu denied TikTok’s motion to dismiss in substantial part, allowing the case to proceed. (MDL No. 2:25-ml-03144, C.D. Cal.)
• Hubbard v. Google LLC and YouTube LLC. Class action on behalf of an estimated 35 million to 45 million children under 13, alleging that Google and YouTube collected their personal information without parental consent and used it to target them with advertising for financial gain. SGT won a unanimous reversal in the U.S. Court of Appeals for the Ninth Circuit, which held that state-law remedies for conduct that violates COPPA are not preempted. The action settled for $30 million, the largest known private recovery for conduct related to COPPA. (Case No. 5:19-cv-07016, N.D. Cal.)
• AllianzGI Structured Alpha Mutual Fund Litigation. Action on behalf of a class of investors in mutual funds managed by Allianz Global Investors U.S. LLC alleging violations of the Securities Act based on AllianzGI’s failure to follow its stated investment strategy and risk management protocols, resulting in a settlement for $145 million. (Jackson v. Allianz Global Investors U.S. LLC, Sup. Ct., N.Y. Cnty., 651233/2021)
• AllianzGI Structured Alpha Hedge Fund Litigation. Action on behalf of investors in a series of hedge funds managed by Allianz Global Investors U.S. LLC alleging that AllianzGI failed to follow its stated investment strategy and risk management protocols in breach of its duties to investors, resulting in a series of confidential settlements on behalf of retirement and pension funds and other institutional investors. (Retirement Program for Employees of the Town of Fairfield, et al v. Allianz Global Investors U.S. LLC, S.D.N.Y., 20-cv-5817; In re AllianzGI Structured Alpha Class Action Litigation, S.D.N.Y., 20-cv-7154)
• Underwood v. Coinbase Global, Inc. Court-appointed co-lead counsel for a putative class of Coinbase users, alleging that Coinbase sold unregistered securities. The Second Circuit Court of Appeals reversed the dismissal of class claims, and on remand, U.S. District Judge Paul A. Engelmayer denied Coinbase’s motion for judgment on the pleadings. The Court subsequently granted partial summary judgment in plaintiffs’ favor, finding that Coinbase was the “statutory seller” of certain digital tokens, and the action is proceeding on claims under the Securities Act and state “blue sky” laws. (Case No. 1:21-cv-08353, S.D.N.Y.)
• Value Drug Company v. Alkermes, Inc. et al. Action by direct purchasers alleging Walker Process fraud in violation of section 2 of the Sherman Act. The district court denied defendants’ motion to dismiss in substantial part large part, allowing the case to proceed. (Case No. 1:25-cv-12872, D. Mass.
• In re Victoza (liraglutide) Antitrust Litigation. Action by direct purchasers alleging generic delay scheme in violation of section 2 of the Sherman Act, resulting in overcharges for brand and generic purchases. (Case No. 1:26-cv-420, E.D.N.Y.)
• In re EpiPen Direct Purchaser Litigation. Direct purchaser action alleging that Mylan (now Viatris) and the nation’s three largest pharmacy benefit managers – Express Scripts, CVS Caremark, and Optum – inflated prices of the drug EpiPen in violation of RICO and the antitrust laws. The court largely sustained the claims through three rounds of dispositive motions and upheld novel RICO theories. Confidential settlements were reached with Mylan and Express Scripts, and the action is currently proceeding against the remaining pharmacy benefit managers. (Case No. 20-cv-00827, D. Minn.)
• A.B. v. Google LLC (Android Designed for Families). Action on behalf of a class of a class of children who used apps in Google’s now-shuttered Designed for Families program, alleging that Google collected their personal information without parental consent and monetized the information for behavioral advertising purposes, despite representing that the apps were safe for children and complied with the law. The action settled for $8.25 million. (Case No. 5:23-cv-03101, N.D. Cal.)
• Huertas v. Aeropres Corp. (Bayer Lotrimin and Tinactin). Settlement on behalf of a class of purchasers of Lotrimin and Tinactin antifungal sprays alleged to be contaminated with the carcinogen benzene. After the district court twice dismissed the case, the Third Circuit unanimously reversed. The ruling set precedent that consumers who buy contaminated products suffer economic injury. ($4.85 million) (Case No. 2:21-cv-20021, D.N.J.)
• Zaluda et al. v. Apple Inc. Action against Apple alleging Apple’s Siri voice assistant creates, collects, stores, and uses the voiceprints of Apple device users without consent in violation of the Illinois Biometric Information Privacy Act, 740 ILCS 14/, et seq. (Case No. 2019-CH-11771, Circuit Court of Cook County, Illinois, Chancery Division)
• Little et al. v. Unilever United States, Inc. et al. Court appointed co-lead counsel in action against Unilever United States, Inc. and its manufacturers and suppliers on behalf of putative classes of purchasers of products contaminated with the carcinogen benzene. (Case No 3:22-cv-01189, D. Conn.)

Prior matters:

• Dodona I, LLC v. Goldman, Sachs & Co. Settlement on behalf of a class of investors alleging violations of the Exchange Act and state law in Goldman Sachs’ structuring and marketing of collateralized debt obligations. ($27.5 million) (Case No. 10-cv-07497, S.D.N.Y.) *
• Nationwide Mutual Insurance Co. v. O’Dell. Settlement on behalf of a class of policyholders, alleging Nationwide failed to offer underinsured and uninsured motorist coverage required by statute. ($75 million) (Case No. 00-C-37, W. Va. Cir. Ct., Roane County) *
• Spencer v. The Hartford Financial Services Group, Inc. Settlement on behalf of a class of annuitants alleging civil RICO and fraud claims arising out of The Hartford’s alleged practices in failing to provide the full value of structured settlement annuities. ($72.5 million) (Case No. 05-cv-1681, D. Conn.) *
• Smith v. Collinsworth. Settlement on behalf of a class of policyholders against United American Ins. Co. and its affiliates over the sale of limited-benefit health insurance. ($30 million) (Case No. CV2004-72-2, Cir. Ct. Saline County, Ark.) *
• Becker v. American Family Life Assurance Company of Columbus and AFLAC, Inc. Settlement on behalf of a class of policyholders against AFLAC, Inc. concerning AFLAC’s adjustment practices and limited benefits under supplemental disability income policies. ($7 million) (Case No. 05-2101, D.S.C.,) *

Representative complex commercial litigation matters*:

• Prosecuted civil RICO claims by credit card issuing bank against an online service provider and its merchant bank alleging improper transactions, resulting in a substantial settlement in bank’s favor.
• Established liability against a lender and clearing bank under UCC Article 8, in a case of first impression under New York law, based on collusion with a broker-dealer.
• Defended a card issuing bank against a major credit card network, avoiding enforcement of a long-term contract predicated on anticompetitive conduct under the Sherman Act. The action settled for a nominal sum.
• Prosecuted squeeze-out claims for a minority shareholder in a cable communications company, resulting in a substantial settlement in plaintiff’s favor.
• Prosecuted claims arising from the sale of a healthcare software program to a venture capital-backed acquisition company, resulting in a substantial settlement in plaintiff’s favor.
• Won dismissal on summary judgment of a multimillion-dollar claim for shareholder compensation, profits, and retirement benefits under a corporate shareholder agreement.
• Prosecuted multiple actions by the Pennsylvania Insurance Commissioner on behalf of insurers in insolvency and liquidation proceedings.

* Results achieved at a prior firm