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Covering the Front and Back Pages of the Newspaper
June 27, 2005
LAW: Hot Water?
The Wall Street Journal ($) and CNN report on what could be big news in my neck of the woods: Federal prosecutors are investigating one of the nation's most aggressive class-action law firms, Milberg Weiss Bershad & Schulman, for alleged fraud, conspiracy and kickbacks in scores of securities lawsuits, and could seek criminal charges against the firm itself and its principals. [snip]
Investigators allege that Mr. Lazar was illegally promised a share in the legal fees that would result from the cases in which he was a plaintiff, according to the indictment. Named plaintiffs in class-action cases can't have a special interest or concealed inducements beyond others in the class. [snip] Most of the cases being investigated were filed before a [1995] change in the law [i.e., the Private Securities Litigation Rerform Act] altered the way law firms jockeyed for the lead in class-action cases. Previously, the first to file a case was assigned the lead, allowing it to control the case and win the highest fees. As a result, many law firms kept a stable of clients to help launch suits quickly. Today, courts usually decide which firm will be given the lead role based on expertise, resources and increasingly, the lowest fees. Comments
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