In a significant turn of events, NantHealth investors received a major victory as United States District Judge Terry J. Hatter, in an order dated July 30, 2019, granted the motion for class certification. This ruling allows all NantHealth investors meeting the class definition to collectively pursue their claims against the company.​

The class certification, sought by plaintiffs represented by the Kehoe Law Firm, establishes two distinct classes – the Securities Act Class, consisting of those who purchased or acquired NantHealth common stock in or traceable to the Initial Public Offering (IPO), and the Exchange Act Class, comprising individuals or entities who purchased any NantHealth common stock between June 1, 2016, and May 1, 2017.​

John A. Kehoe, Partner with the Kehoe Law Firm, and court-appointed co-lead counsel for the investors, expressed the significance of this development: “The grant of class certification is a crucial step towards achieving justice for NantHealth investors who suffered financial losses. This ruling enables them to join forces and pursue their claims collectively, streamlining the legal process and ensuring that their voices are heard.”​

In response to the class certification, NantHealth has filed a petition with the Ninth Circuit Court of Appeals to review the opinion. Plaintiffs, represented by the Kehoe Law Firm, have vehemently opposed this petition, defending the hard-won class certification as a fair and just representation of the collective interests of affected investors.​

John Kehoe emphasized the commitment to representing the investors: “We will continue to vigorously oppose any challenges to the class certification. Our clients deserve the opportunity to seek redress collectively, and we will fight to ensure that their rights are protected throughout this legal process.” This recent development sets the stage for potential further legal proceedings and reinforces the Kehoe Law Firm’s dedication to pursuing justice on behalf of NantHealth investors.​

For more information about Kehoe Law Firm and its involvement in this matter, please contact John A. Kehoe at [email protected] or call (215) 792-6676.

Kehoe Law Firm Announces that the Court Preliminarily Approved a $9,950,000 Partial Settlement with Citigroup in the FX Indirect Purchaser Litigation

Kehoe Law Firm, on behalf of its client, FX Primus Ltd., announced today that the District Court for the Southern District of New York gave preliminary approval to a partial settlement with Citigroup Inc., Citibank, N.A., Citicorp, and Citigroup Global Markets Inc. (collectively, “Citigroup”), partially settling claims in Contant, et al. v. Bank of America Corp., et al., No. 1:17-cv-03139 (LGS) (S.D.N.Y.)  and consolidated actions.​

Pursuant to terms of the settlement, Citigroup agreed to pay $9,950,000 and provide “reasonable cooperation” in the continued prosecution of the Action against the non-settling defendant banks, as set forth in the Settlement Agreement.​

The lawsuit alleges that prominent financial institutions, including Citigroup, Standard Chartered, Société Générale, Bank of America, Barclays, BNP Paribas, Credit Suisse, Deutsche Bank, Goldman Sachs, HSBC, JPMorgan, Morgan Stanley, RBC, RBS, and UBS (the “Defendants”), conspired to fix foreign currency (“FX”) instrument prices.

According to Mr. Kehoe, “as we continue to prosecute the action against other defendants, the cooperation secured from Citigroup stands as a formidable tool, empowering us to pursue justice and fair compensation for those who may have been affected by the manipulation of foreign currency instrument prices.”  

The court scheduled a final fairness hearing on a future date to be determined by the court. For more information about the case and settlements, please visit the Claims Administrator’s website at: https://www.fxindirectantitrustsettlement.com/ 

For more information about Kehoe Law Firm and its involvement in this matter, please contact John A. Kehoe at [email protected] or call (215) 792-6676.

In a significant development, the United States District Court for the Southern District of New York has denied motions to dismiss for lack of personal jurisdiction filed by several defendant banks in the antitrust class action lawsuit. The case involves allegations of a conspiracy among some of the world’s largest banks to manipulate prices in the foreign exchange (“FX”) market. 

Kehoe Law Firm represents FX Primus Ltd., which asserts that it purchased FX instruments from retail FX dealers at artificially inflated prices due to the alleged manipulation of the FX market by the defendants. The complaint, which alleges violations of state antitrust and consumer protection laws, implicates major financial institutions, including Barclays, BNP Paribas, HSBC, MUFG, RBS, Société Générale, Standard Chartered, UBS AG, and UBS Group AG. 

The court’s decision, outlined in a comprehensive opinion and order, determined that specific jurisdiction could be established for Barclays, BNP Paribas, HSBC, Standard Chartered, and UBS AG, as they were found to have sufficient minimum contacts with the forum state. The same could not be established for MUFG, RBS, and Société Générale. 

The ruling was based on the court’s evaluation of the minimum contacts and reasonableness criteria for establishing personal jurisdiction over the foreign defendants. The court found that none of the factors considered for reasonableness weighed against the exercise of jurisdiction over the defendants who failed to secure dismissal. Factors such as the burden on the defendants, the interests of the forum state, the plaintiff’s interest in obtaining relief, the judicial system’s interest in efficiency, and shared state interests did not render the exercise of jurisdiction unreasonable. 

The court’s decision marks a pivotal development in the ongoing litigation, with some foreign defendants successfully securing dismissal on jurisdictional grounds with the remaining defendants having to continue to face legal proceedings in the Southern District of New York. The case underscores the complexity of jurisdictional challenges in multinational financial litigation, with potential implications for similar lawsuits in the future.​

Kehoe Law Firm partner, John A. Kehoe, expressed satisfaction with the Court’s decision, emphasizing the importance of keeping some of the claims intact. “The ruling acknowledges the validity of certain claims against major banks involved in the alleged FX market manipulation conspiracy. We are pleased that the Court recognizes the merit of our clients’ case, allowing the litigation to proceed against those responsible for potential wrongdoing,” said Kehoe.​

For more information about Kehoe Law Firm and its involvement in this matter, please contact John A. Kehoe at [email protected] or call (215) 792-6676.

Kehoe Law Firm is pleased to announce a landmark settlement has been reached in the Lenovo Laptop Adware Class Action Litigation, captioned, In re: Lenovo Adware Litigation, 4:15-CV-02624 (HSG) (N.D. Ca.). The $8,300,000 settlement, obtained at an advanced stage of the litigation, marks a significant milestone in the pursuit of justice for consumers who purchased Lenovo laptops pre-installed with adware, alleged to have created security risks and affected the laptops’ performance.

Kehoe Law Firm filed this consumer class action on behalf of Sterling International Consulting Group back on February 23, 2015, suing Lenovo Inc. and Superfish, Inc. for alleged violations of federal, California, and New York law. The lawsuit centered around Superfish’s “VisualDiscovery” software, preinstalled on Lenovo laptops, which allegedly caused performance, privacy, and security issues. 

The complaint asserted various claims against Superfish and Lenovo, including violations of the Computer Fraud and Abuse Act, California’s Unfair Competition Law, Consumer Legal Remedies Act, Computer Crime Law, Invasion of Privacy Act, trespass to chattels under California law, New York’s Deceptive Acts and Practices Statute, and trespass to chattels under New York law. Additionally, a Wiretap Act violation is alleged against Superfish. 

The complaint further alleged that the preinstalled software, designed by Superfish Inc., performed a ‘man-in-the-middle attack,’ compromising users’ secure HTTPS pages to inject advertising without their knowledge. These security vulnerabilities were later deemed by Homeland Security to be susceptible to cyberattacks, yet Lenovo allegedly continued to ship affected computers even after consumer complaints surfaced. 

“While this legal journey presented formidable challenges, the $8,300,000 settlement achieved is truly remarkable and reflects a significant win for the affected consumers,” stated John Kehoe, Partner at Kehoe Law Firm. “We are delighted to have represented Sterling International Consulting Group in this groundbreaking class action against Lenovo and Superfish. This resolution not only provides substantial monetary relief but also acknowledges the dedication of our legal team in navigating complex legal and factual issues. Sterling International Consulting Group is very pleased with the outcome, and we, at Kehoe Law Firm, consider it a testament to our commitment to consumer protection and corporate accountability.”​

For more information about the settlement, see the Claims Administrator’s dedicated website available here: https://www.lenovoadwaresettlement.com/​

For more information about Kehoe Law Firm and its involvement in this matter, please contact John A. Kehoe at [email protected] or call (215) 792-6676.

Kehoe Law Firm is pleased to announce a landmark settlement has been reached in the Lenovo Laptop Adware Class Action Litigation, captioned, In re: Lenovo Adware Litigation, 4:15-CV-02624 (HSG) (N.D. Ca.). The $8,300,000 settlement, obtained at an advanced stage of the litigation, marks a significant milestone in the pursuit of justice for consumers who purchased Lenovo laptops pre-installed with adware, alleged to have created security risks and affected the laptops’ performance.

Kehoe Law Firm filed this consumer class action on behalf of Sterling International Consulting Group back on February 23, 2015, suing Lenovo Inc. and Superfish, Inc. for alleged violations of federal, California, and New York law. The lawsuit centered around Superfish’s “VisualDiscovery” software, preinstalled on Lenovo laptops, which allegedly caused performance, privacy, and security issues. 

The complaint asserted various claims against Superfish and Lenovo, including violations of the Computer Fraud and Abuse Act, California’s Unfair Competition Law, Consumer Legal Remedies Act, Computer Crime Law, Invasion of Privacy Act, trespass to chattels under California law, New York’s Deceptive Acts and Practices Statute, and trespass to chattels under New York law. Additionally, a Wiretap Act violation is alleged against Superfish. 

The complaint further alleged that the preinstalled software, designed by Superfish Inc., performed a ‘man-in-the-middle attack,’ compromising users’ secure HTTPS pages to inject advertising without their knowledge. These security vulnerabilities were later deemed by Homeland Security to be susceptible to cyberattacks, yet Lenovo allegedly continued to ship affected computers even after consumer complaints surfaced. 

“While this legal journey presented formidable challenges, the $8,300,000 settlement achieved is truly remarkable and reflects a significant win for the affected consumers,” stated John Kehoe, Partner at Kehoe Law Firm. “We are delighted to have represented Sterling International Consulting Group in this groundbreaking class action against Lenovo and Superfish. This resolution not only provides substantial monetary relief but also acknowledges the dedication of our legal team in navigating complex legal and factual issues. Sterling International Consulting Group is very pleased with the outcome, and we, at Kehoe Law Firm, consider it a testament to our commitment to consumer protection and corporate accountability.”​

For more information about the settlement, see the Claims Administrator’s dedicated website available here: https://www.lenovoadwaresettlement.com/​

For more information about Kehoe Law Firm and its involvement in this matter, please contact John A. Kehoe at [email protected] or call (215) 792-6676.

The Kehoe Law Firm, P.C. is pleased to announce that it has successfully reached a settlement on behalf of its client, the Buffalo Grove Police Pension Fund, in the stockholder derivative action against Navient, Inc. (“Navient” or the “Company”). The settlement includes comprehensive governance reforms designed to prevent and protect against the recurrence of alleged wrongdoings, such as:​

1. 1. Loan Servicing and Collections Compliance Committee: Navient shall maintain a Loan Servicing and Collections Compliance Committee who oversee loan servicing and loan-related collections efforts and internal controls and report to the Board’s Audit Committee.
   2.  Two New Independent Directors and Improved Board Training:  Navient will add two new independent directors to the Board. All new directors will receive training on consumer protection and state collection laws, including annual training on these topics.
   3. New Limits on Board Service: The Chair of the Audit Committee shall not serve on the audit committee of more than one other public company’s board of directors. No director may serve as chairperson of one company’s committee or member of more than three committees.
   4. Greater Authority for Independent Directors: Independent directors will meet in executive session at least four times annually. Independent directors have the authority to request reports from any of the Company’s business units.
   5. ​Greater Disclosure of Risk Oversight Responsibilities: New disclosures regarding the Board’s risk oversight responsibilities. Revision of Board Charters to clearly describe each committee’s risk oversight responsibilities.
   6. ​Code of Business Conduct and Whistleblower Policy: Amendment to the Code of Business Conduct to direct executives and employees to report any loan servicing and collections violations immediately.

These governance reforms aim to enhance oversight, transparency, and accountability within Navient, providing a substantial benefit to the Company and its stockholders.

John Kehoe, Partner at Kehoe Law Firm, P.C., commented on the settlement: “We are pleased with this settlement, which reflects a significant step towards improving corporate governance at Navient. The implemented reforms address key concerns and will contribute to a more transparent and accountable framework, ultimately benefiting the Company and its shareholders.”​

For more information about Kehoe Law Firm and its involvement in this matter, please contact John A. Kehoe at [email protected] or call (215) 792-6676.​

In a significant development for stakeholders involved in the UDF Securities case, the court issued an order on February 21, 2019, approving the settlement and determining the award of attorneys’ fees and reimbursement of litigation expenses. The decision followed the Settlement Hearing held on February 15, 2019. Key Points of the Court order include:​

The court ensured due process by providing notice of the Settlement Hearing to all identifiable Settlement Class Members through approved means, including mailed notices and publications in Investor’s Business Daily and PR Newswire. 

The court approved the $10,435,725 fixed cash payment to the settlement fund and an additional contingent cash payment of $3,000,000. The contingent cash payment is dependent on certain conditions, as outlined in the settlement terms. The court also found the requested attorneys’ fees and litigation expenses to be fair and reasonable, considering the complexity of the case, the efforts invested by Lead Counsel, and the potential benefits to Settlement Class Members.​

Lead Plaintiffs Louis J. D’Annibale, Paul Brown, and Plaintiff Mark Hay were awarded $2,500, $500, and $2,500, respectively, from the Settlement Fund as reimbursement for their incurred costs and expenses related to representing the Settlement Classes. 

This court order marks a pivotal moment in the UDF Securities case, providing clarity on attorneys’ fees, expenses, and plaintiff compensation. According to Partner Michael Yarnoff, “We are pleased with the settlement and the finality it brings to the UDF Securities case. This outcome underscores our commitment to achieving positive results for our clients.” 

For more information about Kehoe Law Firm and its involvement in this matter, please contact Michael Yarnoff at [email protected] or call (215) 792-6676.

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