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Court asked to uphold BP settlement approval
Press Release |
2013/09/09 12:04
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Plaintiffs' attorneys who brokered a multibillion-dollar settlement with BP following the company's 2010 Gulf oil spill have asked a federal appeals court to uphold a judge's approval of the deal.
Only a "paltry few objectors" have raised the "narrowest of concerns" about the settlement that U.S. District Judge Carl Barbier approved in December 2012, private lawyers said in a filing Tuesday with the 5th U.S. Circuit Court of Appeals.
"None of them complain of their compensation calculations, identify what compensation they are entitled to under the Settlement, or define what other or greater compensation they believe they should receive," the attorneys wrote.
On Friday, BP attorneys argued that a three-judge panel of the 5th Circuit should overturn Barbier's approval order if the company's separate appeal of more recent rulings on settlement terms is unsuccessful. BP argues that Barbier misinterpreted the settlement and has allowed businesses to receive hundreds of millions of dollars for inflated or fictitious claims.
A different 5th Circuit panel heard the company's appeal in July but hasn't ruled yet. BP said it would still support Barbier's approval of the settlement if its appeal is successful.
Although Tuesday's brief doesn't explicitly address that dispute, plaintiffs' lawyers said BP initially was "thrilled" with how claims were being processed. They previously have argued that BP undervalued the settlement and underestimated how many claimants would qualify for payments.
Court-supervised claims administrator Patrick Juneau's office has made more than $4.5 billion in settlement offers to more than 55,000 Gulf Coast businesses and residents who claim the spill cost them money. |
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Brower Piven Announces Summary Notice of Proposed Settlement of Class Action
Press Release |
2012/03/09 09:40
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SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
All Persons and Entities Who Purchased Inyx, Inc. Common Stock Between April 1, 2005 and July 2, 2007, Inclusive.
This Summary Notice is given pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of the United States District Court for the Southern District of New York (the "Court"), dated February 9, 2012. The purpose of this Summary Notice is to inform you of the proposed settlement of the above-entitled class action (the "Action") against defendants Inyx, Inc., Jack Kachkar, Rima Goldshmidt, and Jay M. Green.
A Settlement Hearing will be held before the Hon. P. Kevin Castel, United States District Judge, at the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street New York, NY 10007, at 11:30 a.m. on May, 4, 2012 in order: (1) to determine whether the Settlement consisting of no less than $600,000.00 (US) and no more than $1,100,000 (US) in cash should be approved as fair, reasonable, and adequate to the Class and the proposed Judgment entered; (2) to determine whether the proposed Plan of Allocation for the proceeds of the settlement is fair and reasonable, and should be approved by the Court; (3) to determine whether any applications for attorneys' fees not to exceed 35% of the settlement Fund and reimbursement of litigation expenses not to exceed $110,000.00 (US) to Class Counsel should be approved; and (5) to rule upon such other matters as the Court may deem appropriate.
If you purchased the common stock of Inyx, Inc. between April 1, 2005 and July 2, 2007, inclusive, and are not otherwise excluded from the Class, you are a Class Member. Class Members will be bound by the final Judgment of the Court. If you are a Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim postmarked no later than June 8, 2012, establishing that you are entitled to recovery. If you are a Class Member and need a Proof of Claim, copies may be obtained by telephoning the Claims Administrator at (800) 231-1815 or by downloading the form on the Internet at www.gcginc.com.
If you do not wish to be included in the Class and you do not wish to participate in the proposed Settlement, you may request to be excluded in the manner set forth in the full Notice of Proposed Settlement of Class Action ("Notice"), no later than April 9, 2012. If you are a Class Member, and you do not request exclusion from the Class, you may make written objection(s) to the Settlement, the Plan of Allocation or Class Counsel's request for an award of attorneys' fees and reimbursement of expenses by following the procedures set forth in the Notice. If you make a written objection, you also may appear at the Settlement Hearing. You must file and serve your written objection, in the manner specifically set forth in the Notice, no later than April 9, 2012.
This is only a summary notice. The full Notice of Proposed Settlement of Class Action may be accessed at: www.gcginc.com.
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Robbins Geller Rudman & Dowd LLP Files Class Action
Press Release |
2012/03/01 10:21
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Robbins Geller Rudman & Dowd LLP today announced that a class action has been commenced in the United States District Court for the Southern District of New York on behalf of purchasers of CNOOC Limited American Depositary Shares (“ADSs”) during the period between January 27, 2011 and September 16, 2011.
If you wish to serve as lead plaintiff, you must move the Court no later than 60 days from today. If you wish to discuss this action or have any questions concerning this notice or your rights or interests, please contact plaintiff’s counsel, Darren Robbins of Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at djr@rgrdlaw.com. If you are a member of this class, you can view a copy of the complaint as filed or join this class action online at http://www.rgrdlaw.com/cases/cnooc/. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member.
The complaint charges CNOOC and certain of its officers and directors with violations of the Securities Exchange Act of 1934. CNOOC is China’s biggest offshore state oil company. CNOOC co-owns the Penglai 19-3 (“PL 19-3”) oilfield in northern Bohai Bay with ConocoPhillips China Inc. (“ConocoPhillips”) as its operator.
The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company’s business and financial results. As a result of defendants’ false statements, CNOOC’s ADSs traded at artificially inflated prices during the Class Period, reaching a high of US$270.64 per ADS on April 4, 2011.
On June 4, 2011, an oil spill occurred at the PL 19-3 oilfield. A second spill occurred at the PL 19-3 oilfield on June 17, 2011. The complaint alleges that CNOOC and ConocoPhillips failed to disclose the spills when they occurred. However, despite CNOOC’s attempts to conceal the news, news of the spills began to leak into the market. On July 5, 2011, the State Oceanic Administration (“SOA”), China’s coastal regulator, officially acknowledged the spills had occurred. Thereafter, CNOOC downplayed the extent of the damage done by the oil spills and the impact it would have on CNOOC’s operations. On September 2, 2011, the SOA announced that it had ordered CNOOC and ConocoPhillips to immediately suspend all oil production at the PL 19-3 oilfield. On September 6, 2011, it was announced that CNOOC and ConocoPhillips would establish a Bohai Bay fund to address the environmental impact of the oil spills. On this news, CNOOC’s ADSs declined US$9.39 per ADS on September 6, 2011. Then, on September 18, 2011, it was announced that CNOOC and ConocoPhillips would establish a second Bohai Bay fund. On this news, CNOOC’s ADSs declined another US$6.85 per ADS on September 19, 2011.
According to the complaint, the true facts, which were known by the defendants but concealed from the investing public during the Class Period, were as follows: (a) the Company was not in compliance with environmental laws and regulations; (b) as news of the oil spills emerged, the Company concealed the extent and severity of the oil spills; (c) as news of the oil spills emerged, the Company downplayed its responsibility to effect the cleanup of the oil spills as it portrayed itself as being the “non-operator” of the oilfield; (d) the Company improperly accounted for its contingent liabilities in violation of Generally Accepted Accounting Principles; and (e) based on the foregoing, defendants lacked a reasonable basis for their positive statements about the Company’s operations and its expected oil production.
Plaintiff seeks to recover damages on behalf of all purchasers of CNOOC ADSs during the Class Period (the “Class”). The plaintiff is represented by Robbins Geller, which has expertise in prosecuting investor class actions and extensive experience in actions involving financial fraud.
www.rgrdlaw.com
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Sidley Austin LLP Expands Project Finance Practice in Washington D.C.
Press Release |
2012/02/29 09:42
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Sidley Austin LLP is pleased to announce that Timothy J. Moran will join the firm as a partner in the project finance practice in Washington, D.C. Mr. Moran's practice focuses on infrastructure project development and finance, where he represents lenders, project sponsors and developers in the development, financing, acquisition and sale of infrastructure projects located in North America, Central and South America, Europe, the Middle East and Africa. Mr. Moran's projects include alternative energy (wind, solar and biomass), coal and natural gas-fired facilities, natural gas storage facilities, LNG projects and natural gas pipelines.
"Tim's level of experience in project finance will be instrumental as we continue to expand the firm's ability to represent clients on what are certainly going to be important undertakings in the global economy," said Carter G. Phillips, Managing Partner of the Washington, D.C. office of Sidley, and a member of the firm's Management Committee. "He has a highly respected and very dynamic project finance practice that fits perfectly with the firm's significant expansion of its energy practice, as well as our enhancement of project finance capabilities. Tim's practice will be a wonderful complement to our newly established Houston office."
"Sidley provides an ideal opportunity for me to grow my practice on an international platform that is already successful but very well equipped for new opportunities," said Mr. Moran. "I look forward to working with the project finance team in Washington, New York, Houston and Los Angeles, as well as Sidley's highly regarded energy and environmental lawyers in Washington and Houston."
Mr. Moran represents lenders in construction and term financings and equity investors in private placements and tax-based equity investments. Mr. Moran is currently representing both developers and lenders in the structuring and financing of wind, solar and mid-stream oil and gas projects, to be located in the U.S., Latin America and Canada.
With respect to developers, Mr. Moran has represented both large and small sponsors in the development and financing of infrastructure projects throughout North America, Central America, South America, China and numerous countries in Europe and Africa. He has also represented developers in connection with bids on more than 90 major power facilities, acquisitions of individual and portfolios of power facilities, and of gas storage facilities and pipelines. Mr. Moran has also represented developers and lenders in asset sales, as well as whole and partial sales of interests in energy-related companies.
www.rubenstein.com |
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Eugene Criminal Defense - MJM Law Office, P.C.
Press Release |
2012/02/20 09:44
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Eugene Criminal Defense Law Firm
MJM Law Office, P.C. defends clients throughout Southern Oregon and the Willamette Valley against criminal charges. Eugene criminal defense attorney Max Mizejewski provides an aggressive defense against state and federal prosecutors. Mr. Mizejewski believes everyone's rights should be protected, and everyone deserves the best possible defense. If you have been charged with a criminal offense, you need to know your rights. Serious offenses such as drunk driving should not be taken lightly and you want to have an experience Eugene DUI Lawyer. Their firm also covers the follow criminal defenses: criminal driving offenses, drug crimes, property crimes, assault and violent crimes, and stalking. If you have been accused of domestic violence or are facing charges for any crime against the person it is important consult an experienced lawyer to protect your rights.
MJM Law Office is an Oregon based firm that has experience and successful track records defending cases against criminal charges. Their principal attorney, Max J. Mizejewski believes in dedicating time to understand each clients' individual case and specific needs. He has had the background and training to represent clients in criminal prosecutions and administrative hearings, making him the right advocate to have on your side. Contact MJM Law Office, P.C. today to schedule a consultation and visit www.mjmlawoffice.com for more information. |
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