About Kahn Swick & Foti, LLC

In Depth Experience

With offices in New York, Chicago, San Francisco, New Orleans and Delaware, Kahn Swick & Foti, LLC (“KSF”) is one of the nation’s premier securities litigation law firms. The firm primarily represents shareholder clients seeking monetary damages emanating from corporate fraud by publicly traded companies and its officers, along with breaches of fiduciary duties by corporate boards.

KSF has been court appointed lead, co-lead, or class counsel in many national securities fraud class actions and derivative breach of fiduciary duty cases that have achieved substantial recoveries, often more than other law firms might have achieved, including prominent cases such as:

  • $165 million, Pearlstein v. Blackberry Ltd., et al., No. 1:13-CV-07060-CM (S.D.N.Y.) (one of the largest securities litigation recoveries of 202211 and achieved on the eve of trial, regarding claims that BlackBerry made materially false and misleading statements and omissions regarding the sales of, and accounting relating to, its BB10 smartphones. After the claims process, shareholder claimants recovered approximately 100% of their recognized losses after legal fees);
  • $100 million, Erica P. John Fund, Inc. v. Halliburton Co., et al., No. 3:02-cv-1152 (N.D. Tex.) (fraud action resulting in recovery after previous lead counsel, replaced by KSF, proposed a mere $6 million settlement, 1600% less than KSF achieved);
  • $62.5 million, In re Bank of America Corp. Securities, Derivative, and Employment Retirement Income Security Act (ERISA) Litigation, 09 Civ. 580 (DC) (S.D.N.Y) (settlement in derivative action, including recovery for company and substantial corporate governance changes);
  • $44 million, In re Chicago Bridge & Iron Securities Litigation, Case No. 1:17-cv-1580-LGS (S.D.N.Y.) (settlement regarding false and misleading statements and omissions concerning the performance of, and accounting relating to, CBI’s nuclear business);
  • $38 million, Bassett Family Trust v. Costolo, et al. (Twitter, Inc. Derivative Litigation), C.A. No. 2019-0806 (Del. Ch.) (recovery in breach of fiduciary action derivatively on behalf of Twitter, Inc. against certain of its current and former directors and officers for breaches of duties involving false and misleading statements about Twitter’s user engagement and growth and for insider trading);
  • $37 million, Helen Moore v. Macquarie Infrastructure and Real Assets, et al. (Cleco Corporation Merger), No. 251,417 c/w Nos. 251,456; 251,515; 252,446; 252,458; and 252,459, (9th JDC, Louisiana) (Class action for breach of fiduciary duties to shareholders relating to a proposed merger of utility company. KSF secured a landmark Louisiana appellate decision finding that merger-related challenges are direct, and not derivative, in nature);
  • $35 millionFarrar v. Workhorse Group, Inc., et al., No. 2:21-cv-02072-CJC-PVC (C.D. Cal.). (settlement in fraud action co. concerning the Company’s production and manufacturing capabilities, “backlog” of purchase orders, and positioning for a multibillion-dollar contract with the United States Postal Service (“USPS”) to manufacture its new fleet of approximately 165,000 next generation delivery vehicles).

In In re Petrobras Securities Litigation, No. 1:14-cv-9662 (S.D.N.Y.), KSF was a Member of the Plaintiffs’ Steering Committee for the Individual Actions (“PSC”), in coordination with the federal securities class action against Brazil’s state-controlled petrochemical company arising from “Operação Lava Jato,” the largest corruption scandal in the history of Latin America, whereby Plaintiffs alleged Defendants deliberately overpaid on various construction contracts in return for kickbacks. As a Member of the PSC, KSF was found by the Court to have “made a substantial contribution to the class,” June 22, 2018 Opinion and Order at 39 (D.E. 834), the result of which was a settlement of $3 billion for investors which returned approximately 65% more to shareholders than received in other individual actions.

KSF’s reputation for intensive due diligence in case investigation and evaluation is supported by a core philosophy that distinguishes KSF from many of its peers: KSF takes legal action and recommends that clients seek lead plaintiff status in class actions only in the strongest cases. According to the Stanford University Class Action Clearinghouse, KSF evaluated and advised its clients to file under 20% percent of all new securities cases last year. KSF’s selectivity translates into peace of mind for its clients.

Selective Filing

KSF’s reputation for intensive due diligence in case investigation and evaluation is supported by a core philosophy that distinguishes KSF from many of its peers: KSF takes legal action and recommends that clients seek lead plaintiff status in class actions only in the most meritorious cases. Pursuant to the Stanford University Securities Class Action Clearinghouse, KSF advises its clients to take a lead role in approximately 20% percent of all new securities cases each year. KSF’s selectivity translates into peace of mind for its clients.

Learned Professionals

KSF is comprised of a talented group of lawyers who possess undergraduate, graduate and law school degrees from universities including Stanford, Harvard, U. Chicago, Columbia, NYU, Cornell and Tulane. Many of KSF’s lawyers also have practiced at the nation’s premier litigation firms prior to joining the firm. The majority of KSF’s lawyers focus their practices exclusively on securities law. In addition, KSF is the only boutique securities litigation firm in the U.S. to count among its ranks a former State Attorney General.  General Charles C. Foti, Jr., former Attorney General for the State of Louisiana, is a partner in the firm.

Contingency Basis

KSF accepts no fee unless it achieves a successful recovery. The firm believes that compensation should be measured by success. With a negotiated financial interest in the outcome of the litigation, KSF’s interests as advocates are perfectly aligned with those of our clients. We do not get paid unless we get results.

A Range of Solutions

KSF’s comprehensive client services program allows funds to document compliance with their fiduciary responsibilities. This is important at a time when daily headlines about scandals at corporations, investment banks, and mutual fund companies are prompting fund beneficiaries to ask tough questions about how their interests are being protected.  KSF works with its clients to create securities litigation policies that establish how much money a fund must lose before considering legal action. KSF monitors its clients’ portfolios to gauge losses in new cases and compiles reports of these activities. The firm also produces reports listing all recent settlements, so institutional clients can keep tabs on their custodians’ efforts to collect claims. Additionally, the firm offers robust analysis of corporate ESG compliance and representation to assure that corporate boards fulfill their fiduciary duties owed to shareholders.

  1. According to ISS Securities Class Action Services, Blackberry was the 4th largest settlement obtained in the U.S. in 2022. https://insights.issgovernance.com/posts/the-largest-class-action-settlements-of-2022/ ↩︎

News & Victories

Court Grants Preliminary Approval of Settlement in Velodyne Securities Litigation

The Hon. Susan Illston entered an Order preliminarily approving a $27,500,000 class action settlement in Moradpour v. Velodyne Lidar.

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Final Approval of $7.75 Million Settlement Granted in GW Pharma Securities Litigation

The Hon. Cynthia Bashant entered a Final Judgment approving a $7.75 million settlement for the Class in a Class action for breach of federal securities laws relating to a proposed merger of pharmaceutical company GW Pharmaceuticals.

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Final Approval of $5.65 Million Settlement Granted in Pareteum Corporation Securities Litigation

The Hon. Alvin K. Hellerstein entered a Final Judgment approving a $5.65 million settlement for the Class.

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Final Approval of $35 Million Settlement Granted in Workhorse Securities Litigation

The Hon. Cormac J. Carney entered a Final Judgment approving a settlement valued at $35 million in cash and stock for the Class.

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KSF Wins Class Certification in Velodyne Securities Litigation

On July 14, 2023, the court certified a class of shareholders in Moradpour v. Velodyne Lidar, Inc., et al., No. 3:21-cv-01486, a securities fraud class action pending in the United States District Court for the Northern District of California.

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