Corporate Governance And Derivative Suits

Kahn Swick & Foti, LLC prosecutes shareholder derivative lawsuits in state and federal courts on behalf of institutional and individual investors for breaches of fiduciary duties. These actions encompass the business judgment rule, executive compensation, and other corporate governance matters. Contact KSF now.

Current Cases

  • In re Bank of America Corp. Securities, Derivative, and Employment Retirement Income Security Act (ERISA) Litigation, 09 Civ. 580 (DC)
    Southern District of New York
    Co-Lead Counsel in the Consolidated Derivative Action
  • In re Barnes & Noble Stockholder Derivative Litigation, C.A. No. 4813-VCS
    Court of Chancery of the State of Delaware
    Co-Lead Counsel
  • In re BP Shareholder Derivative Litigation, Master File No. 4:10-cv-03447
    Southern District of Texas
    Co-Lead Counsel
  • In re ITT Educational Services, Inc. Securities and Shareholder Derivative Litigation, 10-cv-8323
    Southern District of New York
    Co-Lead Counsel
  • In re Moody's Corporation Shareholder Derivative Litigation, No. 1:08-CV-9323
    Southern District of New York
    Lead Counsel
  • In re Morgan Stanley & Co., Inc. Auction Rate Secs. Deriv. Litig., 1:08-cv-07587-AKH
    Southern District of New York
    Lead Counsel
  • Robert Michael Shenk, Derivatively on Behalf of Sirius XM Radio, Inc., v. Melvin Alan Karmazin, et al., No. 01:11-cv-02943-JSR
    Southern District of New York

Recent Recoveries

In re ArthroCare Corp. Sec. Litigation, No. 08-cv-574-SS (W.D. Tex.), Co-Lead Counsel, federal derivative action filed on behalf of ArthroCare Corp. against certain officers and directors, resulting in a cash settlement of $8 million on behalf of the Company, along with important corporate governance changes.

In re Proquest Company Shareholder Derivative Litigation, 2:06-cv-11845-AC-MKM (E.D. Mich.), Co-Lead Counsel, federal derivative action filed on behalf of ProQuest Company (now Voyager) against certain officers and directors, resulting in a settlement with important corporate governance changes.

New Cases & Investigations
Featured Practice Areas
Corporate America is chipping away at consumer rights on a daily basis. Corporations can now buy "political" immunity from suit and spend millions in court to bankrupt plaintiffs with real and tragic legal claims. In the face of Enron, Worldcom and other financial disasters that caused untold injury to millions of Americans, Kahn Swick & Foti stands at the forefront of consumer empowerment.