The March 2010 examiner’s report in the Lehman Brothers bankruptcy came in handy for plaintiffs lawyers involved in securities class action litigation stemming from the investment bank’s demise. After packing an amended complaint with details from the report by Jenner & Block chairman Anton Valukas, Southern District Judge Lewis A. Kaplan allowed the case to move forward in July (NYLJ, July 29), prompting former Lehman CEO Richard Fuld and other former Lehman execs to seek $90 million in insurance funds to settle the case.
But co-lead plaintiffs counsel in a related Lehman Brothers ERISA litigation failed to gain similar traction from Mr. Valukas’ report. Attorneys at Wolf Haldenstein Adler Freeman & Herz added some 50 pages of material, much of it drawn from the examiner’s report, to an amended complaint in the ERISA litigation also before Judge Kaplan.
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