Daily Dicta: Robbins Geller; Simpson Thacher Hammer Out $1.2B Valeant Settlement
"Resolving this action enables Bausch Health to close the door on one of the more meaningful and unpredictable liabilities associated with the legacy Valeant era," said the company's CEO.
December 17, 2019 at 12:51 AM
3 minute read
Christmas is coming early at Robbins Geller Rudman & Dowd after firm litigators struck a $1.21 billion deal to settle a securities fraud class action against Valeant Pharmaceuticals, which was represented by a team featuring Simpson Thacher & Bartlett partners Paul Curnin and Craig Waldman.
The company, now known as Bausch Health, announced the settlement in a press release on Monday.
"Resolving this action enables Bausch Health to close the door on one of the more meaningful and unpredictable liabilities associated with the legacy Valeant era," said Joseph C. Papa, chairman and CEO of Bausch Health. "The settlement of this case removes a cloud of uncertainty and ensures that current and future stakeholders will enjoy the benefits of the ongoing transformation of Bausch Health."
As part of the deal, the company and the other settling defendants will not admit liability and are denying all allegations of wrongdoing.
Plaintiffs lawyers sued Valeant and several of its senior executives in New Jersey federal court on behalf of investors who purchased the company's securities between February 28, 2014 and October 21, 2015.
They alleged that the company falsely assured shareholders that its "business strategy was fully compliant with applicable laws, that it had a strong commitment to ethical practices, that it properly trained its staff, that it had strong internal controls to detect improper conduct, and that it was achieving revenue, sales, and profitability targets by growing 'organically.'"
In reality, they alleged, Valeant had "formed a secret network of so-called specialty pharmacies to artificially inflate the sale of Valeant drugs using a variety of fraudulent practices," such as physically altering doctors' orders to require use of Valeant products, submitting false statements to regulators, and automatically refilling prescriptions for Valeant drugs even though patients had no need for refills.
"Simply stated, Valeant created and used its clandestine network of specialty pharmacies to boost sales and push through massive price increases for Valeant medications that were at risk of not being reimbursed through the retail pharmacy channel and that otherwise would have been substituted with cheaper generics," the plaintiffs alleged.
When the misconduct came to light, Valeant's stock price lost nearly 70% of its value, falling from a class period high of $262 to below $80 per share.
Robbins Geller was appointed lead class counsel in 2016. Firm lawyers working on the case include Darren Robbins, James Barz, Robert Henssler Jr. and Robert Robbins. A firm spokesman declined comment.
Further settlement details, including the award of legal fees, are not yet public. The deal is subject to approval by U.S. District Judge Michael Shipp.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigation Leaders: Mark Jones of Nelson Mullins on Helping Clients Assemble ‘Dream Teams’
Litigators of the Week: An Early Knockout Win in the Decongestant MDL
Litigators of the Week: The Delaware Supreme Court Turns Its Spotlight on Advance Notice Bylaws
Litigator of the (Past) Week: SCOTUS Unanimously Preserves Access to Abortion Pill Mifepristone
Law Firms Mentioned
Trending Stories
- 1What Are Forbidden Sexual Relations With Clients?
- 2AEDI Takeaways: Demystifying Hype, Changing Caselaw & Harvey’s CEO Talks State of Industry
- 3New England Law | Boston Announces New Dean
- 4Nordic Capital Plans to Acquire IP Management Solutions Provider Anaqua
- 5Criminalization of Homelessness Is Not the Solution
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250