Texas Judge Greenlights Securities Fraud Class Action Against Exxon, Rex Tillerson
Judge Ed Kinkeade wrote that the plaintiffs sufficiently supported their allegations that Exxon Mobil and then-CEO Rex Tillerson misrepresented the value of the company's gas and oil reserves to keep its stock prices high prior to a $12 billion bond issue in 2016.
August 15, 2018 at 02:49 PM
4 minute read
The original version of this story was published on Texas Lawyer
A Texas judge has left alive nearly all of a federal class action accusing Exxon Mobil Corp. and former CEO Rex Tillerson of securities fraud related to its alleged misstatements on the value of oil and gas reserves and the potential costs of paying carbon taxes, which ultimately led to its stock plummeting by 20 percent, erasing billions of dollars in value.
Ruling on Exxon Mobil's motion to dismiss, U.S District Judge Ed Kinkeade of Texas' Northern District Court struck portions of two expert opinions attached to the amended complaint, but said the plaintiffs sufficiently pleaded their allegations that the energy giant knowingly kept its stock inflated by refusing to write down the value of its assets, even as competitors were downgrading their own values as the price of oil began to crater in 2014.
At the time, according to court filings, Exxon Mobile was trying to maintain its AAA credit rating as it planned to issue a $12 billion bond offering in 2016. One month after the bonds were issued, Exxon Mobil's credit rating was downgraded to AA+. A few months later, the company disclosed that almost 20 percent of its oil and gas reserves were likely insufficient to meet Securities Exchange Commission guidelines.
Plaintiff Pedro Ramirez Jr. filed a class action alleging securities fraud in 2016 naming Exxon Mobil, Tillerson and company vice presidents Andrew Swiger and Jeffrey Woodbury as defendants. The Greater Pennsylvania Carpenters Pension Fund was named lead plaintiff the following year.
In upholding the bulk of the pension fund's “voluminous” amended complaint, Kinkeade wrote that the plaintiffs had sufficiently backed up their allegations that Exxon Mobile knowingly made misstatements of material fact regarding the value of reserves in the United States and Canada, and the per-ton carbon costs the company faced.
The order said Tillerson, who left Exxon Mobile to serve as secretary of state under President Donald Trump until he was cashiered in March, signed off on SEC filings and was well aware of internal differences in the cost calculations of government-mandated carbon assessments related to global warming.
“The amended complaint contains numerous allegations to support [the plaintiffs'] contention that Defendant Tillerson, chairman of the board and chief executive officer, had knowledge of ExxonMobil's alleged fraudulent activity,” Kinkeade wrote.
As a member of the Board of Directors and the Management Committee, “both of which allegedly received in-depth briefings on and actively engaged in discussions on ExxonMobil's financial position and risks of climate change,” Tillerson “also allegedly had motive to maintain ExxonMobil's AAA credit rating by using a lower, internal proxy cost and not recognizing asset impairment so as to receive sufficient funds to pay the shareholder dividends,” the order said.
Kinkeade did dismiss one count against Woodbury, the company's vice president of investor relations and corporate secretary.
He also struck certain portions of the affidavits of two experts, one off whom is an attorney with the New York Attorney General's Office who had been investigating the company for “alleged misrepresentations ExxonMobil made to investors and the public about the impact of climate change on ExxonMobil's business.”
The judge struck statements he deemed to be matters of opinion but allowed factual statements to remain on the record.
The attorneys for Exxon Mobil include Nina Cortell and Daniel Gold with Haynes & Boone in Dallas, and Jonathan Hurwitz, Daniel Kramer, Gregory Laufer and Daniel Toal of Paul Weiss Rifkind Wharton & Garrison in New York. Tillerson is represented by Brian Gillett of Squire Patton Boggs in Dallas.
“We continue to believe the complaint is meritless and will vigorously defend ourselves from these baseless claims,” said Exxon Mobil spokesman Scott Silvestri.
The plaintiffs' lawyers include Jeffrey Abraham of New York's Abraham Fruchter & Twersky; Balon Bradley of Dallas' Balon B. Bradley Law Firm; Joe Kendall of Dallas' Kendall Law Group; and Mary Blasy Patrick Coughlin, John Herman, Nathan Lindell, Erika Oliver, Sara Polychron and Darren Robbins of Robbins Geller Rudman & Dowd.
“Our view is that the court's order upholding the adequacy of the complaint is an important first step in holding one of the world's most powerful corporations accountable,” said Robbins in an email.
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 All11 Red State AGs Demand Damages in Antitrust Lawsuit Shaming ESG Climate Investors
3 minute read'Onerous Speech Code'?: Wiley Rein Says Md. Green Power Law Violates 1st Amendment Rights
3 minute readFTC Bans Exec From Chevron Board—Exercising Authority It Doesn't Have, GOP Dissenters Say
5 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
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