Serving as outside counsel to the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection, the Pennsylvania Department of Conservation and Natural Resources, the Pennsylvania Fish and Boat Commission, and the Pennsylvania Game Commission, G&E obtained a $100 million recovery on behalf of the state in litigation against Monsanto Co. arising out of its production, marketing, distribution, and sale of carcinogenic industrial chemicals (polychlorinated biphenyls, or PCBs), which caused statewide environmental damage.

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G&E served as outside counsel to Virginia Attorney General Jason Miyares to pursue claims against Monsanto Co. and affiliates relating to statewide contamination of natural resources with toxic polychlorinated biphenyls (PCBs).  The parties resolved the dispute without litigation.  Under the settlement, Monsanto has agreed to pay $80 million to the Commonwealth of Virginia.  

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The "Victims’ Rights Gala: Survivor Voices" held annually by the Maryland Crime Victims’ Resource Center (MCVRC) is this year co-presented by sponsors G&E and Jenner Law. The MCVRC fundraising gala will also honor the efforts of the Hon. C.T. Wilson, a survivor of child sexual abuse and champion of Maryland’s Child Victims Act of 2023. G&E principal Steven Kelly, renowned crime victims litigator and survivor, has worked with MCVRC for decades and recently expanded G&E’s efforts in advocating for survivors of sexual abuse/violent crimes.

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G&E Baltimore-based sexual abuse and survivors’ rights attorney Steven Kelly, along with co-counsel Christine Dunn of Sanford Heisler Sharp, have filed a landmark wrongful death lawsuit against the Archdiocese of Baltimore (AOB) and affiliated clergy defendants. Mr. Kelly announced the filing at a press conference in Baltimore on behalf of the plaintiffs/children of the late Francis X. Gallagher, Jr., who died following a drug overdose last year. Gallagher, whose lawyer-father was best known as the AOB’s primary outside legal counsel, was the victim of serial sexual abuse when he was 14, working as a night receptionist at St. Mary’s Seminary (a named defendant), in Maryland.

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Veteran trial attorney and advocate for sexual abuse survivors Steven Kelly joins G&E as a principal in its Baltimore office. For 20 years, Mr. Kelly has dedicated his career to fighting for justice for crime victims—including those preyed upon by serial sexual abusers enabled by their employers—and is regarded as a pioneer in his field. 

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For another year, G&E is highly ranked by Chambers and Partners in its annual guide for 2023. The Firm was ranked in Band 1 in the Chancery: Mainly Plaintiff category, and was also ranked in the USA Nationwide Securities: Litigation: Mainly Plaintiff category. G&E Managing Director Jay Eisenhofer was again recognized for his work on behalf of plaintiffs in securities litigation, while Principals Michael Barry and Christine Mackintosh were ranked by Chambers for their achievements in Delaware Chancery Court.

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G&E principals across several of the firm’s practice areas were selected to the top 500 list of plaintiffs financial lawyers by Lawdragon. The list includes attorneys in practice for more than 10 years who have made remarkable contributions in securities, corporate governance and fiduciary litigation; antitrust and competition litigation; consumer fraud; whistleblower and qui tam; financial litigation involving complex financial instruments and related insolvency claims; or other types of class actions rooted in financial loss.

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Counsel Ken Massey has been named as National Legal Counsel to the Japanese American Citizens League (JACL). Founded in 1929, the JACL is the nation’s first and largest Asian American civil rights organization whose ongoing mission is to secure and maintain the civil rights of Japanese Americans and all others who are victimized by injustice and bigotry. The JACL also works to preserve the heritage and legacy of the Japanese American community. Mr. Massey previously served as the President of the Asian Pacific American Bar Association of Pennsylvania and is currently a member of its board of directors.

AMC stockholders reached an agreement with the company to grant one share of common stock for every 7.5 shares held following AMC’s planned 1 to 10 reverse split. The settlement will allow AMC to proceed with its recapitalization and was valued at more than $100 million based on recent pre-announcement trading prices of AMC securities.

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Following a historic vote, the Maryland Child Victims Act of 2023 has lifted the statute of limitations for childhood sexual abuse survivors. G&E, along with Jenner Law and Baird, Mandalas, Brockstedt, Federico & Cardea, are jointly representing survivors of abuse by the Archdiocese of Baltimore, and this breakthrough will finally allow survivors to seek justice. 

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G&E’s Environmental Litigation team was selected by Law360 as a “Practice Groups of the Year” award winner for 2022. G&E is one of only six firms to have achieved this recognition in the Environmental category.

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G&E has filed a wrongful death and negligence civil action on behalf of Angel McIntyre, who was killed in a vehicle collision during a high-speed chase involving Philadelphia-area police. The plaintiffs seek justice and accountability from the officers involved and police departments following this tragedy.

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A federal lawsuit has been filed by G&E and co-counsel over the February 3, 2023 train derailment and explosion in East Palestine, Ohio. A Norfolk Southern freight train carrying carcinogenic vinyl chloride veered off track in what plaintiffs contend was foreseeable and preventable, forcing thousands of residents to evacuate or shelter in place. The lawsuit includes Ohio and Pennsylvania residents that were in the 30-mile radius of the incident who have since had their lives upended and fear the future effects of this disaster.

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An op-ed piece published in The Washington Post voices frustrations with the continued secrecy of clergy sexual abuse in the Archdiocese of Baltimore. A Maryland Attorney General report detailing eight decades of child sex abuse was hidden from view last year, robbing survivors of the validation they deserve. G&E represents these survivors in making this report public, seeking accountability and transparency to help them heal.

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G&E was appointed lead counsel in the federal securities class action concerning the $43 billion merger of media giants Warner Bros. and Discovery Inc. Investors are accusing Discovery of keeping information from them about the struggling financial performance of streaming service HBO Max prior to the merger, and contend that WarnerMedia overstated the number of HBO Max subscribers by at least 10 million.

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Our colleagues Barbara Hart and Elizabeth Graham, along with Jenner Law, P.C., are proud to represent the sexual abuse survivors and the community in an important endeavor against the Archdiocese of Baltimore. Following a 4-year investigation by the Maryland Attorney General into decades-long abuse by clergy members, survivors are demanding that the lengthy report detailing the allegations be released. G&E has been retained by Maryland Survivors Network of those Abused by Priests (SNAP), part of an internationally recognized organization supporting sexual abuse survivors worldwide, as part of this effort.

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• Increase in securities fraud lawsuits, higher settlements
• ESG-related claims expected to spur additional litigation

Investors suing multinational companies for securities fraud are finding their footing in the Netherlands and other courts outside the US. US courts are the epicenter of securities fraud litigation. But legal procedures in other countries’ courts are maturing, and litigation funders are flowing money into these jurisdictions, helping to remove obstacles.

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As states and municipalities across the country seek accountability for PFAS contamination, the City of Baltimore announced its lawsuit against manufacturers of toxic chemicals that have polluted the city’s waterways. DuPont, Chemours, 3M, and many others are among the two-dozen defendants named in the suit, alleging they designed, manufactured, marketed, and distributed certain aqueous film-forming foams (AFFF) and toxins known as "forever chemicals" that have caused harm to both Baltimore residents and the city’s natural resources.

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The Town of Peshtigo, Wisconsin announced the filing of a lawsuit against Tyco Fire Products, Johnson Controls, ChemDesign, and Chemguard concerning pollution of drinking water supplies and other natural resources with toxic “forever chemicals” known as PFAS (per- and polyfluoroalkyl substances).

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G&E’s institutional investor clients scored an important victory in the global securities fraud class action against BHP Billiton. Having won on the inclusion of non-resident claimants in the class at the trial level and on appeal, the victory in Australia’s Supreme Court marks the claimants’ third successive win. A global class that extends to non-residents raises no issues of extraterritoriality, the Court held, where jurisdiction hinges on a local defendant’s domicile, rather than the residency of the claimants, and claims are brought under Australian law, in Australian court, governed by Australian procedure. As a matter of Australian law, a class action judgment binds the class; whether it is recognized as binding in other jurisdictions is a matter of foreign law, on which Australia’s class action statute does not purport to have any say.

The case is BHP Group Ltd. v. Impiombato [2022] HCA 33 (Oct. 12, 2022). G&E’s international securities litigation team members, Olav Haazen, Jonathan Davenport, Alice Cho Lee, and Romina Corral, contributed to successfully defeating the appeal.

In a class action complaint filed today by G&E and civil rights attorney Joshua Dubin, plaintiffs allege that the state of Florida deliberately and systematically maintains a racially segregated higher-education structure that favors traditionally white schools over Historically Black Colleges & Universities, known as HBCUs. The suit was filed on behalf of six graduate and undergraduate students at Florida Agricultural and Mechanical University (FAMU), in Tallahassee, seeking declaratory and injunctive relief under Title VI of the 1964 Civil Rights Act, the equal protection clause of the 14^th Amendment and federal and state laws.

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Illinois Attorney General Kwame Raoul announced the filing of a lawsuit against Monsanto Co. over its long-term production of polychlorinated biphenyls (PCBs). These toxic substances—many of which were produced in Monsanto’s Sauget, Illinois facility—widely contaminate the state’s natural resources and are a detriment to the environment. The lawsuit alleges the company knew of the dangers that these hazardous chemicals posed, yet denied this knowledge and continued to pollute Illinois’ natural resources for decades. G&E, along with co-counsel, serves as special assistant attorney general.

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For 35 years, the U.S. government knowingly contaminated the water surrounding Marine Corps base Camp Lejeune in North Carolina, exposing approximately one million military service members and their families to dangerous toxins such as oil, petrol, industrial wastewater, and chemicals.  The pollutants have been linked to certain cancers and other serious conditions, such as birth defects, bladder cancer, kidney cancer, leukemia, liver cancer, miscarriage, multiple myeloma, non-Hodgkin’s lymphoma, and Parkinson’s disease. Asserting claims under the Honoring Our PACT Act and the Camp Lejeune Justice Act, G&E represents those that were harmed by the contaminated water.

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Principal Beth Graham was recently appointed by the court to the Settlement Committee in the In re Smith & Nephew Birmingham Hip Resurfacing (BHR) Hip Implant Products Liability Litigation. Ms. Graham also serves on the Plaintiffs’ Steering Committee in this litigation, which concerns complications arising from the BHR hip system’s defective cobalt-chromium metal-on-metal design.

The Legal 500’s United States guide for 2022 includes G&E and many of its attorneys across several practice areas, including antitrust, product liability/mass tort, securities, M&A, and environmental litigation. Once again, Principal Michael Barry was selected as a Leading Lawyer in the M&A Litigation: Plaintiff category, and Managing Director Jay Eisenhofer was recognized in the Securities Litigation: Plaintiff Hall of Fame. 

The U.S. edition of The Legal 500 rankings, now in its 15^th year, is decided by a team of experienced researchers who review firm submissions and gather feedback from firm peers and clients.  More than 300,000 buyers of legal services are surveyed and interviewed globally each year for The Legal 500’s worldwide editions.

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Principal Kyle McGee, head of G&E’s Environmental Litigation Group, was selected to Law360’s list of Rising Stars. The list, whittled down from 1,350 submissions to just 176 winners, honors the nation’s top attorneys under 40 in several practice areas. Mr. McGee was selected as one of the top five environmental attorneys for his impressive career achievements in the industry.

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G&E is highly ranked by Chambers and Partners in its annual guide for 2022. The Firm was ranked in Band 1 in the Chancery: Mainly Plaintiff category, and was also ranked in the Securities: Litigation: Mainly Plaintiff category. Managing Director Jay Eisenhofer was additionally recognized for his work on behalf of plaintiffs in securities litigation, as well as Principals Michael Barry and Christine Mackintosh for their achievements in Delaware Chancery Court.

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G&E was appointed as lead counsel in the federal securities class action litigation against Peloton Interactive Inc.  Investors claim that Peloton repeatedly made misleading statements reassuring investors that demand for its internet connected bicycles and treadmills remained steady even after COVID-19 pandemic restrictions were lifted and vaccines were introduced to the public—when in reality Pelton knew that demand for its connected fitness products was declining significantly.

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As part of The National Law Journal's 2022 Elite Trial Lawyers awards, G&E’s Christine Mackintosh was selected to the list of Elite Women of the Plaintiffs Bar. The 15 honorees were selected from a nomination process, commending women lawyers who have consistently excelled in high-stakes matters on behalf of plaintiffs over the course of their careers.

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San Diego City Attorney Mara W. Elliott, filed suit on behalf of the City and the People of California, seeking cleanup costs and other remedies related to per- and polyfluoroalkyl substances (PFAS) detected in San Diego drinking water supplies, stormwater, wastewater and other natural resources. Defendants include more than 20 chemical companies who knowingly sold products containing these toxic “forever chemicals,” polluting the environment and endangering public health for decades.

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