Significant Cases - Law Firm Lax Neville Attorneys New York, New York

1. Madoff Class Action Adv. Pro. No. 09-1265(BRL)

On June 5, 2009, our firm filed a class action adversarial proceeding in the United States Bankruptcy Court for the Southern District of New York seeking to obtain a declaratory judgment, pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, et seq., (i) that the Trustee’s definition of “net equity” is incorrect as a matter of law, and (ii) that a customer’s “net equity” under SIPA is the value of the securities reflected in the customer’s Madoff account as of the SIPA filing date (even where the securities were never actually purchased) less any amounts the customer owes to Madoff.

2. Barron Partners, LP v. Lab123, Inc., No. 07-CV-11135, 2009 WL 129043 (S.D.N.Y. Jan. 20, 2009).

In a hedge fund's securities fraud action alleging that the seller entities deceitfully induced it to invest in a new public company, Lax & Neville, LLP, on the hedge fund's behalf, successfully moved to dismiss, for failure to state a claim, the sellers' fraud and negligent misrepresentation counterclaims.

3. Barron Partners, LP v. Lab123, Inc., No. 07-CV-11135, 2008 WL 2902187 (S.D.N.Y. July 25, 2008).

In a hedge fund's securities fraud action alleging that the seller entities deceitfully induced it to invest in a new public company, Lax & Neville, LLP, on the hedge fund's behalf, successfully opposed the seller entities' motion to dismiss the complaint for failure to state a claim.

4. United States ex rel. John Glover v. Federation of Protestant Welfare Agencies, No. 05-CV-6522 (S.D.N.Y. Dec. 5, 2008) (oral opinion)

In a qui tam and retaliatory discharge action under the federal False Claims Act by a terminated executive of a federally funded social service agency, Lax & Neville, LLP, successfully opposed the defendant agency's summary judgment motion.

5. McMahan Securities, Co. L.P. vs. Michael Shillan

NASD 04-05460

6. Mitchell Slater v. Merrill Lynch, Pierce, Fenner & Smith. Inc. and Thomas Fickinger

NASD # 05-04072

7. Frank H. Suits, Jr. et al. vs. Merrill Lynch Pierce Fenner & Smith, Inc. and Michael Keefe Gorman -

NYSE No. 2006-016588

8. Kenneth Irving v. Salomon Smith Barney, Michael Lent and William Lent
NYSE No. 2002-011137

9. Simerman v. Salomon Smith Barney, Prudential Securities and Patricia E. Selin

NASD No. 02-07640

10. Albert T. Jenks and Irena L. Jenks v. Securities of America, Inc. et. al.

NASD No. 03-05007

11. Lucille Banahan v. Wachovia Securities, Inc.