Complex Commercial Litigation Group Obtains $12.5 Million Settlement as Co-Lead Class Counsel For ERISA Plaintiffs

Carver v. The Bank New York Mellon (S.D.N.Y.): Ciresi Conlin was co-lead class counsel representing ERISA participants, beneficiaries, and trustees that held American Depositary Receipts (“ADRs”) for which the Bank of New York Mellon (“BNYM”) acted as a depositary bank. Ciresi Conlin won a contested motion for interim-lead co-counsel and prevailed over BNYM’s motion to dismiss on an issue of “first impression” under ERISA law. (see Carver v. BNYM, 2017 WL 1208598 (S.D.N.Y. 2017).) Following substantial and highly contested fact and expert discovery, including review of nearly three million pages of documents, taking or defending 24 depositions, briefing a motion for class certification, opposing summary judgment, and exchanging multiple rounds of expert reports, Ciresi Conlin successfully obtained a settlement on behalf of the Class for $12.5 million, which the Court approved in May 2019. The Ciresi Conlin team was led by Heather McElroy, Barry Landy, Jan Conlin, and Michael V. Ciresi.