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WHAT'S NEW IN THE HALLIBURTON CASE
Truth in Corporate Justice LLC:
Lead Plaintiff Will Substitute Counsel in Halliburton (NYSE:HAL)
Securities Litigation
This is an update concerning the Halliburton Securities
Litigation. Truth in Corporate Justice LLC (“TCJ”) is Special Counsel to the
AMS Fund, Inc. on Securities Matters.
On November 22, 2006, the Archdiocese of Milwaukee Supporting Fund, Inc.
(“AMS Fund”) moved for an order substituting counsel in a consolidated class
action against Halliburton, Inc. (NYSE: HAL), in which AMS Fund serves as
sole Lead Plaintiff representing more than 800,000 absent class members.
After months of attempting to amicably resolve its differences with the law
firms of Lerach, Coughlin, Stoia, Geller, Rudman & Robbins, LLP (“Lerach
Coughlin”), of San Diego and Scott + Scott, LLC (“Scott + Scott”), of
Colchester, Conn. (collectively referred to as “Co-Lead Counsel”), AMS Fund
was forced to seek the replacement of these firms as lead counsel in this
case. Truth in Corporate Justice LLC, Special Counsel to the AMS Fund,
stated that this is an unfortunate but necessary change that was unexpected
at the time Mr. Lerach’s firm first intervened in this case.
AMS Fund’s Special Counsel and former lead counsel Neil Rothstein tried for
months to guide the parties in a most professional and ethical manner so as to
not impede direct, productive contact between Lead Plaintiff and its Co-Lead
Counsel. Over the last few months, AMS Fund asked Scott + Scott several times
(and the Lerach firm once) for copies of all correspondence, but such requests
were refused. AMS Fund also advised Scott + Scott of its concerns about Lerach
Coughlin continuing as lead counsel while the Department of Justice is
concurrently investigating both Halliburton and Mr. Lerach (a fact which Mr.
Lerach did not disclose to AMS Fund, and which AMS Fund only learned of
through the press). AMS Fund requested only that Mr. Scott submit a plan of
how to proceed, thus allowing Lerach Coughlin to withdraw quietly, and only
requested the Court’s substitution of counsel when Lerach Coughlin refused to
do so. Scott + Scott now seeks to usurp the role of its client in favor of
three absent class members brought in by Lerach who only showed interest in
this case after it had been filed for over two years.
On November 21, 2006, in response to AMS Fund’s concerns, Lerach and Scott
“invited” Paula N. John, the president of the AMS Fund, to meet with them at
such convenient locations and times as “November 28, 2006, in the early
morning or late afternoon—preferably at the Minneapolis Airport” or more
interestingly, “…Friday, December 1, 1006,” in San Diego. Co-Lead Counsel
never even suggested meeting in AMS Fund’s boardroom in Milwaukee.
AMS Fund and others were concerned that Lerach and Scott stated that they
would “arrange the presence of retired Federal Judge Lawrence Irving,” who had
joined Lerach’s firm as an attorney and Joe Kendall, “a retired federal judge
and local counsel in this case who knows Judge Lynn and the Dallas federal
courthouse quite well.” This statement demonstrates a course of disturbing
behavior and veiled threats, as Judge Irving had served or still does serve as
Guardian Ad Litem for the Court and Class, and Judge Kendall acted as AMS
Fund’s liaison counsel earlier in the litigation (when a judge is acting in
another capacity the title should not be used). Please note that it was
Co-Lead Counsel, Lerach and Scott, who put the correspondence referencing the
Court and Judges Irving and Kendall into the record, thus making the statement
public. AMS Fund had no intention of making any of this public unless it had
to be made available and it should have remained confidential.
The AMS Fund does not accept this comment by Lerach as reflecting the views
of the Court. It has great faith, deference and trust in the independence of
the Honorable Barbara M. G. Lynn and found Lerach's characterizations
disrespectful to the Court and to the purported class. Therefore, Lerach and Scott must
depart this case for having such disrespect and further, it is unfortunate
that Judges Kendall and Irving were mentioned in this light (they were copied
on the letter, and have never stated their opposition to such a comment). AMS
Fund now understands their conflicts, as both former judges work either for or
with Lerach’s law firm. Mr. Lerach had an obligation to disclose to the Court
all capacities in which they have served or serve Milberg, Weiss, Bershad,
Hynes & Lerach or its successor firms during this litigation. While no harm
has come upon the class, it would become impossible for any independent lead
plaintiff to fully protect the due process rights of all absent class members
if such behavior continues.
As stated in its Reply Brief filed recently, and as summarized in the
Fortune.com article published recently (available at
http://money.cnn.com/blogs/legalpad), the firms of Lerach
Coughlin and Scott + Scott face insurmountable conflicts of interest and/or
breaches of important fiduciary duties to AMS Fund and the Class, which make
it impossible for these firms to continue to serve as Co-Lead Counsel or to
continue to litigate this action. In fact, as TCJ has learned, there may be
conflicts that should have been disclosed by Lerach that could have an impact
on many cases. It is fortunate that the Lead Plaintiff here took the
aggressive steps necessary to protect the class.
Co-Lead Counsel’s conflicts are further amplified by Mr. Lerach seeking the
spotlight in the Enron Securities Litigation, in which the AMS Fund is a
Certified Class Representative for the Debt Bondholders. In the news recently,
the Honorable Melinda Harmon ordered Lerach, in an unprecedented situation, to
pay the costs and legal fees of a defendant bank for continuing to prosecute
claims against that defendant even after the point where they had shown the
claims to be without merit. Lerach allegedly went to defendant’s attorneys and
brokered a deal that served only his best interest: he would not appeal Judge
Harmon’s decision as long as he did not have to pay these fees or costs as
ordered by that Court.
AMS Fund will not allow any attorney that represents it to usurp the power
of the court; it also has no intention of leaving the Enron case. Enron is
different than Halliburton: in the case of Halliburton, the conflict exists
that the U.S. Government is investigating Lerach and investigating a company
where the sitting Vice President was chief executive officer during the class
period. This situation, which raises a conflict, will probably never occur
again. It should be noted that the Vice President is not a defendant in this
action.
AMS Fund was the only investor to oppose the previous inadequate settlement
of the Halliburton action and it has always acted to promote the best
interests of the Class. It will not waiver from this course under any
circumstances. AMS Fund has taken these necessary measures to protect and
preserve the interest of the Class and is seeking the substitution of Boies,
Schiller & Flexner as Lead Counsel in this action, and there will be no
additional, duplicative fees or costs. TCJ’s Neil Rothstein will remain in the
case as Special Counsel to the Lead Plaintiff.
As with all actions taken by AMS Fund in prosecuting this class action, the
substitution of counsel was not made in haste and only after consultation with
various experts and trusted others. Contrary to current Co-Lead Counsel’s
position, this necessary change will serve to promote the best interests of
the Class by limiting costs, expenses and ultimate delay. As admitted by
current Co-Lead Counsel, the case has not progressed lately (On November 10,
2006, Mr. Scott characterized the case as being in “limbo”). Therefore, Lead
Plaintiff finds this the perfect time to change counsel, especially as current
Co-Lead Counsel continue to violate Pre-Trial Order No. 2 by failing to turn
over requested documentation (the Lead Plaintiff had requested to see all
correspondence) and take direction from the Lead Plaintiff. The requested
substitution will provide the Class with counsel who faces no conflicts of
interest, who are attentive to Lead Plaintiff’s direction, and who are
diligent in responding to the requests of Lead Plaintiff.
For further information please contact:
Neil Rothstein
Truth in Corporate Justice LLC
(800) 610-4998
nrothstein@worldwidetree.org
ABOUT TRUTH IN CORPORATE JUSTICE LLC
Truth in Corporate Justice LLC (www.worldwidetree.org) is a
limited liability company under the umbrella of the Worldwide Tree Group
that scrutinizes, supports, and endorses law firms that adhere to and are
dedicated to the highest ethical, competency and zealous advocacy in order
to maintain integrity in our legal system. It has started the practice of “L.E.O.”
or Litigation Ethics Oversight. The group consists of TCJ, the Global
Governance Center LLC, and Class in Action LLP—WWT’s law center.
Additionally, the Group will begin growing its unique Worldwide Tree
Multimedia LLC. You may contact Truth in Corporate Justice LLC at (310)
459-2560 or (800) 610-4998 or Neil Rothstein
(nrothstein@worldwidetree.org)
directly at (619) 251-0887. TCJ is a limited liability company that will
scrutinize, support, and endorse those law firms that adhere to TCJ’s
ethical and competency standards in order to maintain the integrity of the
legal system within the United States. TCJ seeks to empower anyone facing
problems in our ever-changing world through education, access, guidance,
networking, representation, and more.
TCJ also sponsors the website
www.halliburtonsecuritieslitigation.com which is dedicated to updating
the public on the ongoing securities litigation against Halliburton
Corporation. Mr. Rothstein currently serves as Special Counsel to the Lead
Plaintiff in the landmark case where it was proven that one lone voice can
make a difference.
The Worldwide Tree Group is non-partisan with no political, religious
or other affiliation except to bring together differing philosophies, views
and backgrounds in order to find solutions to the many critical challenges
that people are facing today. Any organization or person may join and take
part in the offerings of the various companies within the WWT except those
who or which supports or advocates violence or terrorism.
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