School of Law Professor Michael Perino Releases Study of Milberg Weiss Prosecution

June 02, 2008

For the last 30 years, Milberg Weiss was the dominant plaintiffs’ securities class action firm.  In 2006, the Justice Department indicted the firm and several of its most prominent partners for allegedly paying kickbacks to individuals willing to serve as representative plaintiffs in these actions.  A number of individuals have pleaded guilty in the case, including famed securities class action lawyer William Lerach and the dean of the securities class bar Melvyn Weiss, who is schedule to be sentenced on Monday.  Nonetheless, the prosecution remains controversial in large part because both sides dispute whether these payments harmed absent class members. 

On Wednesday, Michael A. Perino, the Dean George W. Matheson Professor of Law at St. John’s, released an empirical study that concludes that the kickback scheme harmed absent class members.  The paper analyzes the empirical question using a database of approximately 730 class action settlements and fee awards.  The study found no statistically significant correlation between cases alleged in the indictment and class recoveries, but substantial differences in both fee requests and fee awards.  Statistical analysis of the data showed that: (1) average fee requests and awards in the indictment cases were significantly higher than those in the non-indictment cases; (2) Milberg Weiss’s average fee requests and awards were significantly larger than those of other plaintiffs’ law firms; and (3) within the subset of Milberg Weiss cases, the firm’s average fee requests and awards were higher in the indictment cases than in other cases.  Using linear regression analysis, Professor Perino was able to demonstrate that as settlements grew larger, the fee requests and awards in the indictment cases grew at a faster rate than those in the non-indictment cases.  These findings are consistent with the hypothesis that absent class members were harmed by the kickback scheme.

Press reports about Professor Perino’s study can be found in the New York Law Journal and at the AmLaw Daily, the Examiner.com, and LegalNewsLine.com.  The full study is available here.

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