Supreme Court Finds No Fraud Exception to Five-Year Statute of Limitations for Government Lawsuits Seeking Civil Penalties
Federal Court Dismisses Putative Securities Class Action Against Pillsbury Client Century Aluminum
Despite Financial Crisis, Pillsbury Clients Still Achieve Much in 2009
Bruce A. Ericson
Mr. Ericson is co-leader of Pillsbury's Securities Litigation Team and Managing Partner of Pillsbury's San Francisco office; formerly he was the leader of Pillsbury's San Francisco Litigation Section.
Over the last 15 years, his success rate in obtaining and having affirmed on appeal dismissals of securities class actions has exceeded .700. Mr. Ericson represents public companies, their boards and their senior management in securities and corporate governance disputes of all kinds, in SEC investigations and in internal investigations, including situations involving disputes among senior management and significant questioning by outside auditors. He represents financial institutions in litigation of all sorts and also counsels clients and defends and prosecutes civil antitrust and unfair competition cases in industries as diverse as computers, finance, geothermal energy, groceries, magazine distribution, membership campgrounds, petroleum, professional sports and shopping centers.
- 2013: In re Century Aluminum Securities Litigation, No. 11-15599, 2013 WL 11887 (9th Cir. Jan. 2, 2013): Obtained affirmance of dismissal of securities class action challenging accounting restatement.
- 2012: James L. Turkle Trust v. Wells Fargo & Co., No. C-11-6494-CW, 2012 WL 2568208 (N.D. Cal. July 2, 2012): Obtained dismissal of class action alleging wrongful redemption of trust preferred securities.
- 2012: Call v. Wells Fargo & Co., No. C-11-5215-CW, 2012 WL 1232132 (N.D. Cal. Apr. 12, 2012): Obtained dismissal of another class action alleging wrongful redemption of trust preferred securities.
- 2011: National Credit Union Administration Board v. Siravo, et al., No. CV-10-1597-GW (C.D. Cal. Aug. 1, 2011): Obtained dismissal with prejudice of all claims in $6.8 billion action by federal regulators against the directors of what was the nation's largest corporate credit union.
- 2011: In re Century Aluminum Co. Securities Litigation, No. C-09-1001, 2011 WL 830174 (N.D. Cal. Mar. 3, 2011): Obtained dismissal with prejudice of securities class action challenging accounting restatement.
- 2010: Ingres Corp. v. CA, Inc. 8 A.3d 1143 (Del. 2010): Won affirmance of trial court victory in software license case, made significant new law on forum selection clauses.
- 2010: In re Century Aluminum Co. Securities Litigation, 2010 WL 1729426 (N.D. Cal. Apr. 27, 2010): Obtained dismissal of securities class action challenging restatement.
- 2009: CA, Inc. v. Ingres Corp., C.A. No. 4300-VCS, 2009 WL 4575009 (Del. Ch. Dec. 7, 2009): Won trial of software licensing case arising out of divestiture of software assets.
- 2009: Rubke v. Capitol Bancorp Ltd., 551 F.3d 1156 (9th Cir.): Obtained affirmance of dismissal of claims against bank holding company and its chairman.
- 2008: Represented UnionBanCal in four class actions challenging a tender offer for its outstanding public shares made by its parent, Mitsubishi UFG Financial Group.
- 2008: Handled SEC investigation of major bank regarding alleged insider trading.
- 2007: Committee on Jobs Candidate Advocacy Fund v. Herrera, C-07-3199-JSW, 2007 WL 2790351 (N.D. Cal. Sept. 20, 2007): Obtained preliminary injunction against enforcement of San Francisco ordinance limiting independent advocacy for or against candidates for elective office in San Francisco.
- 2007: Siemers v. Wells Fargo & Co., No. C-05-4518-WHA, 2007 WL 760750 (N.D. Cal. March 9, 2007) and No. C-05-4518-WHA, 2007 WL 1456047 (N.D. Cal. May 17, 2007): Obtained dismissal of all claims against broker-dealer defendants in action alleging mutual fund revenue-sharing practices.
- 2006: In re: National Security Agency Telecommunications Records Litigation, MDL No. 1791: Representing AT&T in class actions alleging that telephone companies cooperated in the NSA's Terrorist Surveillance Program.
- 2006: Rubke v. Capitol Bancorp Ltd., 460 F. Supp. 2d 1124 (N.D. Cal. 2006): Obtained dismissal of claims against bank holding company and its chairman.
- 2006: In re Orange 21, Inc. Sec. Litigation, No. 05-CV-0595-JM (S.D. Cal.): Obtained dismissal of all claims against maker of sunglasses and its board of directors.
- 2006: In re BioLase Sec. Litigation, No. 8:04-cv-947 (C.D. Cal.): Obtained dismissal of all claims against maker of dental laser devices, its CEO and CFO.
- 2005: In re NextCard, Inc. Sec. Litigation, Master File C-01-21029-JF (N.D. Cal.): Obtained dismissal of claims against former CFO of failed internet credit card issuer.
- 2005: SEC private investigation of Fortune 100 corporation: Resolved without any action against corporation.
- 2004: Crown Paper Liquidating Trust v. PricewaterhouseCoopers (N.D. Cal.): Obtained dismissal with prejudice of $550 million action alleging that investment bank conspired to spin-off divisions of paper company into an insolvent entity; dismissal was affirmed by the Court of Appeals and certiorari was denied by the Supreme Court.
- 2004: IDT Corp. v. Neckowitz (N.D. Cal.): Obtained dismissal of negligent misrepresentation action.
- 2003: Winick v. Pacific Gateway Exchange, Inc., 73 Fed. Appx. 250 (9th Cir. 2003): Obtained affirmance of dismissal of all claims in 10b-5 action.
- 2002: In re Pacific Gateway Exchange Sec. Litig., No. C-00-1211 PJH, 2002 WL 851066 (N.D. Cal. Apr. 30, 2002): Obtained dismissal with prejudice of all claims in 10b-5 action.
- 2001: In re Pacific Gateway Exchange Sec. Litig., 169 F. Supp. 2d 1160 (N.D. Cal. 2001): Obtained dismissal of all claims in 10b-5 action.
- 2001: Obtained summary judgment for oil company in class action challenging tender offer for limited partnerships.
- 2000: Haney v. Pacific Telesis Group, 2000 WL 33400194 (C.D. Cal. 2000): Obtained dismissal of all securities claims; case subsequently settled on very favorable terms.
- 2000: Lawrence v. Zilog, Inc., 242 F.3d 382, 2000 WL 1545053 (9th Cir. 2000): Obtained affirmance of dismissal of 10b-5 action.
- 1999: Samet v. AirTouch Communications Inc. (N.D. Cal. 1999): Obtained dismissal of all claims in securities fraud action.
- 1998: Lawrence v. Zilog, Inc. (N.D. Cal. 1998): Obtained dismissal of all claims in 10b-5 action.
- 1997: Equity-Linked Investors, L.P. v. Adams, 705 A.2d 1040 (Del. Ch. 1997): Won trial of fiduciary duty suit challenging a corporate refinancing and change of control transaction.
- Super Lawyers (2006-2012)
- Legal 500 US, Corporate Governance and SEC Counseling (2007)