Prior Successes

GLF has successfully concluded the following cases:

• A cash balance lump sum underpayment (or “whipsaw”) case involving a complex algorithm-based interest crediting rate. Moody v. The Turner Corp. et al., Civ. No. 1:07-CV-692 (S.D. Ohio) (lead counsel; settled for $14.5 million, 2011).

• A lump sum underpayment case involving a complex age-weighted interest crediting rate designed to exactly replicate, in cash balance form, the traditional formula under the plan. Traylor v. Avnet, et al., No. 08-cv-00918-PHX (FJM) (D. Ariz.) (lead counsel; settled for $34 million, 2010).

• Another cash balance lump sum underpayment case involving a variable interest crediting rate with a complicated lesser-of minimum based on a fixed rate and the mid-range of rates set by regulation. Flagg v. Skadden, Arps, Slate, Meagher & Flom Pension Plan, No. 07 Civ. 7392 (S.D.N.Y.) (PKC) (lead counsel; $12.4 million settlement, 2009).

• Two related pension benefit miscalculation class actions against AT&T, Inc.: Wagener v. SBC Pension Benefit Plan-Nonbargained Program, Civ. No. 03-CV-769 (D.D.C.) (motion for preliminary approval of $16 million settlement pending) and Calder v. SBC Pension Benefit Plan, No. SA-07-CA-340-XR (W.D. Tex.).
  
  
• A pension and 401(k) class action case against New York Life Insurance Company, Mehling v. New York Life Ins. Co., Civ. No. 99-CV-5417 (E.D. Pa.) (settled in March 2008 for $14 million).
  
  
• A 401(k), ESOP and pension plan class action against Enron Corporation and numerous other defendants, Tittle, et al. v. Enron Corp., et al., H-01-3913 (S.D. Tex.) (settled over several years in phases; total recovery for participants exceeded $225 million).
  
  
• A pension class action against the Trustees and other fiduciaries of the United Food and Commercial Workers Pension Plan, Bell v. Executive Committee, Civ. No. 01-236 (D.D.C.)(settled in April 2003 for $10 million).
  
  
• A 401(k) class action against SBC Communications, Inc., Gottlieb v. SBC Communications, Inc., CV-00-4139 AHM (C.D. Calif.) (settled in December 2002 for $10 million).
  
  
• Eli Gottesdiener was also instrumental in two 401(k) class actions against First Union Corporation, Franklin v. First Union Corp., 99-CV-344 and 99-CV-610 (E.D. Va.) (settled in June 2001 for $26 million).