Hagens Berman Sobol Shapiro Cases
Schwab - YieldPlus Funds
- Date Filed: March 18, 2008
- Court: U.S. District Court
- Location: Northern District of California
- Ticker Symbol: SCHW
Hagens Berman Sobol Shapiro filed the first class-action lawsuit against Charles Schwab Corporation (NASDAQ:SCHW) on March 18, 2008, alleging that Schwab deceived investors about the underlying risk in its Schwab YieldPlus Funds Investor Shares (SWYPX) and Schwab YieldPlus Funds Select Shares (SWYSX).
The lawsuit claims Charles Schwab and the funds' underwriter deceived investors about the underlying risk in the funds, which were sold as cash alternatives, but were in fact highly speculative and risky mortgage-related structured debt, according to the complaint.
The complaint also states that the funds' registration statements failed to include required facts about the investments - specifically that the funds have a high vulnerability of suddenly becoming illiquid and that the net asset values were highly speculative and inflated.
Since HBSS filed the first suit, many other firms filed similar class actions, and these were consolidated by the Federal Court in the United States District Court for the Northern District of California.
On July 3, 2008, the Honorable William H. Alsup appointed five members of the YieldPlus Investor Group to the position of lead plaintiff and instructed them to interview and choose lead counsel. On August 14, 2008, the YieldPlus Investor Group submitted their decision to the court to retain Hagens Berman Sobol Shapiro LLP. On August 18, 2008, the Court approved that decision.
To participate in this lawsuit as a member of the class, investors do not need to take any action at this time. If the Court certifies the case as a class action, a notice will be sent to investors in these funds. In the meantime, we can continue to provide you with updates about this litigation if you provide us with your information by clicking here. If you have information that you would like to share that will help in the prosecution of this case, please e-mail Hagens Berman at info@hbsslaw.com.
RECENT DEVELOPMENTS:
February 5, 2009 - This week Judge Alsup ruled on the defendants' motion to dismiss denying most of the claims. This is a significant victory for plaintiffs and allows us to continue moving the case forward. You can view the complete ruling by clicking here.
In the next couple of weeks, we'll begin working on initial discovery disclosures and an amended complaint. You can check the Web site February 26, 2009 to review updated court documents. We'll continue posting updates here as the case progresses.
October 2, 2008 - Today Hagens Berman Sobol Shapiro filed an amended complaint in the case against Charles Schwab. The complaint seeks to certify two distinct classes for litigation moving forward - the Securities Class and State Law Class.
The general allegations from the original complaint remain the same. Plaintiffs allege the named defendants violated federal and state law in marketing and selling the Fund as a stable, ultra-short bond fund that was a safe alternative to cash and had a minimal risk of fluctuating share price.
December 1, 2008 - Defendants filed three motions to dismiss and a motion to strike. Lead plaintiffs opposed these motions on Nov. 26, 2008 and a hearing is currently scheduled for Jan. 8, 2009.
Cases
Press Releases
- August 19, 2008 HBSS Appointed Lead Counsel
Latest Court Documents
- February 05, 2009 Summary on Motion to Dismiss
- February 04, 2009 Order on Motions to Dismiss
- October 02, 2008 Amended Complaint
- August 18, 2008 Court Order Appointing HBSS Lead Counsel
- July 03, 2008 Order Appointing Lead Plaintiffs
- Hagens Berman Sobol Shapiro Lead Counsel
- Steve W. Berman
- Hagens Berman Sobol Shapiro Practice Area
- Securities
