This case was last updated from U.S. District Courts on 12/11/2021 at 05:09:52 (UTC).

In re Alphabet, Inc., Shareholder Derivative Litigation

Case Summary

On December 3, 2021, Bucks County Employees’ Retirement System (“Bucks County” or “Plaintiff”), represented by Alex Martin Outwater,  Donald A. Broggi, Scott R. Jacobsen, Jing-Li Yu and Geoffrey M. Johnson of Scott+Scott Attorneys at Law LLP and Joshua D. Snyder of Boni, Zack & Snyder LLC, filed a contract lawsuit against Alphabet, Inc. (“Nominal Defendant” or “Alphabet” or the “Company”) and Larry Page (“Page”) and Sergey Brin (“Brin”) represented by Boris Feldman, Doru Gavril, Drew Liming, Elise M. Lopez of Freshfields Bruckhaus Deringer US LLP, John L. Hennessy (“Hennessy”), L. John Doerr (“Doerr”) and others (Defendants are collectively referred to as the “Individual Defendants”), seeking declaratory and compensatory relief along with pre- and post-judgment interest, among other relief, for the alleged damages suffered as a result of breaches of fiduciary duty to the harm of the company. This case was filed in the U.S. District Court in the Northern District of California. 

 

In the complaint, Plaintiff alleged that, “Google, Inc., the predecessor to, and main subsidiary of, Alphabet, has engaged in a decades-long course of anticompetitive conduct that violates the antitrust laws. This misconduct includes: (1) leveraging its dominant position in general search to expand to other markets and muscle out opponents in vertical search; (2) using its dominance in mobile operating systems via Android to then create and maintain a monopolistic applications (“apps”) store charging monopolistic prices; (3) extracting high fees from publishers and advertisers through its ownership of key players throughout the digital ad stack; (4) using acquisitions, tying, and bundling to dominate the navigation market; and (5) using acquisitions to kill nascent competitors and gain their market share.” 

 

Plaintiff further alleged that, “The Officer Defendants have actively pursued violations of antitrust law, including through conspiring with competitors, as well as approving, condoning, and directing strategies and actions that violate the antitrust laws. The Director Defendants are similarly liable because they failed to conduct direct oversight even though they were informed of the Company’s increasing antitrust liabilities, first in Europe and now in the United States.” 

 

Plaintiff lists out two claims for relief. The first claim is against the Officer Defendants for breach of fiduciary duty, and the second claim is against the Director Defendants for breach of fiduciary duty. 

 

In the prayer for relief, Plaintiff requested the court to declare that Plaintiff may maintain this derivative action on behalf of Alphabet and that the Individual Defendants have breached their fiduciary duties to Alphabet, and further determine and award to Alphabet the damages sustained by it, along with pre- and post-judgment interest. Plaintiff further requested for restitution from the Individual Defendants and disgorgement of all improperly attained profits, benefits, and other compensation obtained and the costs and disbursements of the action and such other and further relief as the court deems just and equitable. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-09389

  • Filing Date:

    12/03/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Security

 

Party Details

Plaintiff

Bucks County Employees' Retirement System

Defendants

Larry Page

Sergey Brin

John L. Hennessy

L. John Doerr

K. Ram Shriram

Ann Mather

Alan R. Mulally

Roger W. Ferguson, Jr.

Robin L. Washington

Frances H. Arnold

Sundar Pichai

Eric . Schmidt

Alphabet, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Donald A. Broggi

Attorney at Scott & Scott, Attorneys at Law, LLP

The Helmsley Building230 Park Avenue

New York, NY 10169

Geoffrey M. Johnson

Attorney at Scott + Scott, LLC

33 River Street

Chagrin Falls, OH 44022

Jing-Li Yu

Attorney at Scott+Scott Attorneys at Law LLP

The Helmsley Building230 Park Avenue, 17Th Floor

New York, NY 10169

Joshua D. Snyder

Attorney at Boni, Zack & Snyder LLC

15 Saint Asaphs Road

Bala Cynwyd, PA 19004

Scott Richard Jacobsen

Attorney at Scott and Scott Attorneys at Law LLP

230 Park Avenue17Th Floor

New York, NY 10169

Alex Martin Outwater

Attorney at Scott+Scott Attorneys at Law LLP

600 W Broadwayste 3300

San Diego, CA 92101

Defendant Attorneys

Boris Feldman

Attorney at Freshfields Bruckhaus Deringer US LLP

2710 Sand Hill Road

Menlo Park, CA 94025

Doru Gavril

Attorney at Freshfields Bruckhaus Deringer US LLP

2710 Sand Hill Road

Menlo Park, CA 94025

Drew Liming

Attorney at Freshfields Bruckhaus Deringer US LLP

2710 Sand Hill Road

Menlo Park, CA 94025

Elise M Lopez

Attorney at Freshfields Bruckhaus Deringer US LLP

2710 Sand Hill Road

Menlo Park, CA 94025

 

Court Documents

#13

(#13) Corporate Disclosure Statement by Alphabet, Inc. (Feldman, Boris) (Filed on 12/3/2021) (Entered: 12/03/2021)

#12

(#12) NOTICE of Appearance by Elise M Lopez (Lopez, Elise) (Filed on 12/3/2021) (Entered: 12/03/2021)

#11

(#11) NOTICE of Appearance by Drew Liming (Liming, Drew) (Filed on 12/3/2021) (Entered: 12/03/2021)

#10

(#10) NOTICE of Appearance by Doru Gavril (Gavril, Doru) (Filed on 12/3/2021) (Entered: 12/03/2021)

#9

(#9) NOTICE of Appearance by Boris Feldman (Feldman, Boris) (Filed on 12/3/2021) (Entered: 12/03/2021)

#8

(#8) MOTION for leave to appear in Pro Hac Vice by Joshua D. Snyder ( Filing fee $ 317, receipt number ACANDC-16688359.) filed by Bucks County Employees' Retirement System. (Snyder, Joshua) (Filed on 12/3/2021) (Entered: 12/03/2021)

#7

(#7) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16688236.) filed by Bucks County Employees' Retirement System. (Johnson, Geoffrey) (Filed on 12/3/2021) (Entered: 12/03/2021)

#6

(#6) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16688217.) filed by Bucks County Employees' Retirement System. (Jacobsen, Scott) (Filed on 12/3/2021) (Entered: 12/03/2021)

#5

(#5) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16688190.) filed by Bucks County Employees' Retirement System. (Yu, Jing-Li) (Filed on 12/3/2021) (Entered: 12/03/2021)

#4

(#4) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16688162.) filed by Bucks County Employees' Retirement System. (Broggi, Donald ) (Filed on 12/3/2021) (Entered: 12/03/2021)

3 #5

Exhibit 3 - Confidentiality Agreement

3 #4

*Restricted*

3 #3

Exhibit 1 - Redacted Complaint

3 #2

Proposed Order

3 #1

Declaration of Alex M. Outwater

3 #3

Main Document

#2

(#2) Proposed Summons. (Outwater, Alex) (Filed on 12/3/2021) (Entered: 12/03/2021)

1 #1

Main Document

9 More Documents Available
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Docket Entries

  • 12/03/2021
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  • Docket(#13) Corporate Disclosure Statement by Alphabet, Inc. (Feldman, Boris) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#12) NOTICE of Appearance by Elise M Lopez (Lopez, Elise) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#11) NOTICE of Appearance by Drew Liming (Liming, Drew) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
  • View Court Documents
  • Docket(#10) NOTICE of Appearance by Doru Gavril (Gavril, Doru) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#9) NOTICE of Appearance by Boris Feldman (Feldman, Boris) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#8) MOTION for leave to appear in Pro Hac Vice by Joshua D. Snyder ( Filing fee $ 317, receipt number ACANDC-16688359.) filed by Bucks County Employees' Retirement System. (Snyder, Joshua) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#7) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16688236.) filed by Bucks County Employees' Retirement System. (Johnson, Geoffrey) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
  • View Court Documents
  • Docket(#6) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16688217.) filed by Bucks County Employees' Retirement System. (Jacobsen, Scott) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
  • View Court Documents
  • Docket(#5) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16688190.) filed by Bucks County Employees' Retirement System. (Yu, Jing-Li) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#4) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16688162.) filed by Bucks County Employees' Retirement System. (Broggi, Donald ) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#3) Administrative Motion to File Under Seal filed by Bucks County Employees' Retirement System. (Attachments: #1 Declaration of Alex M. Outwater, #2 Proposed Order, #3 Exhibit 1 - Redacted Complaint, #4 Exhibit 2 - Unredacted Complaint, #5 Exhibit 3 - Confidentiality Agreement)(Outwater, Alex) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#2) Proposed Summons. (Outwater, Alex) (Filed on 12/3/2021) (Entered: 12/03/2021)

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  • 12/03/2021
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  • Docket(#1) COMPLAINT against Alphabet, Inc., Frances H. Arnold, Sergey Brin, L. John Doerr, Roger W. Ferguson, Jr., John L. Hennessy, Ann Mather, Alan R. Mulally, Larry Page, Sundar Pichai, Eric. Schmidt, K. Ram Shriram, Robin L. Washington ( Filing fee $ 402, receipt number ACANDC-16688001.). Filed byBucks County Employees' Retirement System. (Attachments: #1 Civil Cover Sheet)(Outwater, Alex) (Filed on 12/3/2021) (Entered: 12/03/2021)

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