Edward F. Haber
- Cornell University, BA, 1966
- Harvard Law School, JD, 1969 - cum laude
Mr. Haber has an AV rating from Martindale-Hubbell, and has been named a Massachusetts Super Lawyer in the field of securities litigation for the past several years, most recently in 2016. He has also been named to the national list of Super Lawyers in the Corporate Counsel Edition and Business Edition for securities litigation, and was recognized as a Top Rated Litigator by The American Lawyer in 2016.
Some of his notable litigation successes are:
- Obtaining summary judgment for a class of persons who had sold businesses to Waste Management, Inc. for common stock of Waste Management, and successfully defending defendant’s appeal of the class certification order, Mowbray v. Waste Management Holdings, Inc., 208 F.3d 288 (2000). The case was subsequently settled for a combination of cash and stock with a total value of $25 million.
- Serving as the court-appointed co-chairman of the Plaintiffs’ Executive Committee in In re Merrill Lynch Analyst Reports Sec. Litig., 02-MDL-1484 (S.D.N.Y.), and as the court-appointed lead counsel in two of the Merrill Lynch securities analyst cases, InfoSpace Analyst Reports Sec. Litig. and Internet Capital Group Analyst Reports Sec. Litig., which resulted in a court-approved settlement in the amount of $125 million.
- Serving as co-lead chief trial counsel, along with Thomas G. Shapiro, in the securities class action entitled Fulco v. Continental Cablevision (D. Mass.), a three-week jury trial, which returned a verdict for the plaintiffs for approximately $4.5 million.
Mr. Haber was one of the court-appointed lead counsel in the consolidated derivative action brought on behalf of the HealthSouth Corporation against its founder and former CEO Richard Scrushy, its other former officers and directors, its auditors, investment bankers, and others. This action coordinated derivative actions brought on behalf of HealthSouth in the Delaware Chancery Court, the Federal District Court in Alabama, and the state court in Birmingham, Alabama. The legal team, on which Shapiro Haber & Urmy served as one of the lead counsel, obtained the following recoveries for HealthSouth:
- Obtaining summary judgment in the Delaware Chancery Court, for over $17 million, against Mr. Scrushy, In re HealthSouth Corp. Shareholders Litig., 845 A.2d 1096 (Del. Ch. 2003), aff’d, 847 A.2d 1121 (Del. 2004).
- Obtaining summary judgment in the Circuit Court of Jefferson County, Alabama against Scrushy for over $47 million, see Tucker v. Scrushy, 2006 WL 37028 (Ala. Cir. Ct. Jan. 3, 2006), aff’d, 2006 WL 2458818 (Ala. Aug. 25, 2006).
- Securing a settlement of the derivative claims against some of the officers and directors of HealthSouth (not including Scrushy) for $100 million, to be paid by those defendants’ insurers.
- Securing a $133 million settlement of the derivative claims against HealthSouth’s former investment advisor.
- Obtaining a $2.8 billion dollar judgment against Mr. Scrushy after a bench trial in the Circuit Court of Jefferson County, Alabama.
- Commonwealth of Massachusetts
- United States District Court for the District of Massachusetts
- United States Court of Appeals for the First Circuit
- United States Court of Appeals for the Seventh Circuit
- Supreme Court of the United States