Bio

Kent Bronson

Partner

Practice Areas:
Contact Information:
Phone: 646-733-5724

Education:
B.A., State University of New York at Binghamton, 1994
J.D., cum laude, University of Pittsburgh, 1998

Bar Admissions:
New York, 1999
Mr. Bronson's practice is primarily focused on securities class action litigation and stockholder derivative litigation, as well as other complex commercial litigation. Prior to joining Milberg, while associated with another firm, Mr. Bronson was part of a team of attorneys representing New York homeowners (In re Coordinated Title Insurance Litigation, Index No. 009600/2003 (N.Y. Sup. Ct. Nassau Cnty, Comm. Div.)) alleging that eight insurance companies overcharged them for title insurance in refinance transactions. The litigation resulted in complete recovery to homeowners submitting valid claims, and was reportedly the largest settlement of a consumer class action in Nassau County. The presiding Justice, in approving the $31.5 million settlement, described the prosecution of the case as reflecting “lawyering of the highest quality.” Also, in In re Providian Financial Securities Litig., MDL 1301 (E.D. Pa.), Mr. Bronson was one of the attorneys representing the Xerox (GB) Pension Scheme (then overseeing about $2.5 billion in employee retirement funds for the British affiliate of Xerox Corp.) in a securities fraud class action alleging a major credit card company’s inflation of profits with illegal consumer charges. The Court approved a $38 million settlement of that case, commenting on the “extremely high quality” and “skill and efficiency” of plaintiffs’ counsel’s work.

Mr. Bronson has been involved in many complex class action, stockholder derivative, and other complex cases in state and federal courts involving, inter alia, securities law violations and breaches of fiduciary duty by corporate directors and officers. Many of these have resulted in recovery of millions of dollars for aggrieved stockholders and consumers, and corporate governance reforms and related improvements to benefit public stockholders, and other significant relief. These cases include, among others:

Callsome Solutions Inc. v. Google Inc., No. 652386/2014, 2018 WL 5267147, 2018 NY Misc. LEXIS 4852, 2018 NY Slip Op 32716(U) (NY Cty, Comm. Div., Oct. 23, 2018), pending in the New York State Supreme Court, Commercial Division, New York County. Mr. Bronson serves as lead attorney for the plaintiff in a case involving state law claim for trade libel and tortious interference with contract against Google LLC (formerly Google, Inc.) on behalf of an app developer startup, based on Google’s improper, and oppressive conduct which unfairly drove plaintiff’s product from the Google Play Store. Plaintiff’s claims for tortious interference and trade libel were upheld by order of the Court in 2015. In October 2018 the Court issued an important opinion sanctioning Google connection with over-designation of materials as “Attorneys’ Eyes Only (AEO).” The Court found Google and its counsel responsible for discovery misconduct toward both Plaintiff and the Court and engaging in abusive and bad faith conduct by, among other things, “admitted use of AEO designations to punish Callsome”; making AEO designations, engaging in “a strategy to ‘maliciously injure’ Callsome,” and “an effort to thwart judicial scrutiny of its designations”; and “flout[ing] widely accepted rules of civility embedded in New York litigation, and in particular the Commercial Division.” The decision can be found at https://law.justia.com/cases/new-york/other-courts/2018/2018-ny-slip-op-32716-u.html and https://www.law360.com/articles/1095146/google-sanctioned-for-overdesignating-docs-as-private

In re Biovail Corp. Securities Litigation, No. 03-8917 (S.D.N.Y.), a federal securities fraud class action in which Milberg LLP served as co-lead counsel on behalf of the Local 282 Welfare Trust Fund, and which was settled for $138 million and certain corporate governance modifications.

New Jersey Carpenters Pension Fund v. infoGROUP, Inc., No. 5334-VCN (Del. Ch.), a breach of fiduciary duty of loyalty action involving the 2010 acquisition of infoGROUP, Inc. for approximately $650 million by private equity fund CCMP Capital Advisors, in which Mr. Bronson served as co-lead counsel in litigation in which the amended complaint, drafted by Milberg) was upheld with a Court finding that desire or need for significant liquidity raised an inference that largest stockholder/company founder “suffered a disabling interest” when voting on a merger which “would provide him with over $100 million in cash,” and allegations also raised an inference that founder dominated the remaining directors such that they could not be deemed to have independently approved the merger. This litigation resulted in a remarkable $13 million common fund recovery for the settlement class.

City of Miami Police Relief & Pension Fund v. Ryland Group, Inc., No. BC411143 (Cal. Super. Ct. Los Angeles Cnty.), a stockholder derivative action against homebuilding and mortgage lender The Ryland Group, Inc., which resulted in a settlement in 2011 involving a $1 million recovery for the company and significant corporate governance improvements and related reforms materially benefiting the company and its stockholders. This case arose from violations of HUD regulations by a mortgage issuer. Plaintiff’s stockholder derivative complaint was only the second ever to survive under the state of Maryland’s onerous demand futility standard. In approving the settlement, the Court commented: favorably upon “the amount of [corporate governance] changes” and the “additional money to the corporation to help them carry that out,” calling it “very significant.”

In re Southwest Airlines Derivative Litigation. (Carbon County Employee Retirement System v. Kelly, No. 08-08692 (Dist. Ct. Dallas Cnty., Tex.), a stockholder derivative litigation, in which Milberg, representing the New Jersey Building Laborers Pension and Annuity Funds, acted as co-lead counsel and that resulted in a settlement requiring significant reforms to the air carrier’s corporate governance and safety and maintenance practices and procedures for the benefit of Southwest and its stockholders. This settlement was achieved following mediation before late federal district court judge Nicholas Politan and consultation by plaintiffs counsels’ expert, a former Vice Chairman of the National Transportation Safety Board and Senior Representative for the FAA. This settlement resulted in large part from a draft complaint prepared by Milberg and provided to Southwest and its Special Committee containing allegations based on Milberg’s own extensive investigation.

In re Invacare Derivative Litigation, No. 11- 1893 (N.D. Ohio), in which Milberg represented the City of Lansing Police & Fire Retirement System in litigation involving repeated violations of FDA regulations and which resulted in a settlement in 2012 requiring substantial corporate governance and related reforms benefitting Invacare and its stockholders, including, inter alia, the drastic expansion of Invacare’s whistleblower policy and procedures to cover for the first time FDA-related complaints.

Mr. Bronson served as the Panel Administrator for the 2012 New York County Democratic Committee Independent Judicial Screening Panel, which evaluated and reported on candidates for Democratic Party nominations for Civil Court and Surrogate’s Court judgeships.

During law school, Mr. Bronson was a research editor of the University of Pittsburgh Law Review and a recipient of the University of Pittsburgh School of Law Dean’s Scholarship.

Mr. Bronson is admitted to practice in New York State Courts, the United States District Courts for the Southern, Eastern, and Northern Districts of New York, and the United States Courts of Appeals for the Second and Tenth Circuits. Mr. Bronson has been admitted pro hac vice to appear and prosecute stockholder class and derivative actions in a number of other state and federal courts.