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Stanford Law School


The Charles Schwab Corporation : Schwab YieldPlus Funds Investor Shares or Schwab YieldPlus Funds Select Shares
Summary: On February 4, 2009, the Honorable William H. Alsup issued the Order on the various motions to dismiss. According to the Order, the motions to dismiss filed by the Schwab defendants and the independent trustees are granted in part and denied in part. PricewaterhouseCoopers’ motion to dismiss is granted. Finally, the motion to strike is denied. Plaintiff may move for leave to amend the dismissed claims by February 26, 2009.

On August 18, 2008, the Honorable William H. Alsup granted the motion of the lead plaintiff to appoint law firm Hagen Berman Sobol Shapiro LLP as its lead counsel in the case. On October 2, 2008, the plaintiffs filed a First Consolidated Amended Complaint against all defendants. The First Consolidated Amended Complaint adds additional claims and defendants. On November 6, 2008, the defendants filed several motions to dismiss the First Consolidated Amended Complaint.

The original class action lawsuit was filed on behalf of those who purchased Schwab YieldPlus Funds Investor Shares or Schwab YieldPlus Funds Select Shares from Charles Schwab Corporation during the Class Period.

Specifically, the complaint claims Charles Schwab Corporation headquartered in San Francisco, CA, the funds' underwriter, investment advisers and officers and directors issued untrue statements regarding the lack of diversification of these funds and the extent of investments assigned to sub-prime mortgage backed and related securities. The complaint alleges the funds registration statements and prospectuses contained untrue statements of material facts, and omitted important information regarding the funds' investments, ultimately misleading investors.

On Nov. 15, 2004, the Company began offering the Schwab YieldPlus investment funds through a registration statement and prospectus. The YieldPlus funds are advertised by the defendants as 'a safe alternative to money market funds that preserve principal while being designed with your income needs in mind'. Throughout the Class Period the Company claimed the funds were investments in a large, well-diversified portfolio, a seasoned team of taxable bond portfolio managers actively managed the funds, and that investment in Schwab YieldPlus would return higher yields on cash with only marginally higher risk, a smart alternative. Since July of 2007, the share price for the funds began lowering, for a total loss of 18 percent. Today the funds stand at an all-time low of $7.96, down more than 11 percent from Jan. 1, 2008.

The lawsuit claims the funds are not well diversified, instead concentrated in a single risky industry with more than 50 percent of the funds assets invested in the mortgage industry. The lawsuit seeks remedies under the 1933 Act on behalf of all fund purchasers during the Class Period.

INDUSTRY CLASSIFICATION:
SIC Code: 6211
Sector: Financial
Industry: Investment Services


COMPANY/ISSUER NAME: The Charles Schwab Corporation
COMPANY/ISSUER TICKER: SCHW
COMPANY WEBSITE: http://www.schwab.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Mike Labins, et al. v. The Charles Schwab Corporation, et al.
 COURT: N.D. California  DOCKET NUMBER: 08-CV-01510
 JUDGE NAME: Hon. William H. Alsup
 DATE FILED: 03/18/2008  SOURCE: Notice of Filing
 CLASS PERIOD START: 03/17/2005  CLASS PERIOD END: 03/18/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Hagens Berman Sobol Shapiro LLP (Berkeley)
      715 Hearst Avenue, Suite 202, Berkeley, CA, 94710
       (voice) 510.725.3000, (fax) 510.725.3000, info@hbsslaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint for Violation of the Federal Securities Laws - Jury Trial Demanded
    Type: Complaint Date on the document: 03/18/2008
    Declaration Of Timothy J. Burke In Support Of Motion By Karen Cunningham, Mark Kale And Monte Lewis For Appointment Of Lead Plaintiffs And Lead Counsel Pursuant To Section 27 Of The Securities Exchange Act Of 1933, And For Consolidation Of All Related Actions
    Type: Declaration Date on the document: 5/16/2008
    Notice Of Motion And Motion By Karen Cunningham, Mark Kale And Monte Lewis For Appointment Of Lead Plaintiffs And Lead Counsel Pursuant To Section 27 Of The Securities Exchange Act Of 1933, And For Consolidation Of All Related Actions; Memorandum Of Points And Authorities In Support Thereof
    Type: Motion Date on the document: 5/16/2008
    [Proposed] Order Granting Motion By Karen Cunningham, Mark Kale And Monte Lewis For Appointment Of Lead Plaintiffs And Lead Counsel Pursuant To Section 27 Of The Securities Act Of 1933, And For Consolidation Of All Related Actions
    Type: Order Date on the document: 5/16/2008
    Notice Of Withdrawal Of Motion By Karen Cunningham, Mark Kale And Monte Lewis For Appointment Of Lead Plaintiffs And Lead Counsel Pursuant To Section 27 Of The Securities Exchange Act Of 1933, And For Consolidation Of All Related Actions
    Type: Notice Date on the document: 5/28/2008
    Order Consolidating Actions And Requesting Information From Lead Plaintiff Candidates
    Type: Order of Consolidation Date on the document: 6/11/2008
    Order Re Consolidating Levin, C 08-02487
    Type: Order of Consolidation Date on the document: 7/2/2008
    Order Consolidating Cases
    Type: Order of Consolidation Date on the document: 7/23/2008
    Order Granting Appointment Of Hagens Berman Sobol Shapiro LLP As Lead Counsel
    Type: Order Appointing LP/LC Date on the document: 8/18/2008

    REFERENCE COMPLAINT
    In Re Schwab Corp. Securities Litigation
     COURT: N.D. California  DOCKET NUMBER: 08-CV-01510
     JUDGE NAME: Hon. William H. Alsup
     DATE FILED: 10/02/2008  SOURCE: Docket
     CLASS PERIOD START: 03/17/2005  CLASS PERIOD END: 03/17/2008
     TYPE OF COMPLAINT: First Consolidated
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Hagens Berman Sobol Shapiro LLP (Berkeley)
      715 Hearst Avenue, Suite 202, Berkeley, CA, 94710
       (voice) 510.725.3000, (fax) 510.725.3000, info@hbsslaw.com
  • Hagens Berman Sobol Shapiro LLP (Seattle)
      1301 Fifth Avenue, Suite 2900, Seattle, WA, 98101
       (voice) 206-623-7292, (fax) 206-623-0594, info@hagens-berman.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    First Consolidated Amended Complaint
    Type: Complaint Date on the document: 10/2/2008
    Notice Of Voluntary Dismissal Without Prejudice Pursuant To Rule 41(A) Of The Federal Rules Of Civil Procedure
    Type: Notice Date on the document: 11/11/2008
    Notice Of Settlement Conference And Settlement Conference Order
    Type: Notice Date on the document: 02/02/2009
    Order Re Motions To Dismiss Of Schwab Defendants, Independent Trustees, And PricewaterhouseCoopers; Order Re Motion To Strike
    Type: Order Date on the document: 02/04/2009
    US District Court Civil Docket
    Type: Docket Date on the document: 2/4/2009
    Defendant Kimon P. Daifotis’ Opposition To Lead Plaintiffs’ Motion For Class Certification
    Type: Other Date on the document: 05/29/2009
    Opposition To Class Certification
    Type: Other Date on the document: 05/29/2009
    Answer To First Consolidated Amended Complaint
    Type: Other Date on the document: 06/05/2009
    Defendant Kimon P. Daifotis’s Answer To Plaintiffs’ First Consolidated Amended Complaint
    Type: Other Date on the document: 06/05/2009

     OTHER DOCUMENTS
    Class Action Complaint for Violations of the Federal Securities Laws - Jury Trial Demanded
    Case Name and/or Number: Gerry Hageman, et al. v. The Charles Schwab Corporation, et al.
    Type: Complaint Date on the document: 3/31/2008
    Complaint - Jury Trial Demanded
    Case Name and/or Number: R. Daniel Bohl, et al. v. The Charles Schwab Corporation, et al.
    Type: Complaint Date on the document: 4/8/2008
    Class Action Complaint for Violation of Federal Securities Laws - Jury Trial Demanded
    Case Name and/or Number: Nils Flanzraich, et al. v. The Charles Schwab Corporation, et al.
    Type: Complaint Date on the document: 4/16/2008
    Class Action Complaint for Violation of the Federal Securities Laws - Jury Trial Demanded
    Case Name and/or Number: Hugh John Tully, et al. v. The Charles Schwab Corporation, et al.
    Type: Complaint Date on the document: 4/16/2008
    Class Action Complaint
    Case Name and/or Number: Mike Labins, et al. v. The Charles Schwab Corporation, et al.
    Type: Complaint Date on the document: 4/21/2008
    Class Action Complaint - Jury Trial Demanded
    Case Name and/or Number: Arnita Coleman, et al. v. The Charles Schwab Corporation, et al.
    Type: Complaint Date on the document: 6/17/2008

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