Darren T. Kaplan

New York - Of Counsel | 212-999-7370 (Direct) | kaplan@stuevesiegel.com

Darren received his B.A. degree in political science from Syracuse University and his J.D. from Hofstra University School of Law. He is admitted to the state bars of Connecticut, Georgia and New York.  Darren has been selected as a New York Metro Super Lawyer for the last seven years and is rated AV – the highest designation a lawyer can achieve from publisher Martindale-Hubbell.

Darren joined Stueve Siegel Hanson in 2014. He was formerly a partner at Chitwood Harley Harnes LLP and Harnes Keller LLP in New York, New York where he litigated a number of cases in the areas of corporate governance, investor rights, securities fraud and consumer protection.

In addition to representing shareholders in derivative and class action litigation, Darren also focuses on representing institutional investors in litigation and arbitration of significant transactional claims and has written extensively on the legal issues surrounding hedge funds and private equity funds as well as structured asset-backed securities, derivatives, and swaps.  In 2011, Darren was a featured speaker at the American Conference Institute's National Summit on the Future of Fiduciary Responsibility.

Darren is often interviewed on the subjects of class actions and investor lawsuits and articles about him and his cases have appeared in numerous media outlets including The New York Times, The Wall Street Journal, The National Law Journal, Business Week, MSNBC and the Seattle Post Intelligencer. He recently appeared on the BBC Television program Watchdog and Television New Zealand's Fair Go.

  • EXPERIENCE
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RECENT LITIGATION HIGHLIGHTS

Baker v. Microsoft Corporation Currently awaiting argument in the United States Supreme Court, Darren is co-lead counsel for a putative class of owners of Microsoft’s Xbox 360 video game console who allege a design defect in the console causes scratches and gouges that render game discs unplayable. The U.S. District Court for the District of Washington struck the class allegations based on an earlier class certification denial by another District Court. Following a stipulated dismissal with prejudice in order to vest appellate jurisdiction with the Court of Appeals, the Ninth Circuit Court of Appeals reversed the District Court and remanded the case for further proceedings. In January 2016, the U.S. Supreme Court granted certiorari to review the decision of the Ninth Circuit. 

Parm v. Nat’l Bank of California, N.A. One of several suits across the country that Darren is leading alongside Norm Siegel alleging certain banks known as Originating Depository Financial Institutions (ODFIs) processed illegal payday loans on behalf of payday lenders operating in states that have banned or restricted payday loans. The cases allege that the ODFIs have facilitated illegal payday lending and include claimed violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and seek damages associated with the illegal loans. The decision of the Northern District of Georgia denying a motion by the ODFI to force arbitration of the borrowers’ claims was affirmed by the Eleventh Circuit Court of Appeals in August 2016. 

Moss v. First Premier Bank  One of several suits across the country that Darren is leading alongside Norm Siegel alleging certain banks known as Originating Depository Financial Institutions (ODFIs) processed illegal payday loans on behalf of payday lenders operating in states that have banned or restricted payday loans. The cases allege that the ODFIs have facilitated illegal payday lending and include claimed violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and seek damages associated with the illegal loans. The decision of the Eastern District of New York vacating its prior order requiring arbitration of the borrowers’ claims was affirmed by the Second Circuit Court of Appeals in August 2016. 

Flagg v. First Premier Bank  One of several suits across the country that Darren is leading alongside Norm Siegel alleging certain banks known as Originating Depository Financial Institutions (ODFIs) processed illegal payday loans on behalf of payday lenders operating in states that have banned or restricted payday loans. The cases allege that the ODFIs have facilitated illegal payday lending and include claimed violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and seek damages associated with the illegal loans. The decision of the Northern District of Georgia denying a motion by the ODFI to force arbitration of the borrowers’ claims was affirmed by the Eleventh Circuit Court of Appeals in February 2016. 

Bank Overdraft Fee Litigation Darren was co-lead counsel in seven cases in the in Multi-District Litigation against the nation's major banks for the collection of excessive overdraft fees. The lawsuits charge that the banks entered charges debiting customer's accounts from the "largest to the smallest" for the purpose of maximizing the number of times they could assess their customers overdraft fees.  In March 2013, the Court granted final approval to a $13 million settlement of the case against Associated Bank and also granted final approval of an $18.3 million settlement of the case against Commerce Bank.  In April 2013, the Court granted final approval to a settlement of $9.4 million against Harris Bank. In August 2016, following remand for trial from the MDL court, the Northern District of Florida granted final approval of a settlement of $24 million against BancorpSouth.

DeKalb County Pension Fund v. Google, Inc. Following Google’s refusal to comply with a shareholder demand for documents by the DeKalb County Pension Fund, this case went to trial in the Delaware Chancery Court where Darren served as lead trial counsel for the plaintiff.  At the conclusion of the trial, in February 2011, the Vice-Chancellor ordered Google to produce hundreds of pages of documents sought.  

In re Maxim Integrated Products, Inc. Securities Litigation Darren served on the team of lawyers that represented the Public Employees Retirement System of Mississippi, the Cobb County Government Employees’ Pension Plan, and the DeKalb County Pension Fund in securities fraud claims relating to options backdating. In September 2010, the Court granted final approval to a settlement in the amount of $173 million.

Connecticut

New York

Georgia

All Federal District Courts - New York

U.S. District Courts, Northern and Middle Districts of Georgia

U.S. District Court, Northern District of Florida

U.S. Court of Federal Claims

U.S. Court of International Trade

Second, Third, Fourth, Ninth, Eleventh and Federal Circuit Courts of Appeal

United States Supreme Court

Hofstra University School of Law – J.D.

Syracuse University

Major: Political Science

New York Metro Super Lawyers  2011, 2013-2016

AV Preeminent® Peer Review Rated - Martindale-Hubble 

Village of Kensington, New York

2008—2011        Architectural Review Board

2009-2010           Mayor’s Task Force on Revisions to Village Code

2011-2013           Chairman of the Architectural Review Board

2013-present     Elected to Village Board of Trustees

2013-present     Commissioner of Buildings

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