For the past 26 years, Kathleen Herkenhoff has focused her practice on litigating complex securities class and derivative actions in courts across the country and has helped obtain more than $1 billion in settlement recoveries. She joined Haeggquist & Eck (H&E) as a partner in June 2017.
At HAE, Kathleen has continued to investigate claims of corporate misconduct on behalf of both shareholders and consumers.
In 2018, Kathleen was appointed by U.S. District Judge Edward J. Davila to serve on the Plaintiffs’ Executive Committee for a massive class action lawsuit against Apple. The case, In re: Apple Inc. Device Performance Litigation, focuses on claims that Apple sold materially defective iPhones and iPads worldwide over a multi-year period, and that Apple purposefully caused further impairment to the performance of these devices by periodic iOS updates that intentionally decreased battery life, throttled the speed at which the devices operated, and introduced a host of other issues.
Since joining HAE, Kathleen has also expanded her practice to include pursuing relief for employees victimized by illegal conduct in the workplace, whether it be for wage and hour claims, discrimination, harassment or a host of other improper practices.
Kathleen started her law career in 1993 at the United States Securities and Exchange Commission’s Pacific Regional Office in Los Angeles, where she investigated and prosecuted complex securities fraud and insider trading actions, including securing a $22 million securities fraud judgment in favor of the SEC. In 1997, she joined Milberg Weiss Bershad Hynes & Lerach LLP (later Coughlin Stoia) in Los Angeles and served as a partner in the firm’s San Diego office from 2002 to 2009. During her 12 years at the firm, she practiced in all areas of securities class and derivative litigation, and settled numerous actions for both monetary recoveries and sweeping corporate governance improvements.
Kathleen was also one of the first attorneys at Coughlin Stoia to handle the litigation of the consolidated securities class action ultimately known as In re HealthSouth Corp. Sec. Litig., which action settled (in stages) after years of litigation for a combined recovery of approximately $671 million.
In 2010, Kathleen spearheaded the opening of a California office for a boutique East coast firm with merger & acquisition and derivative practice groups. In that role, Kathleen played a key part in drafting and obtaining cutting edge corporate governance reforms at SciClone Pharmaceuticals, Inc., based on conduct the plaintiffs alleged violated the Foreign Corrupt Practices Act of 1977. She secured the firm’s position as lead counsel in an action that obtained more than $10 million in consideration and novel governance improvements (In re Velti PLC Securities Litig., Master File No. 3:13-cv 03889-WHO (N.D. Cal. Feb. 3, 2015) and played an instrumental role as co-lead counsel in another shareholder derivative litigation which resulted in more than $10 million in financial consideration being secured for Diamond Foods, Inc.’s benefit. Kathleen was also involved in key aspects of the litigation of shareholder derivative litigation against various Allergan, Inc. insiders for the alleged illegal marketing of Botox.
A native of San Jose, Calif., Kathleen calls San Diego home, but maintains strong ties to the Bay Area community. She has worked in several major cities in California, including San Francisco, San Jose, Sacramento, Los Angeles, and San Diego, and currently resides in Carmel Valley.
- J.D., Pepperdine University School of Law
- Dean’s Honor List
- American Jurisprudence Award, Constitutional Law and Agency-Partnership
- B.A. in English Literature, University of California at Berkeley
- American Jurisprudence Award, Constitutional Law and Agency-Partnership, Pepperdine University School of Law
- $671 million in consolidated securities class action case against HealthSouth Corp.
- $618 million in opt-out litigation against AOL Time Warner, Inc.
- $122 million in class action against Mattel, Inc.
- $100 million in class action against Honeywell International, Inc.
- $30+ million in derivative stock option backdating cases
- Appointed to Plaintiffs’ Executive Committee for a massive consumer class action lawsuit against Apple (In re: Apple Inc. Device Performance Litigation)