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TMCNet:  Phillips, Erlewine & Given Attorneys Named Consumer Attorney of the Year Award Finalists

[November 09, 2012]

Phillips, Erlewine & Given Attorneys Named Consumer Attorney of the Year Award Finalists

SAN FRANCISCO --(Business Wire)--

Phillips, Erlewine & Given is pleased to announce that partners Nick Carlin and David Given have been selected as finalists for Consumer Attorneys of California's (CAOC) "Consumer Attorney of the Year" award. Mr. Carlin and Mr. Given were recognized for their work on In Re: Checking Account Overdraft Litigation, 1:09-MD-02046-JLK, in which they, in conjunction with other law firms, successfully obtained a $410 million settlement from Bank of America on behalf of customers who were overcharged for overdraft fees. The amount mark one of the largest ever settlements in a consumer class action.


"The Bank of America case is a perfect example of a large corporation systematically taking advantage of individual consumers," Mr. Carlin said. "We're proud to have helped put an end to this shocking practice and honored to be nominated for this award."

Bank of America and other banks had for years manipulated the order of debit card transactions to maximize overdraft fees. More than 13 million Bank of America customers were affected by these deceptive practices, which resulted in billions of dollars in overdraft charges.

Mr. Carlin and Mr. Given originated the case in California, which later merged with other lawsuits against the nations' leading banks in multi-district litigation. James Lawrence King, the federal judge who approved the settlement wrote: "This is a marvelous result for the members of the class . . . but for the high level of dedication, ability and massive and incredible hard work by [their] attorneys . . . I do not believe the Class would have ever seen a penny."

The Consumer Attorney of the Year Award is presented by CAOC in recognition of outstanding performance in the face of challenging circumstances. The winner will be announced at CAOC's Annual Installation and Awards Dinner on November 10th, 2012.

About Phillips, Erlewine & Given LLP

Phillips, Erlewine & Given LLP represents individuals and businesses in a wide variety of matters including intellectual property, entertainment, technology, employment, commercial, insurance, personal injury, and class actions. The firm has offices in San Francisco and Los Angeles.


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