Jason A. Forge

Alphabet: A Published Ninth Circuit Decision

Rhode Island, acting through its state retirement system, alleged that Alphabet and Google omitted known Google+ security problems from public filings. Forge led the investor team before the Ninth Circuit on claims under Sections 10(b) and 20(a) of the Securities Exchange Act.

A unanimous panel held that the complaint adequately alleged materially misleading omissions in two Forms 10-Q and sufficiently alleged scienter. The published decision restored the securities claims for further proceedings.

The appeal connected known Google+ security problems to risk statements in Alphabet’s filings. It addressed why language describing a risk as hypothetical could be misleading after the alleged risk had materialized.

The published ruling reopened document and witness discovery, market and damages analysis, class issues, and testing of the privacy and cybersecurity record against Alphabet’s filings. The appeal also treated omission doctrine directly: incomplete statements can mislead when omitted facts change what investors would understand from the language used.

Rhode Island continued as lead plaintiff, and Forge led the investor team through renewed litigation, class and expert work, negotiation, notice, and final approval of a $350 million settlement on September 30, 2024. The team included Laura Andracchio, Michael Albert, Marco Janoski Gray, Ting Liu, Kenneth Dolitsky, Sarah Fallon, and the pension-fund plaintiff.

Forge coordinated the appeal-to-remand record with the pension fund’s class responsibilities, including expert development, investor decisions, notice, and final-approval work.

Puma Biotechnology Before a Jury

Hsu v. Puma Biotechnology reached a federal securities jury trial concerning a challenged statement about neratinib. Jurors found a knowing violation and determined artificial inflation of $4.50 per share.

The district court entered judgment for approved claimants of $50,670,968.37 in principal damages plus specified prejudgment interest. Subsequent proceedings produced payment of validated damages and interest.

Forge served on the trial team with Darren Robbins, Tor Gronborg, Trig Smith, Marco Janoski Gray, Ting Liu, Grace Cho, and others. The presentation joined the clinical record, challenged statement, evidence of state of mind, market proof, and per-share inflation analysis in the jury case.

Pfizer: Reopened Executive Discovery

In the Pfizer securities litigation, Forge identified documents the company had not produced before fact discovery closed and obtained an order reopening discovery.

The investor team then redeposed Pfizer’s former chief executive, chief financial officer, and general counsel on the corrected record. Within six months of those depositions, the litigation produced a $400 million settlement.

ARCP Expert Examinations

In the American Realty Capital Properties litigation, the plaintiff team defeated twelve summary-judgment motions involving forty defendants and prepared for seventeen expert depositions.

Forge led examinations of nine defense experts who advanced a shared truth-on-the-market theory. The principal expert was withdrawn after those depositions. The litigation produced a $1.025 billion court-approved settlement.

Federal Prosecution and Appellate Work

Before joining Robbins Geller, Forge served in United States Attorney’s Offices in California and Virginia. He handled complex grand-jury investigations, jury and bench trials, and appeals. His matters included the month-long trial of a defense contractor in the bribery prosecution associated with former Congressman Randy Cunningham.

That prosecution work required him to identify sources, preserve a chronology, test competing accounts, and isolate facts that could be proved to a neutral decision-maker—methods he later applied to corporate records, market evidence, scientific testimony, and expert examinations.

Forge has written and argued state and federal appeals, including an en banc Ninth Circuit argument. He has also taught white-collar crime and trial practice.

Current Practice and Education

Forge is Of Counsel in Robbins Geller’s San Diego office. His practice centers on complex securities investigations, discovery enforcement, expert examination, trials, and appeals.

He earned a business degree with high distinction from the University of Michigan and a law degree, magna cum laude, from Michigan Law School, where he was elected to the Order of the Coif. He is admitted in California and Michigan and before federal courts including the Sixth and Ninth Circuits.