Plaintiff`s Counsel Declarations in Support of Motion

Transcription

Case: 1:12-cv-00276 Document #: 123 Filed: 03/17/14 Page 1 of 34 PageID #:2881
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
THURMAN ROSS, by and on behalf of
himself and all others similarly situated,
Plaintiff,
v.
No. 12-CV-00276
CAREER EDUCATION CORPORATION,
GARY E. McCULLOUGH and MICHAEL J.
GRAHAM,
Honorable John W. Darrah
Defendants.
DECLARATION OF JAMES M. HUGHES
FILED ON BEHALF OF MOTLEY RICE LLC IN SUPPORT OF
APPLICATION FOR AWARD OF ATTORNEYS’ FEES AND EXPENSES
I, James M Hughes, declare as follows:
1.
I am a member of the firm of Motley Rice LLC (“Motley Rice”). I am admitted to
the bars of South Carolina, the United States District Court for the District of South Carolina, the
United States Courts of Appeals for the Fourth and Eleventh Circuits, and the United States Supreme
Court. I have been admitted to appear pro hac vice before this Court in the above-captioned action
(the “Action”). I have personal knowledge of the matters set forth herein based on my participation
in the prosecution and settlement of the claims asserted on behalf of the Class in the Action, and
submit this declaration in support of Co-Lead Counsel’s application for an award of attorneys’ fees
in connection with services rendered in the Action, as wee al for reimbursement of expenses incurred
in connection with the Action.
2.
Motley Rice acted as Plaintiffs’ Co-Lead Counsel in this Action. In this capacity,
Motley Rice was involved in all aspects of this Action, from investigating and preparing the
complaint, to briefing the motion to dismiss and motion for class certification, and then pressing
through contentious discovery to a final settlement. The specifics of Motley Rice’s work as Co-Lead
Counsel is detailed more fully in the Joint Declaration of James M. Hughes and Jeff A. Almeida in
Support of Lead Plaintiffs’ Motions for (A) Final Approval of Class Action Settlement and Plan of
Distribution of Settlement Proceeds, and (B) Award of Attorneys’ Fees and Expenses.
3.
The schedule attached hereto as Exhibit A is a detailed summary indicating the
amount of time spent by each attorney and professional support staff employee of my firm who was
involved in this Action, and the lodestar calculation for those individuals based on my firm’s 20132014 billing rates. For personnel who are no longer employed by my firm, the lodestar calculation is
based upon the billing rates for such personnel in his or her final year of employment by my firm.
The schedule was prepared from contemporaneous daily time records regularly prepared and
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maintained by my firm. Time expended in preparing this application for fees and reimbursement of
expenses has not been included in this request.
4.
The hourly rates for the attorneys and professional support staff in my firm included
in Exhibit A are the same as the regular rates that would be charged for their services in noncontingent matters.
5.
The total number of hours expended on this Action by my firm from its inception
through and including March 14, 2014, is 1,426.55. The total lodestar for my firm for that period is
$925,101.25, consisting of $882,003.75 for attorneys’ time and $43,097.50 for professional support
staff time.
6.
As detailed in Exhibit B, my firm is seeking reimbursement for a total of $163,298.56
in unreimbursed expenses. The expenses derive from invoices that Motley Rice has paid to date in
connection with direct, out-of-pocket charges incurred by Motley Rice in connection with the
prosecution of this Action from its inception through and including March 14, 2014. There are no
outstanding, unpaid invoices. These expenses are thus for actual incurred expenses presented in
accordance with my firm’s expense policies. The following is additional information regarding
certain of these expenses and charges:
Meals, Hotels and Transportation: $7,486.03. In connection with the prosecution of this
case, the firm has paid for travel expenses to attend, among other things, court hearings and
mediation, and to meet with clients and witnesses. The date, destination and purpose of each trip is
set forth in Exhibit C, attached hereto.
Photocopying: $138.46. In connection with this case, the firm made 602 in-house copies,
charging $0.23 per copy. Each time an in-house copy machine is used, our billing system requires
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that a case or administrative billing code be entered and that is how the 602 copies were identified as
related to this case.
Filing, Witness and Other Fees: $588.20. These costs have been paid to the court for filing
fees and to attorney service firms or individuals who either: (i) served process of the complaint or
subpoenas, (ii) obtained copies of court documents for plaintiffs, or (iii) delivered courtesy copies to
the Judge’s chambers. These costs were necessary to the prosecution of the case in order, among
other things, to file the complaint, to serve the complaint and subpoenas, and to investigate the facts.
The vendors who were paid for these services are set forth in Exhibit D, attached hereto.
Online Legal Research: $1,914.22. These included vendors such as LexisNexis, Westlaw,
and PACER. These databases were used to obtain access to factual databases, legal research, and
for cite-checking of briefs. The expense amount detailed herein represents our charges for the outof-pocket costs incurred by Motley Rice in connection with use of these services in connection with
this litigation. The charges for these vendors vary depending upon the type of services requested.
For example, Motley Rice has flat-rate contracts with some of these providers for use of their
services. When Motley Rice utilizes services provided by a vendor with a flat-rate contract, a billing
code is entered for the specific case being litigated. At the end of each billing period in which a
service is used, Motley Rice’s costs for such services are allocated to specific cases based on the
percentage of use in connection with that specific case in the billing period. As a result of the
contracts negotiated by Motley Rice with certain providers, the Class enjoys substantial savings in
comparison with the “market-rate” for a la carte use of such services which some law firms may
pass on to their clients. For example, the “market rate” charged by Lexis/Westlaw for the services
used by Motley Rice each month is routinely five to ten times more expensive than the rates
negotiated by Motley Rice and which provide the basis for the expenses set forth herein.
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EXHIBIT A
Ross v. Career Education Corporation et al.
No. 12-CV-00276
MOTLEY RICE LLC
TIME REPORT
Inception through March 14, 2014
NAME
PARTNERS & SENIOR COUNSEL
Hughes, James M.
Levin, Gregg
Narwold, Bill
Ritter, Ann
Sturman, Deborah (Sturman LLC)
HOURS
HOURLY
RATE
LODESTAR
665.25
57.25
86.10
47.75
43.55
$775.00
$775.00
$925.00
$850.00
$850.00
$515,568.75
$44,368.75
$79,642.50
$40,587.50
$37,017.50
ASSOCIATES & STAFF ATTORNEYS
Abel, David
Gruetzmacher, Max
Moriarty, Christopher
Norton, Bill
Oliver, Lance
Oliver, Meghan
Pendell, Michael
Saltzburg, Lisa M.
69.25
7.25
82.25
41.25
16.75
16.25
58.00
56.75
$425.00
$450.00
$425.00
$575.00
$575.00
$575.00
$450.00
$500.00
$29,431.25
$3,262.50
$34,956.25
$23,718.75
$9,631.25
$9,343.75
$26,100.00
$28,375.00
PROFESSIONAL SUPPORT STAFF
Greve, Daphne
Hudnall, Shannon
McLaughlin, Lora
Moeritz, Steffen
Ratliff, Arden
Richards, Evelyn
Shufrin, David
Weil, Katherine
3.00
10.50
17.50
6.00
18.50
22.00
17.90
83.50
$275.00
$225.00
$275.00
$375.00
$175.00
$275.00
$150.00
$250.00
$825.00
$2,362.50
$4,812.50
$2,250.00
$3,237.50
$6,050.00
$2,685.00
$20,875.00
TOTAL LODESTAR:
1,426.55
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$925,101.25
EXHIBIT B
No. 12-CV-00276
MOTLEY RICE LLC
EXPENSE REPORT
Inception through March 14, 2014
CATEGORY
Meals, Hotels & Transportation
Photocopies
Telephone & Facsimile
Messenger & Overnight Delivery
Postage
Filing, Witness and Other Fees
Online Legal Research
Outside Investigator (Forensic Economics, Inc.)
Litigation Fund Contribution
TOTAL EXPENSES:
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AMOUNT
$7,486.03
$138.46
$95.80
$128.38
$0.66
$588.20
$1,914.22
$8,672.50
$144,274.31
$163,298.56
EXHIBIT C
No. 12-CV-00276
MOTLEY RICE LLC
Meals, Hotels and Transportation: $7,486.03
NAME
Sturman, Deborah
Norton, William
Narwold, William H.
Levin, Gregg
Narwold, William H.
Sturman, Deborah
Narwold, William H.
Hughes, James M.
Hughes, James M.
DATE
10/04/1210/08/12
11/18/1211/19/12
01/09/1301/11/13
01/09/1301/11/13
04/21/1304/22/13
05/23/1305/25/13
06/05/1306/06/13
10/30/1310/31/13
04/15/1404/16/14
DESTINATION
PURPOSE
Belgium
Meetings with client.
Chicago, IL
New York, NY
Attend scheduling
conference.
Attend mediation.
New York, NY
Attend mediation.
Philadelphia, PA
Attend mediation.
Belgium
Meetings with client.
Philadelphia, PA
Attend mediation.
Chicago, IL
Attend Preliminary
Approval Hearing.
Attend Final Settlement
Hearing.
Chicago, IL
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EXHIBIT D
No. 12-CV-00276
MOTLEY RICE LLC
Filing, Witness and Other Fees: $588.20
DATE
06/13/12
12/06/12
01/07/13
04/17/13
04/23/13
05/01/13
05/06/13
VENDOR
United States District Court
Northern District of Illinois
American Legal
Investigations and Support
Services
Indiana Legal Support
Services
American Legal
Investigations and Support
Services
PURPOSE
James Hughes-Pro Hac Vice filing fee
Bill Norton- Pro Hac Vice filing fee
Gregg Levin- Pro Hac Vice filing fee
Service of subpoenas
Christopher Moriarty- Pro Hac Vice filing
fee
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EXHIBIT E
No. 12-CV-00276
MOTLEY RICE LLC
FIRM RESUME AND BIOGRAPHIES
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FIRM RESUME
FIRM OVERVIEW
Founded on April 28, 2003, by Ronald Motley, Joseph Rice and
nearly 50 other lawyers, Motley Rice LLC is one of the nation’s
largest plaintiffs’ law firms. Our attorneys, assisted by more
than 200 support personnel, possess extensive experience in a
wide variety of civil litigation.
Motley Rice lawyers initially gained national recognition for
their work representing asbestos victims in the 1970s and
1980s, conducting some of the first successful representations
of injured persons against the asbestos industry. Motley
Rice remains deeply involved in asbestos litigation in various
jurisdictions across the country. The firm continues to represent
clients through involvement on numerous asbestos bankruptcy
trust committees and is active in other workers’ rights and toxic
tort cases.
In the 1990s, Motley Rice attorneys took on the tobacco
industry. Armed with evidence acquired from whistleblowers,
individual smokers’ cases, and tobacco liability class actions,
the attorneys led the campaign of 26 states’ Attorneys General
and several municipalities to recoup state healthcare funds
and exact marketing restrictions from cigarette manufacturers.
Through the litigation, “a powerful industry was forced by U.S.
courts to reveal its internal documents that explain what nine
tobacco companies knew, when they knew it and what they
concealed from the public about their dangerous product.”*
The effort restricted cigarette marketing to children and
culminated in the $246 billion Master Settlement Agreement,
the largest civil settlement in U.S. history.
Following the Sept. 11, 2001 terrorist attacks, Motley Rice lawyers
brought a landmark lawsuit against the alleged private and
state sponsors of al Qaeda and Osama bin Laden. Motley Rice
has undertaken a global investigation into terrorism financing
and, in keeping with its “no stone left unturned” discovery
philosophy, spent more in the first 1½ years of its investigation
of al Qaeda’s financing than the $15 million budgeted by the U.S.
Congress for the entire 9/11 Commission. In the course of this
investigation, Motley Rice created an entire anti-terrorism and
human rights practice which includes cases against defendants
involved in terrorist acts by Libya, Hamas suicide bombers
in Israel, and other corrupt regimes’ human rights abuses.
Motley Rice attorneys also held a crucial role in executing the
strategic mediations and/or settlements in 56 aviation liability
and damages cases against multiple defendants on behalf of
families of the victims of the 9/11 attacks who opted out of the
Victims Compensation Fund.
We continue our efforts to hold responsible national and
international corporations and organizations that willfully and
knowingly harm people and have expanded our other practice
areas to seek protections for shareholders, seek change in
corporate cultures and bring to light issues that affect safety,
security and rights of consumers, investors and the public.
The firm’s lawyers regularly litigate complex cases involving
multiple parties in state and federal jurisdictions throughout
the United States, either as sole counsel for the plaintiffs or
in association with local counsel and other firms. Additionally,
Motley Rice lawyers maximize the use of alternative dispute
resolution where appropriate, such as negotiation, mediation
and arbitration, making it possible to avoid protracted litigation
in some cases. Motley Rice employs state-of-the-art technology
by using video conferencing, extranet access, and a document
management system that enables the firm to process and enter
into the database thousands of articles, liability documents
and all other information and documents used in litigation
proceedings.
The firm has offices in Mt. Pleasant, SC; Providence, RI; Hartford,
CT; New York, NY; Morgantown, WV; Washington, D.C.; Los
Angeles, CA; and New Orleans, LA. Motley Rice lawyers have
represented clients from multiple countries around the world,
including in Latin America, Canada, Europe and the Caribbean.
*World Health Org., The Tobacco Industry Documents: What
They Are, What They Tell Us, and How to Search Them,
(July 2004), available at http://www.who.int/tobacco/
communications/TI_manual_content.pdf.
LITIGATION PROFILES
Motley Rice has held leadership roles in numerous cases.
Highlights include:
AVIATION DISASTERS AND PASSENGER RIGHTS
Amanda Tuxworth v. Delta Air Lines, Inc., No. 2:10-cv-03212-RMG
(D.S.C), an aviation passenger rights case involving a Delta
passenger.
Chris Turner, Individually and as Personal Representative of The
Estate of Tracy Turner v. Ramo LLC, a Florida Limited Liability
Company, No. 11-14066 (Ct. of Appeals, 11th Cir.), an aviation
case involving fraudulent transfer allegations in connection
with a fatal plane crash.
TOXIC TORTS AND OCCUPATIONAL DISEASE
Travelers Statutory Direct Action Settlement (Bankr. Court,
S.D.N.Y.), an eleven-state asbestos settlement with Travelers
Insurance that is working its way through the appellate process.
Plaintiffs’ Steering Committee and coordinating counsel,
Linscomb v. Pittsburgh Corning Corporation, No. 1:90cv-05000
(E.D. Tex.), a national class action on behalf of asbestos victims
nationwide.
xecutive committee member in In re Asbestos School
E
Litigation, No. 94-1494 (E.D. Pa.), a national school asbestos
class action.
Lead plaintiffs’ counsel in Central Wesleyan College v. W.R.
Grace & Co., No. 2:87-1860-8 (D.S.C.), a national asbestos
property damage class action.
Lead plaintiffs’ counsel in In re Raymark Asbestos Exposure
Cases, No. 87-1016-K (D. Kan.), a national asbestos personal
injury class action in which 19,684 claims were resolved.
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Co-lead plaintiffs’ counsel in Cimino v. Pittsburgh Corning
Corporation, No. 1:85-CV-00676 (E.D. Tex.), an asbestos personal
injury class action on behalf of approximately 2,300 plaintiffs.
Co-lead plaintiffs’ counsel in Chatham v. AC&S, et al., a
consolidated asbestos personal injury action involving 300
plaintiffs in the Circuit Court of Harris County, Texas.
o-lead plaintiffs’ counsel in Abrams v. GAF Corporation,
C
No. 88-5422(1) (Jackson Cty., Miss.), a consolidated asbestos
personal action involving more than 6,000 plaintiffs.
o-liaison plaintiffs’ counsel in 3,000 asbestos personal injury
C
cases in the Third Judicial Circuit of Illinois, Madison County,
Illinois.
Co-lead plaintiffs’ counsel in a consolidated asbestos personal
injury action involving 540 plaintiffs pending in the Superior
Court of Alameda County, California.
Plaintiffs’ Steering Committee and liaison counsel for plaintiffs
in In re Asbestos Products Liability Litigation, MDL 875 (E.D. Pa.).
Counsel
in numerous consolidated asbestos trials including 87
consolidated cases in Danville, Illinois; 300 consolidated cases
in U.S. District Court, Western District of New York, Rochester,
New York; 42 consolidated cases in State Court in Mississippi;
and 315 consolidated cases in the Circuit Court of Kanawha
County, West Virginia.
Plaintiffs’ lead counsel in In re Kansas Asbestos Cases in U.S.
District Court for the District of Kansas, In re Madison County
Illinois Asbestos Litigation, and In re Wayne County Michigan
Asbestos Cases.
John Schumacher v. Amtico, et al., No. 2:10-1627 (E.D.Pa.), the
first federal court mesothelioma case to go to trial before
Eduardo C. Robreno, the judge who oversees the entire Federal
Asbestos MDL, In re Asbestos Products Liability Litigation, MDL
875.
In re KBR, Inc. Burn Pit Litigation, MDL 2083 (D. Md.). Motley Rice
attorneys represent hundreds of U.S. soldiers and personnel
who alleged they were willfully exposed to toxins emitted from
open-air burn pits improperly used and operated in Iraq and
Afghanistan by defense contractors.
ENVIRONMENTAL CONTAMINATION
Plaintiffs’ Steering Committee of In re Oil Spill by the Oil Rig
“Deepwater Horizon” in the Gulf of Mexico on April 20, 2010,
MDL 2179, (E.D.La.), and lead settlement negotiators of the two
class action settlements reached with BP, one of which is the
largest civil class action settlement in U.S. history.
Lead plaintiffs’ counsel in Bates v. Tenco Services Inc.,132
F.R.D. 160 (D.S.C. 1990), a jet fuel pollution case involving the
consolidated property damage and personal injury claims of
multiple plaintiffs in the Gold Cup Springs subdivision.
4
ANTI-TERRORISM AND HUMAN RIGHTS
otley Rice attorneys served as plaintiffs’ liaison counsel in
M
In re September 11 Litigation, No. 21-MC-97-AKH (S.D.N.Y),
representing 56 of the 96 families that opted out of the no-fault
federal September 11 Victim Compensation Fund in liability and
damages cases claims against the airlines and aviation security
companies for their alleged failure to implement basic security
measures.
Lead counsel in In re Thomas E. Burnett, Sr., et al. v. Al Baraka
Investment & Development Corp., et al., Case No. 03-CV-9849
(GBD); In re Terrorist Attacks on September 11, 2001, 03 MDL
1570 (S.D.N.Y), a landmark lawsuit against the alleged sponsors
of al Qaeda and Osama bin Laden in an action filed on behalf of
more than 6,500 family members, survivors and those killed on
9/11, including more than 1,000 firefighters.
Almog v. Arab Bank, PLC, No. 1:04-cv-05564-NG-VVP (E.D.N.Y.),
one of the first lawsuits brought against an international bank
for its alleged role in financing terrorism.
Mark McDonald, et al. vs. The Socialist People’s Libyan Arab
Jamahiriya, et al.; No. 06-CV-0729-JR (DC 04/21/06), a highprofile case involving Libya’s longtime alleged sponsorship of
IRA acts of terror.
Cummock, et al. v. Socialist People’s Libyan Arab Jamahiriya,
et al., No. 96-CV-1029 (D.D.C.). Victoria Cummock, Motley Rice’s
client, sought full accountability and a public trial as the only
opt-out of the no-fault Pan Am 103/Lockerbie settlement.
Mother Doe I and Father Doe I, Individually, and as Parents and
Guardians for Minor R.M., et al v. Sheikh Mohammed Bin Rashid
al Maktoum, et al.; No. 06-CV-22253-ALT/TUR (SDFL 09/07/06)
and Mother Doe I, Individually, and as Parent and Guardian for
Minor O.G., et al.; No. 07-CV-00293-KSF (EDKY 09/11/07). Motley
Rice sued two United Arab Emirates (UAE) Sheikhs for allegedly
kidnapping South Asian and African children, trafficking them
to other countries and enslaving them as camel jockeys for UAE
races.
Krishanthi, et al. vs. Rajaratnam, et al.; No. 09-CV-5395(D.N.J.),
terrorist financing litigation against alleged financiers of the
Tamil Tigers terrorist organization in Sri Lanka.
Saleh v. CACI International, Inc., et al., No. 09-1313 (D.C. Cir.)
and No.09-1313 (U.S. Sup. Ct.). on behalf of the victims of the
Abu Ghraib prison torture scandal against publicly-traded
companies CACI International Inc. and L-3 for their alleged
involvement.
Ng v. Central Falls Detention Facility Corporation, et al., No.
09-53 (D. R.I.), a human rights case that alleged the defendants
subjected a Chinese immigration detainee to extreme physical
and mental abuse and torture while in U.S. custody.
Harris, et al. v. Socialist People’s Libyan Arab Jamahiriya, et
al., No. 1:06-cv-00732-RWR (D.D.C.), a case filed against Libya
involving the 1986 bombing of Berlin’s LaBelle Discotheque.
DEFECTIVE DRUGS AND DEVICES
Motley Rice is co-lead plaintiffs’ counsel and liaison counsel
In re Kugel Mesh Hernia Patch Products Liability Litigation,
MDL No. 07-1842 (D.R.I.), Rhode Island federal court’s first
consolidated MDL, on behalf of thousands of people alleging
injury by the hernia repair patch manufactured by Davol, Inc., as
well as liaison counsel for the nearly 2,000 lawsuits consolidated
in Rhode Island state court.
CONSUMER PROTECTION, CATASTROPHIC PERSONAL INJURY
AND WRONGFUL DEATH
Hoover, et al. v. NFL, et al., MDL #2:12-cv-05209-AB (E.D. Pa.).
Lead counsel in Charleston Firefighter Litigation v. Sofa Super
Store, Inc., et.al., No. 07-CP-10-3186 (Ct. of Common Pleas, Ninth
Jud. Cir.), consolidated complex litigation involving the families
of nine firefighters who died in a furniture store disaster.
Satterfield et al. v. Napa Home & Garden Inc., et al., No. 7:111514-JMC (D.S.C.).
Member Interim Plaintiffs’ steering committee and Multiple
Plaintiffs’ Counsel in In re San Juan DuPont Plaza Hotel Fire
Litigation, MDL 721 (D.P.R.).
Plaintiffs’ lead counsel in a case involving ten people injured in
a crane disaster in Florence County, South Carolina.
Strother v. John Wieland Homes and Neighborhoods of the
Carolinas, et al., No. 09-CO-29-1783 (Ct. of Common Pleas, Sixth
Jud. Cir.), an individual catastrophic personal injury/premise
liability case involving life-altering brain injury.
Class counsel in Whitfield v. Sangamo Weston, No. 6:84-3184
(D.S.C.), a PCB personal injury and property damage class
action settled while pending before U.S. District Court for the
District of South Carolina, Greenville Division.
In re Graniteville Train Derailment, No. 2006-CP-02-1032 (Ct.
of Common Pleas, Second Jud. Cir.). serving in a leadership
role for both individual and class action cases in connection
with Norfolk Southern Corporation’s January 2005 railroad
derailment and chemical spill in Graniteville, S.C.
SECURITIES FRAUD
Court-appointed co-class counsel in Alaska Electrical Pension
Fund v. Pharmacia Corp., No. 03-1519 (D.N.J.). federal securities
fraud litigation alleging that the defendants misrepresented
clinical trial results of Celebrex® to make its safety profile appear
better than rival drugs.
Co-lead plaintiffs’ counsel in shareholder class action In re The
DirecTV Group, Inc. Shareholder Litigation, No. 4581-VCP (Del.
Ch.).
Sole lead counsel in Manville Personal Injury Settlement Trust v.
Gemunder, No. 10-CI-01212 (Ky. Cir. Ct.) (regarding Omnicare,
Inc.), a shareholder derivative complaint stemming from federal
investigations into three kickback schemes.
Co-lead plaintiffs’ counsel in City of Sterling Heights General
Employees’ Retirement System v. Hospira, Inc., No. 11 C 8332 (N.D.
Ill.), a securities fraud class action.
Co-lead counsel in In re Rehabcare Group, Inc. Shareholders
Litigation, No. 6197-VCL (Del. Ch.), merger litigation involving
the acquisition of healthcare provider RehabCare Group, Inc., by
Kindred Healthcare, Inc.
Class counsel in Brown v. Charles Schwab & Co., No. 2:07-cv03852-DCN (D.S.C.), one of the first cases to interpret the civil
liabilities provision of the Uniform Securities Act of 2002. Motley
Rice represented a class of Ponzi scheme victims seeking recovery
under the Act.
Co-lead counsel in class action Bennett v. Sprint Nextel
Corporation, No. 2:09-cv-02122-EFM-KMH (D. Kan.), representing
the PACE Industry Union-Management Pension Fund (PIUMPF)
and several other institutional investors.
Sole lead counsel in Bricklayers of Western Pennsylvania Pension
Plan, et al. v. Hecla Mining Company, et al., a securities class
action.
Counsel to putative class of municipal-bond investors asserting
state law causes of action in Kellerman v. Marion Bass Securities
Corp., No. 01-L-000457 (Ill. Cir. Ct.).
Motley Rice serves as lead counsel in World Holdings LLC, v. The
Federal Republic of Germany, No. 08-20198-CV-CMA. (S.D.Fla.),
lawsuit against Germany involving unpaid pre-World War II era
bonds.
Counsel in Prickett v. Mass. Holding LLC, No. 1:09-cv-03137-PGG
(S.D.N.Y), a Madoff-related case on behalf of an institutional
investor.
Co-lead counsel in securities class action settlement In re MBNA
Corporation Securities Litigation, No. 05-CV-00272-GMS (D.Del.).
Lead plaintiffs’ counsel in a securities class action tentative
settlement involving group of shareholders who purchased
publicly-traded Dell securities in In re Dell, Inc. Securities
Litigation, No. A-06-CA-726-SS (W.D. Tex.).
Co-lead counsel in Minneapolis Firefighters’ Relief Association v.
Medtronic, Inc., No. 08-6324 (PAM/AJB) (D. Minn.), representing a
class of investors who purchased Medtronic common stock.
Co-lead counsel in In re Synovus Financial Corporation, No. 1:09cv-01811 (N.D. Ga.), for co-lead plaintiff Sheet Metal Workers’
National Pension Fund, investors in Georgia bank Synovus
Financial Corp.
Key role on the Plaintiffs’ Steering Committee and as plaintiffs’
liaison counsel in In re Policy Management Systems Corporation,
No. 3:93-0807-JFA (D.S.C.).
Sole lead counsel in In re Coventry Health Care, Inc. Securities
Litigation, No. 7905-CS (Del. Ch. ), a shareholder class action
challenging the $7.2 billion acquisition of Coventry Health Care,
Inc., by Aetna, Inc.
Co-lead counsel in Louisiana class action In re The Shaw Group,
Inc. Shareholders Litigation, No. 614399 (19th Jud. Dist. La.),
brought by our client, a European asset management company,
and the other public shareholders of The Shaw Group, Inc.
5
In re Atheros Communications Inc. Shareholder Litigation, No.
6124-VCN (Del. Ch.), merger litigation involving Qualcomm
Incorporated’s proposed acquisition of Atheros Communications,
Inc.
BANKRUPTCIES
Motley Rice lawyers serve on several committees in national
bankruptcies including:
o-founding member Joe Rice serves on several Asbestos
C
Creditor Committees, Negotiating Committees and Trust
Advisory Committees, including as chair or co-chair for AWI,
Federal Mogul and Pittsburgh Corning.
laimants’ Committee in In re A.H. Robins, a Chapter 11
C
Reorganization involving Dalkon Shield victims nationwide and
H.K. Porter, National Gypsum, Raytech, Rock Wool and M.H.
Detrick asbestos related bankruptcies.
lass Counsel in In re Trebol Motors Corporation and In re
C
Trebol Motors Distributors Corporation, actively defending a
$143,000,000 class action judgment claim on behalf of a class of
defrauded purchasers of Volvo automobiles.
Select
counsel to the asbestos Claimants’ Committee in
the Johns-Manville bankruptcy pending in the United States
Bankruptcy Court for the Southern District of New York.
6
ACCOLADES
Our firm has garnered the following awards:
“Most Feared Plaintiffs Firm” | Law360
2013
“Best Law Firm” | U.S. News – Best Lawyers®
2010–2014 mass tort litigation/class actions-plaintiffs
Benchmark Plaintiff, The Definitive Guide to America’s Leading
Plaintiff Firms & Attorneys
2012–2013 national and local rankings
The Legal 500 United States Litigation editions
2007, 2009, 2011, 2012, 2013 mass tort and class action: plaintiff
representation–toxic tort
The Plaintiffs’ Hot List | The National Law Journal
2006, 2012, 2013
SCAS 50 list | ISS– Securities Class Action Services
2009–2011
Motley Rice attorneys have been individually recognized
by several organizations and publications including Super
Lawyers®, The Best Lawyers in America®, The Roundtable:
America’s 100 Most Influential Trial Lawyers, Top 100 Trial
Lawyers™ and others. Please see individual attorney bios for a
full listing of accolades.
The Best Lawyers in America®
Mass tort litigation/class actions–plaintiffs; personal injury
litigation–plaintiffs; product liability–plaintiffs
Ron Motley: 1993–2013
Mass tort litigation/class actions–plaintiffs
Fidelma Fitzpatrick: 2008–2014
Anne McGinness Kearse: 2011–2014
Bob McConnell: 2009–2014
Don Migliori: 2011–2014
Joe Rice: 2007–2014
Mary Schiavo: 2010–2014
Litigation–banking & finance; litigation–mergers &
acquisitions; litigation–securities
Bill Narwold: 2005–2014
Lawyers of the Year | Best Lawyers’®
Ron Motley: 2010 Charleston, SC personal injury litigation;
2012 Charleston, SC mass tort litigation/class actions–
plaintiffs
Joe Rice: 2013 Charleston, SC mass tort litigation/class
actions–plaintiffs
Bill Narwold: 2013 Hartford, CT litigation–banking & finance
The National Trial Lawyers | The Trial Lawyer magazine
Ron Motley: 2012 inducted into The Trial Lawyer Hall of Fame
Ron Motley: 2011 member The Roundtable: America’s 100 Most
Influential Trial Lawyers
The National Trial Lawyers | Top 100 Trial Lawyers™
David Hoyle: 2012
Fidelma Fitzpatrick, Anne Kearse, Don Migliori, Joe Rice: 2010
Leadership in Law Award | SC Lawyers Weekly
Joe Rice: 2012
Ron Motley: 2011
Benchmark Litigation, The Definitive Guide to America’s
Leading Litigation Firms & Attorneys
Nate Finch: 2013 “Local Litigation Star:” civil litigation,
creditors’ rights and white-collar crime
The Legal 500 United States
Mass tort and class action: plaintiff representation– toxic tort
Joe Rice: 2011–2012
Fidelma Fitzpatrick: 2013
John Herrick: 2009, 2011–2012
Anne McGinness Kearse: 2009, 2011–2012
Mass tort and class action: plaintiff representation– securities
Rebecca Katz: 2012
Lawdragon™ 500 Leading Lawyers in America
Jodi Westbrook Flowers: 2010–2012
Lawdragon™ 3,000 Guide to the Leading Lawyers in America
Michael Elsner, Don Migliori: 2010
Chambers USA
Ron Motley: 2007, 2010–2012 products liability and mass torts:
plaintiffs “an accomplished trial lawyer and a formidable
opponent.”
Super Lawyers®
Ron Motley: 2012 Top 25 South Carolina Super Lawyers
Don Migliori: 2012 Top 10 Rhode Island Super Lawyers
South Carolina Super Lawyers®
Joe Rice: 2008–2013
Anne McGinness Kearse: 2013
Southern California Super Lawyers®
Mark Labaton: 2009–2013
Connecticut/New England Super Lawyers®
Bill Narwold: 2009–2013
Rhode Island/New England Super Lawyers®
Leah Donaldson: 2013
Fidelma Fitzpatrick: 2008, 2010–2013
Bob McConnell: 2008–2013
Don Migliori: 2009–2013
Washington, D.C. Super Lawyers®
Nate Finch: 2012–2013
New York Metro Super Lawyers®
Rebecca Katz: 2008–2010, 2013
Super Lawyers® Business Edition
Rebecca Katz: 2011
Rhode Island/New England Rising Stars
Leah Donaldson: 2012
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South Carolina Rising Stars
Kimberly Barone Baden: 2013
T. David Hoyle: 2012–2013
Badge Humphries: 2012–2013
James Ledlie: 2012–2013
Josh Littlejohn: 2013
Bill Norton: 2013
Lance Oliver: 2013
Carmen Scott: 2013
Ron Motley: 1999
President’s Award | The National Association of Attorneys
General
Ron Motley, Joe Rice: 1998
Connecticut Rising Stars
Mathew Jasinski: 2013
gMichael Pendell: 2013
West Virginia Rising Stars
Vicki Antion Nelson: 2012–2013
Lawyers of the Year | Rhode Island Lawyers Weekly and
Massachusetts Lawyers Weekly
Don Migliori: 2011
Platinum Compleat Lawyer Award | University of South
Carolina School of Law Alumni Association
Joe Rice: 2011
The American Association for Justice
Nate Finch: 2013 Wiedemann & Wysocki Award
Ron Motley: 2012 Lifetime Member
Ron Motley: 2010 Lifetime Achievement Award
James Ledlie: 2010 F. Scott Baldwin Award
Ron Motley: 2007 David S. Shrager President’s Award
Ron Motley: 1998 Harry M. Philo Trial Lawyer of the Year
Trial Lawyer Kingpins | Am Law Litigation Daily
Ron Motley, Joe Rice: 2010 named to a list of 75 “formidable
trial lawyers”
Bill Narwold was named one of eleven lawyers “who made a
difference” by The Connecticut Law Tribune.
“[Ron Motley is] one of the most influential lawyers in
corporate America.”— The National Law Journal
Joe Rice was named one of the nation’s “Five Most Respected
Plaintiff Attorneys” in a poll conducted by Corporate Legal
Times.
Youth Advocates of the Year Award | Campaign for TobaccoFree Kids Award
For full methodologies and selection criteria, visit www.motleyrice.com/info/award-methodology
For full Super Lawyers selection methodology visit: www.superlawyers.com/about/selection_process.html
For 2013 Super Lawyers data visit: www.superlawyers.com/connecticut/selection_details.html
Please remember that every case is different. Although they endorse certain lawyers, The Legal 500 United States and Chambers
USA and other similar organizations listed above are not Motley Rice clients. Any result we achieve for one client in one matter
does not necessarily indicate similar results can be obtained for other clients.
8
TEAM BIOGRAPHIES
THE FIRM’S MEMBERS
Ronald L. Motley (1944–2013)
EDUCATION:
J.D., University of South Carolina School of Law, 1971
B.A., University of South Carolina, 1966
Ron Motley fought for greater justice, accountability and
recourse, and has been widely recognized as one of America’s
most accomplished and skilled trial lawyers. During a career
that spanned more than four decades, his persuasiveness
before a jury and ability to break new legal and evidentiary
ground brought to justice two once-invincible giant industries
whose malfeasance took the lives of millions of Americans—
asbestos and tobacco. Armed with a combination of legal and
trial skills, personal charisma, nose-to-the-grindstone hard
work and record of success, Ron built Motley Rice into one of
the nation’s largest plaintiffs’ law firms.
Noted for his role in spearheading the historic litigation against
the tobacco industry, Ron served as lead trial counsel for 26
State Attorneys General in the lawsuits. His efforts to uncover
corporate and scientific wrongdoing resulted in the Master
Settlement Agreement, the largest civil settlement in U.S.
history and in which the tobacco industry agreed to reimburse
states for smoking-related health care costs.
Through his pioneering discovery and collaboration, Ron
revealed asbestos manufacturers and the harmful and disabling
effects of occupational, environmental and household asbestos
exposure. He represented thousands of asbestos victims and
achieved numerous trial breakthroughs, including the class
actions and mass consolidations of Cimino, et al. v. Raymark, et
al. (U.S.D.C. TX); Abate, et al. v. ACandS, et al. (Baltimore); and
In re Asbestos Personal Injury Cases (Mississippi).
In 2002, Ron once again advanced cutting-edge litigation as lead
counsel for the 9/11 Families United to Bankrupt Terrorism with
a lawsuit filed by more than 6,500 family members, survivors and
those who lost their lives in the Sept. 11, 2001, terrorist attacks.
The suit seeks justice and ultimately bankruptcy for al Qaeda’s
financiers, including many individuals, banks, corporations
and charities that provided resources and monetary aid. He
also served as lead counsel in numerous individual aviation
security liability and damages cases under the In re September
11 Litigation filed against the aviation and aviation security
industries by victims’ families devastated by the security
failures of 9/11.
Ron brought the landmark case of Oran Almog v. Arab Bank
against the alleged financial sponsors of Hamas and other
terrorist organizations in Israel and was a firm leader in the
BP Deepwater Horizon litigation and claims efforts involving
people and businesses in Gulf Coast communities suffering as
a result of the oil spill. Two settlements were reached with BP,
and one of which is the largest civil class action settlement in
U.S. history.
Ron won widespread honors for his ability to win justice for
his clients and for his seminal impact on the course of civil
litigation. In 2013, the South Carolina Association for Justice
(SCAJ) recognized him with its prestigious Founders’ Award,
and he was inducted into The Trial Lawyer 2012 Hall of Fame in
recognition of his lifetime of public service. He was selected
by his peers for inclusion in The Best Lawyers in America® from
1993 to 2013 for his work in mass tort litigation/class actions
- plaintiffs; personal injury litigation - plaintiffs; and product
liability litigation - plaintiffs. In addition, he was named the
Best Lawyers® 2010 Charleston, SC Personal Injury Litigation
“Lawyer of the Year” and Best Lawyers® 2012 Charleston-SC
Mass Tort Litigation/Class Actions - plaintiffs “Lawyer of the
Year.” The inaugural 2012 edition of Benchmark Plaintiff, The
Definitive Guide to America’s Leading Plaintiff Firms & Attorneys
recognized Ron as a “Litigation Star” in its national rankings for
mass tort/product liability and securities and, in 2013, ranked
him nationally again for his work in civil rights/human rights and
mass tort/product liability. Benchmark Plaintiff recognized him
in both 2012 and 2013 in its South Carolina rankings in human
rights, product liability, securities and toxic tort.
Ron was a 2011 recipient of the SC Lawyers Weekly Leadership
in Law Award and was highlighted in the 2011–2013 Litigation
editions of The Legal 500 United States for his work in mass
tort and class action: plaintiff representationtoxic tort. The
Trial Lawyer Magazine named him as a 2011 member of The
Roundtable: America’s 100 Most Influential Trial Lawyers.
Chambers USA named him in the 2007, 2010, 2011 and 2012
editions for his work in product liability and mass torts: plaintiffs,
calling him in one edition “an accomplished trial lawyer and a
formidable opponent.” Recognized as an AV® rated attorney
by Martindale-Hubbell®, Ron was also selected for inclusion
in the South Carolina Super Lawyers® list 2008–2013 and was
named numerous times among the “Best of the Best” on the Top
10 South Carolina Super Lawyers list (2008) and Top 25 South
Carolina Super Lawyers list (2008, 2009, 2011, 2012). He was
included in every edition of the The Lawdragon™ 500 Leading
Lawyers in America list from 2005 to 2012 for his work in the
plaintiffs’ field.
The American Association for Justice (AAJ) elected Ron to be
a lifetime member in 2012, and in 2010, awarded him with its
highest honor, the Lifetime Achievement Award. The AAJ also
honored Ron in 2007 with the David S. Shrager President’s
Award for his outstanding contributions to the safety and
protection of American consumers and the civil justice system,
and in 1998, named him the Harry M. Philo Trial Lawyer of the
Year. Ron served on the AAJ Board of Governors from 1977 to
2012 and was chair of its Asbestos Litigation Group from 1978
to 2012.
In 1998, he received the President’s Award of the National
Association of Attorneys General for his “courage, legal skills
and dedication to our children and the public health of our
nation.” The Campaign for Tobacco-Free Kids gave him its Youth
Advocates of the Year Award in 1999. For his trial achievements,
BusinessWeek characterized Ron’s courtroom skills as
“dazzling.” American Lawyer dubbed him “The man who took on
Manville,” and The National Law Journal ranked him, “One of the
most influential lawyers in America.”
9
He authored or co-authored more than two dozen publications,
including:
“Decades of Deception: Secrets of Lead, Asbestos and
Tobacco” (Trial Magazine, October 1999)
“Asbestos Disease Among Railroad Workers: ‘Legacy of the
Laggin’ Wagon’” (Trial Magazine, December 1981)
“Asbestos and Lung Cancer,” New York State Journal of
Medicine, June 1980; Volume 80: No.7, New York State Medical
Association, New York.
“Occupational Disease and Products Liability Claims” (South
Carolina Trial Lawyers Bulletin, September and October 1976)
He has also been featured in numerous articles, books and
scripts, including:
Shackelford, Susan. “Major Leaguer” (South Carolina Super
Lawyers, April 2008)
Senior, Jennifer. “A Nation Unto Himself” (The New York Times,
March 2004)
Freedman, Michael. “Turning Lead into Gold,” (Forbes, May
2001)
Zegart, Dan. Civil Warriors: The Legal Siege on the Tobacco
Industry. Delacorte Press, 2000.
Ansen, David. “Smoke Gets in Your Eyes” (Newsweek, 1999)
Mann, Michael & Roth, Eric. “The Insider” (Blue Lion
Entertainment, November 5, 1999)
Brenner, Marie. “The Man Who Knew Too Much” (Vanity Fair,
May 1996)
Reisig, Robin. “The Man Who Took on Manville” (The American
Lawyer, January 1983)
Ron is a member of the American Bar Association, Civil Justice
Foundation, Inner Circle of Advocates, International Academy
of Trial Lawyers and South Carolina Association for Justice. In
2002, Ron founded the Mark Elliott Motley Foundation, Inc., in
loving memory of his son to help meet the health, education and
welfare needs of children and young adults in the Charleston,
S.C. community.
Joseph F. Rice
LICENSED IN: DC, SC
ADMITTED TO PRACTICE BEFORE:
U.S. Supreme Court
U.S. Court of Appeals for the Second, Third, Fourth and Fifth
Circuits
U.S. District Court for the District of Nebraska and the District
of South Carolina
EDUCATION: J.D., University of South Carolina School of Law, 1979
B.S., University of South Carolina, 1976
Motley Rice co-founding member Joe Rice is recognized
as a skillful and innovative negotiator of complex litigation
settlements. As lead private counsel for 26 State Attorneys
General, he played a central role in crafting the landmark
Master Settlement Agreement, the largest civil settlement in
U.S. history, in which the tobacco industry agreed to reimburse
states for smoking-related health costs. Over the past two
decades, Joe has also been recognized for his role in structuring
some of the most significant resolutions of asbestos liabilities
on behalf of victims injured by asbestos-related products.
Joe has held leadership and negotiating roles involving the
bankruptcies of several large organizations, including AWI,
Federal Mogul, Johns Manville, Celotex, Garlock, W.R. Grace,
Babcock & Wilcox, U.S. Gypsum, Owens Corning and Pittsburgh
Corning. He remains a key player in developing and negotiating
the structured settlements of asbestos manufacturers emerging
from bankruptcy and has worked on numerous Trust Advisory
Committees. Currently, Joe serves on the Plaintiffs’ Steering Committee for
the Deepwater Horizon oil spill MDL In re Oil Spill by the Oil Rig
“Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010. As
a lead negotiator, he helped reach the two settlements with BP,
one of which is the largest civil class action settlement in U.S.
history.
Joe also directs the Motley Rice securities litigation team in
securities fraud litigation, shareholder derivative cases and
actions against proposed merger and acquisition transactions.
He is sought by investment funds for guidance on strategies to
increase shareholder value and enhance corporate governance
reforms and asset recovery through litigation.
Joe continues to negotiate on behalf of the firm’s clients in antiterrorism and human rights, environmental, drugs, devices and
catastrophic injury cases. He held a crucial role in executing
the strategic mediations and/or resolutions in all of the firm’s
aviation liability and damages cases against multiple defendants
on behalf of families of the victims of the 9/11 attacks who opted
out of the Victim Compensation Fund. In addition to providing
greater answers, accountability and recourse to victims’
families, the resulting settlements shattered a settlement matrix
developed and utilized for decades, and the litigation helped
provide public access to evidence in an archive of selected
discovery materials gathered in the litigation.
A frequent guest speaker, Joe has presented as numerous
conferences and seminars nationwide, including the National
Asbestos Litigation Conference, the National Conference on
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Public Employee Retirement Systems, the Public Funds Summit,
Class Action Settlements: Approval, Distribution and Oversight
Workshop and several asbestos bankruptcy and complex
litigation conferences.
Described as one of the nation’s “five most feared and respected
plaintiffs’ lawyers in corporate America” in a poll of defense
counsel and legal scholars conducted by Corporate Legal
Times, Joe was cited time after time as one of the toughest,
sharpest and hardest-working litigators they have faced. As the
article notes, “For all his talents as a shrewd negotiator ... Rice
has earned most of his respect from playing fair and remaining
humble.” Joe was named the Best Lawyers’® 2013 CharlestonSC Mass Tort Litigation/Class Actions- Plaintiffs “Lawyer of the
Year,” and he was a 2012 recipient of the SC Lawyers Weekly
Leadership in Law Award. In 2011, the University of South
Carolina School of Law Alumni Association honored him with
its platinum Compleat Lawyer Award, and he was highlighted
in the 2011 and 2012 Litigation editions of The Legal 500 United
States (mass tort and class action: plaintiff representationtoxic tort). The 2012 and 2013 editions of Benchmark Plaintiff,
The Definitive Guide to America’s Leading Plaintiff Firms &
Attorneys recognized Joe as a “Litigation Star” in its national
rankings for mass tort/product liability, as well as its South
Carolina rankings in environmental, mass tort and product
liability. Recognized as an AV® rated attorney by MartindaleHubbell®, he has been selected by his peers for inclusion in
each annual edition of The Best Lawyers in America® since 2007
for his work in mass tort litigation/class actions- plaintiffs. He
has been included in every edition of South Carolina Super
Lawyers® since 2008 and, in 2010, was named by The National
Trial Lawyers as one of its Top 100 Trial Lawyers™ in South
Carolina. The American Lawyer described Joe in 2006 as “one of
the shrewdest businessmen practicing law.”
In 1998, Joe received the President’s Award of the National
Association of Attorneys General. In 1999 and 2000, he served
on the faculty at Duke University School of Law as a Senior
Lecturing Fellow, and he has taught classes at the University of
South Carolina School of Law, Duke University School of Law
and Charleston School of Law on the art of negotiating. Joe
serves his community through several organizations, including
First Tee of Greater Charleston, the Center for Birds of Prey
and the Dee Norton Lowcountry Children’s Center, for which
he co-chaired the inaugural Campaign for the Next Child. In
2010, MUSC Children’s Hospital honored Joe with its Johnnie
Dodds Award for his longtime support of its annual Bulls Bay
Golf Challenge Fundraiser and continued work on behalf of our
community’s children. The University of South Carolina awarded
Joe and his family with its 2011 Garnet Award for their passion
for and devotion to Gamecock athletics. Joe was also awarded
the 2011 Tom Fazio Service to Golf Award in recognition of
his efforts to help promote the SC Junior Golf Association
Programs.
He is a member of the American Association for Justice,
American Bar Association, American Inns of Court, South
Carolina Association for Justice and the American Constitution
Society for Law and Policy.
John A. Baden IV
LICENSED IN: SC
U.S. Court of Appeals for the Second Circuit, U.S. Bankruptcy
Court for the Southern District of New York and Western
District of North Carolina
B.A., College of Charleston, 1996
John Baden represents clients harmed by asbestos exposure in
individual and mass tort forums, as well as in complex asbestos
bankruptcies, handling complete case management and
settlement negotiations for individuals and families suffering
from mesothelioma and other asbestos-related diseases.
Working closely with Joe Rice, John also handles the negotiation
and complex case resolution of multiple asbestos bankruptcies,
including NARCO and W.R. Grace. He manages the related
claims processes and directs the firm’s team of senior claims
administrators.
John has additionally been actively involved with the firm’s
representation of people and businesses in Gulf Coast
communities suffering as a result of the BP Deepwater Horizon
oil spill. He held a central role in the negotiation process
involving the two settlements reached with BP that will fairly
compensate thousands of victims who suffered economic loss,
property damage and physical injuries caused by the spill.
John began his legal career as a litigation trial paralegal for Ron
Motley in 1997, working with the State Attorneys General on
the landmark tobacco litigation primarily in Florida, Mississippi
and Texas. He also supported occupational litigation in several
states, including the exigent trial dockets of Georgia and West
Virginia. John served as a judicial intern for Judge Sol Blatt, Jr.,
of the U.S. District Court of South Carolina and Judge Jasper M.
Cureton of the South Carolina Court of Appeals. After earning
a law degree in 2002, John began working with Motley Rice
attorneys as part of the Occupational Disease practice group.
He was named a Motley Rice member in 2008.
A member of the American Association for Justice and South
Carolina Association for Justice, John has lectured on asbestos
bankruptcy issues at various legal seminars.
Kimberly Barone Baden
LICENSED IN: CA, SC
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Central, Northern and Southern
Districts of California and District of South Carolina
EDUCATION:
J.D., California Western School of Law, 1999
B.A. cum laude, Clemson University, 1996
Kimberly Barone Baden leads the firm’s birth defect litigation,
representing hundreds of children who were born with congenital
birth defects allegedly caused by antidepressants, including
Zoloft®, Prozac® and Wellbutrin®; the smoking cessation drug,
11
Zyban®; and the migraine/anti-seizure medication, Topamax®.
On July 13, 2012, Kimberly was appointed to the Plaintiffs’
Steering Committee in the In re Zoloft (sertraline hydrochloride)
Products Liability Litigation, MDL 2342. She manages the firm’s
Avandia® and Crestor® litigations, as well as the Actos® bladder
cancer litigation.
Kimberly continues to manage the firm’s nursing home abuse
and neglect litigation. Representing the elderly, our nation’s
most defenseless population, she specifically litigates cases on
behalf of both nursing home residents and assisted living facility
residents who are victims of abuse and neglect nationwide.
Published case: Grant v. Magnolia Manor-Greenwood, Inc., 678
S.E.2d 435 (S.C. 2009).
Additionally, Kimberly co-manages the firm’s active
misappropriated human remains litigation: In re New York
Human Tissue Products Liability Litigation and co-managed
the firm’s tainted tissue litigation in both the state and federal
multidistrict litigation.
Prior to joining Motley Rice, Kimberly worked on the Fen-Phen
diet drug litigation at Harrison, Kemp & Jones in Las Vegas and
served as an attorney with the California District Attorney’s
Office in San Diego.
Recognized as a BV® rated attorney by Martindale-Hubbell®,
Kimberly was also selected by her peers for inclusion in the
2013 South Carolina Super Lawyers® Rising Stars list. She is a
member of the American Association for Justice, American Bar
Association and South Carolina Association for Justice.
Frederick C. Baker
LICENSED IN: NY, SC
U.S. Court of Appeals for the First, Second, Third, Fourth and
Tenth Circuits
U.S. District Court for the Southern District of New York and
the District of South Carolina
EDUCATION: LL.M./J.D., Duke University School of Law, 1993
B.A., University of North Carolina at Chapel Hill, 1985
Fred Baker represents individual and institutional investors,
consumers, governmental entities and whistleblowers in
complex securities and consumer fraud litigation, including
shareholder rights, unfair trade practices and whistleblower/
qui tam claims. He has a diverse complex litigation background
and holds a leadership role within firm’s environmental and
occupational disease and toxic tort teams as well.
Fred has litigated a broad range of complex cases in the
environmental, medical costs recovery, consumer and products
liability fields. A member of the legal team that litigated the
groundbreaking tobacco litigation on behalf of several State
Attorneys General, he also participated in the litigation of
individual tobacco cases, entity tobacco cases and a tobacco
class action.
12
Fred has served as counsel in a number of class actions,
including the two class action settlements arising out of the
2005 Graniteville train derailment chlorine spill and the currently
pending West Virginia unfair trade practices insurance class
action.
He additionally litigates large scale environmental
contamination cases. After representing the state of Oklahoma
in a case against poultry integrators alleging that poultry waste
polluted natural resources in Eastern Oklahoma, Fred became
actively involved with the firm’s representation of people and
businesses in Gulf Coast communities suffering as a result of
the BP Deepwater Horizon oil spill. He held a central role in
the negotiation process involving the two settlements reached
with BP that will fairly compensate thousands of victims who
suffered economic loss, property damage and physical injuries
caused by the spill.
Fred began practicing with Motley Rice attorneys in 1994 and
currently chairs the firm’s attorney hiring committee.
V. Brian Bevon
LICENSED IN: SC
U.S. District Court for the District of South Carolina and
Northern District of Florida
B.S., Catholic University of America, 1989
Motley Rice member Brian Bevon has spent more than fifteen
years representing individuals and families suffering from
mesothelioma and other asbestos-related diseases as a result
of occupational, environmental and household asbestos
exposure.
An integral player in the firm’s Occupational Disease and Toxic
Tort practice, he continues to fight for the rights of victims
harmed by asbestos and other occupational diseases and
advocates for the improved health and welfare of the American
worker. Brian has also worked with the firm’s Environmental
team to assist individuals and businesses in their efforts to
hold corporate defendants accountable for alleged ground
contamination.
Prior to joining Motley Rice attorneys in 1994, Brian practiced
real estate, property owners, probate and construction defect
law with another South Carolina firm and served on the
legislative staff of Senator Ernest “Fritz” Hollings. He is a proud
participant in the Lawyer Mentoring Program of the Supreme
Court of South Carolina Commission on Continuing Legal
Education and Specialization, serving as a mentor to young
lawyers entering the legal profession.
Brian is an active member of the South Carolina Bar Association
Fee Disputes Resolution Board, for which he investigates fee
dispute issues between attorneys and their clients. Brian is also
a member of the American Association for Justice, American
Bar Association, Federal Bar Association and South Carolina
Association for Justice.
Michael M. Buchman
LICENSED IN: CT, NY
U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Districts of Connecticut and
Southern and Eastern Districts of New York
U.S. Court of International Trade
EDUCATION:
LL.M., International Antitrust and Trade Law, Fordham
University School of Law, 1993
J.D., The John Marshall Law School, 1992
B.A. cum laude, Alfred University, 1988
A leader of Motley Rice’s antitrust practice, Michael Buchman
has more than 20 years of experience litigating antitrust,
consumer protection and privacy class actions in federal/
state trial and appellate courts. Michael has a diverse antitrust
background, having represented as lead or co-lead counsel
a variety of plaintiff clients, from Fortune 500 companies to
individual consumers, in complex cases covering matters
such as restraint of trade, price-fixing, generic drug antitrust
issues and anticompetitive “reverse payment” agreements
between brand name pharmaceutical companies and generic
companies.
Michael served as an Assistant Attorney General in the New York
State Attorney General’s Office, Antitrust Bureau, after receiving
his LL.M. degree in International Antitrust and Trade Law. Also
prior to joining Motley Rice, he was a managing partner of the
antitrust department at a New York-based class action law firm.
He played an active role in resolving two of the largest U.S.
multi-billion dollar antitrust settlements since the Sherman Act
was enacted, In re NASDAQ Market-Makers Antitrust Litigation
and In re Visa Check/Mastermoney Antitrust Litigation, as
well as litigated numerous multi-million dollar antitrust cases.
Today, he represents the largest retailer class representative
in the $7.2 billion case In re Payment Card Interchange Fee and
Merchant Discount Antitrust Litigation, MDL 1720.
Michael has more than thirteen years of experience representing
consumers, union health and welfare plans, and health insurers
in “generic drug” litigations such as In re Augmentin Antitrust
Litigation, In re Buspirone Antitrust Litigation, In re Ciprofloxacin
Antitrust Litigation, In re Flonase Antitrust Litigation, In re K-Dur
Antitrust Litigation, In re Relafen Antitrust Litigation, In re
Tamoxifen Antitrust Litigation, In re Toprol XL Antitrust Litigation
and In re Wellbutrin SR Antitrust Litigation. He also has
experience litigating a large aviation antitrust matter, as well as
aviation crash, emergency evacuation and other aviation cases
in federal and state court.
Michael completed the intensive two-week National Institute for
Trial Advocacy National Trial Training program in Boulder, Colo.,
in 2002. An avid writer, he has authored and co-authored articles
on procedure and competition law, including a Task Force on
Dealer Terminations for The Association of the Bar of the City
of New York, Committee on Antitrust and Trade Regulation,
entitled Dealer Termination in New York dated June 1,1998 and
What’s in a Name - the Diversity Death-Knell for Underwriters
of Lloyd’s of London and their Names; Humm v. Lombard World
Trade, Inc., Vol. 4, Issue 10 International Insurance Law Review
314 (1996).
Michael is active in his community, serving as a member of
the Flood and Erosion Committee for the Town of Westport,
Conn., and as pro bono counsel in actions involving the
misappropriation of perpetual care monies. He has also
coached youth ice hockey teams at Chelsea Piers in New York
City.
Samuel B. Cothran Jr.
General Counsel
LICENSED IN: NC, SC
U.S. District Court for the Western District of North Carolina
and District of South Carolina
EDUCATION:
J.D., cum laude, University of South Carolina School of Law,
1998
M.B.A., Duke University, 1994
B.S., summa cum laude, University of South Carolina, 1981
Sam Cothran leads Motley Rice’s legal department, directing
and advising the firm’s management on diverse in-house
legal matters. He supervises and handles legal matters and
opinions regarding governmental compliance, contracts and
legal defense. He works closely with the firm’s practice group
leaders and executive administrative team members on labor
and employment, marketing, financial and operational issues.
Sam is also responsible for proactively addressing the complex
ethical challenges inherent in practicing law, such as multijurisdictional and international practice.
After working for an international accounting firm as a certified
public accountant and for several Fortune 1,000 companies as a
financial manager, Sam attended law school to complement his
background in business management and finance and joined
Motley Rice attorneys shortly after graduation. Sam enjoys
creatively addressing the many challenges and opportunities
inherent in the cutting-edge practice of a dynamic, multijurisdictional law firm.
Sam is a member of the American Bar Association, the
Association of Professional Responsibility Lawyers, the
American Institute of Certified Public Accountants and the
South Carolina Association of Certified Public Accountants.
As a law student, Sam served as Managing Editor of the South
Carolina Law Review. He was named a Carolina Legal Scholar
and awarded both the Order of the Coif and Order of the Wig
and Robe. Sam is the author of Dischargeability Of Consumer
Credit Card Debt In Bankruptcy After Anastas v. American
Savings Bank, 48 S.C.L. Rev. 915 (1997).
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Kevin R. Dean
LICENSED IN: GA, MS, SC
U.S. Court of Appeals for the Third, Fourth, Fifth and Eleventh
Circuits, U.S District Court for the Middle, Northern and
Southern Districts of Georgia, Central District of Illinois,
Northern and Southern Districts of Mississippi and District of
South Carolina
EDUCATION:
J.D., Cumberland School of Law, 1991
B.A., Valdosta State University, 1989
Kevin Dean focuses his litigation efforts on catastrophic injury,
products liability, and wrongful death cases. As co-leader
of Motley Rice’s catastrophic injury practice group, Kevin
represents individual victims and families affected by tragic
events caused by hazardous consumer products, occupational
and industrial accidents, fires, premise injuries and other
incidents of negligence. He served as lead plaintiffs’ counsel
in In re Charleston Firefighter Litigation, a wrongful death and
negligence case against Sofa Super Store, contractors and
multiple furniture manufacturers on behalf of the families of
the nine firefighters lost in the June 2007 warehouse fire in
Charleston, S.C.
Since the 2010 explosion of the Deepwater Horizon, Kevin has
been helping people and businesses pursuing litigation, as well
as those needing help filing and negotiating their claims. He
served as a member of the oil spill MDL’s GCCF Jurisdiction
& Court Oversight Workgroup and is now helping victims file
claims through the new claims programs established by the
two settlements reached with BP.
Kevin has maintained a leadership role since 2005 in litigating
hundreds of cases alleging illegal organ harvesting, as well
as potentially diseased human tissue and organ transplants.
He is actively involved with malpractice, defective medical
devices and drug litigation. Additionally, Kevin litigates vehicle
defect cases, including against “the Big Three” automotive
manufacturers in cases involving defective brakes, door locks,
door latches, seat belts and roll overs. He was trial co-counsel
in Guzman v. Ford (2001), the first case brought to trial regarding
a hidden defective outside door latch handle, as well as in the
vehicle rollover case Hayward v. Ford (2005).
Prior to joining Motley Rice, Kevin was a partner with the
Law Offices of J. Edward Bell III, LLC. Before moving to South
Carolina, he was a member of the William S. Stone, P.C. law firm,
and he began his career as an associate with The Bennett Law
Firm. His experience includes the health insurance fraud and
post-claims underwriting case Clark v. Security Life Insurance
Company, the largest civil RICO case in Georgia history, and
Wiggins v. Parsons Nursery, one of the largest environmental
and health contamination cases in South Carolina. Kevin also
served as a County Commissioner on the Early County Georgia
Board of Commissioners and still has the distinguished honor
of having been the youngest elected commissioner in county
history.
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Kevin frequently appears in local and national broadcast and
print media discussing legal matters of workplace safety, fire
prevention and other products liability, as well as specific
casework and efforts for changes and improvements in various
industries. The 2012 and 2013 editions of Benchmark Plaintiff,
Attorneys recognized Kevin as a “Litigation Star” in its national
rankings for mass torts/product liability, as well as its South
Carolina rankings in product liability. Martindale-Hubbell®
recognizes Kevin as a BV® rated attorney.
He is a member of the American Association for Justice, Georgia
Trial Lawyers Association and South Carolina Association for
Justice. He co-authored “Dangerous Doors and Loose Latches,”
published in Trial Magazine (2004) for the American Association
for Justice (formerly Association of Trial Lawyers of America),
and authored “The Right to Jury Trial in ERISA Civil Enforcement
Actions” published in The American Journal of Trial Advocacy
(1989).
Michael E. Elsner
LICENSED IN: NY, SC, VA
U.S District Court for the Eastern and Southern Districts of
New York
EDUCATION:
J.D., University of Memphis Cecil C. Humphreys School of Law,
1997
B.A., John Carroll University, 1993
Michael Elsner manages complex, cross-border litigation and
intricate investigations of infringement and abuse of human
rights, multi-layered financial transactions and due diligence.
He litigates complex civil matters on behalf of people and
businesses victimized by commercial malfeasance, violations
of human rights, inadequate security measures and statesponsored terrorism. As a key member of Motley Rice’s AntiTerrorism and Human Rights practice group, Michael is using
the U.S. civil justice system to seek social change and improved
protection of Americans at home and abroad.
Michael’s understanding of the complex legal challenges of
international matters is critical to litigating cases involving
human rights and financial dealings. He uses legal mechanisms
to track illicit finances, and his investigations through the maze
of international banking and financial regulations continue to
uncover violations that have allowed money laundering and
terrorist financing. Michael is building upon legal theories and
case precedents to represent plaintiffs harmed by financial
crimes and actions and hold the global institutions and
organizations accountable.
Michael is a lead plaintiffs’ counsel in Almog v. Arab Bank, a suit
brought on behalf of American and Israeli victims of terrorist
attacks trying to prevent the financing of more terrorists
and help bring peace to the Middle East region. In addition,
he currently leads the worldwide investigation for liability
evidence in the 9/11 Families United to Bankrupt Terrorism civil
action against al Qaeda’s alleged financiers and supporters. In
this capacity, Michael meets with U.S. and foreign intelligence
officers, witnesses, and informants, who have already helped
him gather more than two million pages of documents in
numerous languages identifying the activities of al Qaeda
and its financiers. He is a member of the Plaintiffs’ Steering
Committee for this multidistrict litigation filed on behalf of
more than 6,500 families and survivors of the 9/11 attacks. He
also served as a member of the Plaintiffs’ Committee in In re
September 11th Litigation, a suit brought against the airline
industry alleging that it failed to detect and prevent the attacks.
Michael’s work with financial transaction litigation includes
commercial, securities fraud and shareholder derivative cases
such as his extensive work on behalf of domestic and foreign
investors in In re Vivendi Universal, S.A. Securities Litigation.
Michael is also leading the firm in its role as consultants to
South African human rights lawyer Richard Spoor in his effort to
take on leading global gold producers and seek justice for tens
of thousands of exploited gold mine workers who are suffering
from silicosis. Few class actions have been brought in South
Africa, and none have been filed for sick workers. If approved
as a class, the suit would generate an unprecedented means
of recovery for the country and ensure meaningful access to
justice for the indigent and rural workers who are dying from
this entirely preventable yet incurable disease.
Michael began his career with the Manville Personal Injury
Trust and then practiced complex civil litigation in New York in
the areas of toxic torts, security, personal injury, bankruptcy,
and whistleblower protections prior to joining Motley Rice
attorneys in 2002.
Sharing his experience and insight as a lecturer and consultant,
Michael has discussed anti-terrorism and human rights litigation
on several national and international news outlets, including
CNN, MSNBC, NPR and the BBC, as well as international antimoney laundering and anti-terrorism industry conferences.
Michael was named to the 2010 edition of the Lawdragon™
3,000. He is a member of the American Association for Justice,
American Bar Association, New York Bar Association, South
Carolina Bar Association, Virginia Bar Association, National
Crime Victims Bar Association, and Public Justice.
Nathan D. Finch
LICENSED IN: DC, VA
U.S. Court of Appeals for the Third, Fourth, Fifth, Sixth and
Tenth Circuits, U.S. District Court for the District of Columbia
and the Eastern District of Virginia
EDUCATION:
J.D., University of Virginia School of Law, 1992
B.A., University of Virginia, 1989
Nate Finch brings almost twenty years of experience in complex
civil litigation and trial work to Motley Rice. With a diverse
background, as well as strong trial and negotiation skills, he
holds a central role in the firm’s work representing clients in
various asbestos, toxic tort, commercial, securities fraud and
other complex cases. Nate has served as the lead trial attorney
for his clients in many federal and state courts and is sought after
by co-counsel for advice on challenging cases and complex
legal matters.
Nate’s thorough knowledge of asbestos and medical issues is
an asset to the firm’s occupational disease and toxic tort clients.
He has obtained plaintiffs’ verdicts in cases against asbestos
product manufacturer defendants and cigarette makers. He has
extensive experience trying cases involving a wide variety of
asbestos-containing products, including gaskets, automotive
brakes, floor tiles, joint compounds, and various forms of
insulation. He also has years of experience representing
individuals, companies and creditors’ committees in personal
injury litigation, mass torts products liability litigation, securities
and financial fraud litigation and an array of other complex
litigation cases ranging from single plaintiffs’ products liability
cases to high-stakes business disputes.
Prior to joining Motley Rice, Nate was a partner for more than
ten years in a Washington, D.C.-based law firm and frequently
collaborated with Motley Rice attorneys in trials and negotiations
to resolve large asbestos product manufacturers’ bankruptcies.
He tried numerous cases in federal district courts focusing on
the medical and scientific factors associated with asbestosrelated diseases and asbestos exposure. During this time, he also
tried and helped to resolve in favor of his clients five asbestos
bankruptcy cases, each having more than $1 billion at stake. In
addition, Nate worked closely with Motley Rice attorneys on
behalf of investors in In re MBNA Securities Litigation and In re
Vivendi Universal, S.A. Securities Litigation.
Nate’s understanding of the factual and legal challenges
inherent in complex cases, combined with his trial experience,
has positioned him as a considerable resource within many
practice areas. A frequently invited speaker regarding a variety
of legal matters, he has spoken at many asbestos litigation
and bankruptcy conferences and has been a guest lecturer at
the Georgetown University, George Washington University and
University of Baltimore law schools on topics relating to civil
procedure, mass tort litigation and the differences between
litigating in Article III and Article I courts.
Nate was honored in 2013 with the American Association
for Justice (AAJ) Wiedemann & Wysocki Award, a national
award honoring members for going above and beyond their
commitments to the principles of the civil justice system and
AAJ’s mission. Recognized as a Martindale Hubbell® AV® rated
attorney, Nate was named a “Local Litigation Star” in the 2012
and 2013 editions of Benchmark Plaintiff, The Definitive Guide to
America’s Leading Plaintiff Firms & Attorneys in its Washington,
D.C., rankings in product liability and securities. He was
additionally recognized as a “Local Litigation Star” in the 2013
fifth annual edition of Benchmark Litigation, The Definitive Guide
to America’s Leading Litigation Firms & Attorneys for his work
in civil litigation, creditors’ rights and white-collar crime. Nate
was selected by his peers for inclusion in both the 2012 and 2013
Washington, D.C. Super Lawyers® lists and was also ranked a
“Top Lawyer” in the 2009 and 2010 editions of Chambers USA in
bankruptcy and restructuring. He is a member of the American
15
Association for Justice and The Barristers. A graduate of the
University of Virginia and the University of Virginia School of Law,
Nate was a member of the Virginia Law Review and the Order of
the Coif.
In addition to his professional activities, Nate has served
his community for many years through volunteer activities
coordinated by Greater D.C. Cares, an organization committed
to connecting volunteers with community service groups. He is
a former scholarship track and cross country athlete at UVA.
Fidelma L. Fitzpatrick
LICENSED IN: DC, MA, NY, RI
U.S. Court of Appeals for the First, Seventh and Eleventh
Circuits, U.S. District Court for the District of Columbia, District
of Massachusetts, District of Rhode Island and Eastern District
of Wisconsin
EDUCATION:
J.D., cum laude, American University, 1994
B.A., Canisius College, 1991
Fidelma Fitzpatrick litigates environmental contamination
claims on behalf of various states, cities, counties and
individuals. She held a central role in the state of Rhode Island’s
lead paint trial against former corporate manufacturers of lead
paint. Fidelma continues to manage cases seeking to hold
the lead paint industry accountable for the childhood lead
poisoning crisis and provide restitution and compensation to
affected children and families. As a result of her work for lead
poisoning victims, the Wisconsin State Supreme Court became
the first to recognize the legal rights of poisoned children
to sue lead pigment manufacturers. She worked on similar
litigation filed by the City of New York and the City and County
of San Francisco.
In addition to her work on lead poisoning issues, Fidelma
represents communities and individuals in other toxic tort
and environmental matters, including property damage and
personal injury claims. She played a lead role in representing the
community of Tallevast, Florida, in a lawsuit against Lockheed
Martin Corporation involving the pollution of the community’s
groundwater with PCE and TCE. Fidelma is currently litigating
nuclear contamination cases on behalf of Pennsylvania
residents who allege that local nuclear facilities exposed
them to hazardous levels of toxic or radioactive material in the
surrounding air, soil and water. Those cases, involving both
personal injuries and property damage, are pending in federal
court.
Fidelma’s experience with complex civil litigation has also
led her to represent other victims of corporate malfeasance.
She plays a central role in representing hundreds of women
allegedly harmed by transvaginal mesh/sling products in filed
cases against defendants that include Boston Scientific, C.R.
Bard, Inc., and Johnson & Johnson. She serves as co-liaison
counsel in the In re Bard Litigation in New Jersey state court,
as well as state court liaison counsel in both Delaware and
16
Massachusetts. In 2012, Fidelma was also appointed co-lead
counsel of the pelvic mesh MDL In re American Medical Systems,
Inc., Pelvic Repair Systems Products Liability Litigation.
Fidelma began working with Motley Rice attorneys in 1997 on
the Massachusetts, New York and Rhode Island groundbreaking
lawsuits against the tobacco industry. She is the author of
“Painting Over Long-Standing Precedent: How the Rhode island
Supreme Court Misapplied Public Nuisance Law in State v. Lead
Industries Association” in the Roger Williams University Law
Review (Summer 2010) and also has co-authored several other
law articles, including “Access to Justice: The Use of Contingent
Fee Arrangements by Public Officials to Vindicate Public Rights”
in Cardozo J.L. & Gender (Spring 2008) and “Negligence in the
Paint: The Case for Applying the Risk Contribution Doctrine to
Lead Litigation” in Pace Environmental Law Review (Fall 2008).
She frequently speaks on environmental and mass tort topics
at conferences for federal and state court judges, attorneys,
academic professionals and law students.
Fidelma was highlighted in the 2013 Litigation edition of The
Legal 500 United States for her work in mass tort and class
action: plaintiff representationtoxic tort. In recognition of
her legal work on the Rhode Island lead paint case, Rhode
Island Lawyers Weekly named Fidelma a 2006 Rhode Island
Lawyer of the Year, and she was a 2006 finalist for the Public
Justice Foundation’s Trial Lawyer of the Year award. In 2010,
The National Trial Lawyers named her one of its Top 100 Trial
Lawyers™ in Rhode Island. Fidelma has been selected by her
peers for inclusion in the 2008 and 2010–2013 editions of New
England Super Lawyers® and Rhode Island Super Lawyers®.
She has also been listed every year since 2008 in The Best
Lawyers in America® for her work in mass tort litigation/class
actions- plaintiffs.
Named a Motley Rice member in 2006, Fidelma serves as a
volunteer attorney with the American Civil Liberties Union. She
is a member of the American Association for Justice, American
Bar Association, Public Justice, Rhode Island Association for
Justice and Rhode Island Women’s Bar Association. She also
serves on the Science Advisory Board at Canisius College and
as the Rhode Island State Coordinator for the Public Justice
Foundation.
Jodi Westbrook Flowers
LICENSED IN: SC
U.S. Court of Appeals for the Fourth Circuit and District of
Columbia Circuit
U.S. District Court for the District of South Carolina
EDUCATION:
J.D., University of South Carolina School of Law, Carolina Legal
Scholar, 1993
B.A. magna cum laude, College of Charleston, 1989
Jodi Flowers leads Motley Rice’s Anti-Terrorism and Human
Rights practice group, the legal team founded by Ron Motley
that brought the groundbreaking complex litigation against the
financiers and material supporters of al Qaeda. Representing
thousands of family members and survivors of Sept. 11, 2001, in a
pioneering civil action to hold al Qaeda’s sponsors accountable
and cut off the terror support pipeline, she serves on the
Plaintiffs’ Executive Committee for the In re Terrorist Attacks on
September 11, 2001 litigation consolidated by the Multidistrict
Litigation Panel. Jodi is currently involved in processing claims
for the new Victims’ Compensation Fund for first responders,
area residents, and anyone whose health may have been
affected by exposure to environmental toxins released in the
terrorist attacks. She was also an integral member of the Motley
Rice aviation security litigation team seeking accountability
and change in aviation security following the 9/11 attacks.
Geo. J. Int’l. L. 1601). She provides pro bono work on a variety
of global, national and community issues and helped establish
the firm’s Charitable Contributions Committee. The 2012 and
2013 editions of Benchmark Plaintiff, The Definitive Guide to
America’s Leading Plaintiff Firms & Attorneys recognized Jodi
as a “Litigation Star” in its national rankings for civil rights/
human rights and mass tort/product liability, as well as its South
Carolina rankings in environmental, human rights, mass tort
and securities. She was also named to the 2010, 2011 and 2012
editions of The Lawdragon™ 500 Leading Lawyers in America
list for her work in plaintiffs’ litigation.
Jodi handles a variety of other anti-terrorism cases regarding
the state-sponsorship of international terrorism, as well as
human rights litigation involving violations of international law
and human rights abuses. She plays a lead role in the firm’s
involvement in a case concerning Arab Bank’s alleged material
support of terrorism, In re Almog v. Arab Bank. Jodi also
authored an amicus brief, supporting section 1502 of the DoddFrank Act, regarding the trade regulation of conflict minerals in
the Democratic Republic of the Congo. Using her experience
in complex case resolution, she served as the lead negotiator
in the last hold-out of the individual cases against Libya for
the Lockerbie bombing of Pan Am Flight 103. Jodi continues to
seek justice for victims of Libyan sponsored terrorism during
Qadhafi’s reign.
Jodi serves on the International Law Committee of the South
Carolina Bar and is a member of the American Association
for Justice, the South Carolina Association for Justice, the
American Bar Association, the Charleston Bar Association and
the Daughters of the American Revolution.
Additionally, Jodi has worked on toxic environmental cases
in the Virgin Islands involving leaking gas tanks, and she is
currently representing clients in advancing their Deepwater
Horizon oil spill claims through the programs established by
the two settlements reached with BP.
Vin Greene works on behalf of victims of lead poisoning and
asbestos-related diseases. He represents children and families
poisoned by exposure to lead paint and pigments in trials,
negotiations and settlements. Vin’s legal efforts led to his
critical role in defeating tort reform legislation in Rhode Island,
utilizing testimony, analysis and grassroots outreach to push
passage of a bill that helped prevent childhood lead poisoning
without infringing on victims’ rights. For his numerous efforts
and accomplishments, the Childhood Lead Action Project
honored him with its Beyond the Call of Duty Award in 2001.
Jodi’s legal career has included developing, researching and
managing complex litigation and class actions on behalf of
injured consumers and citizens in lawsuits and trials involving
tobacco, asbestos, lead pigment, aviation, transportation
and vehicle defects. She litigated against lead paint/pigment
manufacturers, Bridgestone/Firestone for injuries caused by
tire defects cases, and the telecom industry for wiretapping.
She has served on numerous MDL Executive Committees and
Subcommittees. Currently, she plays an active role in litigating
multiple complex securities fraud cases and shareholder
derivative suits.
Jodi began her career applying restitution and fraud theories
to the litigation against the tobacco industry which resulted in
the historic Master Settlement Agreement between the state
attorneys general and the tobacco industry. She developed
expert and whistleblower testimony, synthesized millions of
pages of documents and prepared the tobacco cases for trial.
She prepared the false-marketing and child targeting case
against the tobacco industry which resulted in restrictions on
cartoon ads and the retirement of Joe Camel.
Jodi has been interviewed by various media outlets, including
U.S. and foreign television, radio and print media, and is the
author of “Remarks on the GJIL Symposium on Corporate
Responsibility and the Alien Tort Statute,” Georgetown Journal
of International Law, Volume 43 - Issue 4, Summer 2012. (43
Vincent L. Greene IV
LICENSED IN: RI
U.S. District Court for the District of Rhode Island
EDUCATION:
J.D., George Washington University, 1998
B.A., College of the Holy Cross, 1995
Currently, Vin represents workers and families suffering from
mesothelioma and other asbestos-related diseases as a result
of occupational, environmental or household exposure to
asbestos. He has managed asbestos cases and negotiations
on behalf of hundreds of individuals, including arguing before
the Supreme Courts of Ohio and Rhode Island.
Vin began working with Motley Rice attorneys in 1997 on the
landmark litigation against the tobacco industry and medical
malpractice cases. He was recognized in the 2012–2014 editions
of Benchmark Plaintiff, The Definitive Guide to America’s
Leading Plaintiff Firms & Attorneys as a “Local Litigation
Star” in the Rhode Island rankings in environmental, medical
malpractice and toxic tort. Martindale-Hubbell® recognizes Vin
as a BV® rated attorney.
Named a Motley Rice member in 2008, Vin is a member of the
American Association for Justice and American Civil Liberties
Union. He additionally serves on the Board of Directors for the
Rhode Island Association for Justice.
17
John E. Herrick
LICENSED IN: MD, SC
U.S. District Court for the Central District of Illinois, District
of Maryland, District of South Carolina, Eastern and Western
Districts of Wisconsin
EDUCATION:
John Herrick has spent more than 20 years representing victims
of asbestos exposure suffering from mesothelioma and other
asbestos-related diseases. As a leader of the firm’s occupational
disease practice, John continues to fight for the rights of those
harmed by asbestos and other occupational diseases and
assists in managing the firm’s asbestos litigation teams. A senior
trial lawyer with years of courtroom experience, John represents
individuals and families against defendants which manufactured
and sold defective and unreasonably dangerous asbestoscontaining products and equipment, as well as premise owners
and contractors who specified and installed those products.
John has litigated asbestos cases resulting from occupational,
environmental and household exposure, receiving verdicts in
hundreds of matters. Most recently, John was lead trial counsel
in a welding fume verdict for the plaintiff on behalf of a welder
who developed manganism from exposure to welding fumes.
He won the first affirmed jury verdict in the United States for
a domestic, asbestos- exposed mesothelioma victim in the
Marie Granski case and achieved the first verdict in the United
States against SCAPA US, the former manufacturer of asbestoscontaining dryer felts. John also worked as lead trial counsel
in the Harlow trial group, cited as a top 100 case of the year by
The National Law Journal, and litigated a personal injury case
against a tobacco company for a plaintiff harmed by the use of
asbestos in cigarette filters.
John was highlighted in the 2009, 2011 and 2012 Litigation
editions of The Legal 500 United States (mass tort and class
action: plaintiff representationtoxic tort) and was given an AV®
rating by Martindale-Hubbell®. He is a member of the American
Association for Justice, American Bar Association and South
Carolina Association for Justice. He also serves as a frequent
guest speaker at asbestos litigation-related seminars.
James M. Hughes, Ph.D.
LICENSED IN: SC
U.S. Supreme Court, U.S. Court of Appeals for the First and
Fourth Circuits, U.S. District Court for the District of South
Carolina
EDUCATION:
Ph.D., University of Illinois, Chicago, 1983
M.A., University of Illinois, Chicago, 1976
B.A., University of Minnesota, 1975
Jim Hughes practices securities fraud and shareholder litigation
on behalf of institutional investors, public pension funds
and unions. A former professor of philosophy, Jim’s practice
18
includes developing strategic legal arguments and drafting
legal complaints and lead plaintiff motions. He plays a key role
in cases involving corporate governance issues, shareholder
derivative lawsuits and consumer and securities fraud.
Jim previously concentrated his practice on occupational disease
and toxic torts, representing individuals such as steel and
chemical workers injured by the exposure to silica and asbestos
in the workplace. His efforts on behalf of occupational disease
victims led to his arguing before appellate courts in Illinois
and Minnesota. He shared his experience with silica litigation
and product identification at several national conferences,
addressing the plaintiff’s perspective and other pertinent issues.
A published author on several legal and academic themes,
Jim’s law review article, “Informing South Carolina Capital Juries
About Parole” (44 S.C. Law Review 383, 1993) was cited in 2000 by
U.S. Supreme Court Justice John Paul Stevens in his dissenting
opinion in Ramdass v. Angelone. His reported opinions include
Ison v. E.I. DuPont de Nemours & Co. (Del. 1999), In re Minnesota
Asbestos Litigation (Minn., 1996), W.R. Grace & Co. v. CSR Ltd.,
(Ill. App. Ct. 1996) and In re Tutu Wells Contamination Litigation
(D.V.I. 1995).
Jim began his legal career with the plaintiffs’ bar after
clerkships with the South Carolina Office of Appellate Defense
and a business, employment and intellectual property defense
firm. He is recognized as an AV® rated attorney by MartindaleHubbell® and is a member of the American Association for
Justice and the South Carolina Association for Justice.
Rebecca M. Katz
LICENSED IN: NY
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the District of Colorado, and Southern,
Eastern and Western Districts of New York
EDUCATION:
J.D., Hofstra University School of Law, 1990
B.S., Hofstra University, 1987
Rebecca Katz brings to Motley Rice’s Securities and Consumer
Fraud team more than 20 years of complex litigation experience,
including experience as a former senior counsel for the SEC’s
Enforcement Division and an extensive background in both
qui tam and SEC whistleblower cases. Rebecca currently
represents individuals in SEC whistleblower litigation, as well
as institutional investors in securities fraud class and individual
actions. She is the managing member of the firm’s New York
office and leads its SEC whistleblower practice.
Prior to joining Motley Rice, Rebecca was a partner at a large
New York firm, where she played a central management role in
a number of major cases. She represented the Republic of Iraq
and the Iraqi people in Republic of Iraq v. ABB AG, et al., No. 08CV-5951 (S.D.N.Y.), a case alleging corruption of the Oil-for-Food
Programme that was established by the United Nations in 1995
to help provide basic necessities to Iraqi citizens. As a member
of the Plaintiffs’ Executive Committee for In re Initial Public
Offering Securities Litigation, No. 21-MC-92 (S.D.N.Y.), which
ultimately settled for $586 million, she oversaw the hundreds
of coordinated actions involved in the litigation. In addition,
Rebecca has represented the Public Employees Retirement
Association of New Mexico and the New Mexico Educational
Retirement Board in individual securities cases against
numerous defendants, including Wells Fargo & Company, for
their alleged breach of contract and fiduciary duty in connection
with certain investments in a securities lending program.
Rebecca is a regular guest speaker at legal conferences
throughout the country, including public pension and TaftHartley fund conferences, and has presented on issues that
include emerging developments in securities litigation and
the SEC whistleblower provisions of the Dodd-Frank Act, as
well as complex and class action litigation. As a former faculty
member at the Practising Law Institute’s Securities Litigation &
Enforcement Institute, she explored a variety of issues impacting
securities law and lectured at the Fordham University School of
Law’s Eugene P. and Delia S. Murphy Conference on Corporate
Law— Corporations, Investors and the Securities Markets.
Rebecca has published numerous articles, including “Plaintiffs’
Perspective: The SEC’s Final Rules for Whistleblowers Offer a
Balanced Approach to an Important New Program,” Securities
Litigation Report (with James M. Weir), July/August 2011; and
“The Dodd-Frank Act: New Life for Whistleblowers and the
SEC,” Securities Litigation Report (with David B. Harrison),
September 2010.
Rebecca’s securities litigation experience earned her
recognition in the 2013 and 2014 editions of Benchmark Plaintiff,
Attorneys, which honored her as a “Local Litigation Star” in the
New York rankings in securities. She was selected by her peers
for inclusion in the 2008, 2009, 2010 and 2013 editions of New
York Metro Super Lawyers® and in the 2011 Super Lawyers®
Business Edition in the litigation practice area. She was also
recommended in the 2012 Litigation edition of The Legal 500
United States for her work in mass tort and class action:
plaintiff representation – securities.
Rebecca earned a law degree from Hofstra University School of
Law, where she was a member of the Hofstra Law Review. She
is a member of the New York City Bar Association Securities
Litigation Committee.
Anne McGinness Kearse
LICENSED IN: DC, SC
U.S. District Court for the Eastern District of New York, Eastern
and Western Districts of Pennsylvania and District of South
Carolina
EDUCATION:
J.D. cum laude, University of South Carolina School of Law,
1998
B.S., Syracuse University, 1983
Anne McGinness Kearse focuses her practice on severe
personal injury, representing children and adults in cases
involving workplace injuries, toxic exposure, catastrophic
burns, brain damage, loss of limb and paralysis, as well as
wrongful death resulting from negligence and defective
products. Through litigation, she has spent more than a
decade seeking to hold accountable numerous corporations
that put profits before safety, from the asbestos and tobacco
companies to various consumer product manufacturers. Anne’s
work has been instrumental in causing the implementation of
better safety practices and corporate governance measures
and holding companies accountable for consumers’ health and
safety. She serves in a managing role for the firm’s occupational
health and catastrophic injury practice groups. Anne works closely with families suffering from extreme and
life-altering injuries caused by negligent manufacturing or
management. She represents people severely burned by the
ethanol-based fuel gel used in decorative firepots and is a
member of the Motley Rice team litigating dozens of claims
against manufacturers Napa Home and Garden, Inc., and Fuel
Barons, Inc., and their insurers. Additionally, she represents a
West Virginia resident seriously injured by carbon monoxide
poisoning while a hotel guest and recently resolved a suit filed
by a family whose young daughter suffered brain damage after
a near drowning.
During law school, Anne supported the legal team representing
the State Attorneys General in the historic lawsuit against Big
Tobacco, which resulted in the largest civil settlement in U.S.
history. After graduation, she helped litigate Falise v. American
Tobacco Company and began representing asbestos victims.
Today, she continues to represent people diagnosed with
the devastating, deadly occupational disease mesothelioma
caused by asbestos exposure in the chemical, electric power
generation, steel or construction industries. She also litigates
asbestos claims for household exposure victims, including
children and housewives who developed mesothelioma or
other asbestos-related diseases because they were exposed
to asbestos a family member brought home on clothes or
belongings.
Anne has tried several noteworthy cases, including Cox vs. A&I
Company, West Virginia’s first domestic asbestos exposure
case, and the 2002 West Virginia Consolidated Asbestos Trial
against Union Carbide in which unsafe working conditions
were found at its plants throughout the state. In addition to
maintaining an active trial schedule, Anne represents Canadian
Workers’ Compensation Boards in U.S. courts to recoup benefits
they paid Canadian asbestos victims.
Anne has written several articles of interest to the plaintiffs’ bar
and frequently speaks on asbestos litigation, general product
liability and tort reform at seminars across the country. She
has been published on major legal issues, including forum
non conveniens and defective products abroad, corporate
misconduct, medicolegal aspects of asbestos litigation and
mass tort litigation. Anne contributed to the 12th chapter
of the book, “Pathology of Asbestos-Associated Diseases”
(Medicolegal Aspects of Asbestos-Related Diseases: A
Plaintiff’s Attorney’s Perspective, 2nd ed., 2004). Edited by Victor
L. Roggli, MD; Tim D. Oury, MD, PhD; and Thomas A. Sporn, MD,
this publication is a comprehensive asbestos reference book
used by both physicians and attorneys.
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Anne’s peers selected her for inclusion in the 2011–2014
editions of The Best Lawyers in America® for her work in mass
tort litigation/class actions- plaintiffs, and both the 2012 and
2013 editions of Benchmark Plaintiff, The Definitive Guide to
America’s Leading Plaintiff Firms & Attorneys recognized her
as a “Litigation Star” in both its national and South Carolina
rankings for mass tort/product liability. The National Trial
Lawyers named her in 2010 as one of its Top 100 Trial Lawyers™
in South Carolina. She was also highlighted in the 2009, 2011
and 2012 Litigation editions of The Legal 500 United States
(mass tort and class action: plaintiff representationtoxic tort).
Anne was selected by her peers for inclusion in the 2013 South
Carolina Super Lawyers® list and is recognized as a BV® rated
attorney by Martindale-Hubbell®.
In 2012, Anne was elected to the Board of Governors for the
South Carolina Association for Justice and asked to serve on
its Legislative Policy Working Group. She was also elected in
2012 to be the South Carolina state delegate to the Board of
Governors of the American Association for Justice. She serves
as a chair of the AAJ Committee on Asbestos Education for the
Asbestos Litigation Group and Vice-Chair for STEP (Section of
Toxic, Environmental and Pharmaceutical Torts). In 2011, Anne
was re-elected to the Public Justice Foundation’s Board of
Directors and, in 2012, was elected to serve on the Foundation’s
Executive Committee. She also serves as Treasurer for the Public
Justice Foundation. In 2011, Anne served on the Executive Board
for a local chapter of Safe Kids USA, advocating for childhood
injury prevention.
Anne is a member of the American Association for Justice,
American Bar Association, South Carolina Association for
Justice and Litigation Counsel of America Trial Lawyer Honorary
Society. A University of South Carolina School of Law bronze
Compleat Award recipient, she is also a member of the Order
of the Coif, Order of the Wig and Robe, John Belton O’Neal Inn
of Court and the James L. Petigru Chapter of the American Inns
of Court.
Marlon E. Kimpson
LICENSED IN: SC
EDUCATION:
B.A., Morehouse College, 1991
Marlon Kimpson represents victims of corporate malfeasance,
from investors in securities and consumer fraud cases to people
injured or killed in aviation disasters and other catastrophic
incidents. Building upon the firm’s relationships with unions
and governmental entities, Marlon represents individuals,
state and municipality pension funds, multi-employer plans,
unions and other institutional investors in securities fraud
class actions and mergers and acquisition cases to help
recover assets and improve corporate governance. Marlon
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has worked on shareholder derivative litigation and on
mergers and acquisitions cases that include: In re Atheros
Communications, Inc., Shareholder Litigation, In re Celera
Corporation Shareholder Litigation, In re RehabCare Group,
Inc., Shareholders Litigation and In re Coventry Healthcare,
Inc., Shareholder Litigation. Marlon currently serves as South
Carolina State Senator of District 42, representing citizens of
Charleston and Dorchester Counties.
Marlon joined Motley Rice attorneys in 2000 and has played an
integral role in developing the firm’s catastrophic injury, aviation,
asbestos and securities fraud practice groups. He has worked
as a member of the aviation team on commercial and charter
aviation cases with clients, defendants and accidents involving
multiple countries. He has also worked with the Environmental
team to represent people and businesses that need help filing
their claims under the new claims programs established by the
two Deepwater Horizon BP oil spill settlements.
A frequent speaker, Marlon has presented at seminars and
conferences across the country, including the Public Funds
Summit, the National Association of State Treasurers, the South
Carolina Black Lawyers’ Association, the National Conference
on Public Employee Retirement Systems (NCPERS) and the
National Association of Securities Professionals (NASP).
After five years in commercial banking, Marlon earned a law
degree before serving as a law clerk to Judge Matthew J. Perry
of the U.S. District Court of South Carolina. His work in the legal
field was recognized by Benchmark Plaintiff, The Definitive
Guide to America’s Leading Plaintiff Firms & Attorneys, which
named Marlon in 2012 as a “Litigation Star” in its national
rankings for mass tort/product liability and, in the 2012–2014
editions, as a “Local Litigation Star” in its South Carolina rankings
in environmental, mass tort and securities. His legal work and
volunteer service also earned him the University of South
Carolina School of Law bronze Compleat Award. MartindaleHubbell® recognizes Marlon as a BV® rated attorney.
Marlon is active in his community and formerly served on the
Board of Directors for the Peggy Browning Fund. He has also
held leadership roles with the University of South Carolina Board
of Visitors, the Charleston Black Lawyers Association and the
South Carolina Election Commission. He is a lifetime member
of the NAACP and a member of the American Association for
Justice, American Bar Association, National Bar Association,
South Carolina Association for Justice, Sigma Pi Phi Boulé and
Omega Psi Phi fraternity.
Mark I. Labaton
LICENSED IN: CA, DC
Supreme Courts of California, the District of Columbia and
Pennsylvania; U.S. Court of Appeals for the First, Second,
Third, Fifth, Seventh, Ninth and D.C. Circuits; U.S. District
Court for the Districts of Colorado, Massachusetts, Utah, and
District of Columbia, Western District of Washington, Central,
Northern, Southern and Eastern Districts of California
EDUCATION:
J.D., Duke University School of Law, 1988
M.A., Northwestern University Medill School of Journalism,
1981
B.A., Oberlin College, 1980
As a former federal prosecutor, Mark Labaton is a longstanding advocate for corporate responsibility and financial
accountability. For many years, Mark has litigated complex
securities fraud, whistleblower, shareholder rights, corporate
governance, insurance, financial fraud and consumer fraud
cases. He currently serves as managing partner of the firm’s
Los Angeles office, Motley Rice LLP, and leads its qui tam
whistleblower litigation team.
Mark has been instrumental in securing multiple settlements
and judgments for his clients totaling close to $1 billion. He has
served as lead attorney or played an integral role in prosecuting
(and defending) high-profile cases against a broad range of
Fortune 500 and other large public and private companies, as
well as prominent corporate officers and directors. A number of
these cases have resulted in important legal precedents.
Early in his career, Mark served as an Assistant U.S. Attorney
for the Central District of California, where he prosecuted
white-collar fraud cases against officers, directors and senior
executives of federally-insured financial institutions and
False Claims Act actions against healthcare providers, defense
contractors and other government contractors. He received
awards and commendations from the U.S. Attorney General,
several U.S. Attorneys, the FDIC, the FDIC’s Office of the Inspector
General, the Federal Bureau of Investigation, the Federal Reserve
Board of Governors, the Immigration and Naturalization Service
and the Small Business Administration. Mark also served as
legal counsel to a mayoral transition team and, subsequently,
as a special counsel to the District. He worked directly with
the Director of the D.C. Department of Health, Vincent Gray,
to develop a comprehensive ten-year plan for the District’s
healthcare system.
Mark’s passion for writing has led to numerous published nonlegal commentary, features and articles for daily, national and
local newspapers and regional magazines. Awarded funding
from the Ford Foundation, he wrote a series of articles on human
rights issues for several international newspapers. Additionally,
he has published more than two dozen legally-related
commentary articles in publications that include: Los Angeles
Real Estate Journal, Los Angeles Lawyer, San Francisco Daily
Journal, the Duke Law Journal, the Banking Law Review, Practising
Law Institute’s Securities Law Handbook, the Consumer Lawyers
Advocate magazine, Legal Times, Texas Lawyer, New Jersey
Lawyer, Manhattan Lawyer and Irish Times. For years, he has
written as a featured business law columnist in the Los Angeles
Daily Journal. He also appeared in published symposia and
was featured on the cover of Los Angeles Lawyer magazine in
connection with a lead article on credit default swaps, which
that magazine’s editors solicited from him based on his work as
an advocate for securities and consumer fraud victims. At Duke University School of Law, Mark served as a staff and
editorial board member of the Duke Law Journal and received
the Hervey M. Johnson Writing Prize for the best law review
article. The article was later cited in court opinions and other law
review articles that led to an amendment of the Federal Rules of
Civil Procedure.
Both national and local media frequently quote Mark, and he has
been named for five consecutive years to the Southern California
Super Lawyers® list. He has also been a featured speaker, panelist
and moderator at legal conferences hosted by Duke University
School of Law, Taxpayers Against Fraud, the Institute of Law and
Economic Policy, the Rand Institute, the Claremont University
Drucker and Ito Business School, the U.S. Department of Justice,
the FDIC, the U.S. Department of Education, the Beverly Hills Bar
Association and the National Association of Legal Professionals.
Mark is an elected member of the American Law Institute,
serves as Vice President of the Institute of Law and Economic
Policy, and is an appointed member of the Appellate Courts
Committee of the Los Angeles Bar Association and its Antitrust
and Unfair Business Practice section. He served on the Board of
Governors of the Association of Business Trial Lawyers from 2008
to 2012. He is also a member of Taxpayers Against Fraud and its
Dodd-Frank SEC Working Group, the American Association for
Justice, the Association of Former U.S. Attorneys and Assistant
U.S. Attorneys for the Central District of California, the National
Association of Shareholder and Consumer Attorneys, and the
American Bar Association White Collar Crime Committee.
Gregg S. Levin
LICENSED IN: DC, MA, SC
U.S. Court of Appeals for the First, Second, Third, Fifth, Ninth
and Eleventh Circuits
U.S. District Court for the District of Colorado
EDUCATION:
J.D., Vanderbilt University School of Law, 1987
B.A., University of Rochester, 1984
With more than two decades of legal experience, Gregg Levin
represents domestic and foreign institutional investors and
union pension funds in corporate governance, directorial
misconduct and securities fraud matters. His investigative,
research and writing skills have supported Motley Rice as lead
or co-lead counsel in numerous securities and shareholder
derivative cases against Dell, Inc., UBS AG and Cintas
Corporation. Gregg manages complaint and brief writing
for class action deal cases, shareholder derivative suits and
securities fraud class actions.
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Prior to joining Motley Rice, Gregg was an associate with Grant
& Eisenhofer in Delaware, where he represented institutional
investors in securities fraud actions and shareholder derivative
actions in federal and state courts across the country, including
the WorldCom, Telxon and Global Crossing cases. He also
served as corporate counsel to a Delaware Valley-based retail
corporation from 1996-2003, where he handled corporate
compliance matters and internal investigations.
the largest lead paint poisoning settlement on behalf of a child
injured by lead poisoning. He also played a leading role in a
statewide lobbying effort to defeat legislation that would have
denied lead-poisoned children and their families the right
to seek justice. Through testimony, analysis and grassroots
outreach, he helped the Rhode Island legislature pass a bill
helping to prevent childhood lead poisoning without infringing
on victims’ rights.
Gregg is a published author on corporate governance and
accountability issues, having written significant portions of the
treatise Shareholder Activism Handbook (Aspen Publishers,
November 2005), as well as several other articles of interest to
institutional investors, including:
Additionally, Bob litigates cases involving environmental
hazards such as groundwater or soil contamination. He
represents victims seeking corporate accountability as a result
of personal injury, property damage and economic loss as a
result of negligent environmental practices. Recently, Bob
represented more than 100 residents of Tiverton, Rhode Island,
in an environmental contamination lawsuit against a major New
England utility company.
“In re Cox Communications: A Suggested Step in the Wrong
Direction” (Bank and Corporate Governance Law Reporter,
September 2005)
“Does Corporate Governance Matter to Investment Returns?”
(Corporate Accountability Report, September 23, 2005)
“In re Walt Disney Co. Deriv. Litig. and the Duty of Good
Faith under Delaware Corporate Law” (Bank and Corporate
Governance Law Reporter, September 2006)
“Proxy Access Takes Center Stage: The Second Circuit’s
Decision in American Federation of State County and
Municipal Employees, Employees Pension Plan v. American
International Group, Inc.” (Bloomberg Law Reports, February 5,
2007)
“Investor Litigation in the U.S. -- The System is Working”
(Securities Reform Act Litigation Reporter, February 2007)
Appearing in the media to discuss a variety of securities
matters, Gregg has also presented in more educational forums,
including at the Ethics and Transparency in Corporate America
Webinar held by the National Association of State Treasurers.
Robert J. McConnell
LICENSED IN: MA, RI
U.S. District Court for the District of Massachusetts, District of
Rhode Island
EDUCATION:
J.D., Suffolk University School of Law, 1987
A.B., Brown University, 1979
Bob McConnell’s practice concentrates on lead pigment
litigation, childhood lead poisoning cases and other toxic
environmental litigation with Motley Rice’s Environmental
practice group. For several years, Bob prepared for and served
on the trial team in the landmark trial on behalf of the state of
Rhode Island against corporate defendants from the lead paint
industry. In 2005, he successfully argued the precedent-setting
case Thomas v. Mallett 285 Wis 2d 236 as part of the Motley Rice
trial team applying risk contribution theory to the lead paint
industry before the Wisconsin Supreme Court.
Bob currently represents children injured by childhood lead
poisoning against property owners, governmental agencies
and lead pigment companies. In Rhode Island, Bob secured
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With over two decades of experience in asbestos litigation,
Bob also works on the firm’s occupational disease and toxic
tort litigation. He continues to represent victims of asbestos
exposure suffering from mesothelioma and other asbestosrelated diseases. He has managed large consolidation trials
in several states including Maryland, Mississippi and West
Virginia.
After beginning his career as a teacher, Bob earned a law degree
and clerked for the Honorable Donald F. Shea of the Rhode
Island Supreme Court. He joined Motley Rice attorneys on the
tobacco litigation team representing multiple state attorneys
general, which resulted in the historic Master Settlement
Agreement between the states and the tobacco industry.
Recognized as an AV® rated attorney by Martindale-Hubbell®,
Bob was named a “Local Litigation Star” in the 2012–2014
editions of Benchmark Plaintiff, The Definitive Guide to
America’s Leading Plaintiff Firms & Attorneys in its Rhode Island
rankings in environmental and toxic tort. He has been selected
by his peers for inclusion in every edition of The Best Lawyers
in America® since 2009 for his work in mass tort litigation/class
actions- plaintiffs. In addition, Bob has been selected by his
peers for inclusion in the New England Super Lawyers® and
Rhode Island Super Lawyers® lists each year since 2008.
Highly active in the Rhode Island community, Bob serves
as board vice chairman of The Institute for the Study and
Practice of Nonviolence, an organization that seeks to promote
nonviolence among young people in Rhode Island’s inner cities.
He is also a board member for the George Wiley Center, which
advocates for the rights of low income Rhode Island citizens,
and the Fund for Community Progress, an organization that
supports 26 grassroots organizations working for long-term
community change.
Bob frequently speaks about lead paint litigation to local and
regional groups such as the Rhode Island Bar Association and
the Northeast Conference of Attorneys General. He is a member
of the American Association for Justice and the American Bar
Association.
Donald A. Migliori
LICENSED IN: MA, MN, NY, RI
U.S. Court of Appeals for the First and Fourth Circuits, U.S.
District Court for the District of Rhode Island, District of
Massachusetts and Northern, Southern and Eastern Districts
of New York
EDUCATION:
M.A./J.D., Syracuse University, 1993
A.B., Brown University, 1988
Building upon his experience in complex asbestos cases, the
historic tobacco lawsuits and 9/11 litigation, Don Migliori is
a multifaceted litigator. He represents victims of terrorism,
aviation disasters, environmental contamination, defective
medical devices and drugs, occupational diseases and
securities and consumer fraud in cutting-edge litigation that
spans the country.
Don played a central role in the extensive discovery, mediations
and settlements of more than 50 cases of 9/11 aviation liability
and damages against numerous defendants. In this role, Don
represented families of the victims of the September 11, 2001,
attacks who opted-out of the Victim Compensation Fund to
seek greater answers, accountability and recourse, and served
as liaison counsel for all wrongful death and personal injury
cases in the 9/11 aviation security litigation. Additionally, he
manages anti-terrorism litigation associated with the 9/11
terrorist attacks as a lead attorney of the 9/11 Families United
to Bankrupt Terrorism groundbreaking litigation designed to
bankrupt the financiers of al Qaeda.
Don serves as co-lead plaintiffs’ counsel and liaison counsel for
the Composix® Kugel® Mesh multidistrict litigation, In re Kugel
Mesh Hernia Patch Products Liability Litigation, the first MDL in
federal Rhode Island Court, on behalf of thousands of individuals
alleging injury by the hernia repair patch. In Christopher Thorpe
and Laure Thorpe v. Davol, Inc. and C.R. Bard, Inc., the second
case to go to trial out of thousands of cases filed in the MDL,
the U.S. District Court for the District of Rhode Island found
hernia patch manufacturer Davol and parent company C.R.
Bard liable for negligent design of the patch and failure to warn
of the dangers associated with the patch. The jury awarded $1.5
million to the plaintiffs for personal injury damages and loss
of consortium. He serves as liaison counsel for the Composix®
Kugel® Mesh lawsuits consolidated in Rhode Island state court.
Don serves as co-liaison counsel in the N.J. Bard pelvic mesh
litigation in Atlantic County and plays a central role in the
thousands of cases involving women allegedly harmed by
pelvic mesh/sling products. Hundreds of cases have been filed
in federal and states courts against defendants that include
American Medical Systems, Inc. (AMS), Boston Scientific, C.R.
Bard, Inc., and Johnson & Johnson. He is a member of the
Plaintiffs’ Steering Committee in the Levaquin® litigation, as
well as the Depuy® Orthopaedics, Inc. ASR™ and Pinnacle®
Hip Implant MDLs. Motley Rice’s Securities and Consumer Fraud team relied upon
Don’s experience in connection with the commencement of
and strategy for shareholder derivative litigation brought
on behalf Chiquita Brands International, Inc., alleging the
defendants breached their fiduciary duties by paying bribes
to terrorist organizations in violation of U.S. and Columbian
law. He also served as trial counsel for PACE Industry UnionManagement Pension Fund in a securities case against Forest
Laboratories, Inc., and was involved in the initial liability
discovery and trial strategy in an ongoing securities fraud class
action involving Household International, Inc.
Don began working with Motley Rice attorneys in 1997 on behalf
of the State Attorneys General in the historic lawsuit against Big
Tobacco, resulting in the largest civil settlement in U.S. history.
He has more than a decade of interdisciplinary experience with
asbestos, medical and securities litigation. He tried several
noteworthy asbestos cases on behalf of mesothelioma victims,
including the state of Indiana’s first contractor liability verdict
and first premises liability verdict for wrongful exposure to
asbestos. He continues to manage asbestos cases and actively
litigates mesothelioma lawsuits in the courtroom.
Don is a frequent speaker at legal seminars across the country
and has appeared on numerous television and radio broadcast
programs, as well as in print media to address legal issues
related to terrorist financing, aviation security, class action
litigation, premises liability, asbestos and defective medical
devices cases. A “Distinguished Practitioner in Residence”
at Roger Williams University School of Law for the 2010-2011
academic year, he currently teaches mass torts as an adjunct
professor. Rhode Island Lawyers Weekly and Massachusetts Lawyers
Weekly each selected Don as being among their 2011 Lawyers
of the Year. The 2012–2014 editions of Benchmark Plaintiff, The
Definitive Guide to America’s Leading Plaintiff Firms & Attorneys
honored him as a “Local Litigation Star” in the Rhode Island
rankings in human rights and product liability. An AV® rated
attorney in Martindale-Hubbell®, Don was selected by his peers
for inclusion in the 2009–2013 editions of New England Super
Lawyers® and Rhode Island Super Lawyers® and was named
among the “Best of the Best” on the Top 10 Rhode Island Super
Lawyers 2012 list. He was also selected by his peers for inclusion
in the 2011–2014 editions of The Best Lawyers in America® for
his work in mass tort litigation/class actions- plaintiffs. Rhode
Island Lawyers Weekly selected him in 2011 as one of its Lawyers
of the Year. In 2010, The National Trial Lawyers named him one of
its Top 100 Trial Lawyers™ in Rhode Island, and he was named in
the 2010 edition of the Lawdragon™ 3,000. Don was honored in
2005 as one of Providence Business News’ Forty Under 40.
Don is the former President of the Rhode Island Association for
Justice. He serves on the Board of Governors for the American
Association for Justice and the Board of Directors for the
National Center for Victims of Crime. He is also a member of the
American Bar Association.
23
Ingrid L. Moll
LICENSED IN: CT, DC, NY, SC
ADMITTED TO PRACTIC BEFORE:
U.S. Court of Appeals for the Second, Fourth and Tenth
Circuits, U.S. District Court for the District of Colorado, District
of Connecticut, Eastern and Southern Districts of New York
EDUCATION:
J.D., University of Connecticut School of Law, 1999
B.A., Wheaton College, 1995
Ingrid Moll is a trial and appellate attorney who represents
consumers, businesses and governmental entities in complex
consumer protection, unfair trade practices, commercial and
environmental litigation.
Prior to joining Motley Rice, Ingrid was an associate attorney
at two large defense firms. She also served as a law clerk to
Justice David M. Borden of the Connecticut Supreme Court
from 1999-2001. As a law student, Ingrid was editor-in-chief of
the Connecticut Law Review.
In recognition of her professional achievements and
commitment to the community, Ingrid was honored with the
2005 Hartford Business Journal’s Forty Under 40 award and the
2005 Connecticut Law Tribune’s New Leaders of Law Impact
Award.
Active in the Connecticut community, Ingrid serves as an
executive member of the Board of Directors of the Connecticut
Bar Foundation and is a co-chair of the Bar Foundation’s
grantmaking committee. Ingrid also serves as President-Elect
of the Board of Directors of the Alumni Association of the
University of Connecticut School of Law, where she previously
taught moot court as an adjunct professor. Ingrid is President
of the Oliver Ellsworth Inn of Court, and is a member of Swift’s
Inn, the Connecticut State Advisory Committee of the U.S. Civil
Rights Commission and the Connecticut Client Security Fund
Committee.
William H. Narwold
LICENSED IN: CT, DC, NY, SC
U.S. Supreme Court, U.S. Court of Appeals for the First,
Second, Third, Fourth, Fifth, Sixth, Ninth, Tenth, Eleventh and
Federal Circuits, U.S. District Court for the District of Colorado,
District of Connecticut, Eastern and Southern Districts of New
York, District of South Carolina
EDUCATION:
J.D. cum laude, University of Connecticut School of Law, 1979
B.A., Colby College, 1974
Bill Narwold has advocated for corporate accountability
and fiduciary responsibility for nearly 35 years, representing
consumers, governmental entities, unions and institutional
investors. He litigates complex securities fraud, shareholder
rights and consumer fraud lawsuits, as well as matters involving
unfair trade practices, antitrust violations, whistleblower/qui
tam claims and intellectual property matters. Bill is the practice
group leader of Motley Rice’s Securities and Consumer Fraud
practice group.
24
Additionally, Bill manages the firm’s appellate group. His
experience includes being involved in more than 200 appeals
before the U.S. Supreme Court, U.S. Courts of Appeal and
multiple state courts.
Bill joined Motley Rice in 2004, after directing corporate, financial,
real estate, trust and estate litigation on behalf of private and
commercial clients for 25 years at Cummings & Lockwood in
Hartford, Connecticut, including 10 years as managing partner.
Prior to his work in private practice, he served as a law clerk
for the Honorable Warren W. Eginton of the U.S. District Court,
District of Connecticut from 1979-1981.
Bill often acts as an arbitrator and mediator both privately and
through the American Arbitration Association. He is a frequent
speaker on legal matters, including class actions.
Named one of 11 lawyers “who made a difference” by The
Connecticut Law Tribune, Bill serves the Hartford professional
community as the past President of the Connecticut Bar
Foundation and past member of the Board of Trustees of the
University of Connecticut Law School Foundation. He was
named in the 2008 The Best of the U.S. list and was selected by
his peers for inclusion in the 2009–2013 editions of Connecticut
Super Lawyers® and New England Super Lawyers®. He was
named the Best Lawyers’® 2013 Hartford Litigation- Banking &
Finance “Lawyer of the Year” and has also been selected by
his peers for inclusion in every edition of The Best Lawyers
in America® since 2005 for his work in litigation- banking and
finance; litigation- mergers and acquisitions; and litigationsecurities. Bill is recognized as an AV® rated attorney by
Martindale-Hubbell®.
He has also been involved with the Greater Hartford Legal
Assistance Foundation and Lawyers for Children America.
He is a member of the American Bar Association and the
National Association of Consumer Advocates. For more
than twenty years, Bill served as a Director and Chairman of
Protein Sciences Corporation, a biopharmaceutical company
in Meriden, Connecticut. In 2008, Bill received the Connecticut
Bar Foundation’s Legal Services Leadership Award.
* For full Super Lawyers selection methodology visit: www.
superlawyers.com/about/selection_process.html
For 2013 data visit: www.superlawyers.com/connecticut/
selection_details.html
Vincent I. Parrett
LICENSED IN: CA, NY, SC
U.S. Supreme Court, U.S. Court of Appeals for the First, Second
and Ninth Circuits, U.S. District Court for the Central, Northern
and Southern Districts of California, Eastern and Southern
Districts of New York and District of South Carolina, U.S. Navy Marine Court of Criminal Appeals, U.S. Courts – Martial
EDUCATION:
LT, JAG Corps, Naval Justice School, 1999
J.D., New York University School of Law, 1998
Goethe Institute, Mannheim, Germany, 1995
B.A., Yale University, 1994
Vince Parrett represents individual and institutional clients in
complex litigation involving terrorist financing, human rights
violations, securities and consumer fraud, aviation disasters
and occupational diseases, as well as in maritime, asbestos,
tobacco and lead paint cases.
As a member of Motley Rice’s Anti-Terrorism and Human Rights
practice group, Vince represents American and Israeli terrorism
victims in international litigation seeking to hold accountable
terrorist financiers who allegedly supported dozens of
terror attacks in Israel during the Second Intifada. Vince
also represents more than 6,500 family members, survivors
and those who lost their lives in the 9/11 terrorist attacks in
groundbreaking litigation against the alleged financial and
material sponsors of al Qaeda.
Working with the firm’s Securities and Consumer Fraud team,
Vince litigates deal cases to protect shareholders’ financial
interests against under-priced and coercive corporate mergers
and acquisitions and represents both individual and institutional
investors seeking redress for financial injuries in securities
fraud class actions. He is also a member of the trial team
representing the People of the State of California and multiple
counties, including the counties of San Francisco, Santa Clara,
Los Angeles, and San Diego, in litigation against national lead
paint manufacturers. This case, which is expected to try in late
2013, seeks to compel those manufacturers to remove lead
paint from homes throughout California, particularly those
occupied by lower-income families in inner-city, community
housing.
Vince is additionally a part of the litigation team fighting ship
owners and manufacturers of asbestos-containing products
on behalf of crew members exposed for decades to asbestos
aboard ships. He is litigating cases against international tobacco
companies, as well, including litigation involving the issue of
federal preemption. Motley Rice has intervened in this litigation
to support the constitutional power of states and localities to
protect the health and safety of citizens by regulating the time,
place and manner of sale of certain tobacco products. Earlier
in 2013, Vince won a liability verdict for the family of a wrongful
death victim in a federal trial in the Middle District of Florida
against a tobacco company.*
Before joining Motley Rice, Vince represented victims of the
9/11 attacks as an associate with a New York firm, where he
handled multidistrict litigation and litigated aviation wrongfuldeath cases involving crashes of commercial and general
aviation aircraft and helicopters internationally.
Upon graduating from NYU Law School, Vince worked for one
year as an associate in the Litigation Department of Hale and
Dorr in Boston, focusing on securities fraud litigation and SEC
investigations. Vince next joined the U.S. Navy Judge Advocate
General’s Corps, where, after graduating with honors from the
Naval Justice School in Newport, R.I., he served as a Naval
Officer trying scores of courts-martial trials before juries at
Naval Station Norfolk, Va. In 2002, LT Parrett was appointed as
Officer-In-Charge of Naval Legal Service Office at Naval Air
Station Oceana, where he led a team of JAG Officers providing
legal counsel to the large Naval Aviation community in Virginia
Beach, Va., until March 2003.
Vince has co-authored several articles and presentations,
including Aviation Lawyers Striking Back at the Terror Network;
and Reflections on the 1999 Montreal Convention Affecting
Victims of International Aviation Disasters in Congested Skies.
He was recognized in the inaugural 2012 edition of Benchmark
Plaintiff, The Definitive Guide to America’s Leading Plaintiff
Firms & Attorneys, which named him as a “Litigation Star” in
its national rankings for civil rights/human rights, as well as
its South Carolina rankings in human rights, personal injury
and securities. Vince was recognized by Benchmark Plaintiff
again in 2013 and 2014 as a “Local Litigation Star” in the South
Carolina rankings for human rights, product liability, securities
and toxic tort.
In 2012, Vince was appointed to the Board of Advisers of the
Academy of American Legal Writers, a division of LawProse,
the “oldest and largest provider of continuing legal education
in writing, advocacy, and transactional drafting in the United
States.” He is also a member of the American Association for
Justice, American Bar Association and Federal Bar Council Inn
of Court.
Mary F. Schiavo
LICENSED IN: DC, FL, MD, MO, SC
U.S. Supreme Court
EDUCATION:
J.D., New York University School of Law, 1980 (Root-Tilden
Scholar)
M.A., The Ohio State University, 1977 (University Fellow)
B.A., cum laude, Harvard University, 1976
Throughout her career in law and public service, Mary
Schiavo has sought accountability and industry change from
corporations, institutions and the government so that they
may meet their obligation to protect the safety and security
of the traveling public. With experience in transportation
litigation, Mary represents victims and their families suffering
from negligence of airline, automotive, commercial trucking,
motorcoach and rail companies.
25
A leader of the firm’s aviation team, Mary has represented
passengers and crew of most major U.S. air crashes, as well
as pilots and passengers on private or charter planes. She
represents passengers, pilots, flight attendants and select
owners and operators. Her experience with major, complex
aviation litigation includes more than 50 cases on behalf of the
family members of the passengers and crew of all the planes
hijacked on Sept. 11, 2001.
The 2012 and 2013 editions of Benchmark Plaintiff, The Definitive
Guide to America’s Leading Plaintiff Firms & Attorneys
recognized Mary as a “Litigation Star” in its national rankings
for mass tort/product liability, as well as its South Carolina
rankings in mass tort and securities. She was also selected by
her peers for inclusion in the 2010–2014 editions of The Best
Lawyers in America® for her work in mass tort litigation/class
actions- plaintiffs.
Mary has held numerous government appointments under
three U.S. Presidents, including that of Inspector General of
the U.S. Department of Transportation from 1990 to 1996. Under
Mary’s direction, the agency investigated air safety, crimes
and disasters; secured more than 1,000 criminal convictions;
and exposed billions of dollars of fraud, waste and abuse of
taxpayer money. She testified before Congress multiple times
on transportation safety, security, budgeting and infrastructure.
In recognition of her work combating the use of bogus aircraft
parts worldwide, Mary was honored by Aviation Week with its
Aviation Laurel Award in 1992 and 1995 and was inducted to the
Aviation Laurel Hall of Fame in 1997.
Mary received her pilot’s license soon after her driver’s license,
and later completed private and commercial flight training
at The Ohio State University. She returned to The Ohio State
University as the McConnell Aviation Chair and professor from
1998-2002 and as the Enarson Professor of Public Policy from
1997-1998. She has also served as a practitioner in residence
at the New York University School of Law. Mary is an affiliate
member of the International Society of Air Safety Investigators,
as well as a member of the American Association for Justice
and the American Bar Association, where she served in the
House of Delegates and as the First Female Assembly Delegate
from 1986-1989.
As an Assistant U.S. Attorney early in her career, Mary litigated
civil cases and prosecuted federal white-collar crimes, bank
and securities fraud, mail and wire fraud, drug trafficking and
counterfeiting. During her appointment, she also served on the
U.S. Department of Justice’s Organized Crime and Racketeering
Strike Force, prosecuting high-profile criminal cases of bank
and securities fraud and related mail and wire fraud, including
a large investigation of a bank and securities fraud scheme that
resulted in the federal takeover of banks, savings and loans
throughout the Midwest.
In 1987, Mary was selected as a White House Fellow and
assigned to the U.S. Attorney General, where she worked as the
Special Assistant for Criminal Affairs. In this role, she reviewed
high security prosecutions, prepared Foreign Intelligence
Surveillance Act Requests, attended foreign legal summits with
the Attorney General and worked on international prisoner and
evidence exchanges. During this time, she also taught trial
technique at the U.S. Attorney General’s Advocacy Institute and
the Federal Bureau of Investigation Academy. Her work earned
her an appointment as the Assistant U.S. Secretary of Labor in
1989, where she led the Office of Labor Management Standards,
supervising union elections and investigations on election and
financial irregularities.
26
A frequent on-air contributor or consultant for several networks,
Mary has appeared on ABC, CNN, CBS, Fox News, NBC, BBC, the
History Channel and Discovery Channel. Named by Glamour
magazine as a 1997 Woman of the Year, 1987 Working Woman of
the Year and a Top Ten College Student in 1975, she has spoken
about aviation safety on 20/20, 60 Minutes, Good Morning
America, Larry King Live, Nancy Grace, Nightline, Oprah, The
O’Reilly Factor, Today, and Your World with Neil Cavuto, among
others. Mary is the author of Flying Blind, Flying Safe, a New
York Times bestseller, featured in Time magazine for exposing
the poor safety and security practices of the airlines and
the failures of the federal government to properly regulate
the aviation industry. She contributed to Aviation Security
Management (Volume One, 2008) and Supply Chain Security
(Volumes One and Two, 2010). Carmen S. Scott
LICENSED IN: SC
EDUCATION:
Carmen Scott helps lead Motley Rice’s mass tort pharmaceutical
litigation by managing complex personal injury and economic
recovery damages cases on behalf of victims of harmful
medical drugs and devices, medical negligence, and corporate
misconduct.
With a focus on women’s products, Carmen has been on
the forefront of national contraceptive litigation involving
products such as Mirena®IUD, Nuvaring®, Yaz® and Yasmin®.
She serves on the Plaintiffs’ Steering Committee in the In re
NuvaRing Products Liability Litigation, as co-lead counsel in
the In re Mirena Product Liability state court consolidation in
New Jersey, and as Co-Chair of the AAJ Mirena® IUD Litigation
Group. Carmen currently represents clients in a variety of drug
product matters, including osteonecrosis and femur fracture
cases related to the osteoporosis drug Fosamax®.
Prior to joining Motley Rice in 2005 and concentrating her efforts
on the medical practice area, Carmen represented numerous
clients in jury trials, working on products liability, personal
injury and business cases for both plaintiffs and defendants.
Carmen is a frequent speaker on medical litigation and topics
involving women’s products, regularly lecturing at both legal
seminars and public advocacy events on such issues as
plaintiffs’ rights in medical negligence and dangerous drug
cases. She has been quoted in numerous national media outlets
and publications, including The Associated Press, NBC News
New York, Marie Claire, MotherJones and The Safety Report.
Carmen was selected by her peers for inclusion in the 2013
South Carolina Super Lawyers® Rising Stars list.
Active in her community, Carmen proudly serves as Vice Chair
on the Board for the Make-A-Wish Foundation of South Carolina,
fundraising and promoting the Foundation’s mission, as well as
serving as a “wish-granter” for families that have been selected
by the organization. She has also served as a board member
for the nonprofit organization Charleston County Friends of the
Library. Carmen is a member of the American Association for
Justice (AAJ), serving on its Exchange Advisory Committee, the
American Bar Association (ABA), the South Carolina Association
for Justice (SCAJ) and the South Carolina Women Lawyers
Association. A South Carolina native, Carmen was honored
with the Charleston Regional Business Journal’s Forty Under 40
award in 2013 in recognition of her professional achievements
and contributions to the community.
Fred Thompson III
LICENSED IN: SC
U.S. Supreme Court, U.S. Court of Appeals for the Fourth
Circuit, U.S. District Court for the District of South Carolina
EDUCATION:
J.D., with distinction, Duke University School of Law, 1979
B.A., cum laude, Yale University, 1973
Fred Thompson leads Motley Rice’s medical practice group,
managing the firm’s litigation related to defective medical
devices, harmful pharmaceutical drugs, and medical
malpractice, as well as overseeing the firm’s nursing home
abuse litigation team. In this role, Fred litigates personal injury
and economic damage recovery cases on behalf of individuals
harmed by negligence, product defects or misconduct.
His work has led to his appointment to numerous leadership
positions, including co-lead coordinating counsel for the
pelvic mesh lawsuits consolidated in the U.S. District Court for
the Southern District of West Virginia and plaintiffs’ co-lead
counsel for both the Mirena® IUD multidistrict litigation in the
U.S. District Court for the Southern District of New York and the
federal Digitek® consolidation. Fred also holds membership
on the Plaintiffs’ Steering Committees for the Medtronic
Sprint Fidelis® defibrillator lead, Avandia® and Trasylol®
federal multidistrict litigations and serves as chairman of the
American Association for Justice’s Digitek® Litigation Group
and co-chairman of the Kugel® Mesh Litigation Group. He coauthored “Composix® Kugel® Mesh: A Primer” for the Spring
2008 AAJ Section on Toxic, Environmental & Pharmaceutical
Torts newsletter.
With more than two decades of diverse experience in personal
injury, commercial and toxic tort law, Fred is also active with
the firm’s consumer fraud, commercial and economic damage
litigation. He has represented clients in litigation involving bond
issues and securities fraud in federal, state and bankruptcy
forums as well as through alternative dispute resolution.
Additionally, Fred has practiced commercial transaction work,
including contracting, corporate, partnership and limited
liability company formation, and capital acquisitions.
Fred is a member of the American Association for Justice and
frequently speaks on medical litigation topics at legal seminars
throughout the country. He serves his local community as
a Board Member for the East Cooper Community Outreach
organization.
ASSOCIATES AND COUNSEL
David P. Abel
LICENSED IN: SC
EDUCATION:
J.D., cum laude, Charleston School of Law, 2009
M.B.A., The Citadel, 2005
B.A., cum laude, Clemson University, 2002
David Abel represents institutional investors and individuals
in complex securities, corporate governance and consumer
litigation. He concentrates his practice on investigating
and developing securities fraud class actions, shareholder
derivative lawsuits and mergers and acquisition litigation.
David has successfully briefed numerous securities class action
lead plaintiff motions including In re Barrick Gold Sec. Litig.,
No. 1:13-cv-03851 (S.D.N.Y.), City of Sterling Heights General
Emps.’ Ret. Sys. v. Hospira, Inc., No. 1:11-cv-08332 (N.D. Ill.), and
Birmingham Ret. and Relief Sys. v. S.A.C. Capital Advisors, LLC,
No. 1:13-cv-02459-VM (S.D.N.Y.).
In evaluating potential matters, David draws on his experience
as a securities litigator. He was an active member of the team
prosecuting the securities fraud class action against Medtronic,
Inc., which resulted in an $85 million settlement for investors.
Further, David was a member of the teams prosecuting some of
the firm’s M&A cases, including suits involving Sprint Corp. and
The Shaw Group, Inc.
David also serves as director of shareholder services and
business analysts, supervising the firm’s securities-focused
Portfolio Monitoring Service and financial analysis for securities
and shareholder actions. The Portfolio Monitoring Service
identifies losses suffered by clients due to securities fraud or
other misconduct and enables them to carefully evaluate their
options.
Prior to his tenure at Motley Rice, David gained professional
experience serving as a consultant for small businesses, vice
president of operations for a mid-size tour company, and
general manager and editor for a political consulting firm.
David is a graduate of the Charleston School of Law and holds
an MBA from The Citadel. As an undergraduate at Clemson
University, he was a member of the men’s varsity cross country
and track & field teams.
* Please remember that every case is different. Any result
we achieve for one client in one matter does not necessarily
indicate similar results can be obtained for other clients.
27
Victoria Antion Nelson
James R. Brauchle
LICENSED IN: SC, WV
South Carolina Supreme Court, West Virginia Supreme Court
of Appeals, U.S. District Court for the Northern and Southern
Districts of West Virginia
EDUCATION: J.D., West Virginia University College of Law, 2003
B.A. summa cum laude, West Virginia University, 2000
LICENSED IN: SC
EDUCATION:
J.D., Rutgers University School of Law, 2001
B.S., Lemoyne College, 1990
Victoria “Vicki” Antion Nelson represents victims of corporate
wrongdoing and negligence in West Virginia and throughout
the United States. She focuses her practice on cases involving
asbestos victims, both managing and preparing consolidated,
multi-party asbestos cases for trial. She also currently supports
the firm’s Catastrophic Injury team, representing people who
were severely injured as a result of carbon monoxide inhalation
in claims against Holiday Inn Express Hotel & Suites, as well as
other corporate entities and insurers.
Vicki fights for the rights of victims suffering from mesothelioma,
lung cancer and other asbestos-related diseases caused
by occupational or household asbestos exposure and has
represented many West Virginia workers and families during
the last seven years. She handles all aspects of litigation, from
initial client meetings to expert preparation, depositions, oral
argument and, ultimately, case resolution.
Vicki began her legal career as an intern with the U.S.
Department of Justice, Federal Bureau of Prisons. She then
served as a graduate assistant with West Virginia University’s
Student Legal Services and the University’s Office of the
General Counsel, where she supported the General Counsel
and staff on matters involving higher education law. From
2003-2005, Vicki served as a clerk for the Honorable Ronald
E. Wilson, Chief Judge in West Virginia’s First Judicial Circuit.
She has primarily concentrated her efforts on litigating exigent
asbestos cases since joining Motley Rice in 2005.
Vicki was selected by her peers in 2012 and 2013 for inclusion in
the West Virginia Super Lawyers® Rising Stars list. She is active
in her community as a board member for the West Virginia
University Hospital Rosenbaum Family House in Morgantown,
W.V., and volunteers for several local Morgantown agencies.
Vicki was elected in 2012 to serve on the West Virginia
Association for Justice Board of Governors. She is a
Morgantown native and is the proud parent of two, Harlyn and
Brooks, with her husband, Matthew Harlin Nelson.
During law school, Vicki received the honor of induction into
the Order of the Barristers and served as the Student Body
President and Chair of the Annual 5k Race to benefit West
Virginia Legal Aid. She is a former member of the West Virginia
State Bar Association Board of Governors and West Virginia
University College of Law’s Development Committee.
Vicki is a member of the American Bar Association, South
Carolina Association for Justice and West Virginia State Bar
Association.
28
Bringing more than a decade of litigation experience to Motley
Rice’s aviation team, Jim Brauchle represents victims of aviation
disasters and their families, as well as victims of passenger
rights violations, in cases against the airline industry. He has
extensive courtroom experience that includes both bench and
jury trials and has handled civil, domestic, and criminal defense
cases from pre-trial practice through trial, post-trial motions
and appeals. A former U.S. Air Force navigator, Jim brings years
of flying experience, leadership skills and knowledge of the
aviation industry to his litigation work. He not only works closely
with clients and co-counsel but also with pilots, engineers
and experts in such areas as wreckage inspection and flight
reconstruction.
Jim had the honor of supporting the firm’s work in Bavis v.
United Airlines Corporation et al., the last aviation security
case to be resolved in the nearly decade-long consolidated
litigation, In re September 11 Litigation, involving 56 of the 96
families who opted out of the Victim Compensation Fund in an
effort to force accountability and generate answers related
to the 9/11 terrorist attacks. He is an integral member of the
aviation team representing the families of the five Italian
tourists who lost their lives when a helicopter tour and small
private plane collided in mid-air over the Hudson River on Aug.
8, 2009. Litigating multiple crash cases involving small private
planes, he also represents the family of a pilot who was one of
six people killed when a Cessna Citation 550 aircraft on a lifesaving transplant mission crashed into Lake Michigan shortly
after takeoff.
An advocate for the rights of the traveling public, Jim took
passenger rights case, Amanda Tuxworth v. Delta Air Lines,
Inc., to trial and, after a hung jury that was nine to one in his
client’s favor, used his negotiation skills to resolve the case
in mediation prior to a re-trial. In another passenger rights
case alleging negligence, breach of contract and negligent
misrepresentation, Sandie Mallard v. Airtran Airways, Inc., he
played a central role in achieving a confidential settlement. The
U.S. District Court for the Southern District of Florida ruled in
favor of his client in Chris Turner v. Ramo, LLC, a case involving
the crash of an international charter flight. This ruling was
upheld by the U.S. Eleventh Circuit Court of Appeals in February
2012. Jim also represented numerous families of those who lost
their lives in the 2009 Continental Airlines/Colgan Air Flight 3407
crash, which took the lives of all 49 passengers and crew, as
well as one person on the ground.
Jim served as a navigator in the United States Air Force from
1991 to 2001. He was one of only five people in the entire Air
Force simultaneously qualified as a C-141 Special Operations
navigator, flight instructor and examiner and was often
selected to fly high visibility missions, both in the United States
and abroad. Additionally, he was hand-selected to brief and
demonstrate special operations capabilities to the Air Mobility
Command’s Director of Operations and represented the 437th
Air Wing at RODEO 1996, the United States Air Force’s airlift
flying competition.
Jim is a member of the South Carolina Association for Justice
and the American Association for Justice, as well as an affiliate
member of the International Society of Air Safety Investigators.
Sara C. Bryant
LICENSED IN: SC
EDUCATION:
J.D., University of North Carolina School of Law, 2013
A.B., Duke University, 2009
A member of the securities and consumer fraud practice
group, Sara Couch Bryant represents institutional investors,
government entities and consumers. Sara also assists in the
litigation of individual tobacco cases.
Prior to joining Motley Rice, Sara served as a law clerk with the
North Carolina Department of Justice, where she researched
and drafted briefs and memoranda regarding the False Claims
Act and Stark Law for the North Carolina Medicaid Civil
Enforcement Division. She also investigated allegations of
healthcare fraud and presented findings to the division.
During law school Sara was a certified student practitioner
with the University of North Carolina Civil Litigation Clinic. As a
student practitioner, Sara represented clients in administrative
hearings, obtaining successful outcomes and needed relief. She
also represented several inmates in an action against the North
Carolina prison system, conducting depositions and assisting
in obtaining a preliminary injunction against the prison.
While attending the University of North Carolina School of
Law, Sara competed in the Kilpatrick Townsend 1L Mock Trial
Competition and was awarded best oral advocate during
the preliminary round. She was a staff member of the First
Amendment Law Review and was a member of the Carolina Law
Ambassadors.
Sara also volunteered with Legal Aid of North Carolina, assisting
advocates for Children’s Services with a school-to-prison
pipeline project by researching education policy issues, North
Carolina case law and education data to be used in education
litigation. Sara completed a total of 50 hours of pro bono service
while a student at UNC School of Law.
An avid rower, Sara was a varsity member of the NCCA
Division-I Duke University’s rowing team and is a classicallytrained pianist.
Meghan Johnson Carter
LICENSED IN: SC
EDUCATION:
B.S., University of North Carolina at Chapel Hill, 2003
Meghan Johnson Carter litigates cases on behalf of victims
of allegedly dangerous pharmaceutical drugs and defective
medical devices. Meghan has been involved in a variety
of cases related to negligence, corporate misconduct and
defective products. In the past Meghan was involved in
pharmaceutical litigation including Accutane®, Advair®/
Serevent®, Avandia®, Paxil® and Zicam®. She was appointed
Negotiating Plaintiffs’ Counsel in the Southern District of West
Virginia by the Honorable Joseph R. Goodwin for purposes
of settlement coordination and administration in In re Digitek
Products Liability Litigation, a federal MDL involving people
who suffered from digoxin toxicity allegedly caused by recalled
Digitek®.
Meghan currently represents clients who have suffered from
osteonecrosis and femur fracture cases allegedly related to the
osteoporosis drug Fosamax®. She also represents women in
national contraceptive litigation involving Mirena®, NuvaRing®,
Yaz® and Yasmin®. Other cases she is involved in include
Pradaxa®, pelvic mesh and Tylenol® litigation.
Meghan has experience in various other product liability
actions. Early in her career, she represented victims and families
affected by tragic events caused by hazardous consumer
products, premise injuries and other incidents of negligence,
including working on In re Graniteville Train Derailment.
Meghan earned a J.D. from the University of South Carolina
School of Law, where she was a research editor for the South
Carolina Law Review, the chief justice of the University of South
Carolina Moot Court Bar, and a member of the John Belton
O’Neill Inns of Court. She was also appointed to the Order of
the Wig and Robe and the Order of the Barristers. She received
the Sherod H. Eadon Scholarship Award which is awarded to a
student who exhibits outstanding ability in trial advocacy.
Meghan is a member of the American Association for Justice, the
American Bar Association, Charleston County Bar Association,
South Carolina Association for Justice and the South Carolina
Bar Association.
Benjamin D. Cunningham
LICENSED IN: GA, SC
Supreme Court of Georgia, Georgia Court of Appeals, U.S.
District Court for the Middle and Northern Districts of Georgia
EDUCATION:
J.D., Mercer University, Walter F. George School of Law, 2004
B.F.A., University of Georgia, 1997
Ben Cunningham handles complex litigation on behalf of
individuals and families suffering from mesothelioma and
other asbestos-related diseases. Working with Motley Rice’s
Occupational Disease and Toxic Tort practice group, Ben
29
is responsible for extensive legal research and discovery,
including authoring briefs, motions and responses, and taking
and defending expert and fact witness depositions.
works on behalf of lead poisoning victims, representing
children harmed by lead paint and their families against
property owners.
Ben began his legal career in Georgia, working on a variety
of cases including banking, real estate and criminal matters
after completing several clerkships, including one with Judge
Hugh Lawson of the U.S. District Court for the Middle District
of Georgia. A graduate of Mercer University law school, Ben
received numerous CALI awards and authored “A Deep Breath
Before the Plunge: Undoing Miranda’s Failure Before It’s Too
Late,” 55 MERCER LAW REV. 1375 (2004). He is a member of the
American Association for Justice, American Bar Association,
Georgia Trial Lawyers Association and South Carolina
Leah initially joined Motley Rice as a law clerk in 2006, providing
litigation support to the firm’s Anti-Terrorism and Human Rights
practice group. She drafted motions and completed legal
research for aviation liability cases on behalf of victims of the
September 11, 2001, attacks. Prior to attending law school, Leah
worked as an airline emergency response manager, where she
observed the loved ones of aircraft accident victims in their
search for both answers and accountability.
Rebecca M. Deupree
LICENSED IN: AL, FL, SC
EDUCATION:
B.A., summa cum laude, Washington and Lee University, 2005
Rebecca Deupree is a member of Motley Rice’s Securities
and Consumer Fraud practice group, litigating securities and
consumer fraud cases on behalf of institutional investors,
government entities and consumers. Rebecca also works
closely with the Environmental team, helping people and
businesses in Gulf Coast communities file claims through
the new claims programs established by the two settlements
reached with BP.
Prior to joining Motley Rice, Rebecca served as a law clerk to
the Honorable William H. Pryor Jr. of the Eleventh Circuit Court
of Appeals, for whom she focused on appellate advocacy and
conducted legal writing and research.
Rebecca earned a J.D. from the University of Virginia School
of Law, where she served as Managing Editor of the Virginia
Law Review and was named a member of the Order of the Coif.
Before earning a law degree, she graduated Phi Beta Kappa
from Washington and Lee University where she was a George
Washington Honors Scholar and was honored with several
awards during her studies in recognition of scholarship within
the field of English language and literature.
Leah J. Donaldson
LICENSED IN: MA, NY, RI
EDUCATION:
J. D. cum laude, Roger Williams University School of Law, 2007
B.A., University of West Georgia, 1998
Leah Donaldson represents individuals harmed by allegedly
defective medical devices, including the Composix® Kugel®
Mesh hernia patches in cases filed in Rhode Island state court
and hundreds of federal cases transferred to Rhode Island
District Court’s first multidistrict litigation. She additionally
30
As a law student, Leah was on the editorial staff of The Roger
Williams University Law Review. She was a member of the
Alternative Dispute Resolution Society, earned a certificate in
mediation, and was selected to represent her law school in
various mock trial and mediation competitions. She also worked
as a student attorney for the RWU Community Justice and Legal
Assistance clinic, as well as completed a judicial externship for
the Honorable Bruce M. Selya of the U.S. Court of Appeals for
the First Circuit.
Leah is recognized as an AV® rated attorney by MartindaleHubbell® and was selected by LexisNexis Martindale-Hubbell®
and ALM Media for inclusion in the 2012 “New England’s Women
Leaders in the Law” list based on this rating. She was selected
by her peers for inclusion in the 2013 edition of Rhode Island
Super Lawyers®, and the 2012 Rhode Island Super Lawyers®
Rising Stars list. Additionally, Leah is a contributor to A Practical
Guide to Discovery & Depositions in Rhode Island (First Edition,
September 2010), a two-volume law manual published by
Massachusetts Continuing Legal Education that addresses
significant cases in Rhode Island judicial history.
Leah is a member of the Board of Governors for both the Rhode
Island Association for Justice and the American Association for
Justice, and is a Past President of the Rhode Island Women’s
Bar Association. She is also a member of the American Bar
Association, the American Civil Liberties Union and American
Mensa.
John C. Duane
LICENSED IN: SC
U.S. Court of Appeals for the Fourth Circuit, U.S. District Court
for the District of South Carolina
EDUCATION:
Former federal prosecutor John Duane applies his experience
prosecuting criminal matters to his work representing clients
with Motley Rice’s medical and catastrophic injury teams. John
works with both local and national networks of co-counsel
lawyers to represent clients harmed by defective medical
devices and implants, as well as dangerous pharmaceutical
products. Also, as part of Motley Rice’s catastrophic injury
team, John represents injured clients related to motor coach,
bus and other vehicle incidents.
As an Assistant U.S. Attorney for the District of South Carolina,
John prosecuted cases in a variety of areas, including financial
crimes, wire and mail fraud, corporate fraud, and violent
crimes. In this role, he also served as the lead trial attorney
on several jury trials and trained new prosecutors in caseload
management, procedures and trial technique. In 2004, John
received the Assistant U.S. Attorney of the Year award for the
Charleston Division.
to treat illegal immigrants for ethical reasons. Ann received both
the Life Scholarship and Hope Scholarship as an undergraduate
student at the University of South Carolina.
Prior to his role with the U.S. Attorney’s Office, John served as
a law clerk to Senior United States District Judge C. Weston
Houck, assisting with all phases of both civil and criminal trials,
including pre- and post-trial motions, evidentiary rulings and
research in class actions, transportation and design defect
cases, shareholder derivative actions, and whistleblower
actions.
Ann is a former member of the Student Chapter of the South
Carolina Trial Lawyers Association and Palmetto Law Society
and has volunteered for organizations that include the Palmetto
Health Richland Memorial Hospital, Relay-for-Life, Meals on
Wheels, The Angel Tree and Project Clean Carolina. She also
actively supports the Dee Norton Lowcountry Children’s Center.
An equestrian since 1988 and national level competitor in the
hunters/jumpers division since 1994, she has been ranked in the
national top 50 of her division for the past 15 years. Ann is a
member of the American Bar Association, American Association
for Justice, South Carolina Association for Justice, Charleston
County Bar Association and state bar of South Carolina.
Ann E. Rice Ervin
John M. Eubanks
LICENSED IN: SC
EDUCATION: M.A., New York University, 2012
LICENSED IN: MD, SC
U.S. Court of Appeals for the Fourth, Fifth and Eleventh Circuits
EDUCATION:
J.D., Georgetown University Law Center, 2003
B.S., Georgetown University, 1996
Ann E. Rice Ervin focuses her practice on representing victims
injured by harmful pharmaceutical drugs and defective medical
devices, working to hold accountable those responsible for
corporate wrongdoing and inadequate product warning,
research and testing.
Ann joined Motley Rice as an associate after first serving for
two years as a law clerk for a New York plaintiffs’ law firm
while simultaneously earning a Master of Arts degree in
Bioethics from New York University. As a law clerk, she gained
experience conducting legal research and analysis for complex
environmental litigation involving landfills, toxic spills, vapor
intrusion and water contamination. The combination of her
legal skill and knowledge of the bioethics field, specifically as it
relates to the world of medicine, makes her an asset to Motley
Rice’s efforts on behalf of its medical clients.
While earning her bioethics degree, Ann interned with
the Medical University of South Carolina’s (MUSC) Ethics
Committee and Ethics Consultation Service, which she joined
earlier this year as a Community Representative to help
facilitate discussions among patients, families and hospital
staff in an effort to resolve ethical conflicts. She also began
working as a research assistant on an experimental philosophy
study determining the role of bioethics in a clinicians moral
reasoning, specifically examining clinicians at three Charleston
hospitals. This project was ultimately chosen to be part of Yale
University’s Experiment Month contest. Ann continues to hold
each of these positions as a complement to her work in the
legal field.
During law school, Ann worked as an intern for Washington
Governor, Christine O. Gregoire. She also served as a summer
special project research assistant with Duke University School
of Law and focused her research on exploring whether the law
imposes barriers or obligations to medical providers who wish
With more than 10 years researching, investigating terrorism
foundations and financing in the Middle East region, John
Eubanks is an integral part of Motley Rice’s Anti-Terrorism and
Human Rights practice group. He represents victims, survivors
and family members of terrorism and human rights violations
in litigation against international and domestic defendants,
including the September 11, 2001, attacks as part of the 9/11
Families United to Bankrupt Terrorism multidistrict litigation
designed to end terrorist financing.
John’s legal efforts include pursuing litigation against Libya
allegedly providing material resources to the Provisional Irish
Republican Army, resulting in the death and injury of citizens
of the United States and United Kingdom. John has completed
extensive litigation work on the Arab Bank lawsuit on behalf of
victims of terrorist attacks in Israel as well as in Mother Doe
I, et al. v. Maktoum on behalf of young boys kidnapped for
enslavement as camel jockeys in the United Arab Emirates.
A former independent terrorism consultant for the Washington,
D.C.-based think tank, The Investigative Project, John served
as a liaison and researcher working with the FBI, INS, and
U.S. Customs on terrorism financing investigations related
to Hamas, the Palestinian Islamic Jihad organization. Prior to
joining Motley Rice in 2004, John served as counsel in civil
litigation against various groups in the U.S. for supplying
Hamas with material support and financial resources in the
groundbreaking Boim v. Quranic Literacy Institute.
John is a published author on counterterrorism and security
and was a central contributor to the non-fiction work American
Jihad: The Terrorists Live Among Us (Free Press 2002), which
details the activities of organizations and individuals within the
U.S. who provide material support and/or resources to Middle
Eastern and Islamic terrorist organizations abroad. He is a
member of the American Association for Justice.
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Brian Frutig
LICENSED IN: NY, SC
EDUCATION:
J.D., William & Mary School of Law, 2008
M.A., King’s College London, University of London, 2005
B.A., Georgetown University, 2000
Brian Frutig represents victims of international terrorism and
human rights violations as part of Motley Rice’s Anti-Terrorism
and Human Rights practice group. He assists with the firm’s
groundbreaking litigation against the financiers of al Qaeda on
behalf of 6,500 family members and survivors of the September
11, 2001, attacks. Brian also litigates cases involving the AntiTerrorism Act, the Alien Tort Claims Act, the Foreign Sovereign
Immunities Act and international humanitarian law in U.S. courts.
As a law student, Brian gained international law experience as a
legal assistant at the Association of Defense Counsel practicing
at the International Criminal Tribunal for the Former Yugoslavia.
In this role, he conducted legal research on international
law, compiled witness summaries, and prepared exhibits on
sensitive materials, including military and tactical information of
the Yugoslav/Serbian military, the Kosovo Liberation Army and
the North Atlantic Treaty Organization (NATO). Brian combines
his legal experience with his graduate degree in international
conflict analysis, where he studied international criminal law and
the impact of international criminal tribunals on post-conflict
redevelopment, particularly in Sierra Leone.
Brian uses his extensive background in global sales and
marketing research and consulting to support the Motley Rice
Securities and Consumer Fraud practice group. During his time at
MarketBridge Corporation, an international sales and marketing
professional services firm, Brian conducted research in finance,
hi-tech and telecommunications industries and developed
corporate planning and strategy programs for Fortune 500 clients
while working out of the company’s Bethesda, Maryland, and
London, England, offices. His work included developing complex
strategic change programs, market evaluations, budgeting
processes and marketing strategies.
Jeanette M. Gilbert
LICENSED IN: NY, SC
U.S. District Court for the Eastern and Southern Districts of
New York
EDUCATION:
J.D., Pace University School of Law, 1984
B.A., Hofstra University, 1979
Jan Gilbert has spent her legal career assisting those who
cannot speak for themselves due to age or illness. Since
joining Motley Rice in 2006, she continues that advocacy
through asbestos bankruptcy litigation and management of
claims processing. Jan is one of the attorneys responsible for
analyzing complex bankruptcy documents and advising clients
and co-counsel lawyers on the claims facilities and asbestos
personal injury trusts established by the bankruptcy courts for
the benefit of asbestos victims.
32
Prior to her work at Motley Rice, Jan directed the estate
department at a New-York based law firm, where she was
responsible for the finance management and administration of
multi-million dollar estates and trusts. She provided investment
and tax analysis to ensure compliance with federal regulations
and reviewed documentation for proper bank and accounting
statements. Jan currently utilizes this background to provide
legal research for complex securities fraud and shareholder
derivative cases with the Motley Rice securities litigation team.
Jan served on the Ethics Committee of the South Carolina Bar
from 2010–2013 and has also served a two-year term as the
Continuing Legal Education Seminar Committee Chair for the
South Carolina Bar. She has also served on several educational
and ethics committees with the Nassau County Bar Association
of New York, serving as a dean and board member developing
programming when Mandatory Continuing Legal Education
was instituted in New York. Jan taught courses on legal ethics,
legal research and real estate as an adjunct professor at Long
Island University. She sat on the executive council of the
New York State Conference of Bar Leaders and served as a
delegate to New York State Chief Judge Judith Kaye’s Institute
of Professionalism in the Law.
Max N. Gruetzmacher
LICENSED IN: SC
EDUCATION:
J.D., Marquette University Law School, 2008
B.A., University of Wisconsin-Madison, 2004
Max Gruetzmacher focuses his practice on securities and
consumer fraud, representing large public pension funds,
unions and other institutional investors in securities and
consumer fraud class actions and shareholder derivative suits.
Max has represented clients in a variety of complex litigation
cases, including the following: City Of Sterling Heights
Retirement System v. Hospira, Inc.; In re Coventry Health
Care, Inc. Shareholders Litigation; In re Force Protection,
Inc. Litigation; Minneapolis Firefighter’s Relief Association v.
Medtronic, Inc.; In re NYSE EURONEXT Shareholder Litigation;
In re Par Pharmaceutical Companies, Inc. Shareholders
Litigation; In re Synovus Financial Corp.; In re The Shaw Group
Shareholders Litigation; and In re Winn-Dixie Stores, Inc.
Shareholders Litigation.
Prior to joining Motley Rice, Max gained experience working on
a variety of complex discovery matters as a project attorney.
He served as a legal intern during law school for the Wisconsin
State Public Defender, Appellate Division, where he aided
assistant public defenders in appellate criminal defense and
handled legal research and appellate brief writing projects.
Max was also a member of the Pro Bono Society and conducted
research for the Legal Aid Society of Milwaukee.
He is a member of the South Carolina Bar Association and the
Charleston County Bar Association.
John (Rett) E. Guerry III
Robert T. Haefele
LICENSED IN: SC
EDUCATION:
LICENSED IN: DC, NJ, NY, PA, SC
U.S. Court of Appeals for the Second, Third, Fourth and
Eleventh Circuits, U.S. District Court for the District of New
Jersey
EDUCATION:
J.D., Rutgers University School of Law - Camden, 1989
B.A., Rutgers College, 1986
Charleston native Rett Guerry represents railroad and other
industrial workers in personal injury, products liability and
Federal Employers Liability Act (FELA) litigation. He currently
manages the firm’s FELA cases, representing workers in
occupational injury lawsuits, including cases of exposure to
asbestos, silica and chemical solvents. He is on the forefront of
second injury FELA litigation, addressing the development of a
second injury or disease in former FELA plaintiffs.
Rett litigates asbestos occupational exposure cases on behalf
of individuals suffering from mesothelioma and other asbestosrelated diseases. As Plaintiffs’ Liaison Counsel for the Fulton
County State Court Asbestos Consolidation in Georgia, Rett
remains involved with the Fulton County asbestos docket,
filing new cases, and working through the consolidation
to trial. With more than 12 years of experience in asbestos
litigation, his role as a trial lawyer and negotiator emphasizes
the product identification aspect of occupational disease law
and demonstrates an in-depth knowledge of the medical and
scientific aspects of occupational disease.
Familiar with the life of an industrial worker, Rett served as a
United States Coast Guard licensed tugboat captain prior to
his law career, earning a commendation from the Department
of the Navy for Meritorious Service to the Charleston Naval
Shipyard during Hurricane Hugo. He is a published writer on
maritime law and the author of Maritime Wrongful Death: A
Primer, a piece published in The University of South Carolina
School of Law’s South Carolina Journal of International Law and
Business that explores the potential legal options available to
those injured in a maritime setting with specific reference to the
High Seas Act, Jones Act, Longshoreman and Harbor Workers’
Compensation Act and General Maritime Law.
Recognized as an AV® rated attorney in Martindale-Hubbell®,
Rett is active in the local Charleston community as a member of
the Hibernian Society and St. Paul’s Lutheran Church. He served
as a member of the Board of Directors for the Cougar Club at
the College of Charleston from 2000 to 2006. Additionally, Rett
is a member of the American Association for Justice, American
Bar Association, Charleston County Bar Association and South
Carolina Association for Justice.
Robert Haefele has spent more than twenty years practicing in
complex civil litigation, including asbestos, tobacco and other
mass tort and product liability litigation. His area of primary
emphasis involves working with Motley Rice’s anti-terrorism
and human rights practice group, analyzing and litigating
complex, domestic and international matters to meet clients’
goals of justice and accountability while simultaneously
achieving positive social change.
Robert’s current focus is on aiding the more than 6,500 family
members and survivors of the 9/11 terrorist attacks Motley
Rice represents. He is an active member of the Personal Injury
and Wrongful Death Plaintiffs’ Steering Committee in In re
Terrorist Attacks on September 11, 2001, U.S.D.C., S.D.N.Y., MDL
1570, lawsuits filed by Motley Rice’s clients and others seeking
to expose and bankrupt the alleged financiers and other
supporters of al Qaeda terrorist activity.
Robert also plays a central role in In re September 11th Litigation,
Case No. 21-MC-97-AKH (S.D.N.Y.), litigation that has involved
more than 50 personal injury and wrongful death clients against
the aviation and aviation security industries for their alleged
failure to detect and prevent the 9/11 terrorist attacks. For both
the 9/11 multidistrict terrorist financing litigation and 9/11 mass
consolidations of the aviation security liability cases, Robert
has appeared before the court for multiple hearings and oral
arguments, directed and engaged in complex formal discovery,
and managed informal investigative efforts involving, among
other things, aviation security, designation of foreign terrorist
individuals and entities, and elaborate webs of financial
transactions.
In addition to traditional litigation efforts, Robert has provided
substantial pro bono and other support to the survivors and
families of those killed in the 9/11 attacks. From 2001-2004, he
provided pro bono representation for more than 30 individuals,
preparing and presenting their claims to the September 11th
Victim Compensation Fund. Working with Motley Rice clients,
legislators and leading experts in various industries, Robert also
works to encourage legislative changes to help meet clients’
goals of justice, accountability and positive social change. He
has represented victims of other terrorist attacks and human
rights violations in litigation including Oran Almog v. Arab Bank,
a landmark lawsuit filed by victims of terrorist bombings in Israel
against Arab Bank for its alleged role in financing Hamas and
other Israeli terrorist organizations and Krishanti v. Rajaratnum
et al., 09-cv-5395 (D. N.J.), litigation against alleged financiers of
the Tamil Tigers terrorist organization in Sri Lanka.
33
Representing Motley Rice clients in an array of other complex
litigation matters, Robert worked on World Holdings LLC, v. The
Federal Republic of Germany, a suit filed to collect unpaid preWWII German bonds. He has collaborated with members of the
firm’s Securities and Consumer Fraud practice group, litigating
such cases as In re MBNA Corp. Sec. Litig., No. 05-272 (D. Del.),
and with the Motley Rice Environmental team to litigate cases
brought by individuals and businesses suffering as a result
of the BP oil spill in In re Oil Spill by the Oil Rig “Deepwater
Horizon” in the Gulf of Mexico, on April 20, 2010.
Prior to joining Motley Rice in 2003, Robert developed a strong
co-counsel relationship with Motley Rice attorneys through
complex litigation involving corporate wrongdoing, including
the State of New Jersey’s tobacco lawsuit and other tobacco,
asbestos and occupational disease and injury cases. Practicing
product liability, toxic and mass tort, and occupational injury
law, he represented individuals and union members injured
by defective products or toxic substances and authored “The
Hidden Truth About Asbestos Disease” in the New Jersey Law
Journal (December 2002). He clerked with Judge Neil F. Deighan
of the Appellate Division of the Superior Court of New Jersey
in 1990.
Robert is a member of the American Association for Justice,
American Bar Association, New Jersey Association for Justice
and Public Justice. He is a past chairman of the Product Liability
and Toxic Tort Section of the New Jersey State Bar Association.
Kristen M. Hermiz
LICENSED IN: MA, RI, SC
EDUCATION:
J.D., magna cum laude, Roger Williams University School of
Law, 2010
B.A., magna cum laude, University of Connecticut, 2007
A team member of Motley Rice’s Occupational Disease and
Toxic Tort practice group, Kristen Hermiz represents individuals
and families suffering from mesothelioma and other asbestosrelated diseases caused by occupational, environmental and
household asbestos exposure. On behalf of asbestos victims,
she handles complex litigation against manufacturers, property
owners and contractors who sold or installed defective or
hazardous asbestos-containing products.
Prior to joining Motley Rice, Kristen gained courtroom
experience as an associate for a Rhode Island-based firm,
arguing motions in various civil actions on behalf of the city
of Providence and handling housing, zoning, employment and
civil rights litigation. She gained additional experience as a law
clerk at Brown University, where she prepared memoranda for
counsel regarding legal and administrative issues affecting the
University.
A Roger Williams Scholarship recipient and CALI Award
winner, Kristen served as a member of the The Roger Williams
University Law Review and was a legal intern for the Honorable
Daniel A. Procaccini of the Rhode Island Superior Court. Also
34
a judicial extern for the Honorable Jacob Hagopian of the U.S.
District Court for the District of Rhode Island, Kristen drafted
judicial reports and made recommendations for pro se prisoner
petitions. She additionally served as a research assistant to law
professor Edward Eberle before serving in the same capacity to
retired Rhode Island Superior Court Justice Stephen Fortunato,
conducting statutory and case law research for a constitutional
law manuscript involving race, poverty, gender discrimination
and civil rights reform efforts.
Licensed to practice in 2010, in both Massachusetts and Rhode
Island, Kristen is currently an active member of the Rhode
Island Bar Association.
T. David Hoyle
LICENSED IN: FL, GA, SC
Georgia Supreme Court; U.S. Court of Appeals for the Fourth
and Eleventh Circuits; Georgia Court of Appeals; U.S. District
Court for the Middle, Northern and Southern Districts of
Florida, Northern District of Georgia and District of South
Carolina
EDUCATION:
2005
B.A., Wofford College, 2002
David Hoyle represents victims of corporate wrongdoing and
negligence across a broad array of practice areas ranging
from asbestos exposure and catastrophic incidents to
environmental contamination. He focuses on complex personal
injury cases involving catastrophic burns, brain injury, loss of
limb, and paralysis, as well as wrongful death cases resulting
from negligence, industrial accidents and defective products.
He currently represents people severely burned by the ethanolbased fuel gel used in decorative firepots, litigating numerous
claims against manufacturers Napa Home and Garden, Inc.,
and Fuel Barons, Inc., and their insurers.
An integral member of the occupational disease and toxic
tort team, David fights for the rights of victims suffering from
mesothelioma and other asbestos-related diseases as a
result of occupational or household asbestos exposure and
represents Canadian Workers’ Compensation Boards in U.S.
courts to recover benefits they paid Canadian asbestos victims.
His diverse practice includes representing victims of sexual
assault and working with the environmental team to represent
people and businesses in Gulf Coast communities that suffered
economic loss, property damage and physical injuries due to
the Deepwater Horizon oil spill.
David has handled all aspects of litigation, from initial client
meetings to case resolution, including several trials and
appellate oral arguments. He has also litigated liquor liability,
tractor trailer and insurance bad faith cases.
David was selected by his peers for inclusion in the 2012 and
2013 South Carolina Super Lawyers® Rising Stars lists, and
The National Trial Lawyers named him in 2012 as one of its Top
100 Trial Lawyers™ in South Carolina. An AV® rated attorney
in Martindale-Hubbell®, David has presented at seminars on
a diverse range of topics, such as NFL concussion litigation,
the effect of res judicata in cross-border class actions, the
economic loss rule in environmental cases, ethical issues
involving social media and asbestos disease awareness. He is
the author of “Seal of Disapproval: International Implications of
South Carolina’s Notary Statute,” 3 S.C.J.Int’l. L. & Bus. 1 (2006).
During law school, David worked with Distinguished Professor
of Law David G. Owen as a research assistant and student editor
in the area of products liability. He was a member of the Pro
Bono Board, Order of the Wig and Robe and South Carolina Law
Review. David received the Algernon Sydney Sullivan Award as
an undergraduate.
David provides pro bono legal services to the Magdalene
House of Charleston and volunteered for five years with the
Lowcountry AIDS Legal Clinic. He is currently a member of the
Ecclesiastical Court of The Episcopal Church in South Carolina,
and helps plan and coordinate The Episcopal Church’s HIV/
AIDS retreat each June at Kanuga in Hendersonville, N.C. In
2007, David helped lead the efforts of young alumni to establish
the Elizabeth B. and Larry T. McGehee Endowed Scholarship
Fund at Wofford College in honor of a former professor and
his wife. The annual earnings are awarded for the purchase of
textbooks and other course-related materials.
David is a member of the American Association for Justice,
American Bar Association, South Carolina Association for
Justice, Florida Justice Association and Public Justice.
Badge Humphries
LICENSED IN: KY, SC, TX, WV
for the District of South Carolina, Eastern District of Michigan,
Northern District of Illinois, Eastern District of Texas and
Southern District of Texas
EDUCATION:
J.D., with honors, The University of Texas School of Law, 2001
B.A., summa cum laude, Tulane University, 1996
Badge Humphries represents institutional investors and
individuals in complex securities fraud and shareholder litigation.
He has achieved corporate governance enhancements for
Motley Rice’s clients in shareholder derivative cases and has
litigated direct class actions in the Delaware Court of Chancery
and other state courts. His shareholder litigation experience
includes cases involving Massey Energy, The South Financial
Group, Bankrate and Lear, among others. Securities fraud
cases in which he has played a significant litigation role include
actions against State Street, Synovus, Hecla Mining, UBS,
Charles Schwab & Co., Vivendi and Washington Mutual. Badge
has experience in many aspects of shareholder and securities
fraud litigation, from initial case evaluation and complaint
drafting to directing settlement negotiations of corporate
governance reforms.
Badge has litigated other types of complex litigation as well.
He has conducted discovery and motion practice before courts
across the country and has participated in several multi-week
trials representing victims of asbestos exposure, including
a mass consolidation of more than 1,200 plaintiffs lasting
eight weeks in Virginia state court and a three week trial in
the U.S. District Court for the District of Maryland, Baltimore
Division. He represented the Commonwealth of Kentucky’s
Division of Workers’ Compensation Funds in claims against
the manufacturers of allegedly defective dust masks and is
involved with the firm’s litigation efforts on behalf of people
and businesses in Gulf Coast communities suffering as a result
of the BP oil spill.
Badge was selected by his peers for inclusion in both the 2012
and 2013 South Carolina Super Lawyers® Rising Stars lists. A
frequent guest lecturer, he recently presented for the South
Carolina Association for Justice, Texas Association of Public
Employee Retirement Systems (TEXPERS), Opal Financial
Group’s Investment Education Symposium in Conjunction
with the Louisiana Trustee Education Council (LATEC) and the
National Association of State Treasurers. Badge is also an active
participant in the National Conference on Public Employee
Retirement Systems (NCPERS) and the Council for Institutional
Investors (CII). He is a member of the American Association
for Justice and the James L. Petigru American Inn of Court and
currently serves as the elected Consumer and Securities Law
Section Chair of the South Carolina Association for Justice.
He previously served as the Director of Land Protection for
the South Atlantic region of Ducks Unlimited, an international
conservation organization. A member of Phi Beta Kappa, Badge
worked for a nonprofit human rights organization before
attending The University of Texas School of Law, where he was
a member of the Texas Law Review and an honors graduate.
He served as a judicial intern to the Honorable Lee Yeakel of
the Texas Third Court of Appeals and later clerked with the
Honorable Thad Heartfield of U.S. District Court, Eastern District
of Texas.
John D. Hurst
LICENSED IN: NC, SC, WV
U.S. District Court for the Eastern, Middle and Western
Districts of North Carolina, District of South Carolina and
Southern District of West Virginia
EDUCATION:
J.D., University of North Carolina, School of Law, 2006
B.A. highest distinction, University of North Carolina, Chapel
Hill, 2002
John Hurst concentrates on occupational disease litigation,
representing individual workers and family members injured
by occupational, environmental or household exposure to
asbestos. He handles written discovery, motions practice,
depositions and establishing liability and plays a key role on
the Motley Rice West Virginia trial team.
35
As a law student, John worked with the North Carolina Banking
Institute, publishing the first academic analysis of credit
counseling agencies, Protecting Consumers from Consumer
Credit Counseling, 9 N.C. Banking Inst. 159 (2005). He also
served as an articles and notes editor, reviewing consumer
issues and the legal implications of the Bankruptcy Abuse
Prevention and Consumer Protection Act of 2005.
John clerked with the North Carolina Attorney General’s
Consumer Protection Division, where he gained experience
investigating corporate wrongdoing and drafting appellate
briefs. He later served as a research assistant, completing
legal research for Professor Walker Blakey’s books Broun and
Blakey’s Black Letter Outline on Evidence, 4th Edition (2005,
West) and North Carolina Evidence: 2005 Courtroom Manual,
5th Edition (2005, Anderson Press). John was a member of Phi
Beta Kappa.
John is a member of the American Association for Justice,
American Bar Association, Charleston County Bar Association
and the South Carolina Association for Justice.
John A. Ioannou
LICENSED IN: NY
U.S. Supreme Court
U.S. District Court for the Eastern and Southern Districts of
New York
EDUCATION:
J.D., St. John’s University School of Law, 1994
B.S. magna cum laude, St. John’s University, 1991
With 18 years of antitrust law experience, John Ioannou has
sought monetary and equitable recoveries on behalf of
consumers and businesses injured by allegedly illegal, anticompetitive conduct in complex antitrust matters.
John litigates antitrust matters in both federal and state
court involving horizontal and vertical restraints of trade and
monopolization claims in a broad range of industries. Prior to
joining Motley Rice, he practiced at a large New York-based
firm, where he actively litigated a variety of complex cases,
including In re American Express Anti-Steering Rules Antitrust
Litigation; Garber, et al. v. Office of the Commissioner of
Baseball, et al.; and Laumann, et al. v. National Hockey League,
et al.
John began his career as an Assistant Attorney General
(AAG) in the Antitrust Bureau of the New York State Attorney
General’s Office, conducting confidential government
antitrust investigations and litigating cases involving alleged
anticompetitive acts in violation of federal and/or state antitrust
laws on behalf of consumers, businesses and the State of New
York in its proprietary capacity. As an AAG, he often worked
in conjunction with other state attorneys general offices and
federal agencies such as the U.S. Department of Justice and
Federal Trade Commission. He also held leadership positions
in multistate investigations and litigations.
36
John has managed litigation compliance and counseled major
New York state agencies, as well as New York State political
subdivisions, quasi-governmental entities and other public
entities. He has also reviewed the competitive impact of
transactions (mergers and acquisitions) in numerous industries,
including airlines (United-US Airways), health insurance (GHIHIP), minerals (road deicing salt), energy (Exxon-Mobil),
supermarkets (A&P-Pathmark), publishing (Thomson-West
Publishing) and enterprise software (Oracle-PeopleSoft).
John is fluent in Greek and is a member of the American Bar
Association and New York State Bar Association.
Mathew P. Jasinski
LICENSED IN: CT, NY
U.S. Supreme Court, U.S. Court of Appeals for the Second
Circuit, U.S. District Court for the District of Connecticut and
Southern District of New York
EDUCATION:
J.D. with high honors, University of Connecticut School of Law,
2006
B.A. summa cum laude, University of Connecticut, 2003
An associate in Motley Rice’s Securities and Consumer Fraud
practice group, Mathew Jasinski represents consumers,
businesses, and governmental entities in class action and
complex cases involving consumer protection, unfair trade
practices, commercial, environmental and securities litigation.
Mathew currently represents the plaintiffs in several putative
and certified class actions involving such claims as breach
of contract and unfair trade practices. He has experience in
complex commercial cases regarding claims of fraud and
breach of fiduciary duty and has represented an institutional
investor in its efforts to satisfy a judgment obtained against
the operator of a Ponzi scheme. Mathew recently obtained a
seven-figure arbitration award in a case involving secondary
liability for an investment advisor’s conduct under the Uniform
Securities Act. Please remember that every case is different.
Any result we achieve for one client in one matter does not
necessarily indicate similar results can be obtained for other
clients.
Mathew additionally serves the firm’s appellate group. He has
worked on numerous appeals before several state and federal
appellate courts throughout the country.
Mathew is the co-author of “On the Causes and Consequences
of and Remedies for Interstate Malapportionment of the U.S.
House of Representatives” (Jasinski and Ladewig, Perspectives
on Politics, Vol. 6, Issue 1, March 2008) and “Hybrid Class
Actions: Bridging the Gap Between the Process Due and the
Process that Functions” (Jasinski and Narwold), The Brief, Fall
2009.
Prior to joining Motley Rice in 2009, Mathew practiced complex
commercial and business litigation at a large defense firm.
He began his legal career as a law clerk for Justice David M.
Borden (ret.) of the Connecticut Supreme Court. During law
school, Mathew served as executive editor of the Connecticut
Law Review and judging director of the Connecticut Moot Court
Board. He placed first in various moot court and mock court
competitions, including the Boston region mock trial competition
of the American Association for Justice. As an undergraduate,
Mathew served on the board of associate directors for the
University of Connecticut’s honors program and was recognized
with the Donald L. McCullough Award for his student leadership.
Mathew was selected for inclusion in the 2013 Connecticut Super
Lawyers® Rising Stars list*, and was honored with the Hartford
Business Journal’s “40 Under Forty” award in 2009.
Mathew continues to demonstrate civic leadership in the local
Hartford community. He is a member of the board of directors
for the Hartford Symphony Orchestra and is a commissioner
of the Hartford Parking Authority. Previously, Mathew served
on the city’s Charter Revision Commission and its Young
Professionals Task Force, an organization focused on engaging
young professionals and positioning them for future business
and community leadership. He is a member of the American
Association for Justice, American Bar Association, Connecticut
Bar Association, the Oliver Ellsworth Inn of Court and Phi Beta
Kappa.
superlawyers.com/about/selection_process.html
For 2013 CT data visit: www.superlawyers.com/connecticut/
selection_details.html
Laura N. Khare
Associate General Counsel
LICENSED IN: SC
EDUCATION:
M.A., University of Virginia, 1993
B.A., Agnes Scott College, 1992
As Associate General Counsel at Motley Rice, Laura Khare
manages the firm’s legal matters, including employment issues,
ethics, marketing, commercial contracts and legal defense.
She advises the firm’s nearly 65 attorneys on ethical matters, as
well as develops appropriate compliance and risk management
measures for the firm. In addition, Laura represents a diverse
client base, including victims of sexual abuse and environmental
contamination.
Laura joined Motley Rice in 2004 after several years as a civil
rights attorney for the U.S. Equal Employment Opportunity
Commission in Washington, D.C. She began her tenure as a
political appointee for President William J. Clinton. In addition,
Laura served as Deputy Director of Research at the State Affairs
Company, a consulting firm in Arlington, Virginia, and as a legal
fellow for the U.S. House of Representatives Judiciary Committee.
She began her career as a staff attorney at the South Carolina
Court of Appeals.
A South Carolina native, Laura was honored with the Charleston
Regional Business Journal’s Forty Under 40 award in 2008 in
recognition of her professional achievements and contributions
to the community. She is on the Board of Directors for the Dee
Norton Lowcountry Children’s Center, the Board of Directors for
the Next Child Fund and the Charleston County Board of Zoning
Appeals. In her spare time, she enjoys participating on local
and national political campaigns, including as a volunteer for
multiple national Democratic conventions, most recently in 2008
as a member of the convention’s script writing team.
Laura is a member of the American Association for Justice,
Association of Professional Responsibility Lawyers, South
Carolina Association for Justice and South Carolina Women
Lawyers’ Association.
W. Taylor Lacy
LICENSED IN: SC
U.S. Court of Appeals for the Second Circuit, U.S. District
Court for the Western District of Arkansas and the District of
South Carolina
EDUCATION:
B.A., University of Virginia, 2003
Taylor Lacy focuses his practice on catastrophic injury, products
liability and securities litigation against diverse corporate
defendants. His primary responsibilities include developing
legal theories, conducting legal research, and drafting discovery,
pleadings and motions.
A member of Motley Rice’s Environmental team, Taylor has been
representing Deepwater Horizon oil spill victims since shortly
after the disaster occurred in 2010 and is now helping victims file
claims through the new claims programs established by the two
settlements reached with BP.
Taylor also litigates on behalf of victims hurt by defective
consumer products, fires and premises liability incidents, as well
as catastrophic motorcycle, automotive and trucking collisions.
He additionally works with the firm’s Securities and Consumer
Fraud team to represent individual and institutional investor
clients in complex securities fraud and shareholder claims.
As a law student, Taylor served as student research editor of the
A.B.A. Real Property, Trust & Probate Journal, received multiple
CALI awards and was inducted into the Order of the Wig and
Robe. He studied comparative law and history at University
College, Oxford, and The University of Virginia, and transnational
dispute resolution at Gray’s Inn in London. Taylor was a research
assistant and student editor for Carolina Distinguished Professor
of Law David G. Owen, assisting with the final preparations of
Professor Owen’s Products Liability Law treatise.
He is a member of the American Association for Justice,
American Bar Association, Charleston County Bar Association
and South Carolina Association for Justice.
37
James W. Ledlie
Temitope O. Leyimu
LICENSED IN: DC, SC, WV
for the District of South Carolina
EDUCATION:
B.A., Wofford College, 1996
LICENSED IN: SC
EDUCATION:
B.A., with honors, University of Central Florida, 2009
James Ledlie focuses his practice on occupational disease, worker
safety, products liability, consumer fraud and complex litigation
matters. Recognized for his litigation skills and client advocacy,
he has represented clients in jury trials and hearings across the
country and takes pride in his work advocating for compensation
for people who have suffered serious injury or wrongful death
as the result of corporate misconduct, negligence and defective
product design.
James fights for clients suffering from mesothelioma and other
asbestos-related diseases caused by occupational or household
asbestos exposure. In addition, he has represented families of
smokers against cigarette manufacturers in trials in the U.S. District
Court for the Middle District of Florida, as well as whistleblowers
in qui tam actions alleging fraud against the federal government.
James is currently representing businesses, citizens and municipal
entities that suffered loss as a result of the Deepwater Horizon oil
spill in the Gulf of Mexico. He has spent many years representing
numerous provincial workers’ compensation boards and private
Canadian citizens in U.S. civil actions brought against U.S.
manufacturers of dangerous products sold in Canada. He is also
a vocal advocate for safe products and for holding corporations
accountable for negligent or intentional misconduct.
Prior to joining Motley Rice, James served as a Law Clerk to the
Honorable John C. Few, then a South Carolina Circuit Court Judge.
He later served as Law Clerk to the Honorable G. Ross Anderson,
Jr., of the U.S. District Court for the District of South Carolina. James
is proud of his service in the U.S. Army Judge Advocate General
Corps (JAG) Reserve and has represented injured veterans in
wrongful death and serious personal injury cases.
James was selected by his peers in 2012 and 2013 for inclusion
in the South Carolina Super Lawyers® Rising Stars lists. Active
in the local bar and his community, he was honored in 2010 with
the American Association for Justice F. Scott Baldwin Award, a
national award recognizing individuals who have made significant
contributions to the trial bar and obtained one or more outstanding
trial verdicts.
James has spoken at numerous legal conferences, medical
conferences and continuing education seminars on asbestos
litigation, trial advocacy, jury selection and professionalism. He
currently serves as Chairman of the South Carolina Bar’s Torts
and Insurance Practice Section. He is recognized as an AV® rated
attorney by Martindale-Hubbell® and has served on the Board of
Governors of the South Carolina Association for Justice and the
American Association of Justice’s New Lawyers Division.
James is a member of the American Association for Justice,
Charleston Bar Association, Public Justice Foundation, South
Carolina Association for Justice and the South Carolina Bar.
38
Tope Leyimu focuses her practice on people and families whose
lives have been affected by catastrophic injuries or death as
a result of corporate wrongdoing, occupational hazards and
environmental negligence. She is also actively involved in the
firm’s asbestos litigation involving victims of mesothelioma and
other asbestos-related diseases.
While a law student at the University of Virginia School of Law,
Tope interned with the Legal Aid Justice Center of Charlottesville,
Va., and participated in the family mediation clinic mediating
disputes between parties. Tope worked as a law clerk at a firm
in the Jacksonville, Fla., area, where she gained experience
drafting legal memoranda, complaints and pre-trial motions
on evidentiary issues. She also helped prepare for mediations
involving probate and products liability issues stemming from
wrongful death cases.
Tope served as a Lile Moot Court Competitor at the University
of Virginia School of Law, and also served on the board of the
Virginia Sports and Entertainment Law Journal, as the President
of Phi Alpha Delta, the Vice President of Communications of
ABLE (Action for a Better Living Environment), and on the Policy
Council for the Black Law Student Association.
Tope was an active volunteer with the Virginia Innocence
Project Student Group, a student legal research group that
assists with the investigation and screening of cases involving
prisoners convicted of serious crimes where cognizable claims
of actual innocence exist.
Joshua Littlejohn
LICENSED IN: SC
U.S. Court of Appeals for the Third Circuit, U.S. District Court
for the District of Colorado, District of South Carolina
EDUCATION:
J.D., Charleston School of Law, 2007
B.A., University of North Carolina at Asheville, 1999
Josh Littlejohn represents public pension funds, unions and
other institutional investors in complex securities fraud cases,
as well as shareholder derivative and takeover litigation. In addition to handling discovery, case strategy and analysis,
he plays a lead role in initial case selection and start-up with
the firm’s Securities and Consumer Fraud team. Josh also works
closely with both individual and institutional investor clients to
counsel them on all aspects of the litigation process, from filing
the initial complaint to case resolution.
Josh’s experience litigating takeover cases includes actions
involving Atheros Communications, Inc.; PLATO Learning,
Inc.; Allion Healthcare, Inc.; The DirecTV Group, Inc.; and
Lear Corporation, among numerous others. He has also
been central to the expansion of Motley Rice’s shareholder
derivative practice, litigating cases against boards of directors
of publicly traded companies such as Omnicare, Inc.; Massey
Energy Company; Cintas Corporation; Force Protection, Inc.;
and Regions Financial Corporation. Securities fraud cases on
which he has worked extensively include actions against NPS
Pharmaceuticals and Pharmacia Corporation. Josh additionally supports Motley Rice’s Environmental team
in its efforts to help people and businesses in Gulf coast
communities that suffered economic loss, property damage
and physical injuries due to the Deepwater Horizon oil spill.
With experience handling medical drug and device cases,
including a case against Merck & Co., Inc., related to the drug
Vioxx®, Josh served as second chair at a 2012 trial in a medical
malpractice action tried in Georgetown, S.C.
Josh was selected by his peers for inclusion in the 2013 South
Carolina Super Lawyers® Rising Stars list, and is a member of
the American Bar Association and South Carolina Association
for Justice.
Miles Loadholt
Of Counsel
LICENSED IN: SC
EDUCATION:
1968
B.S., University of South Carolina, 1965
Miles Loadholt has practiced law for over four decades in the
areas of occupational disease, worker safety and business
litigation. He has worked with Motley Rice attorneys on
occupational injury and asbestos litigation since the early
1970s, representing victims of asbestos, radiation and beryllium
exposure. He has also represented workers suffering from
hearing loss caused by exposure to loud machinery on the
job and managed hundreds of workers’ compensation cases.
Additionally, Miles has practiced business litigation including
contract disputes and business torts.
A longtime advocate of higher education, Miles was elected
chairman of the University of South Carolina Board of Trustees
in January 2009. With more than 12 years of service on the Board,
Miles is planning for the institution’s future capital campaign
and building endowments. His involvement with the University
of South Carolina and higher education programs includes
his appointment to the South Carolina Commission on Higher
Education by Governor Jim Hodges, serving as a member of
the Western Carolina Higher Education Commission and more
than 20 years on the Executive Committee of the Gamecock
Club.
Miles earned a Bachelor of Science and Juris Doctor from the
University of South Carolina. As a law student, he was on the
editorial board of the South Carolina Law Review and was a
member of Phi Delta Phi and the Society of Wig and Robe.
Miles is recognized as an AV® rated attorney by MartindaleHubbell® and is a member of the American Association
for Justice, American Bar Association, Barnwell County Bar
Association and South Carolina Association for Justice.
P. Graham Maiden
LICENSED IN: SC
EDUCATION: J.D., Charleston School of Law, 2011
B.S., College of Charleston, 2007
Graham Maiden represents victims, survivors and family
members who have suffered due to acts of terrorism or
human rights violations in litigation against both domestic
and international defendants. He focuses his practice on antiterrorism and human rights and currently supports the firm’s
work in Oran Almog v. Arab Bank, a landmark case filed by
victims of terrorist bombings in Israel against Arab Bank for
its alleged role in financing Hamas and other Israeli terrorist
organizations.
Graham joined Motley Rice as an associate after first serving as
a summer law clerk for the firm, during which time he supported
litigation on behalf of people and businesses seeking to hold
BP and other corporate defendants accountable for the BP oil
spill.
While in law school, Graham held an internship with the Beverly
Hills Sports Council, a California-based Major League Baseball
player agency, where he handled research and writing projects,
as well as salary arbitration preparation. He developed
additional skills writing, conducting research, handling
document production and helping with trial preparation as
a law clerk for a South Carolina-based law firm. Graham also
brings valuable business experience to Motley Rice, having
previously worked for a large real estate and development
company assisting with the development and management of
hotels and restaurants across the country.
A former collegiate athlete at the College of Charleston,
Graham played Division I baseball and proudly represented his
school as a member of the All-Southern Conference Team in
2007. He is a member of the South Carolina Bar Association and
Charleston Bar Association.
For his contributions to education in South Carolina, Miles
received the Order of the Palmetto in 2002, the highest civilian
honor in the state. His portrait can be found in the law library of
the University of South Carolina’s School of Law as recognition
for his generosity and service.
39
Scott A. McGee
LICENSED IN: NY, SC, WV
U.S District Court for the Southern District of New York, District
of South Carolina and the Southern District of West Virginia
EDUCATION:
J.D., Columbia University School of Law, 2006
B.A., Duke University, 2003
Scott McGee practices in the areas of occupational disease,
asbestos and other toxic tort litigation. He primarily represents
victims of mesothelioma and other asbestos-related
diseases from the United States and Canada in individual and
consolidated cases. He is responsible for pre-trial preparation
matters utilizing complex premise and product liability theories
and taking and defending depositions of expert and fact
witnesses.
Prior to joining Motley Rice in 2007, Scott gained experience
in products liability and mass tort class actions, conducting
witness preparation and interviews in class action litigation
and completing research on medical monitoring, venue,
negligence, contractual, pharmaceutical and insurance issues.
As an undergraduate, Scott completed a Duke University
Research Fellowship in Hong Kong, Singapore and Taiwan,
and defended his undergraduate thesis, Toward a Functioning
Bilingualism – Policy Proposal for Hong Kong, SAR in the Fifty
Year Transition Period from British Colony to Chinese Megacity.
He serves on the New Lawyers Division Board of Governors
of the American Association for Justice, as well as its Public
Affairs Committee. He is also a member of the American Bar
Association, the Charleston County Bar Association and the
South Carolina Association for Justice.
Michaela Shea McInnis
LICENSED IN: MA, NY, RI
EDUCATION:
L.L.M., Boston University School of Law, 1985
J.D., Suffolk University Law School, 1980
B.A., Providence College, 1977
Michaela McInnis represents individuals, states, cities and other
municipalities in environmental litigation involving harmful
exposure to lead paint or other sources of environmental
contamination.
She was a member of the trial team in the State of Rhode
Island’s landmark lead paint suit against the lead pigment
industry, conducting discovery and overseeing the case
management order. Her role with the Environmental practice
group also includes toxic tort work, including cases of personal
injury, property damage or economic loss as a result of water
or land contamination. Michaela also represented more than
100 residents of Tiverton, Rhode Island, against a major utility
company for environmental contamination of residential
property.
40
Michaela began her legal career as an attorney with the
appellate staff of the Rhode Island Supreme Court, later
transitioning to a diverse tax practice in New York. Her legal
work extended outside of the office as a volunteer to the
IRS Volunteer Income Tax Assistance and Tax Counseling for
the Elderly programs in Rhode Island. Additionally, Michaela
volunteered for several years with the Ethics Committee of
the Visiting Nurse Association of Newport County, where she
offered case reviews and guidance to the staff of the VNA
regarding ethical issues.
A former adjunct professor at the University of Rhode Island,
Michaela has taught both undergraduate and graduate level
courses on the American legal system and constitutional
law. She is a former law clerk for the Honorable Joseph R.
Weisberger of the Rhode Island Supreme Court.
Christopher F. Moriarty
LICENSED IN: SC
U.S. District Court for the District of Colorado, Northern
District of Illinois, District of South Carolina
EDUCATION:
M.A., Trinity College, University of Cambridge, 2007
B.A., Trinity College, University of Cambridge, 2003
As a member of Motley Rice’s Securities and Consumer Fraud
practice group, Christopher Moriarty represents public pension
funds, unions and other institutional investors in securities
fraud class actions, mergers and acquisitions, and shareholder
derivative suits.
CChristopher has represented clients in a variety of complex
litigation cases, including the following: City of Brockton
Retirement System v. Avon Products, Inc.; Hill v. State Street
Corporation; In re Hewlett-Packard Co. Securities Litigation;
In re The Shaw Group Shareholder Litigation; Ross v. Career
Education Corp.; In re Barrick Gold Securities Litigation and In
re Walgreen Co Derivative Litigation.
Prior to joining Motley Rice, Christopher served as a summer
associate with an international law firm in Texas, where he
gained experience in commercial litigation. He previously held
internships with the Texas Defender Service, Texas Moratorium
Network, and The Rutherford Institute, and has drafted amicus
curiae briefs in numerous U.S. Supreme Court cases.
While in law school, Christopher was a member of the Moot
Court Board and served as an Executive Editor of the Duke
Journal of Constitutional Law and Public Policy. He also taught
a course on constitutional law to LL.M. students.
Christopher was called to the Bar in England and Wales by the
Honourable Society of the Middle Temple and is a member of the
American Bar Association, the South Carolina Bar Association,
the Charleston County Bar Association and the South Carolina
William S. Norton
Lance Oliver
LICENSED IN: MA, NY, SC
U.S. Court of Appeals for the First and Second Circuits
U.S. District Court for the District of Colorado, Northern
District of Illinois, Eastern and Southern Districts of New York,
and District of South Carolina
EDUCATION:
J.D., Boston University School of Law, 2004
B.A./B.S. magna cum laude, University of South Carolina, 2001
LICENSED IN: AL, DC, FL, SC
U.S. Court of Appeals for the District of Columbia, Second,
Fifth and the Eleventh Circuits, U.S. District Court for the
District of Columbia
EDUCATION:
B.A., Samford University, 2001
Bill Norton litigates securities fraud, shareholder derivative,
mergers and acquisitions, consumer fraud and general
commercial matters. He has represented public retirement
systems, union pension funds, investment companies, banks
and private investors before federal and state courts around
the country.
Bill has represented investors in a variety of complex
litigation, including the following matters: In re Alberto Culver
Company Shareholder Litigation; In re Allion Healthcare, Inc.,
Shareholders Litigation; In re Atheros Communications, Inc.,
Shareholder Litigation; Bennett v. Sprint Nextel Corp.; In re
Celera Corporation Shareholder Litigation; City of Brockton
Retirement System v. Avon Products, Inc.; In re Coca-Cola
Enterprises, Inc., Shareholders Litigation; In re Constellation
Energy Group, Inc., Securities Litigation; Hill v. State Street
Corporation; In re Netezza Corporation Shareholders Litigation;
In re NYSE EURONEXT Shareholder Litigation; In re Par
Pharmaceutical Companies, Inc. Shareholders Litigation; In re
RehabCare Group, Inc., Shareholders Litigation; In re The Shaw
Group Shareholders Litigation; In re Synovus Financial Corp.;
In re The South Financial Group, Inc.; In re Vivendi Universal,
S.A. Securities Litigation; and In re Walgreens Co. Derivative
Litigation.
Prior to joining Motley Rice, Bill practiced securities litigation
in the New York office of Cadwalader, Wickersham & Taft LLP.
Bill also served as a law clerk in the United States Attorney’s
Office for the District of Massachusetts, represented asylum
seekers at Greater Boston Legal Services and volunteered at
Neighborhood Legal Assistance Program of Charleston.
Bill served as an Editor of the Boston University Law Review,
was a G. Joseph Tauro Distinguished Scholar, and studied
law at the University of Oxford. Bill graduated Phi Beta Kappa
from the University of South Carolina Honors College. As an
undergraduate, Bill worked for the United States Attorney’s
Office for the District of South Carolina.
Bill is a member of the American Bar Association, the American
Association for Justice, the South Carolina Bar, the New
York State Bar Association and the Charleston County Bar
Association. Bill was selected by his peers to the 2013 list of
South Carolina Super Lawyers® Rising Stars.
Lance Oliver focuses his practice on class actions, mass
torts and other complex litigation. He represents institutional
investors in securities fraud class actions and merger and
acquisition litigation, and has experience in trial and appellate
courts, as well as arbitration and mediation. His recent
experience includes:
• Serving as trial counsel representing individual smokers and
families of deceased smokers against tobacco manufacturers
in the Engle-progeny litigation pending in Florida
• Litigating and resolving shareholders’ breach of fiduciary
duty claims in In re Coventry Health Care, Inc. Shareholder
Litigation
• Serving as co-class counsel in Alaska Electrical Pension
Fund, et al. v. Pharmacia Corp., et al., a securities fraud class
action that settled for $164 million dollars*
• Litigating and resolving shareholders’ breach of fiduciary
duty claims in In re Rehabcare Group, Inc. Shareholder
Litigation, which resulted in creating a $2.5 million settlement
fund for Rehabcare shareholders*
Lance has devoted a substantial amount of time to litigating
securities fraud class actions and played a key role in
documenting and administering the following class action
settlements: In re Select Medical Corp. Sec. Litig. (settled for
$5 million*); In re NPS Pharm., Inc. Sec. Litig. (settled for $15
million*); In re MBNA Sec. Litig. (settled for $25 million*); In re
Dell Sec. Litig. (settled for $40 million*).
Prior to joining Motley Rice in 2007, Lance served as an associate
in the Washington, D.C., office of a national law firm, where
he worked on complex products liability litigation at both the
trial and appellate levels. Lance also has experience in SEC
whistleblower actions.
Lance is an active member of the National Conference on Public
Employee Retirement Systems (NCPERS) and the International
Foundation of Employee Benefit Plans (IFEBP). After graduating
from Duke Law School, he served as a law clerk to the
Honorable James Hughes Hancock of the U.S. District Court,
Northern District of Alabama. He is a member of the American
Bar Association, is recognized as an AV® rated attorney by
Martindale-Hubbell® and was selected for inclusion in the 2013
South Carolina Super Lawyers® Rising Stars list.
* Please remember that every case is different. Any result
we achieve for one client in one matter does not necessarily
indicate similar results can be obtained for other clients.
41
Meghan S. B. Oliver
LICENSED IN: DC, SC, VA
EDUCATION:
B.A. with distinction, University of Virginia, 2000
Meghan Oliver represents unions and other institutional
investors in securities fraud class actions and merger suits. Her
practice focuses on both general litigation and evaluation of
potential merger cases. While at Motley Rice, she has worked
on securities fraud cases and merger cases involving MBNA,
Medtronic, Washington Mutual and DirecTV, among others.
Meghan also litigates consumer fraud cases.
Prior to joining Motley Rice, Meghan worked as a business
litigation and antitrust associate in Washington, DC. There, she
assisted in the trial of a multidistrict litigation antitrust case and
assisted in multiple corporate internal investigations. She is a
member of Phi Beta Kappa and the American Bar Association.
Jonathan D. Orent
LICENSED IN: MA, RI, WI
U.S. District Court for the District of Massachusetts
EDUCATION:
J.D., Washington University School of Law, 2004
B.A., University of Rochester, 2001
Jonathan Orent represents communities and individuals facing
personal injury, property damage and economic loss as a
result of negligence, environmental hazards or groundwater
and soil contamination. In 2008, he litigated against a large
New England utility company on behalf of more than 100
Tiverton, R.I., residents who claimed they suffered damages
resulting from environmental contamination of their residential
property. More recently, Jonathan was a central player in the
settlement of contamination litigation between members of
the Tallevast, Fla., community and a major aerospace defense
contractor involving property damage and emotional distress
claims resulting from the alleged release of trichloroethylene
(TCE), perchloroethylene (PCE) and other chemicals into the
groundwater.
Currently, Jonathan is litigating nuclear contamination cases,
representing clients in Pennsylvania’s Apollo-Parks area who
allege they suffered severe illnesses after being exposed to
dangerous levels of toxic or radioactive materials released into
the air, water and soil by local nuclear facilities.
Jonathan also represents hundreds of clients allegedly harmed
by transvaginal mesh/sling products in hundreds of filed cases
against such large corporations as Boston Scientific, American
Medical Systems, Inc. (AMS), C.R. Bard, Inc., and Johnson
& Johnson. He serves as co-liaison counsel in the In re Bard
Litigation in New Jersey state court and as state court liaison
counsel in Massachusetts.
42
Jonathan has worked on complex litigation against the lead
paint industry on behalf of government entities in California,
New York, Rhode Island and Wisconsin, as well as lead
poisoning cases on behalf of individual children and families
against property owners. He additionally contributes to the
firm’s Occupational Disease and Toxic Tort group, assisting with
discovery and trial preparation of the firm’s asbestos cases.
Prior to joining Motley Rice in 2005, Jonathan served as a law
clerk with the Missouri State Public Defender Youth Advocacy
Unit and a legal intern for Senator Richard Durbin of Illinois.
A frequent speaker, he has made numerous presentations
on a variety of legal matters involving environmental law. He
serves on the Rhode Island Advisory Committee to the U.S.
Commission on Civil Rights, a group whose mission is to
address key community issues and discrimination matters, such
as foreclosure scams and the disparate treatment of minority
youth, through research and initiatives.
Jonathan is a member of the board of the Rhode Island Toxic
Action Center, the American Association for Justice and the
Kelly J. Patrick
Counsel
LICENSED IN: LA
EDUCATION:
J.D., Mississippi College School of Law, 2008
B.A., Louisiana State University, 2005
Kelly Patrick works closely with Motley Rice’s Environmental
team to represent people and businesses in Gulf Coast
communities suffering as a result of the Deepwater Horizon oil
spill. He is currently helping those pursuing litigation, as well
as those who need help filing and negotiating their claims.
Kelly additionally works with the firm’s Aviation team to help
represent victims of aviation disasters and their families.
Prior to joining Motley Rice, Kelly ran his own general law
practice in Louisiana, Patrick Law Office LLC, representing
clients in cases involving such issues as successions, paternity
matters, contracts and court-appointed curatorships in
foreclosures. He previously served as a judicial law clerk for
the Honorable Patricia Koch of the Ninth Judicial District Court
of Louisiana, Division E (Juvenile Division), where he developed
valuable legal research and writing skills and gained experience
handling litigation related to child support, domestic violence
and judicial commitments. Also a former law clerk for the
Louisiana Office of Group Benefits, Kelly has experience in
health and insurance law, as well as matters involving HIPAA
compliance.
Kelly is a former member of the Law Student Bar Association
and Sports and Entertainment Law Society at Mississippi
College School of Law, where he received a Certificate of Civil
Law Studies. A TOPS Scholarship and LSU Board of Supervisors
Scholarship recipient during his undergraduate studies at
Louisiana State University, he also served as a Senator with the
LSU Student Government. Kelly is a member of the American
Association for Justice, Louisiana Association for Justice and
Louisiana State Bar Association.
Michael J. Pendell
LICENSED IN: CT, NY
U.S. District Court for the District of Connecticut, Southern
and Eastern Districts of New York
EDUCATION:
J.D., summa cum laude, Albany Law School, 2007
B.A., cum laude, Emerson College, 2000
As an associate in Motley Rice’s Securities and Consumer Fraud
practice group, Michael Pendell represents individual and
institutional clients in complex securities and consumer fraud
litigation and shareholder derivative suits. He has experience
representing institutional and individual investors in claims
involving common law fraud pursuant to state securities laws.
Michael also represents a wide array of plaintiffs in commercial
cases, including small business owners in breach of contract
and tortuous interference claims.
Michael joined Motley Rice after serving as an associate with
a Connecticut-based law firm, where he gained more than
three years of experience in both federal and state courts in
such areas as commercial and construction litigation, media
and administrative law, personal injury defense and labor and
employment matters. Michael was responsible for drafting
complex pleadings, handling discovery, taking and defending
depositions, and representing clients at prejudgement remedy
hearings, arbitrations and trials.
Michael served as a legal intern for the Honorable Randolph F.
Treece of the U.S. District Court for the Northern District of New
York and as a law clerk for the Major Felony Unity of the Albany
County District Attorney’s Office. He served as the executive
editor for the New York State Bar Association Government Law
& Policy Journal and senior editor for the Albany Law Review,
which published his 2008 article entitled, “How Far is Too Far?
The Spending Clause, the Tenth Amendment, and the Education
State’s Battle Against Unfunded Mandates.” An avid writer,
Michael has additional experience in freelance writing, as well
as teaching, photography and film production.
Named a 2013 Super Lawyers® Rising Star*, Michael is currently
an adjunct professor at Albertus Magnus College where he
teaches business law to BA and MBA candidates. In addition
to being selected during law school as a Sponslor Teaching
Fellow and ACES Teaching Fellow, he won both of Albany Law
School’s major moot court competitions, the Gabrielli Moot
Court Appellate Advocacy Competition and the Karen C.
McGovern Senior Prize Trials. He is also a New York State Bar
Association Trial Academy graduate and a member of The Order
of the Barristers and the Gold Key Honor Society. Michael is a
member of the Connecticut Bar Association, the New York State
Bar Association and the American Bar Association.
superlawyers.com/about/selection_process.html For 2013 CT
data visit: www.superlawyers.com/connecticut/selection_
details.html
Ann K. Ritter
Senior Counsel and Securities Case
Coordination Manager
LICENSED IN: SC
U.S. Court of Appeals for the Third and Eleventh Circuits
EDUCATION:
J.D., University of Tennessee, 1982
B.S., Florida State University, 1980
As Senior Counsel for Motley Rice, Ann Ritter plays a key role
on Motley Rice’s securities team, which represents domestic
and foreign institutional investors in complex cases involving
shareholder rights, corporate governance, securities and
consumer fraud. She possesses more than 25 years of
experience in complex litigation involving matters as varied as
securities, products liability and consumer protection.
Ann serves as a frequent speaker on legal topics such as
worker safety, shareholder rights and corporate governance.
In 2007, she addressed leading German institutional investors
as a keynote speaker on the impact of U.S. class actions at the
Deutsche Schutzvereinigung für Wertpapierbesitz e. V. Practical
Workshop for institutional investors in Frankfurt, Germany.
After earning a Bachelor of Science degree from Florida State
University, Ann pursued a law degree from the University
of Tennessee. She is the co-author of Asbestos in Schools,
published by the National School Boards Association. Ann
previously served on the Advisory Committee for the Tobacco
Deposition and Trial Testimony Archives (DATTA) Project and
currently serves on the Executive Committee of the Board of
the South Carolina Special Olympics, the Advisory Board of the
Medical University of South Carolina Hollings Cancer Center
and the Advisory Board of The University of Mississippi School
of Law. She is a member of the South Carolina Association for
Justice and is recognized as a BV® rated attorney by MartindaleHubbell®.
Michael G. Rousseau
LICENSED IN: CA, MA, RI, WI
EDUCATION:
J.D., Pepperdine University, 1999
B.S., Bentley College, 1996
Michael Rousseau litigates environmental lead poisoning
cases against paint manufacturing corporations and landlord
defendants. After providing discovery and participating in State
of Rhode Island v. Lead Industries Association, et. al., C.A. 995226, Michael continues to play a key role in trial preparation,
discovery and document analysis in lead paint litigation
involving California, Wisconsin, Ohio and Rhode Island. In
2005, he served on the legal team that successfully advocated
for an extension of the risk contribution theory of liability in
Wisconsin, enabling lead-poisoned children and families to
seek compensation from former manufacturers of lead paint.
43
Michael also represents victims of mesothelioma and works on
the Comoposix® Kugel® Mesh legal team on discovery matters
and document analysis. Prior to joining Motley Rice in 2003,
Michael represented consumers in insurance bad faith class
actions and handled wills, trusts and estates and elder law
matters.
As a law student, Michael provided volunteer representation
to autistic children to help them obtain special education
services and physical therapy pursuant to the Individuals
with Disabilities Education Act (IDEA). He is a member of the
Lisa M. Saltzburg
LICENSED IN: SC, CO
U.S. Court of Appeals for the Fourth Circuit
EDUCATION:
J.D., Stanford Law School, 2006
B.A., with high distinction, University of California, Berkeley,
2003
An associate with Motley Rice’s Securities and Consumer
Fraud practice group, Lisa Saltzburg represents individuals and
institutional clients in complex securities and consumer fraud
actions, merger and acquisition cases, shareholder derivative
suits and a variety of other consumer and commercial matters.
Lisa also works closely with the Environmental team, helping
people and businesses in Gulf Coast communities file claims
through the new claims programs established by the two
settlements reached with BP.
Prior to joining Motley Rice, Lisa was an associate attorney
for a nonprofit advocacy organization, where she worked
through law and policy to protect the environmental interests
of the Southeast. She handled numerous legal matters, drafting
briefs and other filings in South Carolina’s federal and state
courts and working with administrative agencies to prepare
for hearings and mediation sessions. Lisa also served for two
years as a judicial clerk for the Honorable Karen J. Williams
of the U.S. Court of Appeals for the Fourth Circuit, where she
developed valuable legal research and writing skills and gained
experience involving a wide range of issues arising in civil and
criminal cases.
Lisa held multiple positions in environmental organizations
during law school, handling a broad array of constitutional,
jurisdictional and environmental issues. She also served as
an editor of the Stanford Law Review and as an executive
editor of the Stanford Environmental Law Journal. A member of
numerous organizations and societies, including the Stanford
Environmental Law Society, Lisa attended the National Institute
for Trial Advocacy’s week-long Trial Advocacy College at the
University of Virginia.
44
Elizabeth Smith
LICENSED IN: DC, SC
U.S. Court of Appeals for the District of Columbia Circuit
EDUCATION:
2000
B.A., Furman University, 1995
Elizabeth represents clients injured by corporate wrongdoing,
with an emphasis on anti-terrorism and human rights litigation.
Her current practice includes aviation liability cases on behalf
of victims and families of the September 11, 2001, airline
disasters, as well as the 9/11 Families United to Bankrupt
Terrorism multidistrict litigation aiming to bankrupt financiers
of al Qaeda and other terrorist groups. As a member of the
aviation and anti-terrorism practice groups, Elizabeth manages
client relations, research and discovery, and trial preparation.
Elizabeth’s role in the 9/11-related litigation led to her
representing numerous victims’ families at hearings before the
September 11th Victim Compensation Fund with Special Master
Kenneth Feinberg. She has also litigated personal injury and
consumer protection cases, including vehicle defect cases,
asbestos litigation and lead paint poisoning lawsuits.
As an undergraduate student, Elizabeth completed a Middle
East and Africa Foreign Study Program, and traveled from
Kenya to Israel. While in law school, she served on the editorial
board of the ABA Real Property, Probate & Trust Journal. After
graduation, Elizabeth was a law clerk for the Honorable Diane
S. Goodstein, Circuit Court Judge of the First Judicial Circuit for
South Carolina.
Elizabeth is a member of the American Association for Justice,
Federal Bar Association and the South Carolina Association for
Justice.
Hayleigh T. Stewart
LICENSED IN: SC
EDUCATION:
J.D., University of North Carolina School of Law, 2012
B.A., with honors, University of North Carolina at Chapel Hill,
2008
As a member of Motley Rice’s Medical team, Hayleigh Stewart
represents victims harmed by dangerous prescription drugs and
defective medical devices, working to hold accountable those
responsible for corporate wrongdoing and inadequate product
warning, research and testing. She currently represents people
allegedly harmed by Actos®, dialysis products GranuFlo®
powder and NaturaLyte® Liquid, Nuvaring® and Topamax®.
Prior to joining Motley Rice, Hayleigh served as a summer law
clerk for Pisgah Legal Services, a nonprofit organization based
in Asheville, N.C., that offers legal assistance to disadvantaged
citizens of Western North Carolina. She gained experience
working with attorneys to provide legal aid to low-income
victims of domestic violence, as well as homeowners facing
foreclosure. During this time, Hayleigh also contributed to an
appellate brief on terminating parental rights.
and procedures as well as resolving and litigating disputes
before state and federal courts. He also served as a family and
divorce law mediator and is an American Arbitration Association
(AAA) certified mediator.
Hayleigh’s background and interests are diverse and include
the field of education. She taught English in Madrid, Spain, for
nearly a year following her undergraduate studies, teaching
writing, reading, speaking and listening skills to both adults and
children. While living in Spain, she complemented her teaching
work writing as a columnist for European Vibe Magazine, a
monthly lifestyle magazine for the English-speaking community
of Madrid.
Prior to joining Motley Rice as an associate, Alex served as a
law clerk for the firm. Alex also clerked for The New England
Patriots, working with the organization’s General Counsel
on real estate acquisitions, environmental compliance and
collective bargaining issues.
Hayleigh held multiple positions while at the University of North
Carolina School of Law in Chapel Hill, including serving as a
Research, Reasoning, Writing, Advocacy Teacher’s Assistant,
the Treasurer of the Immigration Law Association and the coPresident of the American Constitution Society. She was also
a member of the First Amendment Law Review and North
Carolina Student Bar Association. A member of Phi Beta Kappa
who graduated in the top third of her class, she additionally
competed as a Kilpatrick Stockton 1L Trial Competition Defense
Attorney and helped domestic violence victims through her
work with the Domestic Violence Clinic.
Hayleigh has volunteered with both the North Carolina Driver’s
License Restoration Project and the Lambda Law Students
Health Care Power of Attorney Clinic in Chapel Hill, N.C.
Alex R. Straus
LICENSED IN: MA, NY, RI, SC
EDUCATION:
J.D., Roger Williams University School of Law, 2009
B.A., Rollins College, 1992
As a member of Motley Rice’s Securities and Consumer
Fraud team, Alex Straus represents individuals, unions, public
pension funds and other institutional investors in securities
fraud class actions and other shareholder lawsuits. In addition,
Alex represents individuals in SEC whistleblower actions and in
qui tam litigation under the False Claims Act.
Alex also has experience representing workers and family
members suffering from mesothelioma or other asbestosrelated diseases caused by occupational, environmental
or household asbestos exposure. He is currently fighting
on behalf of more than 2,000 merchant marines exposed to
asbestos while on the job in litigation against ship owners and
manufacturers of asbestos-containing products. In June 2013,
Alex authored an amicus curiae brief filed in the Supreme Court
of the United States in support of a shipyard worker killed as a
result of asbestos exposure.
Alex previously worked as an associate attorney for a New York
law firm handling construction, real estate, estate planning and
family law cases. During this time, he represented construction
industry employers, employer associations and ERISA funds in
negotiating and drafting a broad range of contracts, policies
An avid writer, Alex has authored two published books, Medical
Marvels: The 100 Most Important Medical Advances (Prometheus
Books) and Guerrilla Golf: The Complete Guide to Playing Golf
on Mountains, Pastures, City Streets and Everywhere But the
Course (Rodale Press), in addition to more than 100 nationally
published feature-length articles. He was awarded the Kathleen
Brit Memorial Prize in 2009 for Alternative Dispute Resolution,
and the New York Press Association bestowed its Best Sports
Feature award to Alex in 1999.
Alex serves as an Executive Board Member of the Gary Forbes
Foundation, a nonprofit organization that advocates for
diabetes research and education. Active in his community,
he has volunteered with Volunteer of America’s Operation
Backpack, an organization that provides school supplies to
more than 7,000 homeless children in New York City.
W. Christopher Swett
LICENSED IN: DC, MN, SC, WV
U.S. District Court for the Southern District of West Virginia
EDUCATION: J.D., cum laude, University of South Carolina School of Law,
2009
B.A., B.S., summa cum laude, The Citadel, 2006
Chris is a member of Motley Rice’s Occupational Disease and
Toxic Tort Practice Group and represents individuals harmed by
corporate misconduct and malfeasance. He primarily focuses
his efforts on assisting workers and families suffering from
mesothelioma and other asbestos-related diseases due to
occupational, environmental or household asbestos exposure.
On behalf of asbestos victims, he handles complex litigation
against manufacturers, property owners and contractors who
sold or installed defective or hazardous asbestos-containing
products.
In the area of catastrophic injury, Chris represents victims
and families affected by tragic events caused by hazardous
consumer products, occupational and industrial accidents,
fires, premise injuries and other incidents of negligence.
Prior to joining Motley Rice, Chris served as a law clerk to
the Honorable R. Bryan Harwell of the U.S. District Court for
the District of South Carolina, gaining two years of writing
and research experience in the legal field. In this capacity, he
conducted complex research and prepared proposed orders
involving numerous areas of the law, assisted with various
phases of both civil and criminal trials and researched opinions
45
for the U.S. Court of Appeals for the Fourth Circuit. He also spent
one year as a summer associate with a South Carolina-based
law firm handling case matters in areas such as environmental
litigation, property tax sale disputes, the Unfair Trade Practices Act
and the Fair Debt Collection Practices Act.
Chris has additional experience in medical litigation, having
served as a law clerk drafting discovery and pretrial motions
and conducting research for pharmaceutical cases such as In re
Prempro Products Liability Litigation.
A recipient of the Citadel Scholar full academic scholarship and
the Citadel Honors Program Gold Seal, Chris was honored with
the University of South Carolina School of Law’s Cali Award for
environmental law. Additionally, he served as Senior Associate
Editor for the Southeastern Environmental Law Journal and is the
author of published pieces concerning environmental law such as
Politics, Money, and Radioactive Waste: The Savannah River Site
Conundrum, 16.2 Se. Envtl. L.J. 391 (2008). He was also inducted
into the Order of the Coif and Order of the Wig and Robe.
Chris is a member of the American Association for Justice,
American Bar Association, South Carolina Association for Justice
and Charleston County Bar Association. He is active in his local
community and proudly serves as class chairman for The Citadel
Foundation, helping to raise money for need-based scholarship
funding. Kathryn A. Waites
LICENSED IN: SC
EDUCATION:
B.A., Washington and Lee University, 2006
An associate attorney focused on catastrophic injuries, Katie
Waites represents individual victims and families harmed by
hazardous consumer products, occupational and industrial
accidents, premises injuries and other incidents involving
negligence in products liability, personal injury and wrongful
death cases. She is currently involved in a number of local
cases against various corporate defendants and is responsible
for developing legal theories, conducting legal research, and
drafting discovery, pleadings and motions. Katie also works with Motley Rice’s environmental team to
assist individuals and businesses in their efforts to hold BP and
other corporate defendants accountable for the BP oil spill.
Additionally, she has experience representing consumers,
public pension funds, unions, whistleblowers and institutional
investors in securities and consumer fraud class actions and
shareholder derivative suits.
Prior to joining Motley Rice, Katie served as a law clerk for the
Honorable Catharine R. Aron, U.S. Bankruptcy Judge for the
Middle District of North Carolina. In this capacity, she gained
experience writing complex legal memoranda, preparing
proposed orders and working with attorneys to handle and
46
resolve both consumer and business bankruptcies. Katie
clerked in 2007 and 2008 for a number of South Carolina-based
law firms in the Charleston area and, a former summer associate
with Motley Rice, returned to join the firm in 2010.
Katie earned a Bachelor of Arts degree in English Literature and
Studio Art, cum laude, from Washington and Lee University in
2006. A South Carolina native, she returned home to pursue
a Juris Doctor from the University of South Carolina School
of Law as a 3-year Merit Scholarship Recipient. Katie served
as a Student Editor of the American Bar Association (ABA)
Real Property Probate & Trust Journal, a competing member
of the University of South Carolina Moot Court Bar, and a
Representative for the Legislative Council of the Student Bar
Association. Katie also demonstrated her commitment to
public service as a member of the University of South Carolina
Pro Bono Board, a student arbitrator with the Lexington County
Juvenile Arbitration Program, and a volunteer law clerk for South
Carolina Appleseed Legal Justice Center, where she worked to
affect change in low-income communities throughout the state
through education advocacy and petitions to the local courts.
In 2008, she received the USC School of Law Pro Bono Award.
Katie is a member of the Charleston County and American Bar
Associations, the South Carolina Bar Association, the American
Association for Justice, the South Carolina Association for
Justice and the South Carolina Women Lawyers Association. Elizabeth C. Ward
LICENSED IN: NC, SC
U.S. District Court for the Middle, Eastern and Western
Districts of North Carolina and District of South Carolina
EDUCATION:
1999
B.A., University of North Carolina at Chapel Hill, 1995
Liza Ward’s practice ranges from helping clients injured by acts
of corporate negligence to seeking improvements in worker
and environmental health and safety. She litigates commercial,
products liability and personal injury cases with Motley Rice’s
Occupational and Toxic Tort practice group and additionally
works with the Medical team to represent people affected by
allegedly harmful prescription drugs such as Accutane®.
Liza is also heavily involved in the firm’s consultation work for
South African human rights lawyer Richard Spoor in the effort
to take on leading global gold producers, seeking justice for
tens of thousands of exploited gold mine workers suffering
from silicosis. Few class actions have been brought in South
Africa, and none have been filed for sick workers. If approved
as a class, the suit would generate an unprecedented means
of recovery for the country and ensure meaningful access to
justice for the indigent and rural workers who are dying from
this entirely preventable yet incurable disease.
Liza redirected her career to plaintiffs’ law after working
several years with large defense firms. At Motley Rice, she
has represented welders harmed as a result of corporate
malfeasance and conducted client relations and trial
preparation for welding rod cases. In 2008, Liza was a member
of the trial team that obtained the first welding fume plaintiff
verdict in Mississippi state court since 2003.
Liza has advocated for domestic violence victims’ rights by
participating in training programs and pro bono litigation. She
served as articles editor for the South Carolina Law Review
while a law student at the University of South Carolina School
of Law and is a member of the Order of the Wig and Robe.
47
28 Bridgeside Blvd. | Mt. Pleasant, SC 29464
SC | RI | CT | NY | WV | DC | CA | LA
William H. Narwold (CT, DC, NY, SC) is the attorney responsible for this
communication. Our lawyers must make a case-by-case assessment of any
claims. Prior results do not guarantee a similar outcome. Motley Rice LLP
operates the California office.
PD: 12.23.2013
www.motleyrice.com
1 800.768.4026
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
THURMAN ROSS, By and on Behalf of
Himself and All Others Similarly Situated,
)
)
)
Plaintiff,
)
)
vs.
)
)
CAREER EDUCATION CORPORATION, et )
al.,
)
)
Defendants.
)
)
Civil Action No. 1:12-cv-00276-JWD
CLASS ACTION
DECLARATION OF JAMES E. BARZ FILED ON BEHALF OF ROBBINS GELLER
RUDMAN & DOWD LLP IN SUPPORT OF APPLICATION FOR AWARD OF
ATTORNEYS’ FEES AND EXPENSES
921524_1
I, JAMES E. BARZ, declare as follows:
1.
I am a member of the firm of Robbins Geller Rudman & Dowd LLP (“Robbins
Geller”). I am submitting this declaration in support of my firm’s application for an award of
attorneys’ fees and expenses in connection with services rendered in the above-entitled action. This
firm is additional counsel for plaintiffs.
2.
The information in this declaration regarding the firm’s time and expenses is taken
from time and expense printouts prepared and maintained by the firm in the ordinary course of
business. I am the partner who oversaw and/or conducted the day-to-day activities in the litigation.
This declaration and the supporting exhibits were prepared by, or with the assistance of, other
lawyers and staff at the firm and reviewed by me before signing. The information contained herein
is believed to be accurate based on what I know and what I have learned from others at the firm.
The purpose of these reviews was to review both the accuracy of the entries on the printouts as well
as the necessity for, and reasonableness of, the time and expenses committed to the litigation. As a
result of these reviews, reductions were made to both time and expenses either in the exercise of
“billing judgment” or to conform to the firm’s guidelines and policies regarding certain expenses
such as charges for hotels, meals, and transportation. As a result of these reviews and adjustments, I
believe that the time reflected in the firm’s lodestar calculation and the expenses for which payment
is sought are reasonable in amount and were necessary for the effective and efficient prosecution and
resolution of the litigation. In addition, I believe that the expenses are all of a type that would
normally be charged to a fee-paying client in the private legal marketplace.
3.
After the reductions referred to above, the number of hours spent on this litigation by
my firm is 270.50. A breakdown of the lodestar is provided below. The lodestar amount for
attorneys, paralegals, economic analysts, litigation support, and shareholder relations personnel time
-1921524_1
based on the firm’s current rates is $148,237.50. The hourly rates shown below are the usual and
customary rates set by the firm for each individual.
NAME
Barz, James
Gusikoff Stewart, Ellen
Reise, Jack
Robbins, Darren
Walton, David
Brane, Austin
Myers, Danielle S.
Bays, Lea
Topp, Jennifer
Uralets, Boris
Milliron, Christine
Paralegals
TOTAL
(P) Partner
(A) Associate
(OC) Of Counsel
(EA) Economic Analyst
(LS) Litigation Support
4.
HOURS RATE LODESTAR
(P)
68.75 680
46,750.00
(P)
4.25 790
3,357.50
(P)
3.50 720
2,520.00
(P)
5.75 845
4,858.75
(P)
48.25 825
39,806.25
(A)
24.75 360
8,910.00
(A)
14.25 410
5,842.50
(OC)
25.50 440
11,220.00
(EA)
26.50 335
8,877.50
(EA)
12.00 415
4,980.00
(LS)
4.00 345
1,380.00
33.00 295
9,735.00
270.50
$148,237.50
My firm seeks an award of $3,540.58 in expenses and charges in connection with the
prosecution of the litigation. Those expenses and charges are summarized below.
CATEGORY
TOTAL
Meals, Hotels & Transportation $2,383.75
Financial Research
758.46
Legal Research
398.37
TOTAL
$3,540.58
5.
The following is additional information regarding certain of these expenses and
charges:
(a)
Meals, Hotels and Transportation: $2,383.75.
In connection with the
prosecution of this case, the firm has paid for travel expenses to attend two mediation sessions. The
date, destination and purpose of each trip is set forth below.
-2921524_1
NAME
Barz, James
Barz, James
(b)
DATE
01/09/13 –
01/10/13
04/22/13
DESTINATION
New York, NY
Philadelphia, PA
PURPOSE
Prepare for and attend
mediation
Prepare for and attend
mediation
Financial Research ($758.46); Legal Research ($398.37). These included
vendors such as Lexis Nexis, Caliber Advisors, Thomson Financial, Westlaw, and Pacer. These
databases were used to obtain access to SEC filings, factual databases, and legal research. The
expense amount detailed herein represents our charges for the out-of-pocket costs incurred by
Robbins Geller in connection with use of these services in connection with this litigation. The
charges for these vendors vary depending upon the type of services requested. For example,
Robbins Geller has flat-rate contracts with some of these providers for use of their services. When
Robbins Geller utilizes services provided by a vendor with a flat-rate contract, a billing code is
entered for the specific case being litigated. At the end of each billing period in which a service is
used, Robbins Geller’s costs for such services are allocated to specific cases based on the percentage
of use in connection with that specific case in the billing period. As a result of the contracts
negotiated by Robbins Geller with certain providers, the Class enjoys substantial savings in
comparison with the “market-rate” for a la carte use of such services which some law firms may
pass on to their clients. For example, the “market rate” charged by Lexis for the services used by
Robbins Geller each month is routinely more expensive than the rates negotiated by Robbins Geller
and which provide the basis for the expenses set forth herein.
6.
The expenses pertaining to this case are reflected in the books and records of this
firm. These books and records are prepared from receipts, expense vouchers, check records and
other documents and are an accurate record of the expenses.
7.
The identification and background of my firm and its partners is attached hereto as
Exhibit A.
-3921524_1
I declare under penalty of perjury that the foregoing is true and correct. Executed this 17th
day of March, 2014, at Chicago, Illinois.
JAMES E. BARZ
-4921524_1
EXHIBIT A
Firm Resume
Robbins Geller Rudman & Dowd LLP (“Robbins Geller” or the
“Firm”) is a more than 200-lawyer firm with offices in Atlanta,
Boca Raton, Chicago, Manhattan, Melville, Nashville, San Diego,
San Francisco,
Philadelphia
and Washington,
D.C.
(www.rgrdlaw.com). The Firm is actively engaged in complex
litigation, emphasizing securities, consumer, antitrust, insurance,
healthcare, human rights and employment discrimination class
actions, as well as intellectual property. The Firm’s unparalleled
experience and capabilities in these fields are based upon the
talents of its attorneys, who have successfully prosecuted
thousands of class action lawsuits and numerous individual
cases.
TABLE OF CONTENTS
PRACTICE AREAS
2
Securities Fraud ................................ 2
This successful track record stems from our experienced
attorneys, including many who came to the Firm from federal or
state law enforcement agencies. The Firm also includes several
dozen former federal and state judicial clerks.
Shareholder Derivative Litigation .. 5
The Firm currently represents more institutional investors,
including public and multi-employer pension funds and domestic
and international financial institutions, in securities and corporate
litigation than any other plaintiffs’ securities law firm in the United
States.
Antitrust ............................................ 10
Corporate Governance.................... 6
Options Backdating Litigation ....... 7
Corporate Takeover Litigation ....... 8
Insurance ............................................. 9
Consumer Fraud............................. 12
Intellectual Property ....................... 13
Pro Bono .......................................... 15
Human Rights, Labor Practices
and Public Policy ............................ 16
Environment and Public Health .. 17
The Firm is committed to practicing law with the highest level of
integrity and in an ethical and professional manner. We are a
diverse firm with lawyers and staff from all walks of life. Our
lawyers and other employees are hired and promoted based on
the quality of their work and their ability to enhance our team and
treat others with respect and dignity. Evaluations are never
influenced by one’s background, gender, race, religion or
ethnicity.
NOTABLE CLIENTS
18
Public Fund Clients ....................... 18
Multi-Employer Clients.................. 19
International Investors ................... 21
Additional Institutional Investors. 21
PROMINENT CASES, PRECEDENT
SETTING DECISIONS AND JUDICIAL
COMMENDATIONS
22
Prominent Cases............................ 22
We also strive to be good corporate citizens and to work with a
sense of global responsibility. Contributing to our communities
and our environment is important to us. We often take cases on
a pro bono basis. We are committed to the rights of workers
and to the extent possible, we contract with union vendors. We
care about civil rights, workers’ rights and treatment, workplace
safety and environmental protection. Indeed, while we have built
a reputation as the finest securities and consumer class action
law firm in the nation, our lawyers have also worked tirelessly in
less high-profile, but no less important, cases involving human
rights.
PRECEDENT-SETTING DECISIONS 28
Investor and Shareholder Rights 29
Insurance .......................................... 33
Consumer Protection .................... 33
Additional Judicial
Commendations ............................. 34
ATTORNEY BIOGRAPHIES
37
Partners ............................................ 37
Of Counsel....................................... 60
Special Counsel ............................. 67
Forensic Accountants ................... 68
Robbins Geller Rudman & Dowd LLP Firm Resume | 1
Practice Areas
Securities Fraud
As recent corporate scandals demonstrate clearly, it has become all too common for companies and
their executives – often with the help of their advisors, such as bankers, lawyers and accountants –
to manipulate the market price of their securities by misleading the public about the company’s
financial condition or prospects for the future. This misleading information has the effect of
artificially inflating the price of the company’s securities above their true value. When the underlying
truth is eventually revealed, the prices of these securities plummet, harming those innocent investors
who relied upon the company’s misrepresentations.
Robbins Geller is the leader in the fight to protect investors from corporate securities fraud. We
utilize a wide range of federal and state laws to provide investors with remedies, either by bringing a
class action on behalf of all affected investors or, where appropriate, by bringing individual cases.
The Firm’s reputation for excellence has been repeatedly noted by courts and has resulted in the
appointment of Firm attorneys to lead roles in hundreds of complex class-action securities and other
cases. In the securities area alone, the Firm’s attorneys have been responsible for a number of
outstanding recoveries on behalf of investors. Currently, Robbins Geller attorneys are lead or
named counsel in hundreds of securities class action or large institutional-investor cases. Some
current and past cases include:
In re Enron Corp. Sec. Litig.,
Litig. No. H-01-3624 (S.D. Tex.). Robbins Geller attorneys and
lead plaintiff The Regents of the University of California aggressively pursued numerous
defendants, including many of Wall Street’s biggest banks, and successfully obtained
settlements in excess of $7.3 billion for the benefit of investors. This is the largest
aggregate class action settlement not only in a securities class action, but in class
action history.
Jaffe v. Household Int’l, Inc.,
Inc. No. 02-C-05893 (N.D. Ill.). Sole lead counsel Robbins
Geller obtained a jury verdict on May 7, 2009, following a six-week trial in the Northern
District of Illinois, on behalf of a class of investors led by plaintiffs PACE Industry UnionManagement Pension Fund, the International Union of Operating Engineers, Local No. 132
Pension Plan, and Glickenhaus & Company. On October 17, 2013, United States District
Judge Ronald A. Guzman entered a judgment of $2.46 billion – the largest judgment
following a securities fraud class action trial in history – against Household International
(now HSBC Finance Corporation) and three of its former top executives, William Aldinger,
David Schoenholz and Gary Gilmer. Since the enactment of the PSLRA in 1995, trials in
securities fraud cases have been rare. Only a handful of such cases have gone to verdict
since the passage of the PSLRA.
In re UnitedHealth Grp. Inc. PSLRA Litig.,
Litig. No. 06-CV-1691 (D. Minn.). In the
UnitedHealth case, Robbins Geller represented the California Public Employees’ Retirement
System (“CalPERS”) and demonstrated its willingness to vigorously advocate for its
institutional clients, even under the most difficult circumstances. The Firm obtained an $895
million recovery on behalf of the UnitedHealth shareholders and former CEO William A.
McGuire paid $30 million and returned stock options representing more than three million
shares to the shareholders, bringing the total recovery for the class to over $925 million, the
largest stock option backdating recovery ever, and a recovery which is more than four
times larger than the next largest options backdating recovery.
recovery Moreover, Robbins
Geller obtained unprecedented corporate governance reforms, including election of a
Robbins Geller Rudman & Dowd LLP Firm Resume Practice Areas | 2
shareholder-nominated member to the company’s board of directors, a mandatory holding
period for shares acquired by executives via option exercise, and executive compensation
reforms which tie pay to performance.
Litig.), No. 03 Civ.
Alaska Elec. Pension Fund v. CitiGroup, Inc. (In re WorldCom Sec. Litig.)
8269 (S.D.N.Y.). Robbins Geller attorneys represented more than 50 private and public
institutions that opted out of the class action case and sued WorldCom’s bankers, officers
and directors, and auditors in courts around the country for losses related to WorldCom
bond offerings from 1998 to 2001. The Firm’s attorneys recovered more than $650 million
for their clients, substantially more than they would have recovered as part of the class.
Luther v. Countrywide Fin. Corp.,
Corp. No. 12-cv-05125 (C.D. Cal.). Robbins Geller attorneys
secured a $500 million settlement for institutional and individual investors in what is the
largest mortgage-backed securities class action settlement in history, and one of the largest
class action securities settlements of all time. The unprecedented settlement resolves
claims against Countrywide and Wall Street banks that issued the securities. The action
was the first securities class action case filed against originators and Wall Street banks as a
result of the credit crisis. As co-lead counsel Robbins Geller forged through six years of
hard-fought litigation, oftentimes litigating issues of first impression, in order to secure the
landmark settlement for its clients and the class.
In re Wachovia Preferred Sec. & Bond/Notes Litig.,
Litig. No. 09-cv-06351 (S.D.N.Y.). On
behalf of investors in bonds and preferred securities issued between 2006 and 2008,
Robbins Geller and co-counsel obtained a significant settlement with Wachovia successor
Wells Fargo & Company and Wachovia auditor KPMG LLP. The total settlement – $627
million – is the largest recovery under the Securities
Securities Act of 1933 and one of the 15
history. The settlement is also one of the
largest securities class action recoveries in history
biggest securities class action recoveries arising from the credit crisis. The lawsuit focused
on Wachovia’s exposure to “pick-a-pay” loans, which the bank’s offering materials said were
of “pristine credit quality,” but which were actually allegedly made to subprime borrowers,
and which ultimately massively impaired the bank’s mortgage portfolio. Robbins Geller
served as co-lead counsel representing the City of Livonia Employees’ Retirement System,
Hawaii Sheet Metal Workers Pension Fund, and the investor class.
In re Cardinal Health, Inc. Sec. Litig.,
Litig. No. C2-04-575 (S.D. Ohio). As sole lead counsel
representing Cardinal Health shareholders, Robbins Geller obtained a recovery of $600
million for investors on behalf of the lead plaintiffs, Amalgamated Bank, the New Mexico
State Investment Council, and the California Ironworkers Field Trust Fund. At the time, the
$600 million settlement was the tenth-largest settlement in the history of securities fraud
litigation and is the largest-ever recovery in a securities fraud action in the Sixth Circuit.
AOL Time Warner Cases I & II,
II JCCP Nos. 4322 & 4325 (Cal. Super. Ct., Los Angeles
Cnty.). Robbins Geller represented The Regents of the University of California, six Ohio
state pension funds, Rabo Bank (NL), the Scottish Widows Investment Partnership, several
Australian public and private funds, insurance companies, and numerous additional
institutional investors, both domestic and international, in state and federal court opt-out
litigation stemming from Time Warner’s disastrous 2001 merger with Internet high flier
America Online. After almost four years of litigation involving extensive discovery, the Firm
secured combined settlements for its opt-out clients totaling over $629 million just weeks
before The Regents’ case pending in California state court was scheduled to go to trial. The
Regents’ gross recovery of $246 million is the largest individual opt-out securities recovery
in history.
In re HealthSouth Corp. Sec. Litig.,
Litig. No. CV-03-BE-1500-S (N.D. Ala.). As courtappointed co-lead counsel, Robbins Geller attorneys obtained a combined recovery of $671
million from HealthSouth, its auditor Ernst & Young, and its investment banker, UBS, for the
benefit of stockholder plaintiffs. The settlement against HealthSouth represents one of the
larger settlements in securities class action history and is considered among the top 15
settlements achieved after passage of the PSLRA. Likewise, the settlement against Ernst &
Young is one of the largest securities class action settlements entered into by an accounting
firm since the passage of the PSLRA.
In re Dynegy Inc. Sec. Litig.,
Litig. No. H-02-1571 (S.D. Tex.). As sole lead counsel
representing The Regents of the University of California and the class of Dynegy investors,
Robbins Geller attorneys obtained a combined settlement of $474 million from Dynegy,
Citigroup, Inc. and Arthur Andersen LLP for their involvement in a clandestine financing
scheme known as Project Alpha. Most notably, the settlement agreement provides that
Dynegy will appoint two board members to be nominated by The Regents, which Robbins
Geller and The Regents believe will benefit all of Dynegy’s stockholders.
In re Qwest Commc’ns Int’l, Inc. Sec. Litig.,
Litig. No. 01-cv-1451 (D. Colo.). In July 2001, the
Firm filed the initial complaint in this action on behalf of its clients, long before any
investigation into Qwest’s financial statements was initiated by the SEC or Department of
Justice. After five years of litigation, lead plaintiffs entered into a settlement with Qwest and
certain individual defendants that provided a $400 million recovery for the class and created
a mechanism that allowed the vast majority of class members to share in an additional $250
million recovered by the SEC. In 2008, Robbins Geller attorneys recovered an additional
$45 million for the class in a settlement with defendants Joseph P. Nacchio and Robert S.
Woodruff, the CEO and CFO, respectively, of Qwest during large portions of the class
period.
In re AT&T Corp. Sec. Litig.,
Litig. MDL No. 1399 (D.N.J.). Robbins Geller attorneys served as
lead counsel for a class of investors that purchased AT&T common stock. The case
charged defendants AT&T and its former Chairman and CEO, C. Michael Armstrong, with
violations of the federal securities laws in connection with AT&T’s April 2000 initial public
offering of its wireless tracking stock, the largest IPO in American history. After two weeks
of trial, and on the eve of scheduled testimony by Armstrong and infamous telecom analyst
Jack Grubman, defendants agreed to settle the case for $100 million.
Silverman v. Motorola, Inc.,
Inc. No. 1:07-cv-04507 (N.D. Ill.). The Firm served as lead
counsel on behalf of a class of investors in Motorola, Inc., ultimately recovering $200 million
for investors just two months before the case was set for trial. This outstanding result was
obtained despite the lack of an SEC investigation or any financial restatement.
In re Dollar General Corp. Sec. Litig.,
Litig. No. 01-CV-00388 (M.D. Tenn.). Robbins Geller
attorneys served as lead counsel in this case in which the Firm recovered $172.5 million for
investors – the largest shareholder class action recovery ever in Tennessee.
Carpenters Health & Welfare Fund v. CocaCoca- Cola Co.,
Co. No. 00-CV-2838 (N.D. Ga.). As
co-lead counsel representing Coca-Cola shareholders, Robbins Geller attorneys obtained a
recovery of $137.5 million after nearly eight years of litigation.
Schwartz v. TXU Corp.,
Corp. No. 02-CV-2243 (N.D. Tex.). As co-lead counsel, Robbins Geller
attorneys obtained a recovery of over $149 million for a class of purchasers of TXU
securities.
Robbins Geller’s securities practice is also strengthened by the existence of a strong appellate
department, whose collective work has established numerous legal precedents. The securities
practice also utilizes an extensive group of in-house economic and damage analysts, investigators
and forensic accountants to aid in the prosecution of complex securities issues.
Shareholder Derivative Litigation
The Firm’s shareholder derivative practice is focused on preserving corporate assets, restoring
accountability, improving transparency, strengthening the shareholder franchise and protecting longterm investor value. Often brought by large institutional investors, these actions typically address
executive malfeasance that resulted in violations of the nation’s securities, environmental, labor,
health & safety and wage & hour laws, coupled with self-dealing. Corporate governance
therapeutics recently obtained in the following actions were valued by the market in the billions of
dollars:
Litigation), No. 04-CVUnite Nat’l Ret. Fund v. Watts (Royal Dutch Shell Derivative Litigation)
3603 (D.N.J.). Successfully prosecuted and settled a shareholder derivative action on
behalf of the London-based Royal Dutch Shell plc, achieving very unique and quite valuable
transatlantic corporate governance reforms. To settle the derivative litigation, the complicit
executives agreed to:
Improved Governance Standards: The Dutch and English Company committed to
changes that extend well beyond the corporate governance requirements of the New
York Stock Exchange listing requirements, while preserving the important
characteristics of Dutch and English corporate law.
Board Independence Standards: Shell agreed to a significant strengthening of the
company’s board independence standards and a requirement that a majority of its
board members qualify as independent under those rigorous standards.
Stock Ownership Requirements: The company implemented enhanced director
stock ownership standards and adopted a requirement that Shell’s officers or
directors hold stock options for two years before exercising them.
Improved Compensation Practices: Cash incentive compensation plans for Shell’s
senior management must now be designed to link pay to performance and prohibit
the payment of bonuses based on reported levels of hydrocarbon reserves.
Full Compliance with U.S. GAAP: In addition to international accounting standards,
Shell agreed to comply in all respects with the Generally Accepted Accounting
Principles of the United States.
Litigation), No. 6:04-CVAlaska Electrical Pension Fund v. Brown (EDS Derivative Litigation)
0464 (E.D. Tex.). Prosecuted shareholder derivative action on behalf of Electronic Data
Systems Corporation alleging EDS’s senior executives breached their fiduciary duties by
improperly using percentage-of-completion accounting to inflate EDS’s financial results, by
improperly recognizing hundreds of millions of dollars in revenue and concealing millions of
dollars in losses on its contract with the U.S. Navy Marine Corps, by failing in their oversight
responsibilities, and by making and/or permitting material, false and misleading statements
to be made concerning EDS’s business prospects, financial condition and expected financial
results in connection with EDS’s contracts with the U.S. Navy Marine Corps and WorldCom.
In settlement of the action, EDS agreed, among other provisions, to:
limits on the number of current EDS employees that may serve as board members
and limits on the number of non-independent directors;
limits on the number of other boards on which independent directors may serve;
requirements for the compensation and benefits committee to retain an independent
expert consultant to review executive officer compensation;
formalize certain responsibilities of the audit committee in connection with its role of
assisting the board of directors in its oversight of the integrity of the company’s
financial statements;
a requirement for new directors to complete an orientation program, which shall
include information about principles of corporate governance;
a prohibition on repricing stock options at a lower exercise price without shareholder
approval;
change of director election standards from a plurality standard to a majority vote
standard;
change from classified board to annual election of directors;
elimination of all supermajority voting requirements;
a termination of rights plan; and
adopt corporate governance guidelines, including: requirement that a substantial
majority of directors be outside, independent directors with no significant financial or
personal tie to EDS; that all board committees be composed entirely of independent
directors; and other significant additional practices and policies to assist the board
in the performance of its duties and the exercise of its responsibilities to
shareholders.
Robbins Geller lawyers are also currently prosecuting shareholder derivative actions against
executives at several companies charged with violating the Foreign Corrupt Practices Act and have
obtained an injunction preventing the recipient of the illegally paid bribe payments at one prominent
international arms manufacturer from removing those funds from the United States while the action
is pending. In another ongoing action, Robbins Geller lawyers are prosecuting audit committee
members who knowingly authorized the payment of illegal “security payments” to a terrorist group
though expressly prohibited by U.S. law. As artificial beings, corporations only behave – or
misbehave – as their directors and senior executives let them. So they are only as valuable as their
corporate governance. Shareholder derivative litigation enhances value by allowing shareholderowners to replace chaos and self-dealing with accountability.
Corporate Governance
While obtaining monetary recoveries for our clients is our primary focus, Robbins Geller attorneys
have also been at the forefront of securities fraud prevention. The Firm’s prevention efforts are
focused on creating important changes in corporate governance, either as part of the global
settlements of derivative and class cases or through court orders. Recent cases in which such
changes were made include:
Litig. No. 06-CV-1691 (D. Minn.). In the
UnitedHealth case, our client, CalPERS, obtained sweeping corporate governance
improvements, including the election of a shareholder-nominated member to the company’s
board of directors, a mandatory holding period for shares acquired by executives via option
exercises, as well as executive compensation reforms which tie pay to performance.
Trust
st v. Hanover Compressor Co.,
Pirelli Armstrong Tire Corp. Retiree Med. Benefits Tru
Co.
No. H-02-0410 (S.D. Tex.). Groundbreaking corporate governance changes obtained
include: direct shareholder nomination of two directors; mandatory rotation of the outside
audit firm; two-thirds of the board required to be independent; audit and other key
committees to be filled only by independent directors; and creation and appointment of lead
independent director with authority to set up board meetings.
Barry v. E*Trade Grp., Inc.,
Inc. No. CIV419804 (Cal. Super. Ct., San Mateo Cnty.). In
connection with settlement of derivative suit, excessive compensation of the company’s
CEO was eliminated (reduced salary from $800,000 to zero; bonuses reduced and to be
repaid if company restates earnings; reduction of stock option grant; and elimination of
future stock option grants) and important governance enhancements were obtained,
including the appointment of a new unaffiliated outside director as chair of board’s
compensation committee.
Through these efforts, Robbins Geller has been able to create substantial shareholder guarantees to
prevent future securities fraud. The Firm works closely with noted corporate governance consultant
Robert Monks and his firm, LENS Governance Advisors, to shape corporate governance remedies
for the benefit of investors.
Options Backdating Litigation
As has been widely reported in the media, the stock options backdating scandal suddenly engulfed
hundreds of publicly traded companies throughout the country in 2006. Robbins Geller was at the
forefront of investigating and prosecuting options backdating derivative and securities cases. The
Firm has recovered over $1 billion in damages on behalf of injured companies and shareholders.
In re KLAKLA- Tencor Corp. S’holder Derivative Litig.,
Litig. No. C-06-03445 (N.D. Cal.). After
successfully opposing the special litigation committee of the board of directors’ motion to
terminate the derivative claims, Robbins Geller recovered $43.6 million in direct financial
benefits for KLATencor, including $33.2 million in cash payments by certain former
executives and their directors’ and officers’ insurance carriers.
In re Marvell Technology Grp. Ltd. Derivative Litig.,
Litig. No. C-06-03894 (N.D. Cal.).
Robbins Geller recovered $54.9 million in financial benefits, including $14.6 million in cash,
for Marvell, in addition to extensive corporate governance reforms related to Marvell’s stock
option granting practices, board of directors’ procedures and executive compensation.
In re KB Home S’holder Derivative Litig.,
Litig. No. 06-CV-05148 (C.D. Cal.). Robbins Geller
served as co-lead counsel for the plaintiffs and recovered more than $31 million in financial
benefits, including $21.5 million in cash, for KB Home, plus substantial corporate
governance enhancements relating to KB Home’s stock option granting practices, director
elections and executive compensation practices.
In re F5 Networks, Inc. Derivative Litig.,
Litig. No. 81817-7 (Wash. Sup. Ct.). Robbins Geller
represented the plaintiffs in this precedent-setting stock option backdating derivative action,
where the Washington Supreme Court unanimously held that shareholders of Washington
corporations need not make a pre-suit litigation demand upon the board of directors where
such a demand would be a futile act. The Washington Supreme Court also adopted
Delaware’s less-stringent pleading standard for establishing backdating and futility of
demand in a shareholder derivative action, as urged by the plaintiffs.
Corporate Takeover Litigation
Robbins Geller has earned a reputation as the leading law firm in representing shareholders in
corporate takeover litigation. Through its aggressive efforts in prosecuting corporate takeovers, the
Firm has secured for shareholders billions of dollars of additional consideration as well as beneficial
changes for shareholders in the context of mergers and acquisitions.
The Firm regularly prosecutes merger and acquisition cases post-merger, often through trial, to
maximize the benefit for its shareholder class. Some of these cases include:
In re Del Monte Foods Co. S’holders
S’holders Litig.,
Litig. No. 6027-VCL (Del. Ch.). Robbins Geller
exposed the unseemly practice by investment bankers of participating on both sides of large
merger and acquisition transactions and ultimately secured an $89 million settlement for
shareholders of Del Monte. For efforts in achieving these results, the Robbins Geller
lawyers prosecuting the case were named Attorneys of the Year by California Lawyer
magazine in 2012.
In re Kinder Morgan, Inc. S’holders Litig.,
Litig. No. 06-C-801 (Kan. Dist. Ct., Shawnee Cnty.).
In the largest recovery ever for corporate takeover litigation, the Firm negotiated a settlement
fund of $200 million in 2010.
In re Chaparral Res., Inc. S’holders Litig.,
Litig. No. 2633-VCL (Del. Ch.). After a full trial and a
subsequent mediation before the Delaware Chancellor, the Firm obtained a common fund
settlement of $41 million (or 45% increase above merger price) for both class and appraisal
claims.
In re TD Banknorth S’holders Litig.,
Litig. No. 2557-VCL (Del. Ch.). After objecting to a
modest recovery of just a few cents per share, the Firm took over the litigation and obtained
a common fund settlement of $50 million.
In re eMachines, Inc. Merger Litig.,
Litig. No. 01-CC-00156 (Cal. Super. Ct., Orange Cnty.).
After four years of litigation, the Firm secured a common fund settlement of $24 million on
the brink of trial.
In re Prime Hospitality, Inc. S’holders Litig.,
Litig. No. 652-N (Del. Ch.). The Firm objected to a
settlement that was unfair to the class and proceeded to litigate breach of fiduciary duty
issues involving a sale of hotels to a private equity firm. The litigation yielded a common fund
of $25 million for shareholders.
In re Dollar Gen. Corp. S’holder Litig.,
Litig. No. 07MD-1 (Tenn. Cir. Ct., Davidson Cnty.). As
lead counsel, the Firm secured a recovery of up to $57 million in cash for former Dollar
General shareholders on the eve of trial.
In re UnitedGlobalCom, Inc. S’holder Litig.,
Litig. No. 1012-VCS (Del. Ch.). The Firm secured
a common fund settlement of $25 million just weeks before trial.
Robbins Geller has also obtained significant benefits for shareholders, including increases in
consideration and significant improvements to merger terms. Some of these cases include:
Harrah’s Entertainment,
Entertainment No. A529183 (Nev. Dist. Ct., Clark Cnty.). The Firm’s active
prosecution of the case on several fronts, both in federal and state court, assisted Harrah’s
shareholders in securing an additional $1.65 billion in merger consideration.
In re Chiron S’holder Deal Litig.,
Litig. No. RG 05-230567 (Cal. Super. Ct., Alameda Cnty.).
The Firm’s efforts helped to obtain an additional $800 million in increased merger
consideration for Chiron shareholders.
In re PeopleSoft, Inc. S’holder Litig.,
Litig. No. RG-03100291 (Cal. Super. Ct., Alameda Cnty.).
The Firm successfully objected to a proposed compromise of class claims arising from
takeover defenses by PeopleSoft, Inc. to thwart an acquisition by Oracle Corp., resulting in
shareholders receiving an increase of over $900 million in merger consideration.
ACS S’holder Litig.,
Litig. No. CC-09-07377-C (Tex. Cnty. Ct., Dallas Cnty.). The Firm forced
ACS’s acquirer, Xerox, to make significant concessions by which shareholders would not be
locked out of receiving more money from another buyer.
Insurance
Fraud and collusion in the insurance industry by executives, agents, brokers, lenders and others is
one of the most costly crimes in the United States. Some experts have estimated the annual cost of
white collar crime in the insurance industry to be over $120 billion nationally. Recent legislative
proposals seek to curtail anti-competitive behavior within the industry. However, in the absence of
comprehensive regulation, Robbins Geller has played a critical role as private attorney general in
protecting the rights of consumers against insurance fraud and other unfair business practices
within the insurance industry.
Robbins Geller attorneys have long been at the forefront of litigating race discrimination issues
within the life insurance industry. For example, the Firm has fought the practice by certain insurers
of charging African-Americans and other people of color more for life insurance than similarly
situated Caucasians. The Firm recovered over $400 million for African-Americans and other
minorities as redress for civil rights abuses, including landmark recoveries in McNeil v. American
General Life & Accident Insurance Company; Thompson v. Metropolitan Life Insurance Company;
and Williams v. United Insurance Company of America.
The Firm’s attorneys fight on behalf of elderly victims targeted for the sale of deferred annuity
products with hidden sales loads and illusory bonus features. Sales agents for life insurance
companies such as Allianz Life Insurance Company of North America, Midland National Life
Insurance Company, and National Western Life Insurance Company targeted senior citizens for
these annuities with lengthy investment horizons and high sales commissions. The Firm recovered
millions of dollars for elderly victims and seeks to ensure that senior citizens are afforded full and
accurate information regarding deferred annuities.
Robbins Geller attorneys also stopped the fraudulent sale of life insurance policies based on
misrepresentations about how the life insurance policy would perform, the costs of the policy, and
whether premiums would “vanish.” Purchasers were also misled about the financing of a new life
insurance policy, falling victim to a “replacement” or “churning” sales scheme where they were
convinced to use loans, partial surrenders or withdrawals of cash values from an existing permanent
life insurance policy to purchase a new policy.
Brokerage “Pay to Play” Cases.
On behalf of individuals, governmental entities,
Cases
businesses, and non-profits, Robbins Geller has sued the largest commercial and employee
benefit insurance brokers and insurers for unfair and deceptive business practices. While
purporting to provide independent, unbiased advice as to the best policy, the brokers failed
to adequately disclose that they had entered into separate “pay to play” agreements with
certain third-party insurance companies.
These agreements provide additional
compensation to the brokers based on such factors as profitability, growth and the volume
of insurance that they place with a particular insurer, and are akin to a profit-sharing
arrangement between the brokers and the insurance companies. These agreements create
a conflict of interest since the brokers have a direct financial interest in selling their
customers only the insurance products offered by those insurance companies with which
the brokers have such agreements.
Robbins Geller attorneys were among the first to uncover and pursue the allegations of
these practices in the insurance industry in both state and federal courts. On behalf of the
California Insurance Commissioner, the Firm brought an injunctive case against the biggest
employee benefit insurers and local San Diego brokerage, ULR, which resulted in major
changes to the way they did business. The Firm also sued on behalf of the City and County
of San Francisco to recover losses due to these practices. Finally, Robbins Geller
represents a putative nationwide class of individuals, businesses, employers, and
governmental entities against the largest brokerage houses and insurers in the nation. To
date, the Firm has obtained over $200 million on behalf of policyholders and enacted
landmark business reforms.
Discriminatory Credit Scoring and Redlining Cases.
Cases Robbins Geller attorneys have
prosecuted cases concerning countrywide schemes of alleged discrimination carried out by
Nationwide, Allstate, and other insurance companies against African-American and other
persons of color who are purchasers of homeowner and automobile insurance policies.
Such discrimination includes alleged redlining and the improper use of “credit scores,”
which disparately impact minority communities. Plaintiffs in these actions have alleged that
the insurance companies’ corporate-driven scheme of intentional racial discrimination
includes refusing coverage and/or charging them higher premiums for homeowners and
automobile insurance. On behalf of the class of aggrieved policyholders, the Firm has
recovered over $400 million for these predatory and racist policies.
Senior Annuities.
Annuities Insurance companies and their agents target senior citizens for the sale
of long-term deferred annuity products and misrepresent or otherwise fail to disclose the
extremely high costs, including sales commissions. These annuities and their high costs are
particularly harmful to seniors because they do not mature for 15 or 20 years, often beyond
the elderly person’s life expectancy. Also, they carry exorbitant surrender charges if cashed
in before they mature. As a result, the annuitant’s money is locked up for years, and the
victims or their loved ones are forced to pay high surrender charges if they need to get it out
early. Nevertheless, many companies and their sales agents intentionally target the elderly
for their deferred annuity products, holding seminars in retirement centers and nursing
homes, and through pretexts such as wills and estate planning or financial advice. The Firm
has filed lawsuits against a number of life insurance companies, including Allianz Life
Insurance Company of North America, Midland National Life Insurance Company, and
Jackson National Insurance Company, in connection with the marketing and sales of
deferred annuities to senior citizens. We are investigating similar practices by other
companies.
Antitrust
Robbins Geller’s antitrust practice focuses on representing businesses and individuals who have
been the victims of price-fixing, unlawful monopolization, market allocation, tying and other anticompetitive conduct. The Firm has taken a leading role in many of the largest federal and state
price-fixing, monopolization, market allocation and tying cases throughout the United States.
Litig., 05 MDL
In re Payment Card Interchange Fee and Merchant Discount Antitrust Litig.
No. 1720 (E.D.N.Y.). Robbins Geller attorneys are co-lead counsel in a case that has
resulted in the largest-ever antitrust class action settlement. In December 2013, the district
judge granted final approval of a settlement that will provide approximately $5.7 billion to
class members, in addition to injunctive relief. Plaintiffs, merchants that accept Visa or
MasterCard, alleged that the defendants’ collective imposition of rules governing payment
card acceptance violated federal and state antitrust laws. The court commended class
counsel for “achieving substantial value” for the class through their “extraordinary efforts,”
and said they litigated the case with “skill and tenacity.” The trial court’s final approval
decision is currently on appeal.
In re Currency Conversion Fee Antitrust Litig.,
Litig. 01 MDL No. 1409 (S.D.N.Y.). Robbins
Geller attorneys recovered $336 million for credit and debit cardholders in this multi-district
litigation in which the Firm served as co-lead counsel. The court praised the Firm as
“indefatigable” and noted that the Firm’s lawyers “represented the Class with a high degree
of professionalism, and vigorously litigated every issue against some of the ablest lawyers in
the antitrust defense bar.”
The Apple iPod iTunes Antitrust Litig.,
Litig. No. C-05-00037-JW (N.D. Cal.). The Firm is lead
counsel for a class of iPod purchasers who challenged Apple’s use of iPod software and
firmware updates to prevent consumers who purchased music from non-Apple sources from
playing it on their iPods. Apple’s conduct resulted in monopolies in the digital music and
portable digital music player markets and enabled the company to charge inflated prices for
millions of iPods. The certified class includes individuals and businesses that purchased
iPods directly from Apple between September 12, 2006 and March 31, 2009. Plaintiffs
expect to try the case in 2014.
In re Aftermarket Automotive
Automotive Lighting Products Antitrust Litig.,
Litig. 09 MDL No. 2007 (C.D.
Cal.). Robbins Geller attorneys are co-lead counsel in this multi-district litigation in which
plaintiffs allege that defendants conspired to fix prices and allocate markets for automotive
lighting products. The last defendants settled just before the scheduled trial, resulting in
total settlements of more than $50 million. Commenting on the quality of representation, the
court commended the Firm for “expend[ing] substantial and skilled time and efforts in an
efficient manner to bring this action to conclusion.”
Dahl v. Bain Capital Partners, LLC,
LLC No. 07-cv-12388-EFH (D. Mass). Robbins Geller
attorneys are co-lead counsel on behalf of shareholders in this action against the nation’s
largest private equity firms who have colluded to restrain competition to suppress prices
paid to shareholders of public companies in connection with leveraged buyouts. The trial
court denied in part the defendants’ motion to dismiss and after the completion of discovery,
the court also largely denied defendants’ motion for summary judgment.
In re Digital Music Antitrust Litig.,
Litig. 06 MDL No. 1780 (S.D.N.Y.). Robbins Geller attorneys
are co-lead counsel in an action against the major music labels (Sony-BMG, EMI, Universal
and Warner Music Group) in a case involving music that can be downloaded digitally from
the Internet. Plaintiffs allege that defendants restrained the development of digital
downloads and agreed to fix the distribution price of digital downloads at supracompetitive
prices. Plaintiffs also allege that as a result of defendants’ restraint of the development of
digital downloads, and the market and price for downloads, defendants were able to
maintain the prices of their CDs at supracompetitive levels. The Second Circuit Court of
Appeals upheld plaintiffs’ complaint, reversing the trial court’s dismissal. Discovery is
ongoing.
In re NASDAQ MarketMarket-Makers Antitrust Litig.,
Litig. MDL No. 1023 (S.D.N.Y.). Robbins Geller
attorneys served as co-lead counsel in this case in which investors alleged that NASDAQ
market-makers set and maintained artificially wide spreads pursuant to an industry-wide
conspiracy. After three and one half years of intense litigation, the case settled for a total of
$1.027 billion, at the time the largest ever antitrust settlement.
In re Carbon Black Antitrust Litig.,
Litig. MDL No. 1543 (D. Mass.). Robbins Geller attorneys
recovered $20 million for the class in this multi-district litigation in which the Firm served as
co-lead counsel. Plaintiffs purchased carbon black from major producers that unlawfully
conspired to fix the price of carbon black, which is used in the manufacture of tires, rubber
and plastic products, inks and other products, from 1999 to 2005.
In re Dynamic Random Access
Access Memory (DRAM) Antitrust Litig.,
Litig. 02 MDL No. 1486
(N.D. Cal.). Robbins Geller attorneys served on the executive committee in this multi-district
class action in which a class of purchasers of dynamic random access memory (or DRAM)
chips alleged that the leading manufacturers of semiconductor products fixed the price of
DRAM chips from the fall of 2001 through at least the end of June 2002. The case settled
for more than $300 million.
Microsoft II- V Cases,
Cases JCCP No. 4106 (Cal. Super. Ct., San Francisco Cnty.). Robbins
Geller attorneys served on the executive committee in these consolidated cases in which
California indirect purchasers challenged Microsoft’s illegal exercise of monopoly power in
the operating system, word processing and spreadsheet markets. In a settlement approved
by the court, class counsel obtained an unprecedented $1.1 billion worth of relief for the
business and consumer class members who purchased the Microsoft products.
Consumer Fraud
In our consumer-based economy, working families who purchase products and services must
receive truthful information so they can make meaningful choices about how to spend their hardearned money. When financial institutions and other corporations deceive consumers or take
advantage of unequal bargaining power, class action suits provide, in many instances, the only
realistic means for an individual to right a corporate wrong.
Robbins Geller attorneys represent consumers around the country in a variety of important, complex
class actions. Our attorneys have taken a leading role in many of the largest federal and state
consumer fraud, environmental, human rights and public health cases throughout the United States.
The Firm is also actively involved in many cases relating to banks and the financial services industry,
pursuing claims on behalf of individuals victimized by abusive telemarketing practices, abusive
mortgage lending practices, market timing violations in the sale of variable annuities, and deceptive
consumer credit lending practices in violation of the Truth-In-Lending Act. Below are a few
representative samples of our robust, nationwide consumer practice.
Bank Overdraft Fees Litigation.
Litigation The banking industry charges consumers exorbitant
amounts for “overdraft” of their checking accounts, even if the customer did not authorize a
charge beyond the available balance and even if the account would not have been
overdrawn had the transactions been ordered chronologically as they occurred – that is,
banks reorder transactions to maximize such fees. The Firm brought lawsuits against major
banks to stop this practice and recover these false fees. These cases have recovered over
$500 million thus far from a dozen banks and we continue to investigate other banks
engaging in this practice.
Chase Bank Home Equity Line of Credit Litigation.
Litigation In October 2008, after receiving $25
billion in TARP funding to encourage lending institutions to provide businesses and
consumers with access to credit, Chase Bank began unilaterally suspending its customers’
home equity lines of credit. Plaintiffs charge that Chase Bank did so using an unreliable
computer model that did not reliably estimate the actual value of its customers’ homes, in
breach of the borrowers’ contracts. The Firm brought a lawsuit to secure damages on
behalf of borrowers whose credit lines were improperly suspended. In early 2013, the court
approved a settlement that restored billions of dollars of credit to tens of thousands of
borrowers, while requiring Chase to make cash payments to former customers. The total
value of this settlement is projected between $3 and $4 billion.
Visa and MasterCard Fees.
Fees After years of litigation and a six-month trial, Robbins Geller
attorneys won one of the largest consumer-protection verdicts ever awarded in the United
States. The Firm’s attorneys represented California consumers in an action against Visa and
MasterCard for intentionally imposing and concealing a fee from cardholders. The court
ordered Visa and MasterCard to return $800,000,000 in cardholder losses, which
represented 100% of the amount illegally taken, plus 2% interest. In addition, the court
ordered full disclosure of the hidden fee.
West Telemarketing Case.
Case Robbins Geller attorneys secured a $39 million settlement for
class members caught up in a telemarketing scheme where consumers were charged for an
unwanted membership program after purchasing Tae-Bo exercise videos. Under the
settlement, consumers were entitled to claim between one and one-half to three times the
amount of all fees they unknowingly paid.
Dannon Activia®.
Robbins Geller attorneys secured the largest ever settlement for a false
Activia
advertising case involving a food product. The case alleged that Dannon’s advertising for its
Activia® and DanActive® branded products and their benefits from “probiotic” bacteria
were overstated. As part of the nationwide settlement, Dannon agreed to modify its
advertising and establish a fund of up to $45 million to compensate consumers for their
purchases of Activia® and DanActive®.
Mattel Lead Paint Toys.
Toys In 2006-2007, toy manufacturing giant Mattel, and its subsidiary
Fisher-Price, announced the recall of over 14 million toys made in China due to hazardous
lead and dangerous magnets. Robbins Geller attorneys filed lawsuits on behalf of millions of
parents and other consumers who purchased or received toys for children that were
marketed as safe but were later recalled because they were dangerous. The Firm’s
attorneys reached a landmark settlement for millions of dollars in refunds and lead testing
reimbursements, as well as important testing requirements to ensure that Mattel’s toys are
safe for consumers in the future.
Tenet Healthcare Cases.
Cases Robbins Geller attorneys were co-lead counsel in a class action
alleging a fraudulent scheme of corporate misconduct, resulting in the overcharging of
uninsured patients by the Tenet chain of hospitals. The Firm’s attorneys represented
uninsured patients of Tenet hospitals nationwide who were overcharged by Tenet’s
admittedly “aggressive pricing strategy,” which resulted in price gouging of the uninsured.
The case was settled with Tenet changing its practices and making refunds to patients.
Intellectual Property
Individual inventors, universities, and research organizations provide the fundamental research
behind many existing and emerging technologies. Every year, the majority of U.S. patents are issued
to this group of inventors. Through this fundamental research, these inventors provide a significant
competitive advantage to this country. Unfortunately, while responsible for most of the inventions
that issue into U.S. patents every year, individual inventors, universities and research organizations
receive very little of the licensing revenues for U.S. patents. Large companies reap 99% of all
patent licensing revenues.
Robbins Geller enforces the rights of these inventors by filing and litigating patent infringement
cases against infringing entities. Our attorneys have decades of patent litigation experience in a
variety of technical applications. This experience, combined with the Firm’s extensive resources,
gives individual inventors the ability to enforce their patent rights against even the largest infringing
companies.
Our attorneys have experience handling cases involving a broad range of technologies, including:
biochemistry
telecommunications
medical devices
medical diagnostics
networking systems
computer hardware devices and software
mechanical devices
video gaming technologies
audio and video recording devices
Current intellectual property cases include:
Inc., No. 10-CVvTRAX Technologies Licensing, Inc. v. Siemens Communications, Inc.
80369 (S.D. Fla.). Counsel for plaintiff vTRAX Technologies in a patent infringement action
involving U.S. Patent No. 6,865,268 for “Dynamic, Real-Time Call Tracking for Web-Based
Customer Relationship Management.”
U.S. Ethernet Innovations.
Innovations Counsel for plaintiff U.S. Ethernet Innovations, owner of the
3Com Ethernet Patent Portfolio, in multiple patent infringement actions involving U.S. Patent
Nos. 5,307,459 for “Network Adapter with Host Indication Optimization,” 5,434,872 for
“Apparatus for Automatic Initiation of Data Transmission,” 5,732,094 for “Method for
Automatic Initiation of Data Transmission,” and 5,299,313 for “Network Interface with Host
Independent Buffer Management.”
SIPCO, LLC v. Johnson Controls, Inc.,
Inc. No. 09-CV-532 (E.D. Tex.). Counsel for plaintiff
SIPCO in a patent infringement action involving U.S. Patent Nos. 7,103,511 for “Wireless
Communications Networks for Providing Remote Monitoring of Devices” and 6,437,692 and
7,468,661 for “System and Method for Monitoring and Controlling Remote Devices.”
SIPCO, LLC v. Florida Power & Light Co.,
Co. No. 09-CV-22209 (S.D. Fla.). Counsel for
plaintiff SIPCO, LLC in a patent infringement action involving U.S. Patent Nos. 6,437,692,
7,053,767 and 7,468,661, entitled “System and Method for Monitoring and Controlling
Remote Devices.”
IPCO, LLC v. Cellnet Technology, Inc.,
Inc. No. 05-CV-2658 (N.D. Ga.). Counsel for plaintiff
IPCO, LLC in a patent infringement action involving U.S. Patent No. 6,044,062 for a
“Wireless Network System and Method for Providing Same” and U.S. Patent No. 6,249,516
for a “Wireless Network Gateway and Method for Providing Same.”
IPCO, LLC v. Tropos Networks, Inc.,
Inc. No. 06-CV-585 (N.D. Ga.). Counsel for plaintiff
IPCO, LLC in a patent infringement action involving U.S. Patent No. 6,044,062 for a
“Wireless Network System and Method for Providing Same” and U.S. Patent No. 6,249,516
for a “Wireless Network Gateway and Method for Providing Same.”
Jardin
Jardin v. Datallegro, Inc.,
Inc. No. 08-CV-01462 (S.D. Cal.). Counsel for plaintiff Cary Jardin in
a patent infringement action involving U.S. Patent No. 7,177,874 for a “System and Method
for Generating and Processing Results Data in a Distributed System.”
NorthPeak
Corporation, No. 09-CV-00602 (N.D. Cal.). Counsel
NorthPeak Wireless, LLC v. 3Com Corporation
for plaintiff NorthPeak Wireless, LLC in a multi-defendant patent infringement action
involving U.S. Patent Nos. 4,977,577 and 5,987,058 related to spread spectrum devices.
PageMelding,
PageMelding, Inc. v. Feeva Technology, Inc.,
Inc. No. 08-CV-03484 (N.D. Cal.). Counsel for
plaintiff PageMelding, Inc. in a patent infringement action involving U.S. Patent No.
6,442,577 for a “Method and Apparatus for Dynamically Forming Customized Web Pages
for Web Sites.”
SIPCO, LLC v. Amazon.com, Inc., No. 08-CV-359 (E.D. Tex.). Counsel for plaintiff
SIPCO in a multi-defendant patent infringement action involving U.S. Patent No. 6,891,838
for a “System and Method for Monitoring and Controlling Residential Devices” and U.S.
Patent No. 7,103,511 for “Wireless Communication Networks for Providing Remote
Monitoring Devices.”
Pro Bono
Robbins Geller attorneys have a distinguished record of pro bono work. In 1999, the Firm’s lawyers
were finalists for the San Diego Volunteer Lawyer Program’s 1999 Pro Bono Law Firm of the Year
Award, for their work on a disability-rights case. In 2003, when the Firm’s lawyers were nominated
for the California State Bar President’s Pro Bono Law Firm of the Year award, the State Bar
President praised them for “dedication to the provision of pro bono legal services to the poor” and
“extending legal services to underserved communities.”
Lawyers from the Firm currently represent pro bono clients through the San Diego Volunteer Lawyer
Program and the San Francisco Bar Association Volunteer Legal Services Program. Those efforts
include representing tenants in eviction proceedings against major banks involved in “robo-signing”
foreclosure documents and defending several consumer collection actions.
In 2013, Regis Worley, an associate in the Firm’s San Diego office, successfully obtained political
asylum for an indigent gentleman from Nicaragua who was persecuted by the Sandinistas on
account of his political opinions. This pro bono representation spanned a period of approximately
four years and included a successful appeal to the Board of Immigration Appeals. Mr. Worley’s hard
work, tenacity and dedication was recognized through his receipt of Casa Cornelia Law Center’s
“Inn of Court Pro Bono Publico Award” for outstanding contribution to the legal profession
representing victims of human and civil rights violations.
In 2010, Robbins Geller partner Lucas F. Olts represented 19 San Diego County children
diagnosed with Autism Spectrum Disorder in the appeal of a decision to terminate state funding for
a crucial therapy. Mr. Olts successfully tried the consolidated action before the Office of
Administrative Hearings, resulting in a complete reinstatement of funding and allowing other children
to obtain the treatment.
In 2010, Christopher M. Wood, an associate in the Firm’s San Francisco office, began providing
amicus briefing in an appeal to the Ninth Circuit from a Board of Immigration Appeals decision to
deport a person who had pled no contest to a broadly drafted section of the Penal Code.
Consistent with practice in California state courts, the prosecutor had substituted the word “and” for
the word “or” when describing the section of the Penal Code in the charging document. The issue
was whether the no contest plea was an admission of only the elements necessary for a conviction,
or whether the plea was a complete admission of every allegation. Mr. Wood drafted 3 briefs
explaining that, based on 145 years of California precedent, the Ninth Circuit should hold that a no
contest plea standing alone constituted an admission of enough elements to support a conviction
and nothing more. After briefing had been completed, a separate panel of the Ninth Circuit issued a
decision adopting several of the arguments of Mr. Wood’s briefing. In October 2012, the Ninth
Circuit issued an order granting the petition sought by Mr. Wood’s case and remanding it back to
the Board of Immigration Appeals.
As another example, one of the Firm’s lawyers obtained political asylum, after an initial application for
political asylum had been denied, for an impoverished Somali family whose ethnic minority faced
systematic persecution and genocidal violence in Somalia. The family’s female children also faced
forced genital mutilation if returned to Somalia.
The Firm’s lawyers worked as cooperating attorneys with the ACLU in a class action filed on behalf
of welfare applicants subject to San Diego County’s “Project 100%” program, which sent
investigators from the D.A.’s office (Public Assistance Fraud Division) to enter and search the home
of every person applying for welfare benefits, and to interrogate neighbors and employers – never
explaining they had no reason to suspect wrongdoing. Real relief was had when the County
admitted that food-stamp eligibility could not hinge upon the Project 100% “home visits,” and again
when the district court ruled that unconsented “collateral contacts” violated state regulations. The
district court’s ruling that CalWORKs aid to needy families could be made contingent upon consent
to the D.A.’s “home visits” and “walk throughs,” was affirmed by the Ninth Circuit with eight judges
vigorously dissenting from denial of en banc rehearing. Sanchez v. County of San Diego, 464 F.3d
916 (9th Cir. 2006), reh’g denied 483 F.3d 965 (9th Cir. 2007), and cert. denied, 552 U.S. 1038
(2007). The decision was noted by the Harvard Law Review (Ninth Circuit Upholds Conditioning
Receipt of Welfare Benefits on Consent to Suspicionless Home Visits, 120 Harv. L. Rev. 1996
(2007)), The New York Times (Adam Lipak, Full Constitutional Protection for Some, but No Privacy
for the Poor, N.Y. Times July 16, 2007), and even The Colbert Report (Season 3, Episode 3,
Orginally broadcast by Comedy Central on July 23, 2007).
Senior appellate partner Eric Alan Isaacson has in a variety of cases filed amicus curiae briefs on
behalf of religious organizations and clergy supporting civil rights, opposing government-backed
religious-viewpoint discrimination, and generally upholding the American traditions of religious
freedom and church-state separation. Organizations represented as amici curiae in such matters
have included the California Council of Churches, Union for Reform Judaism, Jewish
Reconstructionist Federation, United Church of Christ, Unitarian Universalist Association of
Congregations, Unitarian Universalist Legislative Ministry – California, and California Faith for
Equality.
Human Rights, Labor Practices and Public Policy
Robbins Geller attorneys have a long tradition of representing the victims of unfair labor practices
and violations of human rights. These include:
Does I v. The Gap, Inc.,
Inc. No. 01 0031 (D. N. Mar. I.). In this groundbreaking case, Robbins
Geller attorneys represented a class of 30,000 garment workers who alleged that they had
worked under sweatshop conditions in garment factories in Saipan that produced clothing
for top U.S. retailers such as The Gap, Target and J.C. Penney. In the first action of its kind,
Robbins Geller attorneys pursued claims against the factories and the retailers alleging
violations of RICO, the Alien Tort Claims Act, and the Law of Nations based on the alleged
systemic labor and human rights abuses occurring in Saipan. This case was a companion to
two other actions: Does I v. Advance Textile Corp.,
Corp. No. 99 0002 (D. N. Mar. I.), which
alleged overtime violations by the garment factories under the Fair Labor Standards Act and
local labor law, and UNITE v. The Gap, Inc.,
Inc. No. 300474 (Cal. Super. Ct., San Francisco
Cnty.), which alleged violations of California’s Unfair Practices Law by the U.S. retailers.
These actions resulted in a settlement of approximately $20 million that included a
comprehensive monitoring program to address past violations by the factories and prevent
future ones. The members of the litigation team were honored as Trial Lawyers of the Year
by the Trial Lawyers for Public Justice in recognition of the team’s efforts at bringing about
the precedent-setting settlement of the actions.
Kasky v. Nike, Inc.,
Inc. 27 Cal. 4th 939 (2002). The California Supreme Court upheld claims
that an apparel manufacturer misled the public regarding its exploitative labor practices,
thereby violating California statutes prohibiting unfair competition and false advertising. The
Court rejected defense contentions that any misconduct was protected by the First
Amendment, finding the heightened constitutional protection afforded to noncommercial
speech inappropriate in such a circumstance.
Shareholder derivative litigation brought by Robbins Geller attorneys at times also involves stopping
anti-union activities, including:
Southern Pacific/Overnite.
Pacific/Overnite A shareholder action stemming from several hundred million
dollars in loss of value in the company due to systematic violations by Overnite of U.S. labor
laws.
Massey Energy.
Energy A shareholder action against an anti-union employer for flagrant violations
of environmental laws resulting in multi-million-dollar penalties.
Crown Petroleum.
Petroleum A shareholder action against a Texas-based oil company for selfdealing and breach of fiduciary duty while also involved in a union lockout.
Environment and Public Health
Robbins Geller attorneys have also represented plaintiffs in class actions related to environmental
law. The Firm’s attorneys represented, on a pro bono basis, the Sierra Club and the National
Economic Development and Law Center as amici curiae in a federal suit designed to uphold the
federal and state use of project labor agreements (“PLAs”). The suit represented a legal challenge
to President Bush’s Executive Order 13202, which prohibits the use of project labor agreements on
construction projects receiving federal funds. Our amici brief in the matter outlined and stressed the
significant environmental and socio-economic benefits associated with the use of PLAs on largescale construction projects.
Attorneys with Robbins Geller have been involved in several other significant environmental cases,
including:
Public Citizen v. U.S. D.O.T. Robbins Geller attorneys represented a coalition of labor,
environmental, industry and public health organizations including Public Citizen, The
International Brotherhood of Teamsters, California AFL-CIO and California Trucking Industry
in a challenge to a decision by the Bush Administration to lift a Congressionally-imposed
“moratorium” on cross-border trucking from Mexico on the basis that such trucks do not
conform to emission controls under the Clean Air Act, and further, that the Administration
did not first complete a comprehensive environmental impact analysis as required by the
National Environmental Policy Act. The suit was dismissed by the United States Supreme
Court, the Court holding that because the D.O.T. lacked discretion to prevent crossborder
trucking, an environmental assessment was not required.
Sierra Club v. AK Steel.
Steel Brought on behalf of the Sierra Club for massive emissions of air
and water pollution by a steel mill, including homes of workers living in the adjacent
communities, in violation of the Federal Clean Air Act, Resource Conservation Recovery Act
and the Clean Water Act.
MTBE Litigation.
Litigation Brought on behalf of various water districts for befouling public drinking
water with MTBE, a gasoline additive linked to cancer.
Exxon Valdez.
Valdez Brought on behalf of fisherman and Alaska residents for billions of dollars in
damages resulting from the greatest oil spill in U.S. history.
Avila Beach.
Beach A citizens’ suit against UNOCAL for leakage from the oil company pipeline so
severe it literally destroyed the town of Avila Beach, California.
Federal laws such as the Clean Water Act, the Clean Air Act, and the Resource Conservation and
Recovery Act and state laws such as California’s Proposition 65 exist to protect the environment
and the public from abuses by corporate and government organizations. Companies can be found
liable for negligence, trespass or intentional environmental damage, be forced to pay for reparations
and to come into compliance with existing laws. Prominent cases litigated by Robbins Geller
attorneys include representing more than 4,000 individuals suing for personal injury and property
damage related to the Stringfellow Dump Site in Southern California, participation in the Exxon
Valdez oil spill litigation, and litigation involving the toxic spill arising from a Southern Pacific train
derailment near Dunsmuir, California.
Robbins Geller attorneys have led the fight against Big Tobacco since 1991. As an example,
Robbins Geller attorneys filed the case that helped get rid of Joe Camel, representing various public
and private plaintiffs, including the State of Arkansas, the general public in California, the cities of
San Francisco, Los Angeles and Birmingham, 14 counties in California, and the working men and
women of this country in the Union Pension and Welfare Fund cases that have been filed in 40
states. In 1992, Robbins Geller attorneys filed the first case in the country that alleged a conspiracy
by the Big Tobacco companies.
Notable Clients
Public Fund Clients
Alaska Department of Revenue
Alaska Permanent Capital Management Company
Alaska State Pension Investment Board
California Public Employees’ Retirement System
California State Teachers’ Retirement System
City of Birmingham Retirement & Relief Fund
Illinois State Board of Investment
Robbins Geller Rudman & Dowd LLP Firm Resume Notable Clients | 18
Los Angeles County Employees Retirement Association
Milwaukee Employees’ Retirement System
Minnesota State Board of Investment
New Hampshire Retirement System
New Mexico Educational Retirement Board
New Mexico Public Employees Retirement Association
New Mexico State Investment Council
Ohio Bureau of Workers’ Compensation
Ohio Police and Fire Pension Fund
Ohio Public Employees’ Retirement System
Ohio State Highway Patrol Retirement System
Pompano Beach Police & Firefighters’ Retirement System
Public Employee Retirement System of Idaho
School Employees Retirement System of Ohio
State of Wisconsin Investment Board
State Teachers Retirement System of Ohio
State Universities Retirement System of Illinois
Teachers’ Retirement System of the State of Illinois
Tennessee Consolidated Retirement System
The Regents of the University of California
Vermont Pension Investment Committee
Washington State Investment Board
Wayne County Employees’ Retirement System
West Virginia Investment Management Board
Multi-Employer Clients
1199 SEIU Greater New York Pension Fund
Alaska Electrical Pension Fund
Alaska Ironworkers Pension Trust
Building Trades United Pension Trust Fund
Carpenters Health & Welfare Fund of Philadelphia & Vicinity
Carpenters Pension Fund of Baltimore, Maryland
Carpenters Pension Fund of Illinois
Carpenters Pension Fund of West Virginia
Central States, Southeast and Southwest Areas Pension Fund
Construction Workers Pension Trust Fund - Lake County and Vicinity
Employer-Teamsters Local Nos. 175 & 505 Pension Trust Fund
Hawaii Sheet Metal Workers Pension Fund
Heavy & General Laborers’ Local 472 & 172 Pension & Annuity Funds
IBEW Local 90 Pension Fund
IBEW Local 98 Pension Fund
IBEW Local Union No. 58 Annuity Fund
Indiana Laborers Pension Fund
International Brotherhood of Electrical Workers Local 697 Pension Fund
Laborers Local 100 and 397 Pension Fund
Laborers Pension Trust Fund for Northern Nevada
Local 731 I.B. of T. Excavators and Pavers Pension Trust Fund
Local 731 I.B. of T. Private Scavanger and Garage Attendants Pension Trust Fund
Local 731 I.B. of T. Textile Maintenance and Laundry Craft Pension Fund
Massachusetts Laborers’ Annuity Fund
Material Yard Workers Local 1175 Benefit Funds
National Retirement Fund
New England Carpenters Guaranteed Annuity Fund
New England Carpenters Pension Fund
New England Health Care Employees Pension Fund
Operating Engineers Construction Industry and Miscellaneous Pension Fund
Pipefitters Local No. 636 Defined Benefit Plan
Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund
Plumbers and Pipefitters National Pension Fund
Plumbers Local Union No. 519 Pension Trust Fund
Plumbers’ Union Local No. 12 Pension Fund
SEIU Pension Plans Master Trust
Southwest Carpenters Pension Trust
Teamsters Local 710 Pension Fund
United Brotherhood of Carpenters Pension Fund
Western Pennsylvania Electrical Employees Pension Fund
International Investors
Abu Dhabi Commercial Bank
China Development Industrial Bank
Global Investment Services Limited
Government of Bermuda Contributory Pension Plan
Government of Bermuda Tourism Overseas Pension Plan
Government of Bermuda, Public Service Superannuation Pension Plan
Gulf International Bank B.S.C.
Labourers’ Pension Fund of Central and Eastern Canada
Mn Services B.V.
National Agricultural Cooperative Federation
Ontario Municipal Employees Retirement System
Scottish Widows Investment Partnership Limited
The Bank of N.T. Butterfield & Son Limited
The City of Edinburgh Council on Behalf of the Lothian Pension Fund
The Council of the Borough of South Tyneside Acting in its Capacity as the Administering
Authority of the Tyne and Wear Pension Fund
The London Pensions Fund Authority
Wirral MBC on Behalf of the Merseyside Pension Fund
Wolverhampton City Council, Administering Authority for the West Midlands Metropolitan
Authorities Pension Fund
Additional Institutional Investors
Bank of Ireland Asset Management
Northwestern Mutual Life Insurance Company
Standard Life Investments
Prominent Cases, Precedent Setting Decisions and Judicial Commendations
Prominent Cases
Robbins Geller attorneys obtained outstanding results in some of the most notorious and wellknown cases, frequently earning judicial commendations for the quality of their representation.
In re Enron Corp. Sec. Litig.,
Litig No. H-01-3624 (S.D. Tex.). Investors lost billions of dollars
as a result of the massive fraud at Enron. In appointing Robbins Geller lawyers as sole lead
counsel to represent the interests of Enron investors, the court found that the Firm’s zealous
prosecution and level of “insight” set it apart from its peers. Robbins Geller attorneys and
lead plaintiff The Regents of the University of California aggressively pursued numerous
defendants, including many of Wall Street’s biggest banks, and successfully obtained
settlements in excess of $7.3 billion for the benefit of investors. This is the largest
aggregate class action settlement not only in a securities class action, but in class
action history.
history
The court overseeing this action had utmost praise for Robbins Geller’s efforts and stated
that “[t]he experience, ability, and reputation of the attorneys of [Robbins Geller] is not
disputed; it is one of the most successful law firms in securities class actions, if not the
preeminent one, in the country.” In re Enron Corp. Sec., Derivative & “ERISA” Litig., 586 F.
Supp. 2d 732, 797 (S.D. Tex. 2008).
The court further commented: “[I]n the face of extraordinary obstacles, the skills, expertise,
commitment, and tenacity of [Robbins Geller] in this litigation cannot be overstated. Not to
be overlooked are the unparalleled results, . . . which demonstrate counsel’s clearly
superlative litigating and negotiating skills.” Id. at 789.
The court stated that the Firm’s attorneys “are to be commended for their zealousness, their
diligence, their perseverance, their creativity, the enormous breadth and depth of their
investigations and analysis, and their expertise in all areas of securities law on behalf of the
proposed class.” Id. at 789.
In addition, the court noted, “This Court considers [Robbins Geller] ‘a lion’ at the securities
bar on the national level,” noting that the Lead Plaintiff selected Robbins Geller because of
the Firm’s “outstanding reputation, experience, and success in securities litigation
nationwide.” Id. at 790.
Judge Harmon further stated: “As this Court has explained [this is] an extraordinary group of
attorneys who achieved the largest settlement fund ever despite the great odds against
them.” Id. at 828.
Jaffe v. Household Int’l, Inc.,
Inc. No. 02-C-05893 (N.D. Ill). Sole lead counsel Robbins Geller
obtained a jury verdict on May 7, 2009, following a six-week trial in the Northern District of
Illinois, on behalf of a class of investors led by plaintiffs PACE Industry Union-Management
Pension Fund, the International Union of Operating Engineers, Local No. 132 Pension Plan,
and Glickenhaus & Company. On October 17, 2013, United States District Judge Ronald
A. Guzman entered a judgment of $2.46 billion – the largest judgment following a
securities fraud class action trial in history – against Household International (now HSBC
Finance Corporation) and three of its former top executives, William Aldinger, David
Schoenholz and Gary Gilmer. Since the enactment of the PSLRA in 1995, trials in
securities fraud cases have been rare. Only a handful of such cases have gone to verdict
since the passage of the PSLRA.
Robbins Geller Rudman & Dowd LLP Firm Resume Prominent Cases, Precedent Setting Decisions and Judicial Commendations | 22
Litig No. 06-CV-1691 (D. Minn.). In the
UnitedHealth case, Robbins Geller represented the California Public Employees’ Retirement
System (“CalPERS”) and demonstrated its willingness to vigorously advocate for its
institutional clients, even under the most difficult circumstances. For example, in 2006, the
issue of high-level executives backdating stock options made national headlines. During that
time, many law firms, including Robbins Geller, brought shareholder derivative lawsuits
against the companies’ boards of directors for breaches of their fiduciary duties or for
improperly granting backdated options. Rather than pursuing a shareholder derivative case,
the Firm filed a securities fraud class action against the company on behalf of CalPERS. In
doing so, Robbins Geller faced significant and unprecedented legal obstacles with respect
to loss causation, i.e., that defendants’ actions were responsible for causing the stock
losses. Despite these legal hurdles, Robbins Geller obtained an $895 million recovery on
behalf of the UnitedHealth shareholders. Shortly after reaching the $895 million settlement
with UnitedHealth, the remaining corporate defendants, including former CEO William A.
McGuire, also settled. Mr. McGuire paid $30 million and returned stock options
representing more than three million shares to the shareholders. The total recovery for the
class was over $925 million, the largest stock option backdating recovery ever, and a
recovery which is more than four times larger than the next largest options backdating
recovery.
Moreover, Robbins Geller obtained unprecedented corporate governance
recovery
reforms, including election of a shareholder-nominated member to the company’s board of
directors, a mandatory holding period for shares acquired by executives via option exercise,
and executive compensation reforms which tie pay to performance.
Litig., No. 05In re Payment Card Interchange Fee and Merchant Discount Antitrust Litig.
MD-1720 (E.D.N.Y.). In this antitrust class action brought on behalf of merchants that
accept Visa and MasterCard credit and debit cards, Robbins Geller, acting as co-lead
counsel, obtained the largestlargest- ever class action antitrust settlement.
settlement United States District
Judge John Gleeson recently approved the estimated $5.7 billion settlement, which also
provides merchants unprecedented injunctive relief that will lower their costs of doing
business. As Judge Gleeson put it: “For the first time, merchants will be empowered to
expose hidden bank fees to their customers, educate them about those fees, and use that
information to influence their customers’ choices of payment methods. In short, the
settlement gives merchants an opportunity at the point of sale to stimulate the sort of
network price competition that can exert the downward pressure on interchange fees they
seek.” The judge praised Robbins Geller and its co-lead counsel for taking on the
“unusually risky” case, and for “achieving substantial value for the class” through their
“extraordinary efforts.” They “litigated the case with skill and tenacity, as would be expected
to achieve such a result,” the judge said.
Litig.), No. 03 Civ.
Alaska Elec. Pension Fund v. CitiGroup, Inc. (In re WorldCom Sec. Litig.)
8269 (S.D.N.Y.). Robbins Geller attorneys represented more than 50 private and public
institutions that opted out of the class action case and sued WorldCom’s bankers, officers
and directors, and auditors in courts around the country for losses related to WorldCom
bond offerings from 1998 to 2001. The Firm’s clients included major public institutions from
across the country such as CalPERS, CalSTRS, the state pension funds of Maine, Illinois,
New Mexico and West Virginia, union pension funds, and private entities such as AIG and
Northwestern Mutual. Robbins Geller attorneys recovered more than $650 million for their
clients, substantially more than they would have recovered as part of the class.
Luther v. Countrywide Fin. Corp.,
Corp. No. 12-cv-05125 (C.D. Cal.). Robbins Geller attorneys
secured a $500 million settlement for institutional and individual investors in what is the
largest mortgage-backed securities class action settlement in history, and one of the largest
class action securities settlements of all time. The unprecedented settlement resolves
claims against Countrywide and Wall Street banks that issued the securities. The action
was the first securities class action case filed against originators and Wall Street banks as a
result of the credit crisis. As co-lead counsel Robbins Geller forged through six years of
hard-fought litigation, oftentimes litigating issues of first impression, in order to secure the
landmark settlement for its clients and the class.
In re Wachovia Preferred Sec. & Bond/Notes Litig.,
Litig. No. 09-cv-06351 (S.D.N.Y.). In
litigation over bonds and preferred securities, issued by Wachovia between 2006 and 2008,
Robbins Geller and co-counsel obtained a significant settlement with Wachovia successor
Wells Fargo & Company ($590 million) and Wachovia auditor KPMG LLP ($37 million).
The total settlement – $627 million – is the largest recovery under the Securities Act
of 1933 and one of the 15 largest securities class action recoveries in history.
history The
settlement is also one of the biggest securities class action recoveries arising from the credit
crisis.
As alleged in the complaint, the offering materials for the bonds and preferred securities
misstated and failed to disclose the true nature and quality of Wachovia’s mortgage loan
portfolio, which exposed the bank and misled investors to tens of billions of dollars in losses
on mortgage-related assets. In reality, Wachovia employed high-risk underwriting standards
and made loans to subprime borrowers, contrary to the offering materials and their
statements of “pristine credit quality.” Robbins Geller served as co-lead counsel
representing the City of Livonia Employees’ Retirement System, Hawaii Sheet Metal
Workers Pension Fund, and the investor class.
In re Cardinal Health, Inc. Sec. Litig.,
Litig. No. C2-04-575 (S.D. Ohio). As sole lead counsel
representing Cardinal Health shareholders, Robbins Geller obtained a recovery of $600
million for investors. On behalf of the lead plaintiffs, Amalgamated Bank, the New Mexico
State Investment Council, and the California Ironworkers Field Trust Fund, the Firm
aggressively pursued class claims and won notable courtroom victories, including a
favorable decision on defendants’ motion to dismiss. In re Cardinal Health, Inc. Sec. Litigs.,
426 F. Supp. 2d 688 (S.D. Ohio 2006). At the time, the $600 million settlement was the
tenth-largest settlement in the history of securities fraud litigation and is the largest-ever
recovery in a securities fraud action in the Sixth Circuit. Judge Marbley commented:
The quality of representation in this case was superb. Lead Counsel,
[Robbins Geller], are nationally recognized leaders in complex securities
litigation class actions. The quality of the representation is demonstrated by
the substantial benefit achieved for the Class and the efficient, effective
prosecution and resolution of this action. Lead Counsel defeated a volley of
motions to dismiss, thwarting well-formed challenges from prominent and
capable attorneys from six different law firms.
In re Cardinal Health Inc. Sec. Litigs., 528 F. Supp. 2d 752 (S.D. Ohio 2007).
AOL Time Warner Cases I & II,
II JCCP Nos. 4322 & 4325 (Cal. Super. Ct., Los Angeles
Cnty.). Robbins Geller represented The Regents of the University of California, six Ohio
state pension funds, Rabo Bank (NL), the Scottish Widows Investment Partnership, several
Australian public and private funds, insurance companies, and numerous additional
institutional investors, both domestic and international, in state and federal court opt-out
litigation stemming from Time Warner’s disastrous 2001 merger with Internet high flier
America Online. Robbins Geller attorneys exposed a massive and sophisticated accounting
fraud involving America Online’s e-commerce and advertising revenue. After almost four
years of litigation involving extensive discovery, the Firm secured combined settlements for
its opt-out clients totaling over $629 million just weeks before The Regents’ case pending in
California state court was scheduled to go to trial. The Regents’ gross recovery of $246
million is the largest individual opt-out securities recovery in history.
Abu Dhabi Commercial Bank v. Morgan Stanley & Co.,
Co. No. 1:08-cv-07508-SAS-DCF
(S.D.N.Y.), and King County, Washington v. IKB Deutsche Industriebank AG,
AG No. 1:09cv-08387-SAS (S.D.N.Y.).
The Firm represented multiple institutional investors in
successfully pursuing recoveries from two failed structured investment vehicles, each of
which had been rated “AAA” by Standard & Poors and Moody’s, but which failed
fantastically in 2007. The matter settled just prior to trial in 2013. This result was only made
possible after Robbins Geller lawyers beat back the rating agencies’ longtime argument that
ratings were opinions protected by the First Amendment.
In re HealthSouth Corp. Sec. Litig
Litig.,
itig No. CV-03-BE-1500-S (N.D. Ala.). As courtappointed co-lead counsel, Robbins Geller attorneys obtained a combined recovery of $671
million from HealthSouth, its auditor Ernst & Young, and its investment banker, UBS, for the
benefit of stockholder plaintiffs. The settlement against HealthSouth represents one of the
larger settlements in securities class action history and is considered among the top 15
settlements achieved after passage of the PSLRA. Likewise, the settlement against Ernst &
Young is one of the largest securities class action settlements entered into by an accounting
firm since the passage of the PSLRA. HealthSouth and its financial advisors perpetrated
one of the largest and most pervasive frauds in the history of U.S. healthcare, prompting
Congressional and law enforcement inquiry and resulting in guilty pleas of 16 former
HealthSouth executives in related federal criminal prosecutions. In March 2009, Judge
Karon Bowdre commented in the HealthSouth class certification opinion: “The court has
had many opportunities since November 2001 to examine the work of class counsel and the
supervision by the Class Representatives. The court find both to be far more than
adequate.” In re HealthSouth Corp. Sec. Litig., 257 F.R.D. 260, 275 (N.D. Ala. 2009).
In re Dynegy Inc. Sec. Litig.,
Litig. No. H-02-1571 (S.D. Tex.). As sole lead counsel
representing The Regents of the University of California and the class of Dynegy investors,
Robbins Geller attorneys obtained a combined settlement of $474 million from Dynegy,
Citigroup, Inc. and Arthur Andersen LLP for their involvement in a clandestine financing
scheme known as Project Alpha. Given Dynegy’s limited ability to pay, Robbins Geller
attorneys structured a settlement (reached shortly before the commencement of trial) that
maximized plaintiffs’ recovery without bankrupting the company. Most notably, the
settlement agreement provides that Dynegy will appoint two board members to be
nominated by The Regents, which Robbins Geller and The Regents believe will benefit all of
Dynegy’s stockholders.
In re Qwest Commc’ns Int’l, Inc. Sec. Litig.,
Litig. No. 01-cv-1451 (D. Colo.). Robbins Geller
attorneys served as lead counsel for a class of investors that purchased Qwest securities.
In July 2001, the Firm filed the initial complaint in this action on behalf of its clients, long
before any investigation into Qwest’s financial statements was initiated by the SEC or
Department of Justice. After five years of litigation, lead plaintiffs entered into a settlement
with Qwest and certain individual defendants that provided a $400 million recovery for the
class and created a mechanism that allowed the vast majority of class members to share in
an additional $250 million recovered by the SEC. In 2008, Robbins Geller attorneys
recovered an additional $45 million for the class in a settlement with defendants Joseph P.
Nacchio and Robert S. Woodruff, the CEO and CFO, respectively, of Qwest during large
portions of the class period.
Silverman v. Motorola, Inc.,
Inc. No. 1:07-cv-04507 (N.D. Ill.). The Firm served as lead
counsel on behalf of a class of investors in Motorola, Inc., ultimately recovering $200 million
for investors just two months before the case was set for trial. This outstanding result was
obtained despite the lack of an SEC investigation or any financial restatement. In May 2012,
the Honorable Amy J. St. Eve of the Northern District of Illinois commented: “The
representation that [Robbins Geller] provided to the class was significant, both in terms of
quality and quantity.” Silverman v. Motorola, Inc., No. 07 C 4507, 2012 U.S. Dist. LEXIS
63477, at *11 (N.D. Ill. May 7, 2012).
In re AT&T Corp. Sec. Litig.,
Litig. MDL No. 1399 (D.N.J.). Robbins Geller attorneys served as
lead counsel for a class of investors that purchased AT&T common stock. The case
charged defendants AT&T and its former Chairman and CEO, C. Michael Armstrong, with
violations of the federal securities laws in connection with AT&T’s April 2000 initial public
offering of its wireless tracking stock, the largest IPO in American history. After two weeks
of trial, and on the eve of scheduled testimony by Armstrong and infamous telecom analyst
Jack Grubman, defendants agreed to settle the case for $100 million. In granting approval
of the settlement, the court stated the following about the Robbins Geller attorneys handling
the case:
Lead Counsel are highly skilled attorneys with great experience in
prosecuting complex securities action[s], and their professionalism and
diligence displayed during [this] litigation substantiates this characterization.
The Court notes that Lead Counsel displayed excellent lawyering skills
through their consistent preparedness during court proceedings, arguments
and the trial, and their well-written and thoroughly researched submissions to
the Court. Undoubtedly, the attentive and persistent effort of Lead Counsel
was integral in achieving the excellent result for the Class.
In re AT&T Corp. Sec. Litig., MDL No. 1399, 2005 U.S. Dist. LEXIS 46144, at *28-*29
(D.N.J. Apr. 25, 2005), aff’d, 455 F.3d 160 (3d Cir. 2006).
In re Dollar Gen. Corp. Sec. Litig.,
Litig. No. 01-CV-00388 (M.D. Tenn.). Robbins Geller
attorneys served as lead counsel in this case in which the Firm recovered $172.5 million for
investors. The Dollar General settlement was the largest shareholder class action recovery
ever in Tennessee.
Carpenters Health & Welfare Fund v. CocaCoca- Cola Co.,
Co. No. 00-CV-2838 (N.D. Ga.). As
co-lead counsel representing Coca-Cola shareholders, Robbins Geller attorneys obtained a
recovery of $137.5 million after nearly eight years of litigation. Robbins Geller attorneys
traveled to three continents to uncover the evidence that ultimately resulted in the settlement
of this hard-fought litigation. The case concerned Coca-Cola’s shipping of excess
concentrate at the end of financial reporting periods for the sole purpose of meeting analyst
earnings expectations, as well as the company’s failure to properly account for certain
impaired foreign bottling assets.
Schwartz v. TXU Corp.,
Corp. No. 02-CV-2243 (N.D. Tex.). As co-lead counsel, Robbins Geller
attorneys obtained a recovery of over $149 million for a class of purchasers of TXU
securities. The recovery compensated class members for damages they incurred as a result
of their purchases of TXU securities at inflated prices. Defendants had inflated the price of
these securities by concealing the fact that TXU’s operating earnings were declining due to
a deteriorating gas pipeline and the failure of the company’s European operations.
In re Doral Fin. Corp.
Corp. Sec. Litig.,
Litig. 05 MDL No. 1706 (S.D.N.Y.). In July 2007, the
Honorable Richard Owen of the Southern District of New York approved the $129 million
settlement, finding in his order:
The services provided by Lead Counsel [Robbins Geller] were efficient and
highly successful, resulting in an outstanding recovery for the Class without
the substantial expense, risk and delay of continued litigation. Such
efficiency and effectiveness supports the requested fee percentage.
Cases brought under the federal securities laws are notably difficult
and notoriously uncertain. . . . Despite the novelty and difficulty of the issues
raised, Lead Plaintiffs’ counsel secured an excellent result for the Class.
. . . Based upon Lead Plaintiff’s counsel’s diligent efforts on behalf of
the Class, as well as their skill and reputations, Lead Plaintiff’s counsel were
able to negotiate a very favorable result for the Class. . . . The ability of
[Robbins Geller] to obtain such a favorable partial settlement for the Class in
the face of such formidable opposition confirms the superior quality of their
representation . . . .
In re NASDAQ MarketMarket-Makers Antitrust Litig.,
Litig. MDL No. 1023 (S.D.N.Y.). Robbins Geller
attorneys served as court-appointed co-lead counsel for a class of investors. The class
alleged that the NASDAQ market-makers set and maintained wide spreads pursuant to an
industry-wide conspiracy in one of the largest and most important antitrust cases in recent
history. After three and one half years of intense litigation, the case was settled for a total of
$1.027 billion, at the time the largest ever antitrust settlement. An excerpt from the court’s
opinion reads:
Counsel for the Plaintiffs are preeminent in the field of class action litigation,
and the roster of counsel for the Defendants includes some of the largest,
most successful and well regarded law firms in the country. It is difficult to
conceive of better representation than the parties to this action achieved.
In re NASDAQ Market-Makers Antitrust Litig., 187 F.R.D. 465, 474 (S.D.N.Y. 1998).
In re Exxon Valdez,
Valdez No. A89 095 Civ. (D. Alaska), and In re Exxon Valdez Oil Spill Litig.,
Litig.
No. 3 AN 89 2533 (Alaska Super. Ct., 3d Jud. Dist.). Robbins Geller attorneys served on
the Plaintiffs’ Coordinating Committee and Plaintiffs’ Law Committee in this massive
litigation resulting from the Exxon Valdez oil spill in Alaska in March 1989. The jury awarded
hundreds of millions in compensatory damages, as well as $5 billion in punitive damages
(the latter were later reduced by the U.S. Supreme Court to $507 million).
Mangini v. R.J. Reynolds Tobacco Co.,
Co. No. 939359 (Cal. Super. Ct., San Francisco
Cnty.). In this case, R.J. Reynolds admitted that “the Mangini action, and the way that it was
vigorously litigated, was an early, significant and unique driver of the overall legal and social
controversy regarding underage smoking that led to the decision to phase out the Joe Camel
Campaign.”
Does I v. The Gap, Inc.,
Inc. No. 01 0031 (D. N. Mar. I.). In this groundbreaking case, Robbins
Geller attorneys represented a class of 30,000 garment workers who alleged that they had
worked under sweatshop conditions in garment factories in Saipan that produced clothing
for top U.S. retailers such as The Gap, Target and J.C. Penney. In the first action of its kind,
Robbins Geller attorneys pursued claims against the factories and the retailers alleging
violations of RICO, the Alien Tort Claims Act, and the Law of Nations based on the alleged
systemic labor and human rights abuses occurring in Saipan. This case was a companion to
two other actions: Does I v. Advance Textile Corp.,
Corp. No. 99 0002 (D. N. Mar. I.), which
alleged overtime violations by the garment factories under the Fair Labor Standards Act and
local labor law, and UNITE v. The Gap, Inc.
Inc. , No. 300474 (Cal. Super. Ct., San Francisco
Cnty.), which alleged violations of California’s Unfair Practices Law by the U.S. retailers.
These actions resulted in a settlement of approximately $20 million that included a
comprehensive monitoring program to address past violations by the factories and prevent
future ones. The members of the litigation team were honored as Trial Lawyers of the Year
by the Trial Lawyers for Public Justice in recognition of the team’s efforts in bringing about
the precedent-setting settlement of the actions.
Litigation), No. 94-2392 (D. Kan.).
Hall v. NCAA (Restricted Earnings Coach Antitrust Litigation)
Robbins Geller attorneys were lead counsel and lead trial counsel for one of three classes of
coaches in these consolidated price fixing actions against the National Collegiate Athletic
Association. On May 4, 1998, the jury returned verdicts in favor of the three classes for
more than $70 million.
In re Prison Realty Sec. Litig.,
Litig. No. 3:99-0452 (M.D. Tenn.). Robbins Geller attorneys
served as lead counsel for the class, obtaining a $105 million recovery.
In re Honeywell Int’l, Inc. Sec. Litig.,
Litig. No. 00-cv-03605 (D.N.J.). Robbins Geller attorneys
served as lead counsel for a class of investors that purchased Honeywell common stock.
The case charged Honeywell and its top officers with violations of the federal securities
laws, alleging the defendants made false public statements concerning Honeywell’s merger
with Allied Signal, Inc. and that defendants falsified Honeywell’s financial statements. After
extensive discovery, Robbins Geller attorneys obtained a $100 million settlement for the
class.
Schwartz v. Visa Int’l,
Int’l No. 822404-4 (Cal. Super. Ct., Alameda Cnty.). After years of
litigation and a six-month trial, Robbins Geller attorneys won one of the largest consumer
protection verdicts ever awarded in the United States. Robbins Geller attorneys
represented California consumers in an action against Visa and MasterCard for intentionally
imposing and concealing a fee from their cardholders. The court ordered Visa and
MasterCard to return $800,000,000 in cardholder losses, which represented 100% of the
amount illegally taken, plus 2% interest. In addition, the court ordered full disclosure of the
hidden fee.
Thompson v. Metro. Life Ins. Co.,
Co. No. 00-cv-5071 (S.D.N.Y.). Robbins Geller attorneys
served as lead counsel and obtained $145 million for the class in a settlement involving
racial discrimination claims in the sale of life insurance.
In re Prudential Ins. Co. of Am. Sales Practices Litig.,
Litig. MDL No. 1061 (D.N.J.). In one of
the first cases of its kind, Robbins Geller attorneys obtained a settlement of $4 billion for
deceptive sales practices in connection with the sale of life insurance involving the
“vanishing premium” sales scheme.
Precedent-Setting Decisions
Robbins Geller attorneys operate at the forefront of litigation. Our work often changes the legal
landscape, resulting in an environment that is more-favorable for obtaining recoveries for our clients.
Robbins Geller Rudman & Dowd LLP Firm Resume Precedent-Setting Decisions | 28
Investor and Shareholder Rights
NECANECA- IBEW Health & Welfare Fund v. Goldman Sachs & Co.,
Co. 693 F.3d 145 (2d Cir.
2012), cert. denied, _U.S._, 133 S. Ct. 1624 (2013). In a securities fraud action involving
mortgage-backed securities, the Second Circuit rejected the concept of “tranche” standing
and found that a lead plaintiff has class standing to pursue claims on behalf of purchasers of
securities that were backed by pools of mortgages originated by the same lenders who had
originated mortgages backing the lead plaintiff’s securities. The court noted that, given
those common lenders, the lead plaintiff’s claims as to its purchases implicated “the same
set of concerns” that purchasers in several of the other offerings possessed. The court also
rejected the notion that the lead plaintiff lacked standing to represent investors in different
tranches.
In re VeriFone Holdings, Inc. Sec. Litig.,
Litig. 704 F.3d 694 (9th Cir. 2012). The panel
reversed in part and affirmed in part the dismissal of investors’ securities fraud class action
alleging violations of §§10(b), 20(a), and 20A of the Securities Exchange Act of 1934 and
SEC Rule 10b-5 in connection with a restatement of financial results of the company in
which the investors had purchased stock.
The panel held that the third amended complaint adequately pleaded the §10(b), §20A and
Rule 10b-5 claims. Considering the allegations of scienter holistically, as the U.S. Supreme
Court directed in Matrixx Initiatives, Inc. v. Siracusano, _U.S._, 131 S. Ct. 1309, 1324
(2011), the panel concluded that the inference that the defendant company and its chief
executive officer and former chief financial officer were deliberately reckless as to the truth of
their financial reports and related public statements following a merger was at least as
compelling as any opposing inference.
Fox v. JAMDAT Mobile, Inc.,
Inc. 185 Cal. App. 4th 1068 (2010). Concluding that Delaware’s
shareholder ratification doctrine did not bar the claims, the California Court of Appeal
reversed dismissal of a shareholder class action alleging breach of fiduciary duty in a
corporate merger.
In re Constar Int’l Inc. Sec. Litig.,
Litig. 585 F.3d 774 (3d Cir. 2009). The Third Circuit flatly
rejected defense contentions that where relief is sought under §11 of the Securities Act of
1933, which imposes liability when securities are issued pursuant to an incomplete or
misleading registration statement, class certification should depend upon findings
concerning market efficiency and loss causation.
Matrixx Initiatives, Inc. v. Siracusano,
Siracusano _U.S._, 131 S. Ct. 1309 (2011), aff’g 585 F.3d
1167 (9th Cir. 2009). In a securities fraud action involving the defendants’ failure to
disclose a possible link between the company’s popular cold remedy and a life-altering side
effect observed in some users, the U.S. Supreme Court unanimously affirmed the Ninth
Circuit’s (a) rejection of a bright-line “statistical significance” materiality standard, and (b)
holding that plaintiffs had successfully pleaded a strong inference of the defendants’
scienter.
Alaska Elec. Pension Fund v. Flowserve Corp.,
Corp. 572 F.3d 221 (5th Cir. 2009). Aided by
former U.S. Supreme Court Justice O’Connor’s presence on the panel, the Fifth Circuit
reversed a district court order denying class certification and also reversed an order granting
summary judgment to defendants. The court held that the district court applied an incorrect
fact-for-fact standard of loss causation, and that genuine issues of fact on loss causation
precluded summary judgment.
In re F5 Networks, Inc., Derivative Litig.,
Litig. 207 P.3d 433 (Wash. 2009). In a derivative
action alleging unlawful stock option backdating, the Supreme Court of Washington ruled
that shareholders need not make a pre-suit demand on the board of directors where this
step would be futile, agreeing with plaintiffs that favorable Delaware case law should be
followed as persuasive authority.
Lormand v. US Unwired, Inc.,
Inc. 565 F.3d 228 (5th Cir. 2009). In a rare win for investors in
the Fifth Circuit, the court reversed an order of dismissal, holding that safe harbor warnings
were not meaningful when the facts alleged established a strong inference that defendants
knew their forecasts were false. The court also held that plaintiffs sufficiently alleged loss
causation.
Institutional Investors Grp. v. Avaya, Inc.,
Inc. 564 F.3d 242 (3d Cir. 2009). In a victory for
investors in the Third Circuit, the court reversed an order of dismissal, holding that
shareholders pled with particularity why the company’s repeated denials of price discounts
on products were false and misleading when the totality of facts alleged established a strong
inference that defendants knew their denials were false.
Alaska Elec. Pension Fund v. Pharmacia Corp.,
Corp. 554 F.3d 342 (3d Cir. 2009). The Third
Circuit held that claims filed for violation of §10(b) of the Securities Exchange Act of 1934
were timely, adopting investors’ argument that because scienter is a critical element of the
claims, the time for filing them cannot begin to run until the defendants’ fraudulent state of
mind should be apparent.
Rael
Rael v. Page,
Page 222 P.3d 678 (N.M. Ct. App. 2009). In this shareholder class and derivative
action, Robbins Geller attorneys obtained an appellate decision reversing the trial court’s
dismissal of the complaint alleging serious director misconduct in connection with the
merger of SunCal Companies and Westland Development Co., Inc., a New Mexico company
with large and historic landholdings and other assets in the Albuquerque area. The appellate
court held that plaintiff’s claims for breach of fiduciary duty were direct, not derivative,
because they constituted an attack on the validity or fairness of the merger and the conduct
of the directors. Although New Mexico law had not addressed this question directly, at the
urging of the Firm’s attorneys, the court relied on Delaware law for guidance, rejecting the
“special injury” test for determining the direct versus derivative inquiry and instead applying
more recent Delaware case law.
Lane v. Page,
Page No. 06-cv-1071 (D.N.M. 2012). In May 2012, while granting final approval
of the settlement in the federal component of the Westland cases, Judge Browning in the
District of New Mexico commented:
Class Counsel are highly skilled and specialized attorneys who use
their substantial experience and expertise to prosecute complex securities
class actions. In possibly one of the best known and most prominent recent
securities cases, Robbins Geller served as sole lead counsel - In re Enron
Corp. Sec. Litig., No. H-01-3624 (S.D. Tex.). See Report at 3. The Court
has previously noted that the class would “receive high caliber legal
representation” from class counsel, and throughout the course of the
litigation the Court has been impressed with the quality of representation on
each side. Lane v. Page, 250 F.R.D. at 647
Lane v. Page, 862 F. Supp. 2d 1182, 1253-54 (D.N.M. 2012).
In addition, Judge Browning stated, “[Robbins Geller is] both skilled and experienced, and
used those skills and experience for the benefit of the class.” Id. at 1254.
Luther v. Countrywide Home Loans Servicing
Serv icing LP,
LP 533 F.3d 1031 (9th Cir. 2008). In a
case of first impression, the Ninth Circuit held that the Securities Act of 1933’s specific nonremoval features had not been trumped by the general removal provisions of the Class
Action Fairness Act of 2005.
In re Gilead Scis. Sec. Litig.,
Litig 536 F.3d 1049 (9th Cir. 2008). The Ninth Circuit upheld
defrauded investors’ loss causation theory as plausible, ruling that a limited temporal gap
between the time defendants’ misrepresentation was publicly revealed and the subsequent
decline in stock value was reasonable where the public had not immediately understood the
impact of defendants’ fraud.
Fidel v. Farley,
Farley 534 F.3d 508 (6th Cir. 2008). The Sixth Circuit upheld class-notice
procedures, rejecting an objector’s contentions that class action settlements should be set
aside because his own stockbroker had failed to forward timely notice of the settlement to
him.
In re WorldCom Sec. Litig.,
Litig. 496 F.3d 245 (2d Cir. 2007). The Second Circuit held that
the filing of a class action complaint tolls the limitations period for all members of the class,
including those who choose to opt out of the class action and file their own individual
actions without waiting to see whether the district court certifies a class – reversing the
decision below and effectively overruling multiple district court rulings that American Pipe
tolling did not apply under these circumstances.
In re Merck & Co. Sec., Derivative & ERISA Litig.,
Litig. 493 F.3d 393 (3d Cir. 2007). In a
shareholder derivative suit appeal, the Third Circuit held that the general rule that discovery
may not be used to supplement demand-futility allegations does not apply where the
defendants enter a voluntary stipulation to produce materials relevant to demand futility
without providing for any limitation as to their use. In April 2007, the Honorable D. Brooks
Smith praised Robbins Geller partner Joe Daley’s efforts in this litigation:
Thank you very much Mr. Daley and a thank you to all counsel. As Judge
Cowen mentioned, this was an exquisitely well-briefed case; it was also an
extremely well-argued case, and we thank counsel for their respective jobs
here in the matter, which we will take under advisement. Thank you.
In re Merck & Co., Inc. Sec., Derivative & ERISA Litig., No. 06-2911, Transcript of Hearing
at 35:37-36:00 (3d Cir. Apr. 12, 2007).
Alaska Elec. Pension Fund v. Brown,
Brown 941 A.2d 1011 (Del. 2007). The Supreme Court of
Delaware held that the Alaska Electrical Pension Fund, for purposes of the “corporate
benefit” attorney-fee doctrine, was presumed to have caused a substantial increase in the
tender offer price paid in a “going private” buyout transaction. The Court of Chancery
originally ruled that Alaska’s counsel, Robbins Geller, was not entitled to an award of
attorney fees, but Delaware’s high court, in its published opinion, reversed and remanded for
further proceedings.
Crandon Capital Partners v. Shelk,
Shelk 157 P.3d 176 (Or. 2007). Oregon’s Supreme Court
ruled that a shareholder plaintiff in a derivative action may still seek attorney fees even if the
defendants took actions to moot the underlying claims. The Firm’s attorneys convinced
Oregon’s highest court to take the case, and reverse, despite the contrary position
articulated by both the trial court and the Oregon Court of Appeals.
In re Qwest Commc’ns Int’l,
Int’l 450 F.3d 1179 (10th Cir. 2006). In a case of first
impression, the Tenth Circuit held that a corporation’s deliberate release of purportedly
privileged materials to governmental agencies was not a “selective waiver” of the privileges
such that the corporation could refuse to produce the same materials to non-governmental
plaintiffs in private securities fraud litigation.
In re Guidant S’holders Derivative Litig.,
Litig. 841 N.E.2d 571 (Ind. 2006). Answering a
certified question from a federal court, the Supreme Court of Indiana unanimously held that a
pre-suit demand in a derivative action is excused if the demand would be a futile gesture.
The court adopted a “demand futility” standard and rejected defendants’ call for a “universal
demand” standard that might have immediately ended the case.
Denver Area Meat Cutters v. Clayton,
Clayton 209 S.W.3d 584 (Tenn. Ct. App. 2006). The
Tennessee Court of Appeals rejected an objector’s challenge to a class action settlement
arising out of Warren Buffet’s 2003 acquisition of Tennessee-based Clayton Homes. In
their effort to secure relief for Clayton Homes stockholders, the Firm’s attorneys obtained a
temporary injunction of the Buffet acquisition for six weeks in 2003 while the matter was
litigated in the courts. The temporary halt to Buffet’s acquisition received national press
attention.
DeJulius v. New Eng. Health Care Emps. Pension Fund,
Fund 429 F.3d 935 (10th Cir. 2005).
The Tenth Circuit held that the multi-faceted notice of a $50 million settlement in a securities
fraud class action had been the best notice practicable under the circumstances, and thus
satisfied both constitutional due process and Rule 23 of the Federal Rules of Civil
Procedure.
In re Daou Sys.,
Sys. 411 F.3d 1006 (9th Cir. 2005). The Ninth Circuit sustained investors’
allegations of accounting fraud and ruled that loss causation was adequately alleged by
pleading that the value of the stock they purchased declined when the issuer’s true financial
condition was revealed.
Barrie v. IntervoiceIntervoice-Brite, Inc.,
Inc. 397 F.3d 249 (5th Cir.), reh’g denied and opinion modified,
409 F.3d 653 (5th Cir. 2005). The Fifth Circuit upheld investors’ accounting-fraud claims,
holding that fraud is pled as to both defendants when one knowingly utters a false statement
and the other knowingly fails to correct it, even if the complaint does not specify who spoke
and who listened.
City of Monroe Emps. Ret. Sys. v. Bridgestone Corp.,
Corp. 399 F.3d 651 (6th Cir. 2005).
The Sixth Circuit held that a statement regarding objective data supposedly supporting a
corporation’s belief that its tires were safe was actionable where jurors could have found a
reasonable basis to believe the corporation was aware of undisclosed facts seriously
undermining the statement’s accuracy.
Ill. Mun. Ret. Fund v. Citigroup, Inc.,
Inc. 391 F.3d 844 (7th Cir. 2004). The Seventh Circuit
upheld a district court’s decision that the Illinois Municipal Retirement Fund was entitled to
litigate its claims under the Securities Act of 1933 against WorldCom’s underwriters before
a state court rather than before the federal forum sought by the defendants.
Corp., 380 F.3d 1226 (9th Cir.
Nursing Home Pension Fund, Local 144 v. Oracle Corp.
2004). The Ninth Circuit ruled that defendants’ fraudulent intent could be inferred from
allegations concerning their false representations, insider stock sales and improper
accounting methods.
Southland Sec. Corp. v. INSpire Ins. Solutions Inc.,
Inc. 365 F.3d 353 (5th Cir. 2004). The
Fifth Circuit sustained allegations that an issuer’s CEO made fraudulent statements in
connection with a contract announcement.
Insurance
Smith v. Am. Family Mut. Ins. Co.,
Co. 289 S.W.3d 675 (Mo. Ct. App. 2009). Capping nearly
a decade of hotly contested litigation, the Missouri Court of Appeals reversed the trial
court’s judgment notwithstanding the verdict for auto insurer American Family and reinstated
a unanimous jury verdict for the plaintiff class.
Troyk v. Farmers Grp., Inc.,
Inc. 171 Cal. App. 4th 1305 (2009). The California Court of
Appeal held that Farmers Insurance’s practice of levying a “service charge” on one-month
auto insurance policies, without specifying the charge in the policy, violated California’s
Insurance Code.
Lebrilla v. Farmers Grp., Inc.,
Inc. 119 Cal. App. 4th 1070 (2004). Reversing the trial court,
the California Court of Appeal ordered class certification of a suit against Farmers, one of
the largest automobile insurers in California, and ruled that Farmers’ standard automobile
policy requires it to provide parts that are as good as those made by vehicle’s manufacturer.
The case involved Farmers’ practice of using inferior imitation parts when repairing insureds’
vehicles.
In re Monumental Life Ins. Co.,
Co. 365 F.3d 408, 416 (5th Cir. 2004). The Fifth Circuit
Court of Appeals reversed a district court’s denial of class certification in a case filed by
African-Americans seeking to remedy racially discriminatory insurance practices. The Fifth
Circuit held that a monetary relief claim is viable in a Rule 23(b)(2) class if it flows directly
from liability to the class as a whole and is capable of classwide “‘computation by means of
objective standards and not dependent in any significant way on the intangible, subjective
differences of each class member’s circumstances.’”
Consumer Protection
Kwikset Corp. v. Superior Court,
Court 51 Cal. 4th 310 (2011). In a leading decision
interpreting the scope of Proposition 64’s new standing requirements under California’s
Unfair Competition Law (UCL), the California Supreme Court held that consumers alleging
that a manufacturer has misrepresented its product have “lost money or property” within the
meaning of the initiative, and thus have standing to sue under the UCL, if they “can truthfully
allege that they were deceived by a product’s label into spending money to purchase the
product, and would not have purchased it otherwise.” Id. at 317. Kwikset involved
allegations, proven at trial, that defendants violated California’s “Made in the U.S.A.” statute
by representing on their labels that their products were “Made in U.S.A.” or “All-American
Made” when, in fact, the products were substantially made with foreign parts and labor.
Safeco Ins. Co. of Am. v. Superior Court,
Court 173 Cal. App. 4th 814 (2009). In a class
action against auto insurer Safeco, the California Court of Appeal agreed that the plaintiff
should have access to discovery to identify a new class representative after her standing to
sue was challenged.
Consumer Privacy Cases,
Cases 175 Cal. App. 4th 545 (2009). The California Court of Appeal
rejected objections to a nationwide class action settlement benefiting Bank of America
customers.
Koponen v. Pac. Gas & Elec. Co.,
Co. 165 Cal. App. 4th 345 (2008). The Firm’s attorneys
obtained a published decision reversing the trial court’s dismissal of the action, and holding
that the plaintiff’s claims for damages arising from the utility’s unauthorized use of rights-ofway or easements obtained from the plaintiff and other landowners were not barred by a
statute limiting the authority of California courts to review or correct decisions of the
California Public Utilities Commission.
Sanford v. MemberWorks, Inc.,
Inc. 483 F.3d 956 (9th Cir. 2007). In a telemarketing-fraud
case, where the plaintiff consumer insisted she had never entered the contractual
arrangement that defendants said bound her to arbitrate individual claims to the exclusion of
pursuing class claims, the Ninth Circuit reversed an order compelling arbitration – allowing
the plaintiff to litigate on behalf of a class.
Ritt v. Billy Blanks Enters.
Enters.,
s. 870 N.E.2d 212 (Ohio Ct. App. 2007). In the Ohio analog to
the West case, the Ohio Court of Appeals approved certification of a class of Ohio
residents seeking relief under Ohio’s consumer protection laws for the same telemarketing
fraud.
Haw. Med. Ass’n
As s’n v. Haw. Med. Serv. Ass’n,
Ass’n 148 P.3d 1179 (Haw. 2006). The Supreme
Court of Hawaii ruled that claims of unfair competition were not subject to arbitration and
that claims of tortious interference with prospective economic advantage were adequately
alleged.
Branick v. Downey Sav. & Loan Ass’n,
Ass’n 39 Cal. 4th 235 (2006). Robbins Geller attorneys
were part of a team of lawyers that briefed this case before the Supreme Court of California.
The court issued a unanimous decision holding that new plaintiffs may be substituted, if
necessary, to preserve actions pending when Proposition 64 was passed by California
voters in 2004. Proposition 64 amended California’s Unfair Competition Law and was
aggressively cited by defense lawyers in an effort to dismiss cases after the initiative was
adopted.
McKell v. Wash. Mut., Inc.,
Inc. 142 Cal. App. 4th 1457 (2006). The California Court of
Appeal reversed the trial court, holding that plaintiff’s theories attacking a variety of allegedly
inflated mortgage-related fees were actionable.
West Corp. v. Superior Court,
Court 116 Cal. App. 4th 1167 (2004). The California Court of
Appeal upheld the trial court’s finding that jurisdiction in California was appropriate over the
out-of-state corporate defendant whose telemarketing was aimed at California residents.
Exercise of jurisdiction was found to be in keeping with considerations of fair play and
substantial justice.
Kruse v. Wells Fargo Home Mortg., Inc.,
Inc. 383 F.3d 49 (2d Cir. 2004), and Santiago v.
GMAC Mortg. Grp., Inc.,
Inc. 417 F.3d 384 (3d Cir. 2005). In two groundbreaking federal
appellate decisions, the Second and Third Circuits each ruled that the Real Estate
Settlement Practices Act prohibits marking up home loan-related fees and charges.
Additional Judicial Commendations
Robbins Geller attorneys have been praised by countless judges all over the country for the quality
of their representation in class-action lawsuits. In addition to the judicial commendations set forth in
the Prominent Cases and Precedent-Setting Decisions sections, judges have acknowledged the
successful results of the Firm and its attorneys with the following plaudits:
In March 2011, in denying defendants’ motion to dismiss, Judge Richard Sullivan
commented: “Let me thank you all. . . . [The motion] was well argued . . . and . . . well briefed
. . . . I certainly appreciate having good lawyers who put the time in to be prepared . . . .”
Anegada Master Fund Ltd. v. PxRE Grp. Ltd., No. 08-cv-10584, Transcript at 83 (S.D.N.Y.
Mar. 16, 2011).
In January 2011, the court praised Robbins Geller attorneys: “They have gotten very good
results for stockholders. . . . [Robbins Geller has] such a good track record.” In re
Compellent Technologies, Inc. S’holder Litig., No. 6084-VCL, Transcript at 20-21 (Del. Ch.
Jan. 13, 2011).
In August 2010, in reviewing the settlement papers submitted by the Firm, Judge Carlos
Murguia stated that Robbins Geller performed “a commendable job of addressing the
relevant issues with great detail and in a comprehensive manner . . . . The court respects the
[Firm’s] experience in the field of derivative [litigation].” Alaska Electrical Pension Fund v.
Olofson, No. 08-cv-02344-CM-JPO (D. Kan.) (Aug. 20, 2010 e-mail from court re:
settlement papers).
In June 2009, Judge Ira Warshawsky praised the Firm’s efforts in In re Aeroflex, Inc.
Shareholder Litigation: “There is no doubt that the law firms involved in this matter
represented in my opinion the cream of the crop of class action business law and mergers
and acquisition litigators, and from a judicial point of view it was a pleasure working with
them.” In re Aeroflex, Inc. S’holder Litig., No. 003943/07, Transcript at 25:14-18 (N.Y.
Sup. Ct., Nassau Cnty. June 30, 2009).
In March 2009, in granting class certification, the Honorable Robert Sweet of the Southern
District of New York commented in In re NYSE Specialists Sec. Litig., 260 F.R.D. 55, 74
(S.D.N.Y. 2009): “As to the second prong, the Specialist Firms have not challenged, in this
motion, the qualifications, experience, or ability of counsel for Lead Plaintiff, [Robbins Geller],
to conduct this litigation. Given [Robbins Geller’s] substantial experience in securities class
action litigation and the extensive discovery already conducted in this case, this element of
adequacy has also been satisfied.”
In June 2008, the court commented, “Plaintiffs’ lead counsel in this litigation, [Robbins
Geller], has demonstrated its considerable expertise in shareholder litigation, diligently
advocating the rights of Home Depot shareholders in this Litigation. [Robbins Geller] has
acted with substantial skill and professionalism in representing the plaintiffs and the interests
of Home Depot and its shareholders in prosecuting this case.” City of Pontiac General
Employees’ Ret. Sys. v. Langone, No. 2006-122302, Findings of Fact in Support of Order
and Final Judgment at 2 (Ga. Super. Ct., Fulton Cnty. June 10, 2008).
In a December 2006 hearing on the $50 million consumer privacy class action settlement in
Kehoe v. Fidelity Fed. Bank & Trust, No. 03-80593-CIV (S.D. Fla.), United States District
Court Judge Daniel T.K. Hurley said the following:
First, I thank counsel. As I said repeatedly on both sides we have been very,
very fortunate. We have had fine lawyers on both sides. The issues in the
case are significant issues. We are talking about issues dealing with
consumer protection and privacy – something that is increasingly important
today in our society. [I] want you to know I thought long and hard about this.
I am absolutely satisfied that the settlement is a fair and reasonable
settlement. [I] thank the lawyers on both sides for the extraordinary effort that
has been brought to bear here.
In Stanley v. Safeskin Corp., No. 99 CV 454 (S.D. Cal. May 25, 2004), where Robbins
Geller attorneys obtained $55 million for the class of investors, Judge Moskowitz stated:
I said this once before, and I’ll say it again. I thought the way that your firm
handled this case was outstanding. This was not an easy case. It was a
complicated case, and every step of the way, I thought they did a very
professional job.
Attorney Biographies
Partners
Mario Alba, Jr.
Susan K. Alexander
Mario Alba, Jr. is a partner in the
Firm’s Melville office. Mr. Alba is
responsible for initiating,
investigating, researching and filing
securities fraud class actions. He
has served as lead counsel in
numerous class actions alleging
violations of securities laws, including
cases against NBTY ($16 million
recovery) and OSI Pharmaceuticals ($9 million recovery).
Mr. Alba is also part of the Firm’s Institutional Outreach
Department whereby he advises institutional investors. In
addition, he is active in all phases of the Firm’s lead plaintiff
motion practice.
Susan K. Alexander is a partner in the
Firm’s San Francisco office and
focuses on federal appeals of
securities fraud class actions. With
over 26 years of federal appellate
experience, she has argued on behalf
of defrauded investors in circuit courts
throughout the United States.
Representative results include Panther
Partners Inc. v. Ikanos Commc’ns, Inc., 681 F.3d 114 (2d
Cir. 2012) (reversing dismissal of §11 claim); City of Pontiac
Gen. Emps. Ret. Sys. v. MBIA, Inc., 637 F.3d 169 (2d Cir.
2011) (reversing dismissal of securities fraud complaint,
focused on statute of limitations); In re Gilead Scis. Sec.
Litig., 536 F.3d 1049 (9th Cir. 2008) (reversing dismissal of
securities fraud complaint, focused on loss causation); and
Barrie v. Intervoice-Brite, Inc., 397 F.3d 249 (5th Cir. 2005)
(reversing dismissal of securities fraud complaint, focused on
scienter). Ms. Alexander’s prior appellate work was with the
California Appellate Project (“CAP”), where she prepared
appeals and petitions for writs of habeas corpus on behalf of
individuals sentenced to death. At CAP, and subsequently in
private practice, she litigated and consulted on death penalty
direct and collateral appeals for ten years.
Education
B.S., St. John’s University, 1999; J.D., Hofstra
Honors/
Awards
Super Lawyer “Rising Star,” 2012-2013; B.S.,
Dean’s List, St. John’s University, 1999;
Selected as participant in Hofstra Moot Court
Seminar, Hofstra University School of Law
Education
B.A., Stanford University, 1983; J.D., University of
California, Los Angeles, 1986
Honors/
Awards
California Academy of Appellate Lawyers; Ninth
Circuit Advisory Rules Committee; Appellate
Delegate, Ninth Circuit Judicial Conference;
Executive Committee, ABA Council of Appellate
Lawyers
Robbins Geller Firm Resume Attorney Biographies | 37
X. Jay Alvarez
A. Rick Atwood, Jr.
X. Jay Alvarez is a partner in the Firm’s
San Diego office. His practice areas
include securities fraud and other
complex litigation. Mr. Alvarez is
responsible for litigating securities
class actions and has obtained
recoveries for investors including in
the following matters: Carpenters
Health & Welfare Fund v. Coca-Cola
Co. ($137.5 million); In re Qwest Commc’ns Int’l, Inc. Sec.
Litig. ($445 million); Hicks v. Morgan Stanley, Abrams v.
VanKampen Funds Inc., and In re Eaton Vance ($51.5
million aggregate settlements); In re Cooper Cos., Inc. Sec.
Litig. ($27 million); and In re Bridgestone Sec. Litig. ($30
million). Prior to joining the Firm, he served as an Assistant
United States Attorney for the Southern District of California,
where he prosecuted a number of bank fraud, money
laundering, and complex narcotics conspiracy cases.
A. Rick Atwood, Jr. is a partner in the
Firm’s San Diego office. He
represents shareholders in securities
class actions, merger-related class
actions, and shareholder derivative
actions in federal and state court in
numerous jurisdictions, and through
his efforts on behalf of the Firm’s
clients has helped recover billions of
dollars for shareholders, including the largest post-merger
common fund recoveries on record. Significant reported
opinions include In re Del Monte Foods Co. S’holders Litig.,
25 A.3d 813 (Del. Ch. 2011) (enjoining merger in an action
that subsequently resulted in an $89.4 million recovery for
shareholders); Brown v. Brewer, 2010 U.S. Dist. LEXIS
60863 (C.D. Cal. 2010) (holding corporate directors to a
higher standard of good faith conduct in an action that
subsequently resulted in a $45 million recovery for
shareholders); In re Prime Hospitality, Inc. S’holders Litig.,
2005 Del. Ch. LEXIS 61 (Del. Ch. 2005) (successfully
objecting to unfair settlement and thereafter obtaining $25
million recovery for shareholders); and Crandon Capital
Partners v. Shelk, 157 P.3d 176 (Or. 2007) (expanding
rights of shareholders in derivative litigation).
Education
B.A., University of California, Berkeley, 1984; J.D.,
University of California, Berkeley, Boalt Hall
School of Law, 1987
Stephen R. Astley
Stephen R. Astley is a partner in the
Firm’s Boca Raton office. Mr. Astley’s
practice is devoted to representing
shareholders in actions brought under
the federal securities laws. He has
been responsible for the prosecution
of complex securities cases and has
obtained significant recoveries for
investors, including cases involving
Red Hat, US Unwired, TECO Energy, Tropical Sportswear,
Medical Staffing, Sawtek, Anchor Glass, ChoicePoint, Jos. A.
Bank, TomoTherapy and Navistar. Prior to joining the Firm,
Mr. Astley clerked for the Honorable Peter T. Fay, United
States Court of Appeals for the Eleventh Circuit. In addition,
he obtained extensive trial experience as a member of the
United States Navy’s Judge Advocate General’s Corps,
where he was the Senior Defense Counsel for the Pearl
Harbor, Hawaii, Naval Legal Service Office Detachment.
Education
B.S., Florida State University, 1992; M. Acc.,
University of Hawaii at Manoa, 2001; J.D.,
University of Miami School of Law, 1997
Honors/
Awards
J.D., Cum Laude, University of Miami School of
Law, 1997; United States Navy Judge Advocate
General’s Corps., Lieutenant
Education
B.A., University of Tennessee, Knoxville, 1987;
B.A., Katholieke Universiteit Leuven, Belgium,
1988; J.D., Vanderbilt School of Law, 1991
Honors/
Awards
Super Lawyer, 2014; Attorney of the Year,
California Lawyer, 2012; B.A., Great Distinction,
Katholieke Universiteit Leuven, Belgium, 1988;
B.A., Honors, University of Tennessee, Knoxville,
1987; Authorities Editor, Vanderbilt Journal of
Transnational Law, 1991
Robbins Geller Rudman & Dowd LLP Firm Resume Attorney Biographies | 38
Aelish M. Baig
Randall J. Baron
Aelish Marie Baig is a partner in the
focuses her practice on securities
class action litigation in federal court.
Ms. Baig has litigated a number of
cases through jury trial, resulting in
multi-million dollar awards or
settlements for her clients. She has
prosecuted numerous securities fraud
actions filed against corporations such as Huffy, Pall and
Verizon. Ms. Baig was part of the litigation and trial team in
White v. Cellco Partnership d/b/a Verizon Wireless, which
ultimately settled for $21 million and Verizon’s agreement to
an injunction restricting its ability to impose early termination
fees in future subscriber agreements. She also prosecuted
numerous stock option backdating actions, securing tens of
millions of dollars in cash recoveries, as well as the
implementation of comprehensive corporate governance
enhancements for companies victimized by fraudulent stock
option practices. Her clients have included the Counties of
Santa Clara and Santa Cruz, as well as state, county and
municipal pension funds across the country.
Randall J. Baron is a partner in the
Firm’s San Diego office and
specializes in securities and corporate
takeover litigation and breach of
fiduciary duty actions. Mr. Baron is
responsible for 7 of the 12 largest
takeover settlements in history,
including the largest settlement of its
kind. In 2010, as a lead counsel in In
re Kinder Morgan, Inc. S’holder Litig., he secured a
settlement of $200 million on behalf of shareholders who
were cashed out in the buyout. Other notable achievements
include In re Chaparral Res., Inc. S’holder Litig., where he
was one of the lead trial counsel, which resulted in a
common fund settlement of $41 million (or 45% increase
above merger price); In re ACS S’holder Litig., where he
obtained significant modifications to the terms of the merger
agreement and a $69 million common fund; In re Prime
Hospitality, Inc. S’holder Litig., where he led a team of
lawyers who objected to a settlement that was unfair to the
class and proceeded to litigate breach of fiduciary duty
issues involving a sale of hotels to a private equity firm, which
resulted in a common fund settlement of $25 million for
shareholders; and In re Dollar Gen. S’holder Litig., where he
was lead trial counsel and helped to secure a settlement of
up to $57 million in a common fund shortly before trial. Prior
to joining the Firm, Mr. Baron served as a Deputy District
Attorney from 1990-1997 in Los Angeles County.
Education
B.A., Brown University, 1992; J.D., Washington
College of Law at American University, 1998
Honors/
Awards
Super Lawyer, 2012-2013; J.D., Cum Laude,
Washington College of Law at American
University, 1998; Senior Editor, Administrative
Law Review, Washington College of Law at
American University
Education
B.A., University of Colorado at Boulder, 1987;
J.D., University of San Diego School of Law, 1990
Honors/
Awards
Super Lawyer, 2014; Attorney of the Year,
California Lawyer, 2012; One of the Top 500
Lawyers, Lawdragon, 2011; Litigator of the Week,
American Lawyer, October 7, 2011; J.D., Cum
Laude, University of San Diego School of Law,
1990
James E. Barz
Douglas R. Britton
James E. Barz is a former federal
prosecutor and a registered CPA. Mr.
Barz is a trial lawyer who has tried 18
federal and state jury trials to verdict
and has argued 9 cases in the
Seventh Circuit. Prior to joining the
Firm, he was a partner in one of the
largest law firms in Chicago. He
currently is the partner in charge of the
Chicago office and since joining the Firm in 2011 has
represented defrauded investors in multiple cases securing
settlements in excess of $200 million. Since 2008, Mr. Barz
has been an Adjunct Professor at Northwestern University
School of Law where he teaches Trial Advocacy.
Douglas R. Britton is a partner in the
represents shareholders in securities
class actions. Mr. Britton has secured
settlements exceeding $1 billion and
significant corporate governance
enhancements to improve corporate
functioning. Notable achievements
include In re WorldCom, Inc. Sec. &
“ERISA” Litig., where he was one of the lead partners that
represented a number of opt-out institutional investors and
secured an unprecedented recovery of $651 million; In re
SureBeam Corp. Sec. Litig., where he was the lead trial
counsel and secured an impressive recovery of $32.75
million; and In re Amazon.com, Inc. Sec. Litig., where he was
one of the lead attorneys securing a $27.5 million recovery
for investors.
Education
B.B.A., Loyola University Chicago, School of
Business Administration, 1995; J.D.,
Northwestern University School of Law, 1998
Honors/
Awards
B.B.A., Summa Cum Laude, Loyola University
Chicago, School of Business Administration,
1995; J.D., Cum Laude, Northwestern University
School of Law, 1998
Alexandra S. Bernay
Alexandra S. Bernay is a partner in the
San Diego office of Robbins Geller,
where she specializes in antitrust and
unfair competition class-action
litigation. Ms. Bernay has also worked
on some of the Firm’s largest
securities fraud class actions,
including the Enron litigation, which
recovered an unprecedented $7.3
billion for investors. Her current practice focuses on the
prosecution of antitrust and consumer fraud cases. She is
on the litigation team prosecuting In re Payment Card
Interchange Fee and Merchant Discount Antitrust Litig. She
is also a member of the team prosecuting The Apple iPod
iTunes Anti-Trust Litig. as well as the litigation team involved
in In re Digital Music Antitrust Litig., among other cases in
the Firm’s antitrust practice area. Ms. Bernay is also actively
involved in the consumer action on behalf of bank customers
who were overcharged for debit card transactions, In re
Checking Account Overdraft Litig.
Education
Education
B.B.A., Washburn University, 1991; J.D.,
Pepperdine University School of Law, 1996
Honors/
Awards
J.D., Cum Laude, Pepperdine University School of
Law, 1996
Luke O. Brooks
Luke O. Brooks is a partner in the
Firm’s San Francisco office and is a
member of the securities litigation
practice group. Notably, Mr. Brooks
was on the trial team that won a jury
verdict and judgment of $2.46 billion
in the Household securities fraud
class action against one of the world’s
largest subprime lenders.
Education
B.A., University of Massachusetts at Amherst,
1997; J.D., University of San Francisco, 2000
Honors/
Awards
Member, University of San Francisco Law
Review, University of San Francisco
B.A., Humboldt State University, 1997; J.D.,
University of San Diego School of Law, 2000
Andrew J. Brown
James Caputo
Andrew J. Brown is a partner in the
prosecutes complex securities fraud
and shareholder derivative actions
against executives and corporations.
His efforts have resulted in numerous
multi-million dollar recoveries to
shareholders and precedent-setting
changes in corporate practices.
Recent examples include In re Constar Int’l Inc. Sec. Litig.,
585 F.3d 774 (3d Cir. 2009); Local 703, I.B. v. Regions Fin.
Corp., 282 F.R.D. 607 (N.D. Ala. 2012); Freidus v. Barclays
Bank Plc, 734 F.3d 132 (2d Cir. 2013); and In re Questcor
Sec. Litig., 2013 U.S. Dist. LEXIS 142865 (C.D. Cal. 2013).
Prior to joining the Firm, Mr. Brown worked as a trial lawyer
for the San Diego County Public Defender’s Office.
Thereafter, he opened his own law firm, where he
represented consumers and insureds in lawsuits against
major insurance companies.
James Caputo is a partner in the
Firm’s San Diego office. Mr. Caputo
focuses his practice on the
prosecution of complex litigation
involving securities fraud and
corporate malfeasance, consumer
protection violations, unfair business
practices, contamination and toxic
torts, and employment and labor law
violations. He successfully served as lead or co-lead
counsel in numerous class, consumer and employment
litigation matters, including In re S3 Sec. Litig.; Santiago v.
Kia Motors Am.; In re Fleming Cos. Sec. Litig.; In re Valence
Tech. Sec. Litig.; In re THQ, Inc. Sec. Litig.; Mynaf v. Taco
Bell Corp.; Newman v. Stringfellow; Carpenters Health &
Welfare Fund v. Coca Cola Co.; Hawaii Structural
Ironworkers Pension Trust Fund v. Calpine Corp.; and In re
HealthSouth Corp. Sec. Litig. Collectively, these actions
have returned well over $1 billion to injured stockholders,
consumers and employees.
Education
B.A., University of Chicago, 1988; J.D., University
of California, Hastings College of the Law, 1992
Spencer A. Burkholz
Spencer A. Burkholz is a partner in the
Firm’s San Diego office and a member
of the Firm’s Executive and
Management Committees. Mr.
Burkholz specializes in securities class
actions and private actions on behalf
of large institutional investors and was
one of the lead trial attorneys in the
Household securities class action that
resulted in a jury verdict and judgment of $2.46 billion. He
has also represented public and private institutional investors
in the Enron, WorldCom, Qwest and Cisco securities
actions that have recovered billions of dollars for investors.
Mr. Burkholz is currently representing large institutional
investors in actions involving the credit crisis.
Education
B.A., Clark University, 1985; J.D., University of
Virginia School of Law, 1989
Honors/
Awards
B.A., Cum Laude, Clark University, 1985; Phi
Beta Kappa, Clark University, 1985
Prior to joining the Firm, Mr. Caputo was a staff attorney to
Associate Justice Don R. Work and Presiding Justice Daniel
J. Kremer of the California Court of Appeal, Fourth Appellate
District.
Education
B.S., University of Pittsburgh, 1970; M.A.,
University of Iowa, 1975; J.D., California Western
School of Law, 1984
Honors/
Awards
Super Lawyer, 2008-2011; J.D., Magna Cum
Laude, California Western School of Law, 1984;
Editor-in-Chief, International Law Journal,
California Western School of Law
Christopher Collins
Christopher Collins is a partner in the
Firm’s San Diego office. His practice
areas include antitrust, consumer
protection and tobacco litigation. Mr.
Collins served as co-lead counsel in
Wholesale Elec. Antitrust Cases I & II,
charging an antitrust conspiracy by
wholesale electricity suppliers and
traders of electricity in California’s
newly deregulated wholesale electricity market wherein
plaintiffs secured a global settlement for California
consumers, businesses and local governments valued at
more than $1.1 billion. He was also involved in California’s
tobacco litigation, which resulted in the $25.5 billion
recovery for California and its local entities. Mr. Collins is
currently counsel on the MemberWorks upsell litigation, as
well as a number of consumer actions alleging false and
misleading advertising and unfair business practices against
major corporations. He formerly served as a Deputy District
Attorney for Imperial County.
Education
B.A., Sonoma State University, 1988; J.D.,
Thomas Jefferson School of Law, 1995
Joseph D. Daley
Patrick W. Daniels
Joseph D. Daley is a partner in the
Firm’s San Diego office, serves on the
Firm’s Securities Hiring Committee,
and is a member of the Firm’s
Appellate Practice Group.
Precedents include: Freidus v.
Barclays Bank Plc, 734 F.3d 132 (2d
Cir. 2013); Silverman v. Motorola
Solutions, Inc., _ F.3d _, 2013 U.S.
App. LEXIS 16878 (7th Cir. 2013); NECA-IBEW Health &
Welfare Fund v. Goldman Sachs & Co., 693 F.3d 145 (2d
Cir. 2012), cert. denied, _U.S._, 133 S. Ct. 1624 (2013);
Frank v. Dana Corp. (“Dana II”), 646 F.3d 954 (6th Cir.
2011); Siracusano v. Matrixx Initiatives, Inc., 585 F.3d 1167
(9th Cir. 2009), aff’d, _U.S._, 131 S. Ct. 1309 (2011); In re
HealthSouth Corp. Sec. Litig., 334 F. App’x 248 (11th Cir.
2009); Frank v. Dana Corp. (“Dana I”), 547 F.3d 564 (6th
Cir. 2008); Luther v. Countrywide Home Loans Servicing
LP, 533 F.3d 1031 (9th Cir. 2008); In re Merck & Co. Sec.,
Derivative & ERISA Litig., 493 F.3d 393 (3d Cir. 2007); and
In re Qwest Commc’ns Int’l, 450 F.3d 1179 (10th Cir.
2006). Mr. Daley is admitted to practice before the U.S.
Supreme Court, as well as before 12 U.S. Courts of Appeals
around the nation.
Patrick W. Daniels is a founding
partner of the Firm and a member of
the Firm’s Management Committee.
Mr. Daniels counsels private and state
government pension funds, central
banks and fund managers in the
United States, Australia, United Arab
Emirates, United Kingdom, the
Netherlands, and other countries
within the European Union on issues related to corporate
fraud in the United States securities markets and on “best
practices” in the corporate governance of publicly traded
companies. He has represented dozens of institutional
investors in some of the largest and most significant
shareholder actions in the United States, including the
Enron, WorldCom, AOL Time Warner and BP actions.
Education
B.S., Jacksonville University, 1981; J.D., University
of San Diego School of Law, 1996
Honors/
Awards
Super Lawyer, 2011-2012, 2014; Appellate Moot
Court Board, Order of the Barristers, University of
San Diego School of Law; Best Advocate Award
(Traynore Constitutional Law Moot Court
Competition), First Place and Best Briefs (Alumni
Torts Moot Court Competition and USD Jessup
International Law Moot Court Competition)
Education
Honors/
Awards
One of the Most 20 Most Influential Lawyers in
the State of California Under 40 Years of Age,
Daily Journal; Rising Star of Corporate
Governance, Yale School of Management’s
Milstein Center for Corporate Governance &
Performance; B.A., Cum Laude, University of
California, Berkeley, 1993
Stuart A. Davidson
Stuart A. Davidson is a partner in the
Firm’s Boca Raton office and currently
devotes his time to the representation
of investors in class actions involving
mergers and acquisitions, in
prosecuting derivative lawsuits on
behalf of public corporations, and in
prosecuting a number of consumer
fraud cases throughout the nation.
Since joining the Firm, Mr. Davidson has obtained multimillion dollar recoveries for healthcare providers, consumers
and shareholders, including cases involving Aetna Health,
Vista Healthplan, Fidelity Federal Bank & Trust, and
UnitedGlobalCom. He was a former lead trial attorney in the
Felony Division of the Broward County, Florida Public
Defender’s Office. During his tenure at the Public
Defender’s Office, Mr. Davidson tried over 30 jury trials and
represented individuals charged with a variety of offenses,
including life and capital felonies.
Education
B.A., State University of New York at Geneseo,
1993; J.D., Nova Southeastern University
Shepard Broad Law Center, 1996
Honors/
Awards
J.D., Summa Cum Laude, Nova Southeastern
University Shepard Broad Law Center, 1996;
Associate Editor, Nova Law Review, Book
Awards in Trial Advocacy, Criminal Pretrial
Practice and International Law
Jason C. Davis
Travis E. Downs III
Jason C. Davis is a partner in the
Firm’s San Francisco office. His
practice focuses on securities class
actions and complex litigation involving
equities, fixed-income, synthetic and
structured securities issued in public
and private transactions. He was on
the trial team that won a unanimous
jury verdict in the Household class
action against one of the world’s largest subprime lenders.
Travis E. Downs III is a partner in the
Firm’s San Diego office and focuses
his practice on the prosecution of
shareholder and securities litigation,
including shareholder derivative
litigation on behalf of corporations.
Mr. Downs has extensive experience in
federal and state shareholder litigation
and recently led a team of lawyers
who successfully prosecuted over 65 stock option
backdating derivative actions pending in state and federal
courts across the country, including In re Marvell Tech. Grp.,
Inc. Derivative Litig. ($54 million in financial relief and
extensive corporate governance enhancements); In re KLATencor Corp. Derivative Litig. ($42.6 million in financial relief
and significant corporate governance reforms); In re McAfee,
Inc. Derivative Litig. ($30 million in financial relief and
corporate governance enhancements); In re Activision Corp.
Derivative Litig. ($24.3 million in financial relief and extensive
corporate governance reforms); and In re Juniper Networks,
Inc. Derivative Litig. ($22.7 million in financial relief and
significant corporate governance enhancements).
Previously, Mr. Davis focused on cross-border transactions,
mergers and acquisitions at Cravath, Swaine and Moore LLP
in New York.
Education
B.A., Syracuse University, 1998; J.D., University of
California at Berkeley, Boalt Hall School of Law,
2002
Honors/
Awards
B.A., Summa Cum Laude, Syracuse University,
1998; International Relations Scholar of the year,
Syracuse University; Teaching fellow, examination
awards, Moot court award, University of California
at Berkeley, Boalt Hall School of Law
Michael J. Dowd
Michael J. Dowd is a founding partner
in the Firm’s San Diego office and a
member of the Firm’s Executive and
Management Committees. Mr. Dowd
is responsible for prosecuting complex
securities cases and has obtained
significant recoveries for investors in
cases such as AOL Time Warner,
UnitedHealth, WorldCom, Qwest,
Vesta, U.S. West and Safeskin. In 2009, he served as lead
trial counsel in Jaffe v. Household Int’l Inc. in the Northern
District of Illinois, which resulted in a jury liability verdict and
judgment of $2.46 billion for plaintiffs. Mr. Dowd also served
as the lead trial lawyer in In re AT&T Corp. Sec. Litig., which
was tried in the District of New Jersey and settled after only
two weeks of trial for $100 million. He served as an
Assistant United States Attorney in the Southern District of
California from 1987-1991, and again from 1994-1998.
Education
B.A., Fordham University, 1981; J.D., University of
Michigan School of Law, 1984
Honors/
Awards
Super Lawyer, 2010-2014; Attorney of the Year,
California Lawyer, 2010; Top 100 Lawyers, Daily
Journal, 2009; Director’s Award for Superior
Performance, United States Attorney’s Office;
B.A., Magna Cum Laude, Fordham University,
1981
Education
B.A., Whitworth University, 1985; J.D., University
of Washington School of Law, 1990
Honors/
Awards
Board of Trustees, Whitworth University; Super
Lawyer, 2008; B.A., Honors, Whitworth
University, 1985
Daniel S. Drosman
Jason A. Forge
Daniel S. Drosman is a partner in the
his practice on securities fraud and
other complex civil litigation. Mr.
Drosman has obtained significant
recoveries for investors in cases such
as Cisco Systems, Coca-Cola, Petco,
PMI and America West. In 2009, he
served as one of the lead trial
attorneys in Jaffe v. Household Int’l, Inc. in the Northern
District of Illinois, which resulted in a jury verdict and
judgment of $2.46 billion for plaintiffs. He also led a group
of attorneys prosecuting fraud claims against the credit rating
agencies, where he was distinguished as one of the few
plaintiffs’ counsel to overcome the credit rating agencies’
motions to dismiss.
Jason A. Forge is a partner in the
Firm’s San Diego office, specializing in
complex investigations, litigation, and
trials. As a federal prosecutor and
private practitioner, he has conducted
dozens of jury and bench trials in
federal and state courts, including the
month-long trial of a defense
contractor who conspired with
Congressman Randy “Duke” Cunningham in the largest
bribery scheme in congressional history. Mr. Forge has
taught trial practice techniques on local and national levels.
He has also written and argued many state and federal
appeals, including an en banc argument in the Ninth Circuit.
Representative results include United States v. Wilkes, 662
F.3d 524 (9th Cir. 2011) (affirming in all substantive
respects, fraud, bribery, and money laundering convictions),
cert. denied, _U.S._, 132 S. Ct. 2119 (2012), and United
States v. Iribe, 564 F.3d 1155 (9th Cir. 2009) (affirming use
of U.S.-Mexico extradition treaty to extradite and convict
defendant who kidnapped and murdered private
investigator).
Prior to joining the Firm, Mr. Drosman served as an Assistant
District Attorney for the Manhattan District Attorney’s Office,
and an Assistant United States Attorney in the Southern
District of California, where he investigated and prosecuted
violations of the federal narcotics, immigration, and official
corruption law.
Education
B.A., Reed College, 1990; J.D., Harvard Law
School, 1993
Honors/
Awards
Department of Justice Special Achievement
Award, Sustained Superior Performance of Duty;
B.A., Honors, Reed College, 1990; Phi Beta
Kappa, Reed College, 1990
Thomas E. Egler
Thomas E. Egler is a partner in the
his practice on the prosecution of
securities class actions on behalf of
defrauded shareholders. He is
responsible for prosecuting securities
fraud class actions and has obtained
recoveries for investors in litigation
involving WorldCom ($657 million),
AOL Time Warner ($629 million), and Qwest ($445 million),
as well as dozens of other actions. Prior to joining the Firm,
Mr. Egler was a law clerk to the Honorable Donald E. Ziegler,
Chief Judge, United States District Court, Western District of
Pennsylvania.
Education
B.A., Northwestern University, 1989; J.D., The
Catholic University of America, Columbus School
of Law, 1995
Honors/
Awards
Associate Editor, The Catholic University Law
Review
Education
B.B.A., The University of Michigan Ross School of
Business, 1990; J.D., The University of Michigan
Law School, 1993
Honors/
Awards
Two-time recipient of one of Department of
Justice’s highest awards: Director’s Award for
Superior Performance by Litigation Team;
numerous commendations from Federal Bureau of
Investigation (including commendation from FBI
Director Robert Mueller III), Internal Revenue
Service, and Defense Criminal Investigative
Service; J.D., Magna Cum Laude, Order of the
Coif, The University of Michigan Law School,
1993; B.B.A., High Distinction, The University of
Michigan Ross School of Business, 1990
Paul J. Geller
David J. George
Paul J. Geller, one of the Firm’s
founding partners, manages the Firm’s
Boca Raton office and sits on the
Firm’s Executive Committee. Before
devoting his practice exclusively to the
representation of plaintiffs, he
defended blue-chip companies in
class action lawsuits at one of the
world’s largest corporate defense
firms. Mr. Geller’s class action experience is broad, and he
has handled cases in each of the Firm’s practice areas. His
securities fraud successes include class actions against
three large mutual fund families for the manipulation of asset
values (Hicks v. Morgan Stanley; Abrams v. Van Kampen; In
re Eaton Vance) ($51.5 million aggregate settlements) and a
case against Lernout & Hauspie Speech Products, N.V.
($115 million settlement). In the derivative arena, he was
lead derivative counsel in a case against Prison Realty Trust
($120 million total aggregate settlement). In the corporate
takeover area, he led cases against the boards of directors of
Outback Steakhouse ($30 million additional consideration to
shareholders) and Intermedia Corp. ($38 million settlement).
Finally, he has handled many consumer fraud class actions,
including cases against Fidelity Federal for privacy violations
($50 million settlement) and against Dannon for falsely
advertising the health benefits of yogurt ($45 million
settlement).
David J. George is a partner in the
Firm’s Boca Raton office and devotes
his practice to representing defrauded
investors in securities class actions.
Mr. George, a zealous advocate of
shareholder rights, has been lead
and/or co-lead counsel with respect to
various securities class action matters,
including In re Cryo Cell Int’l, Inc. Sec.
Litig. ($7 million settlement); In re TECO Energy, Inc. Sec.
Litig. ($17.35 million settlement); In re Newpark Res., Inc.
Sec. Litig. ($9.24 million settlement); In re Mannatech, Inc.
Sec. Litig. ($11.5 million settlement); and R.H. Donnelley
($25 million settlement). He has also acted as lead counsel
in numerous consumer class actions, including Lewis v.
Labor Ready, Inc. ($11 million settlement); and In re
Webloyalty.com, Inc. Mktg. Practices & Sales Practices Litig.
($10 million settlement). Mr. George was also a member of
the litigation team in In re UnitedHealth Grp. Inc. PSLRA
Litig. ($925.5 million settlement).
Education
B.S., University of Florida, 1990; J.D., Emory
Honors/
Awards
Super Lawyer, 2007-2014; One of Florida’s Top
Lawyers, Law & Politics; One of the Nation’s Top
500 Lawyers, Lawdragon; One of the Nation’s
Top 40 Under 40, The National Law Journal;
Editor, Emory Law Journal; Order of the Coif,
Emory University School of Law; “Florida Super
Lawyer,” Law & Politics; “Legal Elite,” South Fla.
Bus. Journal; “Most Effective Lawyer Award,”
American Law Media
Education
B.A., University of Rhode Island, 1988; J.D.,
University of Richmond School of Law, 1991
Honors/
Awards
One of Florida’s Most Effective
Corporate/Securities Lawyers (only plaintiffs’
counsel recognized), Daily Business Review; J.D.,
Highest Honors, Outstanding Graduate &
Academic Performance Awards, President of
McNeill Law Society, University of Richmond
School of Law
Jonah H. Goldstein
Jonah H. Goldstein is a partner in the
responsible for prosecuting complex
securities cases and obtaining
recoveries for investors. He also
represents corporate whistleblowers
who report violations of the securities
laws. Mr. Goldstein has achieved
significant settlements on behalf of
investors including in In re HealthSouth Sec. Litig. (over
$670 million recovered against HealthSouth, UBS and Ernst
& Young) and In re Cisco Sec. Litig. (approximately $100
million). He also served on the Firm’s trial team in In re AT&T
Corp. Sec. Litig., which settled after two weeks of trial for
$100 million. Prior to joining the Firm, Mr. Goldstein served
as a law clerk for the Honorable William H. Erickson on the
Colorado Supreme Court and as an Assistant United States
Attorney for the Southern District of California, where he tried
numerous cases and briefed and argued appeals before the
Ninth Circuit Court of Appeals.
Education
B.A., Duke University, 1991; J.D., University of
Denver College of Law, 1995
Honors/
Awards
Comments Editor, University of Denver Law
Review, University of Denver College of Law
Benny C. Goodman III
John K. Grant
Benny C. Goodman III is a partner in
the Firm’s San Diego office and
concentrates his practice on
shareholder derivative and securities
class actions. He has achieved
groundbreaking settlements as lead
counsel in a number of shareholder
derivative actions related to stock
option backdating by corporate
insiders, including In re KB Home S’holder Derivative Litig.
(extensive corporate governance changes, over $80 million
cash back to the company); In re Affiliated Computer Servs.
Derivative Litig. ($30 million recovery); and Gunther v.
Tomasetta (corporate governance overhaul, including
shareholder nominated directors, and cash payment to
Vitesse Semiconductor Corporation from corporate insiders).
Mr. Goodman also represented over 60 public and private
institutional investors that filed and settled individual actions
in the WorldCom securities litigation. Additionally, he
successfully litigated several other notable securities class
actions against companies such as Infonet Services
Corporation, Global Crossing, and Fleming Companies, Inc.,
each of which resulted in significant recoveries for
shareholders.
John K. Grant is a partner in the Firm’s
San Francisco office and devotes his
practice to representing investors in
securities fraud class actions. Mr.
Grant has litigated numerous
successful securities actions as lead
or co-lead counsel, including In re
Micron Tech., Inc. Sec. Litig. ($42
million recovery), Perera v. Chiron
Corp. ($40 million recovery), King v. CBT Grp., PLC ($32
million recovery), and In re Exodus Commc’ns, Inc. Sec.
Litig. ($5 million recovery).
Education
B.S., Arizona State University, 1994; J.D.,
Elise J. Grace
Elise J. Grace is a partner in the San Diego office and
responsible for advising the Firm’s state and government
pension fund clients on issues related to securities fraud and
corporate governance. Ms. Grace serves as the Editor-inChief of the Firm’s Corporate Governance Bulletin and is a
frequent lecturer on securities fraud, shareholder litigation,
and options for institutional investors seeking to recover
losses caused by securities and accounting fraud. She has
prosecuted various significant securities fraud class actions,
including the AOL Time Warner state and federal securities
opt-out litigations, which resulted in a combined settlement
of $629 million for defrauded shareholders. Prior to joining
the Firm, Ms. Grace was an associate at Brobeck Phleger &
Harrison LLP and Clifford Chance LLP, where she defended
various Fortune 500 companies in securities class actions
and complex business litigation.
Education
B.A., University of California, Los Angeles, 1993;
J.D., Pepperdine School of Law, 1999
Honors/
Awards
J.D., Magna Cum Laude, Pepperdine School of
Law, 1999; AMJUR American Jurisprudence
Awards - Conflict of Laws; Remedies; Moot Court
Oral Advocacy; Dean’s Academic Scholarship,
Pepperdine School of Law; B.A., Summa Cum
Laude, University of California, Los Angeles,
1993; B.A., Phi Beta Kappa, University of
California, Los Angeles, 1993
Education
B.A., Brigham Young University, 1988; J.D.,
University of Texas at Austin, 1990
Kevin K. Green
Kevin K. Green is a partner in the
represents defrauded investors and
consumers in the appellate courts. He
is a member of the California Academy
of Appellate Lawyers and a Certified
Appellate Specialist, State Bar of
California Board of Legal
Specialization. Mr. Green has filed
briefs and argued appeals and writs in jurisdictions across
the country. Decisions include: Kwikset Corp. v. Superior
Court, 51 Cal. 4th 310 (2011); Luther v. Countrywide Fin.
Corp., 195 Cal. App. 4th 789 (2011); In re F5 Networks,
Inc., Derivative Litig., 207 P.3d 433 (Wash. 2009); Smith v.
Am. Family Mut. Ins. Co., 289 S.W.3d 675 (Mo. Ct. App.
2009); Alaska Elec. Pension Fund v. Brown, 941 A.2d 1011
(Del. 2007); and Lebrilla v. Farmers Grp., Inc., 119 Cal. App.
4th 1070 (2004).
Education
Notre Dame Law School, 1995
Honors/
Awards
Super Lawyer, 2008-2014; Consumer Attorneys
of California, 2013 President’s Award of Merit
(Amicus Curiae Committee)
Tor Gronborg
Robert Henssler
Tor Gronborg is a partner in the Firm’s
San Diego office and focuses his
practice on securities fraud actions.
Mr. Gronborg has served as lead or
co-lead litigation counsel in various
cases that have collectively recovered
more than $1 billion for investors,
including In re Cardinal Health, Inc.
Sec. Litig. ($600 million); Silverman v.
Motorola, Inc. ($200 million); In re Prison Realty Sec. Litig.
($104 million); and In re CIT Group Sec. Litig. ($75 million).
On three separate occasions, his pleadings have been
upheld by the federal Courts of Appeals (Broudo v. Dura
Pharms., Inc., 339 F.3d 933 (9th Cir. 2003), rev’d on other
grounds, 554 U.S. 336 (2005); In re Daou Sys., 411 F.3d
1006 (9th Cir. 2005); Staehr v. Hartford Fin.Servs. Grp.,
547 F.3d 406 (2d Cir. 2008)), and he has been responsible
for a number of significant rulings, including Silverman v.
Motorola, Inc., 798 F. Supp. 2d 954 (N.D. Ill. 2011); Roth v.
Aon Corp., 2008 U.S. Dist. LEXIS 18471 (N.D. Ill. 2008); In
re Cardinal Health, Inc. Sec. Litigs., 426 F. Supp. 2d 688
(S.D. Ohio 2006); and In re Dura Pharms., Inc. Sec. Litig.,
452 F. Supp. 2d 1005 (S.D. Cal. 2006).
Robert Henssler is a partner in the
his practice on securities fraud
actions. Mr. Henssler has served as
counsel in various cases that have
collectively recovered more than $1
billion for investors, including In re
Enron Corp. Sec. Litig., In re Dynegy,
Inc. Sec. Litig. and In re CIT Grp. Inc.
Sec. Litig. He has been responsible for a number of
significant rulings, including: In re Novatel Wireless Sec.
Litig., 846 F. Supp. 2d 1104 (S.D. Cal. 2012); In re Novatel
Wireless Sec. Litig., 830 F. Supp. 2d 996 (S.D. Cal. 2011);
and Richman v. Goldman Sachs Grp., Inc., 868 F. Supp. 2d
261 (S.D.N.Y. 2012).
Education
B.A., University of California, Santa Barbara,
1991; Rotary International Scholar, University of
Lancaster, U.K., 1992; J.D., University of
California, Berkeley, 1995
Honors/
Awards
Super Lawyer, 2013-2014; Moot Court Board
Member, University of California, Berkeley; AFLCIO history scholarship, University of California,
Santa Barbara
Ellen Gusikoff Stewart
Ellen Gusikoff Stewart is a partner in
practices in the Firm’s settlement
department, negotiating and
documenting the Firm’s complex
securities, merger, ERISA and stock
options backdating derivative actions.
Recent settlements include In re
Forest Labs., Inc. Sec. Litig. ($65
million); In re Activision, Inc. S’holder Derivative Litig. ($24.3
million in financial benefits to Activision in options backdating
litigation); In re Affiliated Computer Servs. Derivative Litig.
($30 million cash benefit to ACS in options backdating
litigation); and In re TD Banknorth S’holders Litig. ($50
million).
Education
B.A., Muhlenberg College, 1986; J.D., Case
Western Reserve University, 1989
Honors/
Awards
Peer-Rated by Martindale-Hubbell
Education
B.A., University of New Hampshire, 1997; J.D.,
Dennis J. Herman
Dennis J. Herman is a partner in the
concentrates his practice on securities
class action litigation. He has led or
been significantly involved in the
prosecution of numerous securities
fraud claims that have resulted in
substantial recoveries for investors,
including settled actions against
Coca-Cola ($137 million), VeriSign ($78 million),
NorthWestern ($40 million), America Service Group ($15
million), Specialty Laboratories ($12 million), Stellent ($12
million) and Threshold Pharmaceuticals ($10 million). Mr.
Herman led the prosecution of the securities action against
Lattice Semiconductor, which resulted in a significant,
precedent-setting decision regarding the liability of officers
who falsely certify the adequacy of internal accounting
controls under the Sarbanes-Oxley Act.
Education
B.S., Syracuse University, 1982; J.D., Stanford
Law School, 1992
Honors/
Awards
Order of the Coif, Stanford Law School; Urban A.
Sontheimer Award (graduating second in his
class), Stanford Law School; Award-winning
Investigative Newspaper Reporter and Editor in
California and Connecticut
John Herman
Eric Alan Isaacson
John Herman is the Chair of the Firm’s
Intellectual Property Practice and
manages the Firm’s Atlanta office. Mr.
Herman has spent his career enforcing
the intellectual property rights of
famous inventors and innovators
against infringers throughout the
United States. He has assisted patent
owners in collecting hundreds of
millions of dollars in royalties. Mr. Herman is recognized by
his peers as being among the leading intellectual property
litigators in the country. His noteworthy cases include
representing renowned inventor Ed Phillips in the landmark
case of Phillips v. AWH Corp.; representing pioneers of
mesh technology – David Petite and Edwin Brownrigg – in a
series of patent infringement cases on multiple patents; and
acting as plaintiffs’ counsel in the In re Home Depot
shareholder derivative actions pending in Fulton County
Superior Court.
Eric Alan Isaacson is a partner in the
Firm’s San Diego office and has
prosecuted many securities fraud
class actions, including In re Apple
Computer Sec. Litig. Since the early
1990s, Mr. Issacson’s practice has
focused primarily on appellate matters
in cases that have produced dozens of
published precedents, including
Alaska Elec. Pension Fund v. Pharmacia Corp., 554 F.3d
342 (3d Cir. 2009); In re NYSE Specialists Sec. Litig., 503
F.3d 89 (2d Cir. 2007); and In re WorldCom Sec. Litig., 496
F.3d 245 (2d Cir. 2007). He has also authored a number of
publications, including What’s Brewing in Dura v. Broudo?
The Plaintiffs’ Attorneys Review the Supreme Court’s
Opinion and Its Import for Securities-Fraud Litigation (coauthored with Patrick J. Coughlin and Joseph D. Daley), 37
Loy. U. Chi. L.J. 1 (2005); and Securities Class Actions in
the United States (co-authored with Patrick J. Coughlin),
Litigation Issues in the Distribution of Securities: An
International Perspective 399 (Kluwer Int’l/Int’l Bar Ass’n,
1997).
Education
B.S., Marquette University, 1988; J.D., Vanderbilt
University Law School, 1992
Honors/
Awards
Super Lawyer, 2005-2010; Top 100 Georgia
Super Lawyers list; John Wade Scholar,
Vanderbilt University Law School; Editor-in-Chief,
Vanderbilt Journal, Vanderbilt University Law
School; B.S., Summa Cum Laude, Marquette
University, 1988
Education
B.A., Ohio University, 1982; J.D., Duke University
School of Law, 1985
Honors/
Awards
Super Lawyer, 2008-2014; Unitarian Universalist
Association Annual Award for Volunteer Service;
J.D., High Honors, Order of the Coif, Duke
University School of Law, 1985; Comment Editor,
Duke Law Journal, Moot Court Board, Duke
University School of Law
James I. Jaconette
Evan J. Kaufman
James I. Jaconette is a partner in the
his practice on securities class action
and shareholder derivative litigation.
He has served as one of the lead
counsel in securities cases with
recoveries to individual and
institutional investors totaling over $8
billion. He also advises institutional
investors, including hedge funds, pension funds and financial
institutions. Landmark securities actions in which he
contributed in a primary litigating role include In re Informix
Corp. Sec. Litig., and In re Dynegy Inc. Sec. Litig. and In re
Enron Corp. Sec. Litig., where he represented lead plaintiff
The Regents of the University of California. In addition, Mr.
Jaconette has extensive experience in options backdating
matters.
Evan J. Kaufman is a partner in the
Firm’s Melville office and focuses his
practice in the area of complex
litigation in federal and state courts
including securities, corporate
mergers and acquisitions, derivative,
and consumer fraud class actions. Mr.
Kaufman has served as lead counsel
or played a significant role in
numerous actions, including In re TD Banknorth S’holders
Litig. ($50 million recovery); In re Gen. Elec. Co. ERISA
Litig. ($40 million cost to GE, including significant
improvements to GE’s employee retirement plan, and
benefits to GE plan participants valued in excess of $100
million); EnergySolutions, Inc. Sec. Litig. ($26 million
recovery); Lockheed Martin Corp. Sec. Litig. ($19.5 million
recovery); In re Warner Chilcott Ltd. Sec. Litig. ($16.5 million
recovery); and In re Giant Interactive Grp., Inc. Sec. Litig.
($13 million recovery).
Education
Honors/
Awards
B.A., San Diego State University, 1989; M.B.A.,
San Diego State University, 1992; J.D., University
of California Hastings College of the Law, 1995
J.D., Cum Laude, University of California Hastings
College of the Law, 1995; Associate Articles
Editor, Hastings Law Journal, University of
California Hastings College of the Law; B.A., with
Honors and Distinction, San Diego State
University, 1989
Education
B.A., University of Michigan, 1992; J.D., Fordham
Honors/
Awards
Super Lawyer, 2013; Member, Fordham
International Law Journal, Fordham University
School of Law
David A. Knotts
Rachel L. Jensen
Rachel L. Jensen is a partner in the
her practice on nationwide consumer,
insurance and securities class actions.
Most recently, her practice has
focused on hazardous children’s toys,
helping to secure a nationwide
settlement with toy manufacturing
giants Mattel and Fisher-Price that
provided full consumer refunds and required greater quality
assurance programs. Prior to joining the Firm, Ms. Jensen
was an associate at Morrison & Foerster in San Francisco
and later served as a clerk to the Honorable Warren J.
Ferguson of the Ninth Circuit Court of Appeals. She also
worked abroad as a law clerk in the Office of the Prosecutor
at the International Criminal Tribunal for Rwanda (ICTR) and
at the International Criminal Tribunal for the Former
Yugoslavia (ICTY).
Education
B.A., Florida State University, 1997; University of
Oxford, International Human Rights Law Program
at New College, Summer 1998; J.D., Georgetown
University Law School, 2000
Honors/
Awards
Nominated for 2011 Woman of the Year, San
Diego Magazine; Editor-in-Chief, First Annual
Review of General and Sexuality Law,
Georgetown University Law School; Dean’s List
1998-1999; B.A., Cum Laude, Florida State
University’s Honors Program, 1997; Phi Beta
Kappa
David A. Knotts is a partner in the
Firm’s San Diego office and currently
focuses his practice on securities
class action litigation in the context of
mergers and acquisitions,
representing both individual
shareholders and institutional
investors. In connection with that
work, he has been counsel of record
for shareholders on a number of significant decisions from
the Delaware Court of Chancery.
Prior to joining Robbins Geller, Mr. Knotts was an associate
at one of the largest law firms in the world and represented
corporate clients in various aspects of state and federal
litigation, including major antitrust matters, trade secret
disputes, unfair competition claims, and intellectual property
litigation.
Education
B.S., University of Pittsburgh, 2001; J.D., Cornell
Law School, 2004
Honors/
Awards
Wiley W. Manuel Award for Pro Bono Legal
Services, State Bar of California; Casa Cornelia
Inns of Court; J.D., Cum Laude, Cornell Law
School, 2004
Catherine J. Kowalewski
Arthur C. Leahy
Catherine J. Kowalewski is a partner in
focuses her practice on the
investigation of potential actions on
behalf of defrauded investors, primarily
in the area of accounting fraud. In
addition to being an attorney, Ms.
Kowalewski is a Certified Public
Accountant. She has participated in
the investigation and litigation of many large accounting
scandals, including In re Cardinal Health, Inc. Sec. Litig. and
In re Krispy Kreme Doughnuts, Inc. Sec. Litig., and
numerous companies implicated in the stock option
backdating scandal. Prior to joining the Firm, Ms.
Kowalewski served as a judicial extern to the Honorable
Richard D. Huffman of the California Court of Appeal.
Arthur C. Leahy is a founding partner
in the Firm’s San Diego office and a
member of the Firm’s Executive and
Management Committees. Mr. Leahy
has over 15 years of experience
successfully litigating securities class
actions and derivative cases. He has
recovered well over a billion dollars for
the Firm’s clients and has also
negotiated comprehensive pro-investor corporate
governance reforms at several large public companies. Mr.
Leahy was part of the Firm’s trial team in the AT&T securities
litigation, which AT&T and its former officers paid $100
million to settle after two weeks of trial. Prior to joining the
Firm, he served as a judicial extern for the Honorable J.
Clifford Wallace of the United States Court of Appeals for
the Ninth Circuit, and served as a judicial law clerk for the
Honorable Alan C. Kay of the United States District Court for
the District of Hawaii.
Education
B.B.A., Ohio University, 1994; M.B.A., Limburgs
Universitair Centrum, 1995; J.D., University of San
Diego School of Law, 2001
Honors/
Awards
Super Lawyer, 2013-2014; Lead Articles Editor,
San Diego Law Review, University of San Diego
Education
B.A., Point Loma College, 1987; J.D., University of
San Diego School of Law, 1990
Honors/
Awards
J.D., Cum Laude, University of San Diego School
of Law, 1990; Managing Editor, San Diego Law
Review, University of San Diego School of Law
Laurie L. Largent
Laurie L. Largent is a partner in the
Firm’s San Diego, California office.
Her practice focuses on securities
class action and shareholder
derivative litigation and she has helped
recover millions of dollars for injured
shareholders. She earned her
Bachelor of Business Administration
degree from the University of
Oklahoma in 1985 and her Juris Doctor degree from the
University of Tulsa in 1988. While at the University of Tulsa,
Ms. Largent served as a member of the Energy Law Journal
and is the author of Prospective Remedies Under NGA
Section 5; Office of Consumers’ Counsel v. FERC, 23 Tulsa
L.J. 613 (1988). She has also served as an Adjunct
Business Law Professor at Southwestern College in Chula
Vista, California. Prior to joining the Firm, Ms. Largent was in
private practice for 15 years specializing in complex litigation,
handling both trials and appeals in state and federal courts
for plaintiffs and defendants.
Education
B.B.A., University of Oklahoma, 1985; J.D.,
University of Tulsa, 1988
Jeffrey D. Light
Jeffrey D. Light is a partner in the
Firm’s San Diego office and also
currently serves as a Judge Pro Tem
for the San Diego County Superior
Court. Mr. Light practices in the
Firm’s settlement department,
negotiating, documenting, and
obtaining court approval of the Firm’s
complex securities, merger, consumer
and derivative actions. These settlements include In re
Kinder Morgan, Inc. S’holder Litig. ($200 million recovery);
In re Currency Conversion Fee Antitrust Litig. ($336 million
recovery); In re Qwest Commc’ns Int’l Inc. Sec. Litig. ($445
million recovery); and In re AT&T Corp. Sec. Litig. ($100
million recovery). Prior to joining the Firm, he served as a law
clerk to the Honorable Louise DeCarl Adler, United States
Bankruptcy Court, Southern District of California, and the
Honorable James Meyers, Chief Judge, United States
Bankruptcy Court, Southern District of California.
Education
B.A., San Diego State University, 1987; J.D.,
Honors/
Awards
of Law, 1991; Judge Pro Tem, San Diego
Superior Court; American Jurisprudence Award in
Constitutional Law
Ryan Llorens
Ryan Llorens is a partner in the Firm’s
San Diego office. Mr. Llorens’
practice focuses on litigating complex
securities fraud cases. He has worked
on a number of securities cases that
have resulted in significant recoveries
for investors, including In re
HealthSouth Corp. Sec. Litig. ($670
million); AOL Time Warner ($629
million); In re AT&T Corp. Sec. Litig. ($100 million); In re
Fleming Cos. Sec. Litig. ($95 million); and In re Cooper
Cos., Inc. Sec Litig. ($27 million).
Education
B.A., Pitzer College, 1997; J.D., University of San
Diego School of Law, 2002
Thomas R. Merrick
Thomas R. Merrick is a partner in the
Firm’s San Diego office whose
practice focuses on complex class
action and antitrust litigation. Mr.
Merrick was on the successful trial
teams in Lebrilla v. Farmers Grp., Inc.,
and Smith v. Am. Family Mut. Ins. Co.,
289 S.W.3d 675 (Mo. Ct. App. 2009)
(upholding unanimous jury verdict in
plaintiffs’ favor). He is also counsel for a certified class of
direct purchaser plaintiffs in The Apple iPod iTunes AntiTrust Litig. and In re Aftermarket Automotive Lighting
Products Antitrust Litig., which has so far resulted in
recoveries for the class of $25.45 million. Prior to joining the
Firm, Mr. Merrick served as a Deputy San Diego City
Attorney and worked as a general practice attorney in Illinois.
Education
1986; J.D., California Western School of Law,
1992
Honors/
Awards
B.A., with high honors and distinction, University
of California, Santa Barbara, 1986; J.D. Magna
Cum Laude, California Western School of Law,
1992; Editor-in-Chief of both California Western
Law Review and California Western International
Law Journal, California Western School of Law
Mark T. Millkey
Mark T. Millkey is a partner in the
Firm’s Melville office. He has
significant experience in the area of
complex securities class actions,
consumer fraud class actions, and
derivative litigation.
Mr. Millkey was previously involved in
a consumer litigation against MetLife,
which resulted in a benefit to the class
of approximately $1.7 billion, and a securities class action
against Royal Dutch/Shell, which settled for a minimum cash
benefit to the class of $130 million and a contingent value of
more than $180 million. He also has significant appellate
experience in both the federal court system and the state
courts of New York.
Education
B.A., Yale University, 1981; M.A., University of
Virginia, 1983; J.D., University of Virginia, 1987
Honors/
Awards
Super Lawyer, 2013
David W. Mitchell
David W. Mitchell is a partner in the
his practice on securities fraud,
antitrust and derivative litigation. Mr.
Mitchell has achieved significant
settlements on behalf of plaintiffs in
numerous cases, including Thomas &
Thomas Rodmakers, Inc. v. Newport
Adhesives & Composites, Inc., which
settled for $67.5 million, and In re Currency Conversion Fee
Antitrust Litig., which settled for $336 million. Mr. Mitchell is
currently litigating securities, derivative and antitrust actions,
including In re NYSE Specialists Sec. Litig.; In re Payment
Card Interchange Fee & Merch. Disc. Antitrust Litig.; Dahl v.
Bain Capital Partners, LLC; and In re Johnson & Johnson
Derivative Litig.
Prior to joining the Firm, he served as an Assistant United
States Attorney in the Southern District of California and
prosecuted cases involving narcotics trafficking, bank
robbery, murder-for-hire, alien smuggling, and terrorism. Mr.
Mitchell has tried nearly 20 cases to verdict before federal
criminal juries and made numerous appellate arguments
before the Ninth Circuit Court of Appeals.
Education
B.A., University of Richmond, 1995; J.D.,
Cullin Avram O’Brien
Lucas F. Olts
Cullin Avram O’Brien is a partner in
the Firm’s Boca Raton office and
concentrates his practice in direct and
derivative shareholder class actions,
consumer class action litigation, and
securities fraud cases. Prior to joining
the Firm, Mr. O’Brien gained extensive
trial and appellate experience in a wide
variety of practices, including as an
Assistant Public Defender in Broward County, Florida, as a
civil rights litigator in non-profit institutes, and as an
associate at a national law firm that provides litigation
defense for corporations.
Lucas F. Olts is a partner in the Firm’s
San Diego office, where his practice
focuses on securities litigation on
behalf of individual and institutional
investors. He served as co-lead
counsel in In re Wachovia Preferred
Securities and Bond/Notes Litig.,
which recovered $627 million under
the Securities Act of 1933. He also
served as lead counsel in Siracusano v. Matrixx Initiatives,
Inc., in which the U.S. Supreme Court unanimously affirmed
the decision of the Ninth Circuit that plaintiffs stated a claim
for securities fraud under §10(b) of the Securities Exchange
Act of 1934 and SEC Rule 10b-5. Prior to joining the Firm,
Mr. Olts served as a Deputy District Attorney for the County
of Sacramento, where he tried numerous cases to verdict,
including crimes of domestic violence, child abuse and
sexual assault.
Education
B.A., Tufts University, 1999; J.D., Harvard Law
School, 2002
Brian O. O’Mara
Brian O. O’Mara is a partner in the
Firm’s San Diego office. His practice
focuses on securities fraud and
complex antitrust litigation. Since
2003, Mr. O’Mara has served as lead
or co-lead counsel in numerous
shareholder actions, and has been
responsible for a number of significant
rulings, including: In re MGM Mirage
Sec. Litig., 2013 U.S. Dist. LEXIS 139356 (D. Nev. 2013); In
re Constar Int’l Inc. Sec. Litig., 2008 U.S. Dist. LEXIS 16966
(E.D. Pa. 2008), aff’d, 585 F.3d 774 (3d Cir. 2009); In re
Direct Gen. Corp. Sec. Litig., 2006 U.S. Dist. LEXIS 56128
(M.D. Tenn. 2006); and In re Dura Pharm., Inc. Sec. Litig.,
452 F. Supp. 2d 1005 (S.D. Cal. 2006). Prior to joining the
Firm, he served as law clerk to the Honorable Jerome M.
Polaha of the Second Judicial District Court of the State of
Nevada.
Education
B.A., University of Kansas, 1997; J.D., DePaul
University, College of Law, 2002
Honors/
Awards
CALI Excellence Award in Securities Regulation,
DePaul University, College of Law
Education
2001; J.D., University of San Diego School of
Law, 2004
Steven W. Pepich
Steven W. Pepich is a partner in the Firm’s San Diego office.
His practice primarily focuses on securities class action
litigation, but he has also represented plaintiffs in a wide
variety of complex civil cases, including mass tort, royalty,
civil rights, human rights, ERISA and employment law
actions. Mr. Pepich has participated in the successful
prosecution of numerous securities class actions, including
Carpenters Health & Welfare Fund v. Coca-Cola Co.
($137.5 million recovery); In re Fleming Cos. Sec. ($95
million recovery); and In re Boeing Sec. Litig. ($92 million
recovery). He was also a member of the plaintiffs’ trial team
in Mynaf v. Taco Bell Corp., which settled after two months
at trial on terms favorable to two plaintiff classes of restaurant
workers for recovery of unpaid wages, and a member of the
plaintiffs’ trial team in Newman v. Stringfellow, where after a
nine-month trial, all claims for exposure to toxic chemicals
were resolved for $109 million.
Education
B.S., Utah State University, 1980; J.D., DePaul
University, 1983
Theodore J. Pintar
Mark S. Reich
Theodore J. Pintar is a partner in the
Firm’s San Diego office. Mr. Pintar
has over 15 years of experience
prosecuting securities fraud actions
and insurance-related consumer class
actions, with recoveries in excess of
$1 billion. He was a member of the
litigation team in the AOL Time
Warner securities opt-out actions,
which resulted in a global settlement of $629 million. Mr.
Pintar’s participation in the successful prosecution of
insurance-related and consumer class actions includes:
actions against major life insurance companies based on the
deceptive sale of annuities and life insurance such as
Manufacturer’s Life ($555 million initial estimated settlement
value) and Principal Mutual Life Insurance Company ($380+
million settlement value); actions against major homeowners
insurance companies such as Allstate ($50 million
settlement) and Prudential Property and Casualty Co. ($7
million settlement); actions against automobile insurance
companies such as the Auto Club and GEICO; and actions
against Columbia House ($55 million settlement value) and
BMG Direct, direct marketers of CDs and cassettes.
Mark S. Reich is a partner in the Firm’s
Melville office. He focuses his
practice on corporate takeover,
consumer fraud and securities
litigation. Mr. Reich’s notable
achievements include: In re Aramark
Corp. S’holders Litig. ($222 million
increase in consideration paid to
shareholders and substantial
reduction to management’s voting power – from 37% to
3.5% – in connection with approval of going-private
transaction); In re TD Banknorth S’holders Litig. ($50 million
recovery for shareholders); In re Delphi Fin. Grp. S’holders
Litig. ($49 million post-merger settlement for Class A Delphi
shareholders); and In re Gen. Elec. Co. ERISA Litig.
(structural changes to company’s 401(k) plan valued at over
$100 million, benefiting current and future plan participants).
Education
University of Utah College of Law, 1987
Honors/
Awards
Super Lawyer, 2014; Note and Comment Editor,
Journal of Contemporary Law, University of Utah
College of Law; Note and Comment Editor,
Journal of Energy Law and Policy, University of
Utah College of Law
Willow E. Radcliffe
Willow E. Radcliffe is a partner in the
concentrates her practice on
securities class action litigation in
federal court. Ms. Radcliffe has been
significantly involved in the
prosecution of numerous securities
fraud claims, including actions filed
against Flowserve, NorthWestern and
Ashworth, and has represented plaintiffs in other complex
actions, including a class action against a major bank
regarding the adequacy of disclosures made to consumers in
California related to Access Checks. Prior to joining the
Firm, she clerked for the Honorable Maria-Elena James,
Magistrate Judge for the United States District Court for the
Northern District of California.
Education
B.A., University of California, Los Angeles 1994;
J.D., Seton Hall University School of Law, 1998
Honors/
Awards
J.D., Cum Laude, Seton Hall University School of
Law, 1998; Most Outstanding Clinician Award;
Constitutional Law Scholar Award
Education
B.A., Queens College, 1997; J.D., Brooklyn Law
School, 2000
Honors/
Awards
Super Lawyer, 2013; Member, The Journal of
Law and Policy, Brooklyn Law School; Member,
Moot Court Honor Society, Brooklyn Law School
Jack Reise
Jack Reise is a partner in the Firm’s
Boca Raton office. Mr. Reise devotes
a substantial portion of his practice to
representing shareholders in actions
brought under the federal securities
laws. He has served as lead counsel
in over 50 cases brought nationwide
and is currently serving as lead
counsel in more than a dozen cases.
Recent notable actions include a series of cases involving
mutual funds charged with improperly valuating their net
assets, which settled for a total of over $50 million; In re
NewPower Holdings Sec. Litig. ($41 million settlement); In
re Red Hat Sec. Litig. ($20 million settlement); and In re
AFC Enters., Inc. Sec. Litig. ($17.2 million settlement). Mr.
Reise started his legal career representing individuals
suffering from their exposure back in the 1950s and 1960s
to the debilitating affects of asbestos.
Education
B.A., Binghamton University, 1992; J.D., University
of Miami School of Law, 1995
Honors/
Awards
American Jurisprudence Book Award in
Contracts; J.D., Cum Laude, University of Miami
School of Law, 1995; University of Miami InterAmerican Law Review, University of Miami School
of Law
Darren J. Robbins
Henry Rosen
Darren J. Robbins is a founding
partner of Robbins Geller and a
member of its Executive and
Management Committees. Mr.
Robbins oversees various aspects of
the Firm’s practice, including the
Firm’s Institutional Outreach
Department and its Mergers and
Acquisitions practice. He has served
as lead counsel in more than 100 securities-related actions,
which have yielded recoveries of over $2 billion for injured
shareholders.
Henry Rosen is a partner in the Firm’s
San Diego office and a member of the
Firm’s Hiring Committee and
Technology Committee, which focuses
on applications to digitally manage
documents produced during litigation
and internally generate research files.
Mr. Rosen has significant experience
prosecuting every aspect of securities
fraud class actions, including largescale accounting
scandals, and has obtained hundreds of millions of dollars on
behalf of defrauded investors. Prominent cases include In re
Cardinal Health, Inc. Sec. Litig., in which he recovered $600
million. This $600 million settlement is the largest recovery
ever in a securities fraud class action in the Sixth Circuit, and
remains one of the largest settlements in the history of
securities fraud litigation. Additional recoveries include First
Energy ($89.5 million); Safeskin ($55 million); Storage Tech
($55 million); and FirstWorld Commc’ns ($25.9 million).
Major clients include Minebea Co., Ltd., a Japanese
manufacturing company represented in securities fraud
arbitration against a United States investment bank.
One of the hallmarks of Mr. Robbins’ practice has been his
focus on corporate governance reform. For example, in
UnitedHealth, a securities fraud class action arising out of an
options backdating scandal, he represented lead plaintiff the
California Public Employees’ Retirement System and was
able to obtain the cancellation of more than 3.6 million stock
options held by the company’s former CEO and a record
$925 million cash recovery for shareholders.
Education
Honors/
Awards
B.S., University of Southern California, 1990;
M.A., University of Southern California, 1990; J.D.,
Vanderbilt Law School, 1993
Super Lawyer, 2008, 2013-2014; One of the Top
500 Lawyers, Lawdragon; One of the Top 100
Lawyers Shaping the Future, Daily Journal; One
of the “Young Litigators 45 and Under,” The
American Lawyer; Attorney of the Year, California
Lawyer; Managing Editor, Vanderbilt Journal of
Transnational Law, Vanderbilt Law School
Robert J. Robbins
Robert J. Robbins is a partner in the
Firm’s Boca Raton office. He focuses
his practice on the representation of
individuals and institutional investors in
class actions brought pursuant to the
federal securities laws. Mr. Robbins
has been a member of the litigation
teams responsible for the successful
prosecution of many securities class
actions, including: R.H. Donnelley ($25 million recovery);
Cryo Cell Int’l, Inc. ($7 million recovery); TECO Energy, Inc.
($17.35 million recovery); Newpark Resources, Inc. ($9.24
million recovery); Mannatech, Inc. ($11.5 million recovery);
Spiegel ($17.5 million recovery); Gainsco ($4 million
recovery); and AFC Enterprises ($17.2 million recovery).
Education
Honors/
Awards
B.S., University of Florida, 1999; J.D., University of
Florida College of Law, 2002
J.D., High Honors, University of Florida College of
Law, 2002; Member, Journal of Law and Public
Policy, University of Florida College of Law;
Member, Phi Delta Phi, University of Florida
College of Law; Pro bono certificate, Circuit
Court of the Eighth Judicial Circuit of Florida
Education
B.A., University of California, San Diego, 1984;
J.D., University of Denver, 1988
Honors/
Awards
Editor-in-Chief, University of Denver Law Review,
University of Denver
David A. Rosenfeld
David A. Rosenfeld is a partner in the
Firm’s Melville office and focuses his
practice on securities and corporate
takeover litigation. He is currently
prosecuting many cases involving
widespread financial fraud, ranging
from options backdating to Bernie
Madoff, as well as litigation
concerning collateralized debt
obligations and credit default swaps. Mr. Rosenfeld has
been appointed as lead counsel in dozens of securities fraud
cases and has successfully recovered hundreds of millions of
dollars for defrauded shareholders. For example, he was
appointed as lead counsel in the securities fraud lawsuit
against First BanCorp, which provided shareholders with a
$74.25 million recovery. He also served as lead counsel in
In re Aramark Corp. S’holders Litig., which resulted in a
$222 million increase in consideration paid to shareholders
of Aramark and a dramatic reduction to management’s voting
power in connection with shareholder approval of the goingprivate transaction (reduced from 37% to 3.5%).
Education
B.S., Yeshiva University, 1996; J.D., Benjamin N.
Cardozo School of Law, 1999
Honors/
Awards
Advisory Board Member of Stafford’s Securities
Class Action Reporter; Super Lawyer “Rising
Star,” 2011-2013
Robert M. Rothman
Robert M. Rothman is a partner in the
Firm’s Melville office. Mr. Rothman
has extensive experience litigating
cases involving investment fraud,
consumer fraud and antitrust
violations. He also lectures to
institutional investors throughout the
world. Mr. Rothman has served as
lead counsel in numerous class
actions alleging violations of securities laws, including cases
against First Bancorp ($74.25 million recovery), Spiegel
($17.5 million recovery), NBTY ($16 million recovery), and
The Children’s Place ($12 million recovery). He actively
represents shareholders in connection with going-private
transactions and tender offers. For example, in connection
with a tender offer made by Citigroup, he secured an
increase of more than $38 million over what was originally
offered to shareholders
Education
B.A., State University of New York at Binghamton,
1990; J.D., Hofstra University School of Law,
1993
Honors/
Awards
Super Lawyer, 2011, 2013; Dean’s Academic
Scholarship Award, Hofstra University School of
Law; J.D., with Distinction, Hofstra University
School of Law, 1993; Member, Hofstra Law
Review, Hofstra University School of Law
Samuel H. Rudman
Samuel H. Rudman is a founding
member of the Firm, a member of the
Firm’s Executive and Management
Committees, and manages the Firm’s
Melville office. His practice focuses
on recognizing and investigating
securities fraud, and initiating
securities and shareholder class
actions to vindicate shareholder rights
and recover shareholder losses. A former attorney with the
SEC, Mr. Rudman has recovered hundreds of millions of
dollars for shareholders, including $129 million recovery in In
re Doral Fin. Corp. Sec. Litig.; $74 million recovery in In re
First BanCorp Sec. Litig.; $65 million recovery in In re Forest
Labs., Inc. Sec. Litig.; and $50 million recovery in In re TD
Banknorth S’holders Litig.
Education
B.A., Binghamton University, 1989; J.D., Brooklyn
Law School, 1992
Honors/
Awards
Super Lawyer, 2007-2013; Dean’s Merit Scholar,
Brooklyn Law School; Moot Court Honor Society,
Brooklyn Law School; Member, Brooklyn Journal
of International Law, Brooklyn Law School
Joseph Russello
Joseph Russello is a partner in the
Firm’s Melville office, where he
concentrates his practice on
prosecuting shareholder class action
and breach of fiduciary duty claims, as
well as complex commercial litigation
and consumer class actions.
Mr. Russello has played a vital role in
recovering millions of dollars for
aggrieved investors, including those of NBTY, Inc. ($16
million); LaBranche & Co., Inc. ($13 million); The Children’s
Place Retail Stores, Inc. ($12 million); Prestige Brands
Holdings, Inc. ($11 million); and Jarden Corporation ($8
million). He also has significant experience in corporate
takeover and breach of fiduciary duty litigation. In expedited
litigation in the Delaware Court of Chancery involving Mat
Five LLC, for example, his efforts paved the way for an “optout” settlement that offered investors more than $38 million
in increased cash benefits. In addition, he played an integral
role in convincing the Delaware Court of Chancery to enjoin
Oracle Corporation’s $1 billion acquisition of Art Technology
Group, Inc. pending the disclosure of material information.
He also has experience in litigating consumer class actions.
Prior to joining the Firm, Mr. Russello practiced in the
professional liability group at Rivkin Radler LLP, where he
defended attorneys, accountants and other professionals in
state and federal litigation and assisted in evaluating and
resolving complex insurance coverage matters.
Education
B.A., Gettysburg College, 1998; J.D., Hofstra
Scott Saham
Scott Saham is a partner in the Firm’s
San Diego office whose practice
areas include securities and other
complex litigation. Mr. Saham recently
served as lead counsel prosecuting
the Pharmacia securities litigation in
the District of New Jersey, which
resulted in a $164 million settlement.
He was also lead counsel in the
Coca-Cola securities litigation, which resulted in a $137.5
million settlement after nearly eight years of litigation. Mr.
Saham also recently obtained reversal of the initial dismissal
of the landmark Countrywide mortgage-backed securities
action, reported as Luther v. Countrywide Fin. Corp., 195
Cal. App. 4th 789 (2011). Following this ruling which
revived the action, the case settled for $500 million. Prior to
joining the Firm, he served as an Assistant United States
Attorney in the Southern District of California, where he tried
over 20 felony jury trials.
Education
B.A., University of Michigan, 1992; J.D., University
of Michigan Law School, 1995
Stephanie Schroder
Jessica T. Shinnefield
Stephanie Schroder is a partner in the
Firm’s San Diego office. Ms.
Schroder has significant experience
prosecuting securities fraud class
actions and shareholder derivative
actions. Her practice also focuses on
advising institutional investors,
including multi-employer and public
pension funds, on issues related to
corporate fraud in the United States securities markets.
Currently, she is representing clients that have suffered
losses from the Madoff fraud in the Austin Capital and
Meridian Capital litigations.
Jessica T. Shinnefield is a partner in
currently focuses on initiating and
investigating new securities fraud
class actions. Prior to that, she was a
member of the litigation teams that
obtained significant recoveries for
investors in cases such as AOL Time
Warner, Cisco Systems, Aon and
Petco. Ms. Shinnefield was also a member of the litigation
team prosecuting actions against investment banks and
leading national credit rating agencies for their roles in
structuring and rating structured investment vehicles backed
by toxic assets. These cases are among the first to
successfully allege fraud against the rating agencies, whose
ratings have traditionally been protected by the First
Amendment.
Ms. Schroder has obtained millions of dollars on behalf of
defrauded investors. Prominent cases include AT&T ($100
million recovery at trial); FirstEnergy ($89.5 million recovery);
FirstWorld Commc’ns ($25.9 million recovery). Major clients
include the Pension Trust Fund for Operating Engineers, the
Kentucky State District Council of Carpenters Pension Trust
Fund, the Laborers Pension Trust Fund for Northern
California, the Construction Laborers Pension Trust for
Southern California, and the Iron Workers Mid-South
Pension Fund.
Education
B.A., University of Kentucky, 1997; J.D., University
of Kentucky College of Law, 2000
Education
B.A., University of California at Santa Barbara,
B.A., 2001; J.D., University of San Diego School
of Law, 2004
Honors/
Awards
B.A., Phi Beta Kappa, University of California at
Santa Barbara, 2001
Trig Smith
Trig Smith is a partner in the Firm’s
San Diego office. Mr. Smith focuses
on complex securities class actions in
which he has helped obtain significant
recoveries for investors in cases such
as Cardinal Health ($600 million);
Qwest ($445 million); Forest Labs.
($65 million); Accredo ($33 million);
and Exide ($13.7 million).
Christopher P. Seefer
Christopher P. Seefer is a partner in
the Firm’s San Francisco office. Mr.
Seefer concentrates his practice in
securities class action litigation. One
recent notable recovery was a $30
million settlement with UTStarcom in
2010, a recovery that dwarfed a
$150,000 penalty obtained by the
SEC. Prior to joining the Firm, he was
a Fraud Investigator with the Office of Thrift Supervision,
Department of the Treasury (1990-1999), and a field
examiner with the Office of Thrift Supervision (1986-1990).
Education
B.A., University of California Berkeley, 1984;
M.B.A., University of California, Berkeley, 1990;
J.D., Golden Gate University School of Law, 1998
Education
B.S., University of Colorado, Denver, 1995; M.S.,
University of Colorado, Denver, 1997; J.D.,
Brooklyn Law School, 2000
Honors/
Awards
Member, Brooklyn Journal of International Law,
Brooklyn Law School; CALI Excellence Award in
Legal Writing, Brooklyn Law School
Mark Solomon
Bonny E. Sweeney
Mark Solomon is a partner in the
Firm’s San Diego office. He regularly
represents both United States and
United Kingdom-based pension funds
and asset managers in class and nonclass securities litigation. Mr.
Solomon has spearheaded the
prosecution of many significant cases
and has obtained substantial
recoveries and judgments for plaintiffs through settlement,
summary adjudications and trial. He played a pivotal role in
In re Helionetics, where plaintiffs won a unanimous $15.4
million jury verdict, and in many other cases, among them:
Schwartz v. TXU ($150 million plus significant corporate
governance reforms); In re Informix Corp. Sec. Litig. ($142
million); Rosen v. Macromedia, Inc. ($48 million); In re Cmty.
Psychiatric Ctrs. Sec. Litig. ($42.5 million); In re Advanced
Micro Devices Sec. Litig. ($34 million); and In re TeleCommc’ns, Inc. Sec. Litig. ($33 million).
Bonny E. Sweeney is a partner in the
Firm’s San Diego office, where she
specializes in antitrust and unfair
competition class action litigation.
She has served as co-lead counsel in
several multi-district antitrust class
actions, including In re Payment Card
Interchange Fee & Merchant Discount
Antitrust Litig. and In re Currency
Conversion Fee Antitrust Litig. In Payment Card, the court
recently approved a $5.7 billion settlement – the largest-ever
antitrust class action settlement. She also is co-lead counsel
in In re Aftermarket Automotive Lighting Prods. Antitrust
Litig., which recently settled on the eve of trial for a total of
more than $50 million. Ms. Sweeney was also one of the
trial lawyers in Law v. NCAA/Hall v. NCAA/Schreiber v.
NCAA, in which the jury awarded $67 million to three
classes of college coaches. She has participated in the
successful prosecution and settlement of numerous other
antitrust and unfair competition cases, including In re
Currency Conversion Fee Antitrust Litig., which settled for
$336 million; In re LifeScan, Inc. Consumer Litig., which
settled for $45 million; In re Dynamic Random Access
Memory (DRAM) Antitrust Litig., which settled for more than
$300 million; In re NASDAQ Market-Makers Antitrust Litig.,
which settled for $1.027 billion; and In re Airline Ticket
Comm’n Antitrust Litig., which settled for more than $85
million.
Education
B.A., Trinity College, Cambridge University,
England, 1985; L.L.M., Harvard Law School,
1986; Inns of Court School of Law, Degree of
Utter Barrister, England, 1987
Honors/
Awards
Lizette Bentwich Law Prize, Trinity College, 1983
and 1984; Hollond Travelling Studentship, 1985;
Harvard Law School Fellowship, 1985-1986;
Member and Hardwicke Scholar of the
Honourable Society of Lincoln’s Inn
Education
B.A., Whittier College, 1981; M.A., Cornell
University, 1985; J.D., Case Western Reserve
Honors/
Awards
Super Lawyer, 2007-2010, 2012-2014;
“Outstanding Women in Antitrust,” Competition
Law 360, 2007; Wiley M. Manuel Pro Bono
Services Award, 2003; San Diego Volunteer
Lawyer Program Distinguished Service Award,
2003; J.D., Summa Cum Laude, Case Western
Reserve University of School of Law, 1988
Susan Goss Taylor
David C. Walton
Susan Goss Taylor is a partner in the
Firm’s San Diego office. Her practice
focuses on antitrust, consumer, and
securities fraud class actions. She
has served as counsel on the
Microsoft, DRAM and Private Equity
antitrust litigation teams, as well as on
a number of consumer actions alleging
false and misleading advertising and
unfair business practices against major corporations such as
General Motors, Saturn, Mercedes-Benz USA, LLC, BMG
Direct Marketing, Inc., and Ameriquest Mortgage Company.
Ms. Taylor is also responsible for prosecuting securities fraud
class actions and has obtained recoveries for investors in
litigation involving WorldCom ($657 million), AOL Time
Warner ($629 million), and Qwest ($445 million). Prior to
joining the Firm, she served as a Special Assistant United
States Attorney for the Southern District of California, where
she obtained considerable trial experience prosecuting drug
smuggling and alien smuggling cases.
David C. Walton is a partner in the
Firm’s San Diego office and a member
of the Firm’s Executive and
Management Committees. He
specializes in pursuing financial fraud
claims, using his background as a
Certified Public Accountant and
Certified Fraud Examiner to prosecute
securities law violations on behalf of
investors. Mr. Walton has investigated and participated in
the litigation of many large accounting scandals, including
Enron, WorldCom, AOL Time Warner, Krispy Kreme,
Informix, HealthSouth, Dynegy, Dollar General, and numerous
companies implicated in stock option backdating. In 20032004, he served as a member of the California Board of
Accountancy, which is responsible for regulating the
accounting profession in California.
Education
B.A., Pennsylvania State University, 1994; J.D.,
The Catholic University of America, Columbus
School of Law, 1997
Honors/
Awards
Member, Moot Court Team, The Catholic
University of America, Columbus School of Law
Ryan K. Walsh
Ryan K. Walsh, a founding partner of
the Firm’s Atlanta office, is an
experienced litigator of complex
commercial disputes. His practice
focuses primarily on protecting the
rights of innovators in patent litigation
and related technology disputes. Mr.
Walsh has appeared and argued
before federal appellate and district
courts, state trial courts, and in complex commercial
proceedings across the country. His cases have involved a
wide variety of technologies, ranging from basic mechanical
applications to more sophisticated technologies in the
communications networking and medical device fields.
Recent notable cases have involved patents in the wireless
mesh, wireless LAN, and wired networking fields.
Throughout his career, Mr. Walsh has been active in the
Atlanta legal community. He has been actively involved with
the Atlanta Legal Aid Society for over a decade, having
recently served as President of the Board of Directors. He
also serves on the Board of the Atlanta Bar Association and
is a regular speaker at the State Bar of Georgia’s Beginning
Lawyer’s Program.
Education
B.A., Brown University, 1993; J.D., University of
Georgia School of Law, 1999
Honors/
Awards
Super Lawyer, 2014; Super Lawyer “Rising Star,”
2005-2007, 2009-2010; J.D., Magna Cum
Laude, Bryant T. Castellow Scholar, Order of the
Coif, University of Georgia School of Law, 1999
Education
B.A., University of Utah, 1988; J.D., University of
Southern California Law Center, 1993
Honors/
Awards
Member, Southern California Law Review,
University of Southern California Law Center;
Hale Moot Court Honors Program, University of
Southern California Law Center; Appointed to
California State Board of Accountancy, 2004
Douglas Wilens
Douglas Wilens is a partner in the
Firm’s Boca Raton office. Mr. Wilens
is involved in all aspects of securities
class action litigation, focusing on lead
plaintiff issues arising under the
PSLRA. He is also involved in the
Firm’s appellate practice and
participated in the successful appeal
of a motion to dismiss before the Fifth
Circuit Court of Appeals in Lormand v. US Unwired, Inc.,
565 F.3d 228 (5th Cir. 2009) (reversal of order granting
motion to dismiss).
Prior to joining the Firm, Mr. Wilens was an associate at a
nationally recognized firm, where he litigated complex actions
on behalf of numerous professional sports leagues, including
the National Basketball Association, the National Hockey
League and Major League Soccer. He has also served as an
adjunct professor at Florida Atlantic University and Nova
Southeastern University, where he taught undergraduate and
graduate-level business law classes.
Education
B.S., University of Florida, 1992; J.D., University of
Florida College of Law, 1995
Honors/
Awards
Book Award for Legal Drafting, University of
Florida College of Law; J.D., with Honors,
University of Florida College of Law, 1995
Shawn A. Williams
Debra J. Wyman
Shawn A. Williams is a partner in the
focuses his practice on securities
class actions and shareholder
derivative actions. Mr. Williams has
served as lead class counsel in
notable cases, including In re
Harmonic Inc. Sec. Litig.; In re Krispy
Kreme Doughnuts, Inc. Sec. Litig.;
and In re Veritas Software Corp. Sec. Litig. He has also
prosecuted significant shareholder derivative actions,
including numerous stock option backdating actions, in
which he secured tens of millions of dollars in cash
recoveries and negotiated the implementation of
comprehensive corporate governance enhancements, such
as In re McAfee, Inc. Derivative Litig.; In re Marvell Tech.
Grp. Ltd. Derivative Litig.; and The Home Depot, Inc.
Derivative Litig. Prior to joining the Firm, he served as an
Assistant District Attorney in the Manhattan District
Attorney’s Office, where he tried over 20 cases to New York
City juries and led white-collar fraud grand jury
investigations.
Debra J. Wyman is a partner in the
Firm’s San Diego office who
specializes in securities litigation. She
has litigated numerous cases against
public companies in state and federal
courts that have resulted in over $1
billion in recoveries for victims of
securities fraud. Ms. Wyman was a
member of the trial team in In re AT&T
Corp. Sec. Litig., which was tried in the United States
District Court, District of New Jersey, and settled after only
two weeks of trial for $100 million. She recently prosecuted
a complex securities and accounting fraud case against
HealthSouth Corporation, one of the largest and longestrunning corporate frauds in history, in which $671 million
was recovered for defrauded HealthSouth investors.
Education
B.A., The State of University of New York at
Albany, 1991; J.D., University of Illinois, 1995
Honors/
Awards
Super Lawyer, 2014
Education
B.A., University of California Irvine, 1990; J.D.,
David T. Wissbroecker
David T. Wissbroecker is a partner in
the Firm’s San Diego and Chicago
offices and focuses his practice on
securities class action litigation in the
context of mergers and acquisitions,
representing both individual
shareholders and institutional
investors. He combines aggressive
advocacy with a detailed knowledge
of the law to achieve effective results for his clients in both
state and federal courts nationwide. Mr. Wissbroecker has
successfully litigated matters resulting in monetary
settlements in excess of $500 million over the last four years,
including the two largest settlements ever obtained in
merger-related litigation in In re Kinder Morgan, Inc. S’holder
Litig. ($200 million) and In re ACS S’holders Litig. ($69
million). Other large fund settlements obtained by Mr.
Wissbroecker include In re PETCO Animal Supplies ($16
million) and In re Dollar Gen. Corp. S’holders Litig. ($40
million). Most recently, he obtained a $45 million common
fund settlement in Brown v. Brewer, a breach of fiduciary
duty and securities class action litigated on behalf of former
shareholders of Intermix, Inc. over the value of MySpace sold
via merger to News Corporation.
Education
B.A., Arizona State University, 1998; J.D.,
University of Illinois College of Law, 2003
Honors/
Awards
J.D., Magna Cum Laude, University of Illinois
College of Law, 2003; B.A., Cum Laude, Arizona
State University, 1998
Of Counsel
Randi D. Bandman
Mary K. Blasy
Randi D. Bandman has directed
numerous complex securities cases at
the Firm, such as the pending case of
In re BP plc Derivative Litig., a case
brought to address the alleged utter
failure of BP to ensure the safety of its
operation in the United States,
including Alaska, and which caused
such devastating results as in the
Deepwater Horizon oil spill, the worst environmental disaster
in history. Ms. Bandman was instrumental in the Firm’s
development of representing coordinated groups of
institutional investors in private opt-out cases that resulted in
historical recoveries, such as in WorldCom and AOL Time
Warner. Through her years at the Firm, she has represented
hundreds of institutional investors, including domestic and
non-U.S. investors, in some of the largest and most
successful shareholder class actions ever prosecuted,
resulting in billions of dollars of recoveries, involving such
companies as Enron, Unocal and Boeing. Ms. Bandman was
also instrumental in the landmark 1998 state settlement with
the tobacco companies for $12.5 billion.
Mary K. Blasy is Of Counsel in the Firm’s Melville office
where she focuses on the investigation, commencement, and
prosecution of securities fraud class actions and shareholder
derivative suits. Working with others, she has recovered
hundreds of millions of dollars for investors in class actions
against Reliance Acceptance Corp. ($66 million); Sprint
Corp. ($50 million); Titan Corporation ($15+ million); Martha
Stewart Omni-Media, Inc. ($30 million); and Coca-Cola Co.
($137.5 million). Ms. Blasy has also been responsible for
prosecuting numerous complex shareholder derivative
actions against corporate malefactors to address violations
of the nation’s securities, environmental and labor laws,
obtaining corporate governance enhancements valued by the
market in the billions of dollars.
Education
B.A., University of California, Los Angeles; J.D.,
University of Southern California
Lea Malani Bays
Lea Malani Bays is Of Counsel to the Firm and is based in
the Firm’s San Diego Office. She focuses on electronic
discovery issues and has lectured on issues related to the
production of ESI. Prior to joining Robbins Geller, Ms. Bays
was a Litigation Associate at Kaye Scholer LLP’s Melville
office. She has experience in a wide range of litigation,
including complex securities litigation, commercial contract
disputes, business torts, antitrust, civil fraud, and trust and
estate litigation.
Education
B.A., University of California, Santa Cruz, 1997;
J.D., New York Law School, 2007
Honors/
Awards
J.D., Magna Cum Laude, New York Law School,
2007; Executive Editor, New York Law School
Law Review; Legal Aid Society’s Pro Bono
Publico Award; NYSBA Empire State Counsel;
Professor Stephen J. Ellmann Clinical Legal
Education Prize; John Marshall Harlan Scholars
Program, Justice Action Center
Education
B.A., California State University, Sacramento,
1996; J.D., UCLA School of Law, 2000
Bruce Boyens
Bruce Boyens has served as Of Counsel to the Firm since
2001. A private practitioner in Denver, Colorado since
1990, Mr. Boyens specializes in issues relating to labor and
environmental law, labor organizing, labor education, union
elections, internal union governance and alternative dispute
resolutions. In this capacity, he previously served as a
Regional Director for the International Brotherhood of
Teamsters elections in 1991 and 1995, and developed and
taught collective bargaining and labor law courses for the
George Meany Center, Kennedy School of Government,
Harvard University, and the Kentucky Nurses Association,
among others.
In addition, Mr. Boyens served as the Western Regional
Director and Counsel for the United Mine Workers from
1983-1990, where he was the chief negotiator in over 30
major agreements, and represented the United Mine Workers
in all legal matters. From 1973-1977, he served as General
Counsel to District 17 of the United Mine Workers
Association, and also worked as an underground coal miner
during that time.
Education
J.D., University of Kentucky College of Law, 1973;
Harvard University, Certificate in Environmental
Policy and Management
Patrick J. Coughlin
L. Thomas Galloway
Patrick J. Coughlin is Of Counsel to
the Firm and has served as lead
counsel in several major securities
matters, including one of the earliest
and largest class action securities
cases to go to trial, In re Apple
Computer Sec. Litig. Additional
prominent securities class actions
prosecuted by Mr. Coughlin include
the Enron litigation ($7.3 billion recovery); the Qwest
litigation ($445 million recovery); and the HealthSouth
litigation ($671 million recovery). Mr. Coughlin was formerly
an Assistant United States Attorney in the District of
Columbia and the Southern District of California, handling
complex white-collar fraud matters.
L. Thomas Galloway is Of Counsel to the Firm. Mr. Galloway
is the founding partner of Galloway & Associates PLLC, a
law firm that specializes in the representation of institutional
investors – namely, public and multi-employer pension funds.
He is also President of the Galloway Family Foundation,
which funds investigative journalism into human rights
abuses around the world.
Education
Honors/
Awards
B.S., Santa Clara University, 1977; J.D., Golden
Gate University, 1983
Super Lawyer, 2004-2014; Top 100 Lawyers,
Daily Journal, 2008
Mark J. Dearman
Mark J. Dearman is Of Counsel to the
Firm and is based in the Firm’s Boca
Raton office. Mr. Dearman devotes
his practice to protecting the rights of
those who have been harmed by
corporate misconduct. Notably, he is
involved as lead or co-lead trial
counsel in In re Burger King Holdings,
Inc. S’holder Litig.; The Board of
Trustees of the Southern California IBEW-NECA v. The
Bank of New York Mellon Corp.; POM Wonderful LLC Mktg.
& Sales Practices Litig.; Gutierrez v. Home Depot U.S.A.,
Inc.; and Pelkey v. McNeil Consumer Health Care. Prior to
joining the Firm, he founded Dearman & Gerson, where he
defended Fortune 500 companies, with an emphasis on
complex commercial litigation, consumer claims, and
products liability and has obtained extensive jury trial
experience throughout the United States. Having
represented defendants for so many years before joining the
Firm, Mr. Dearman has a unique perspective that enables him
to represent clients effectively.
Education
B.A., University of Florida, 1990; J.D., Nova
Southeastern University, 1993
Honors/
Awards
AV rated by Martindale-Hubbell; Super Lawyer,
2014; In top 1.5% of Florida Civil Trial Lawyers in
Florida Trend’s Florida Legal Elite, 2006, 2004
Education
B.A., Florida State University, 1967; J.D.,
University of Virginia School of Law, 1972
Honors/
Awards
Articles Editor, University of Virginia Law Review,
University of Virginia School of Law; Phi Beta
Kappa, University of Virginia School of Law; Trial
Lawyer of the Year in the United States, 2003
Edward M. Gergosian
Edward M. Gergosian is Of Counsel in
the Firm’s San Diego office. Mr.
Gergosian has practiced solely in
complex litigation for 28 years, first
with a nationwide securities and
antitrust class action firm, managing its
San Diego office, and thereafter as a
founding member of his own firm. He
has actively participated in the
leadership and successful prosecution of several securities
and antitrust class actions and shareholder derivative
actions, including In re 3Com Corp. Sec. Litig. (which settled
for $259 million); In re Informix Corp. Sec. Litig. (which
settled for $142 million); and the Carbon Fiber antitrust
litigation (which settled for $60 million). Mr. Gergosian was
part of the team that prosecuted the AOL Time Warner state
and federal court securities opt-out actions, which settled for
$629 million. He also obtained a jury verdict in excess of
$14 million in a consumer class action captioned Gutierrez v.
Charles J. Givens Organization.
Education
B.A., Michigan State University, 1975; J.D.,
Honors/
Awards
Super Lawyer, 2014; J.D., Cum Laude, University
Mitchell D. Gravo
David J. Hoffa
Mitchell D. Gravo is Of Counsel to the
Firm and concentrates his practice on
government relations. He represents
clients before the Alaska
Congressional delegation, the Alaska
Legislature, the Alaska State
Government and the Municipality of
Anchorage.
Mr. Gravo’s clients include Anchorage
Economic Development Corporation, Anchorage Convention
and Visitors Bureau, UST Public Affairs, Inc., International
Brotherhood of Electrical Workers, Alaska Seafood
International, Distilled Spirits Council of America, RIM
Architects, Anchorage Police Department Employees
Association, Fred Meyer, and the Automobile Manufacturer’s
Association. Prior to joining the Firm, he served as an intern
with the Municipality of Anchorage, and then served as a law
clerk to Superior Court Judge J. Justin Ripley.
Education
B.A., Ohio State University; J.D., University of San
Diego School of Law
Helen J. Hodges
Helen J. Hodges is Of Counsel to the
Firm and is based in the Firm’s San
Diego office. Ms. Hodges has been
involved in numerous securities class
actions, including Knapp v. Gomez, in
which a plaintiffs’ verdict was returned
in a Rule 10b-5 class action; Nat’l
Health Labs, which settled for $64
million; Thurber v. Mattel, which
settled for $122 million; and Dynegy, which settled for $474
million. More recently, she focused on the prosecution of
Enron, where a record recovery ($7.3 billion) was obtained
for investors.
Education
B.S., Oklahoma State University, 1979; J.D.,
University of Oklahoma, 1983
Honors/
Awards
Rated AV by Martindale-Hubbell; Super Lawyer,
2007-2008; Oklahoma State University
Foundation Board of Trustees, 2013
David J. Hoffa is based in Michigan
and works out of the Firm’s
Washington, D.C. office. Since 2006,
he has been serving as a liaison to
over 90 institutional investors in
portfolio monitoring and securities
litigation matters. His practice
focuses on providing a variety of legal
and consulting services to U.S. state
and municipal employee retirement systems, single and multiemployer U.S. Taft-Hartley benefit funds, as well as
consulting services for Canadian and Israeli institutional
funds. He also serves as a member of the Firm’s lead
plaintiff advisory team, and advises public and multi-employer
pension funds around the country on issues related to
fiduciary responsibility, legislative and regulatory updates,
and “best practices” in the corporate governance of publicly
traded companies.
Early in his legal career, Mr. Hoffa worked for a law firm
based in Birmingham, Michigan, where he appeared regularly
in Michigan state court in litigation pertaining to business,
construction, and employment related matters. He has also
appeared before the Michigan Court of Appeals on several
occasions.
Education
B.A., Michigan State University, 1993; J.D.,
Michigan State University College of Law, 2000
Steven F. Hubachek
Steven F. Hubachek is Of Counsel to the Firm and is based
in the Firm’s San Diego office. He is a member of the Firm’s
appellate group. Prior to joining Robbins Geller, Mr.
Hubachek was Chief Appellate Attorney for Federal
Defenders of San Diego, Inc. In that capacity, he oversaw
Federal Defenders’ appellate practice and argued over one
hundred appeals, including three cases before the U.S.
Supreme Court and seven cases before en banc panels of
the Ninth Circuit Court of Appeals.
Education
Hastings College of the Law, 1987
Honors/
Awards
Assistant Federal Public Defender of the Year,
National Federal Public Defenders Association,
2011; Appellate Attorney of the Year, San Diego
Criminal Defense Bar Association, 2011 (corecipient); President’s Award for Outstanding
Volunteer Service, Mid City Little League, San
Diego, 2011; E. Stanley Conant Award for
exceptional and unselfish devotion to protecting
the rights of the indigent accused, 2009 (joint
recipient); Super Lawyer, 2007-2009; The Daily
Transcript Top Attorneys, 2007; AV rated by
Martindale-Hubbell; J.D., Cum Laude, Order of
the Coif, Thurston Honor Society, Hastings
College of Law, 1987
Frank J. Janecek, Jr.
Andrew S. Love
Frank J. Janecek, Jr. is Of Counsel in
practices in the areas of
consumer/antitrust, Proposition 65,
taxpayer and tobacco litigation. He
served as co-lead counsel, as well as
court appointed liaison counsel, in
Wholesale Elec. Antitrust Cases I & II,
charging an antitrust conspiracy by
wholesale electricity suppliers and traders of electricity in
California’s newly deregulated wholesale electricity market.
In conjunction with the Governor of the State of California,
the California State Attorney General, the California Public
Utilities Commission, the California Electricity Oversight
Board, a number of other state and local governmental
entities and agencies, and California’s large, investor-owned
electric utilities, plaintiffs secured a global settlement for
California consumers, businesses and local governments
valued at more than $1.1 billion. Mr. Janecek also chaired
several of the litigation committees in California’s tobacco
litigation, which resulted in the $25.5 billion recovery for
California and its local entities, and also handled a
constitutional challenge to the State of California’s Smog
Impact Fee in Ramos v. Dep’t of Motor Vehicles, which
resulted in more than a million California residents receiving
full refunds and interest, totaling $665 million.
Andrew S. Love is Of Counsel in the
focuses on federal appeals of
securities fraud class actions. For
more than 23 years prior to joining the
Firm, Mr. Love represented inmates on
California’s death row in appellate and
habeas corpus proceedings. He has
successfully argued capital cases
before both the California Supreme Court (People v. Allen &
Johnson, 53 Cal. 4th 60 (2011)) and the U.S. Court of
Appeals for the Ninth Circuit (Bean v. Calderon, 163 F.3d
1073 (9th Cir. 1998); Lang v. Woodford, 230 F.3d 1367
(9th Cir. 2000)).
Education
B.S., University of California, Davis, 1987; J.D.,
Loyola Law School, 1991
Honors/
Awards
Super Lawyer, 2013-2014
Nancy M. Juda
Nancy M. Juda is Of Counsel to the
Firm and is based in the Firm’s
Washington, D.C. office. She
concentrates her practice on
employee benefits law and works in
the Firm’s Institutional Outreach
Department. Using her extensive
experience representing union pension
funds, Ms. Juda advises Taft-Hartley
fund trustees regarding their options for seeking redress for
losses due to securities fraud. She also represents workers
in ERISA class actions involving breach of fiduciary duty
claims against corporate plan sponsors and fiduciaries.
Education
University of Vermont, 1981; J.D., University of
San Francisco School of Law, 1985
Honors/
Awards
J.D., Cum Laude, University of San Francisco
School of Law, 1985; McAuliffe Honor Society,
University of San Francisco School of Law, 19821985
Robert K. Lu
Robert K. Lu is Of Counsel to the
Firm, and has handled all facets of civil
and criminal litigation, including pretrial
discovery, internal and pre-indictment
investigations, trials, and appellate
issues. Mr. Lu was formerly an
Assistant U.S. Attorney in the District
of Arizona, in both the Civil and
Criminal Divisions of that office. In
that capacity he recovered millions of dollars for the federal
government under the False Claims Act related to healthcare
and procurement fraud, as well as litigating qui tam lawsuits.
Education
B.A., University of California, Los Angeles, 1995;
J.D., University of Southern California, Gould
School of Law, 1998
Prior to joining the Firm, Ms. Juda was employed by the
United Mine Workers of America Health & Retirement Funds,
where she practiced in the area of employee benefits law.
Ms. Juda was also associated with union-side labor law firms
in Washington, D.C., where she represented the trustees of
Taft-Hartley pension and welfare funds on qualification,
compliance, fiduciary, and transactional issues under ERISA
and the Internal Revenue Code.
Education
B.A., St. Lawrence University, 1988; J.D.,
American University, 1992
Jerry E. Martin
Eugene Mikolajczyk
Jerry E. Martin served as the
presidentially appointed United States
Attorney for the Middle District of
Tennessee from May 2010 to April
2013. As U.S. Attorney, he made
prosecuting financial, tax and health
care fraud a top priority. During his
tenure, Mr. Martin co-chaired the
Attorney General’s Advisory
Committee’s Health Care Fraud Working Group.
Eugene Mikolajczyk is Of Counsel to the Firm and is based in
the Firm’s San Diego Office. Mr. Mikolajczyk has over 30
years’ experience prosecuting shareholder and securities
litigation cases as both individual and class actions. Among
the cases are Heckmann v. Ahmanson, in which the court
granted a preliminary injunction to prevent a corporate raider
from exacting greenmail from a large domestic
media/entertainment company.
Mr. Martin specializes in representing individuals who wish to
blow the whistle to expose fraud and abuse committed by
federal contractors, health care providers, tax cheats or those
who violate the securities laws.
Mr. Martin has been recognized as a national leader in
combatting fraud and has addressed numerous groups and
associations such as Taxpayers Against Fraud and the
National Association of Attorney Generals. In 2012, he was
the keynote speaker at the American Bar Association’s
Annual Health Care Fraud Conference.
Education
B.A., Dartmouth College, 1996; J.D., Stanford
University, 1999
Mr. Mikolajczyk was a primary litigation counsel in an
international coalition of attorneys and human rights groups
that won a historic settlement with major U.S. clothing
retailers and manufacturers on behalf of a class of over
50,000 predominantly female Chinese garment workers, in
an action seeking to hold the Saipan garment industry
responsible for creating a system of indentured servitude and
forced labor. The coalition obtained an unprecedented
agreement for supervision of working conditions in the
Saipan factories by an independent NGO, as well as a
substantial multi-million dollar compensation award for the
workers.
Education
B.S., Elizabethtown College, 1974; J.D.,
Dickinson School of Law, Penn State University,
1978
Ruby Menon
Keith F. Park
Ruby Menon is Of Counsel to the Firm
and focuses on providing a variety of
legal and consulting services to single
and multi-employer pension funds,
and also serves as a member of the
Firm’s advisory team and liaison
between the Firm’s individual and
institutional investor clients in the
United States and abroad. For over
12 years, Ms. Menon served as chief legal counsel to two
large multi-employer retirement plans, developing her
expertise in many areas of employee benefits administration,
including legislative initiatives and regulatory affairs,
investments, tax, fiduciary compliance and plan
administration.
Keith F. Park is Of Counsel in the
Firm’s San Diego office. Mr. Park is
responsible for prosecuting complex
securities cases and has overseen the
court approval process in more than
1,000 securities class action and
shareholder derivative settlements,
including actions involving Enron ($7.3
billion recovery); UnitedHealth ($925
million recovery and corporate governance reforms); Dynegy
($474 million recovery and corporate governance reforms);
3Com ($259 million recovery); Dollar General ($162 million
recovery); Mattel ($122 million recovery); and Prison Realty
($105 million recovery). He is also responsible for obtaining
significant corporate governance changes relating to
compensation of senior executives and directors; stock
trading by directors, executive officers and key employees;
internal and external audit functions; and financial reporting
and board independence.
Education
B.A., Indiana University, 1985; J.D., Indiana
Education
1968; J.D., Hastings College of Law, 1972
Honors/
Awards
Super Lawyer, 2008-2014
Roxana Pierce
Laura S. Stein
Roxana Pierce is Of Counsel to the
Firm and focuses her practice on
negotiations, contracts, international
trade, real estate transactions, and
project development. She is presently
acting as liaison to several
international funds in the area of
securities litigation. She has
represented clients in over 65
countries, with extensive experience in the Middle East, Asia,
Russia, the former Soviet Union, the Caribbean and India.
Ms. Pierce counsels institutional investors on recourse
available to them when the investors have been victims of
fraud or other schemes. Her diverse clientele includes
international institutional investors in Europe and the Middle
East and domestic public funds across the United States.
Laura S. Stein is Of Counsel to the
Firm and has practiced in the areas of
securities class action litigation,
complex litigation and legislative law.
In a unique partnership with her
mother, attorney Sandra Stein, also Of
Counsel to the Firm, the Steins focus
on minimizing losses suffered by
shareholders due to corporate fraud
and breaches of fiduciary duty. The Steins also seek to deter
future violations of federal and state securities laws by
reinforcing the standards of good corporate governance.
The Steins work with over 500 institutional investors across
the nation and abroad, and their clients have served as lead
plaintiff in successful cases where billions of dollars were
recovered for defrauded investors against such companies
as AOL Time Warner, Tyco, Cardinal Health, AT&T, Hanover
Compressor, First Bancorp, Enron, Dynegy, Honeywell
International and Bridgestone.
Education
B.A., Pepperdine University, 1988; J.D., Thomas
Jefferson School of Law, 1994
Honors/
Awards
Certificate of Accomplishment, Export-Import
Bank of the United States
Leonard B. Simon
Leonard B. Simon is Of Counsel to
the Firm. His practice has been
devoted heavily to litigation in the
federal courts, including both the
prosecution and defense of major
class actions and other complex
litigation in the securities and antitrust
fields. Mr. Simon has also handled a
substantial number of complex
appellate matters, arguing cases in the U.S. Supreme Court,
several federal Courts of Appeals, and several California
appellate courts. He has served as plaintiffs’ co-lead
counsel in dozens of class actions, including In re Am. Cont’l
Corp./Lincoln Sav. & Loan Sec. Litig. (settled for $240
million) and In re NASDAQ Market-Makers Antitrust Litig.
(settled for more than $1 billion), and was centrally involved
in the prosecution of In re Washington Pub. Power Supply
Sys. Sec. Litig., the largest securities class action ever
litigated.
Mr. Simon is an Adjunct Professor of Law at Duke University,
the University of San Diego, and the University of Southern
California Law Schools. He is an Editor of California Federal
Court Practice and has authored a law review article on the
PSLRA.
Education
B.A., Union College, 1970; J.D., Duke University
School of Law, 1973
Honors/
Awards
Super Lawyer, 2008-2014; J.D., Order of the Coif
and with Distinction, Duke University School of
Law, 1973
Ms. Stein is Special Counsel to the Institute for Law and
Economic Policy (ILEP), a think tank that develops policy
positions on selected issues involving the administration of
justice within the American legal system. She has also
served as Counsel to the Annenberg Institute of Public
Service at the University of Pennsylvania.
Education
B.A., University of Pennsylvania, 1992; J.D.,
University of Pennsylvania Law School, 1995
Sandra Stein
Sandra Stein is Of Counsel to the
Firm and concentrates her practice in
securities class action litigation,
legislative law and antitrust litigation.
In a unique partnership with her
daughter, Laura Stein, also Of
Counsel to the Firm, the Steins focus
on minimizing losses suffered by
shareholders due to corporate fraud
and breaches of fiduciary duty.
Previously, Ms. Stein served as Counsel to United States
Senator Arlen Specter of Pennsylvania. During her service in
the United States Senate, Ms. Stein was a member of
Senator Specter’s legal staff and a member of the United
States Senate Judiciary Committee staff. She is also the
Founder of the Institute for Law and Economic Policy (ILEP),
a think tank that develops policy positions on selected issues
involving the administration of justice within the American
legal system. Ms. Stein has also produced numerous public
service documentaries for which she was nominated for an
Emmy and received an ACE award, cable television’s highest
award for excellence in programming.
Education
B.S., University of Pennsylvania, 1961; J.D.,
Temple University School of Law, 1966
Honors/
Awards
Nominated for an Emmy and received an ACE
award for public service documentaries
John J. Stoia, Jr.
John J. Stoia, Jr. is Of Counsel to the
Firm and is based in the Firm’s San
Diego office. Mr. Stoia was a
founding partner of Robbins Geller,
previously known as Coughlin Stoia
Geller Rudman & Robbins LLP. He
has worked on dozens of nationwide
complex securities class actions,
including In re Am. Cont’l
Corp./Lincoln Sav. & Loan Sec. Litig., which arose out of the
collapse of Lincoln Savings & Loan and Charles Keating’s
empire. Mr. Stoia was a member of the plaintiffs’ trial team,
which obtained verdicts against Mr. Keating and his codefendants in excess of $3 billion and settlements of over
$240 million.
Mr. Stoia has brought over 50 nationwide class actions
against life insurance companies and recovered over $10
billion on behalf of victims of insurance fraud due to
deceptive sales practices and discrimination. He has also
represented numerous large institutional investors who
suffered hundreds of millions of dollars in losses as a result
of major financial scandals, including AOL Time Warner and
WorldCom.
Education
B.S., University of Tulsa, 1983; J.D., University of
Tulsa, 1986; LL.M. Georgetown University Law
Center, 1987
Honors/
Awards
Super Lawyer, 2007-2014; Litigator of the Month,
The National Law Journal, July 2000; LL.M. Top
of Class, Georgetown University Law Center
Phong L. Tran
Phong L. Tran is Of Counsel in the
his practice on complex securities,
consumer and antitrust class action
litigation. He helped successfully
prosecute several RICO class action
cases involving the deceptive
marketing and sale of annuities to
senior citizens, including cases against
Fidelity & Guarantee Life Insurance Company, Midland
National Life Insurance Company and National Western Life
Insurance Company. He also successfully represented
consumers in the “Daily Deal” class action cases against
LivingSocial and Groupon.
Mr. Tran began his legal career as a prosecutor, first as a
Special Assistant United States Attorney for the Southern
District of California and then as a Deputy City Attorney with
the San Diego City Attorney’s Office. He later joined a
boutique trial practice law firm, where he litigated whitecollar criminal defense and legal malpractice matters.
Education
B.B.A., University of San Diego, 1996; J.D., UCLA
School of Law, 1999
Special Counsel
Bruce Gamble
Bruce Gamble is Special Counsel to
the Firm and a member of the
Institutional Outreach Department.
Mr. Gamble serves as a liaison with
the Firm’s institutional investor clients
in the United States and abroad,
advising them on securities litigation
matters. Previously, he was General
Counsel and Chief Compliance
Officer for the District of Columbia Retirement Board, where
he served as chief legal advisor to the Board of Trustees and
staff. Mr. Gamble’s experience also includes serving as
Chief Executive Officer of two national trade associations
and several senior level staff positions on Capitol Hill.
Education
B.S., University of Louisville, 1979; J.D.,
Georgetown University Law Center, 1989
Honors/
Awards
Executive Board Member, National Association of
Public Pension Attorneys, 2000-2006; American
Banker selection as one of the most promising
U.S. bank executives under 40 years of age, 1992
Tricia L. McCormick
Tricia L. McCormick is Special
Counsel to the Firm and focuses
primarily on the prosecution of
securities class actions. Ms.
McCormick has litigated numerous
cases against public companies in
state and federal courts that resulted
in hundreds of millions of dollars in
recoveries for investors. She is also a
member of a team that is in constant contact with clients
who wish to become actively involved in the litigation of
securities fraud. In addition, Ms. McCormick is active in all
phases of the Firm’s lead plaintiff motion practice.
Education
B.A., University of Michigan, 1995; J.D., University
Honors/
Awards
of Law, 1998
Forensic Accountants
R. Steven Aronica
Christopher Yurcek
R. Steven Aronica is a Certified Public Accountant licensed
in the States of New York and Georgia and is a member of
the American Institute of Certified Public Accountants, the
Institute of Internal Auditors and the Association of Certified
Fraud Examiners. Mr. Aronica has been instrumental in the
prosecution of numerous financial and accounting fraud civil
litigation claims against companies that include Lucent
Technologies, Tyco, Oxford Health Plans, Computer
Associates, Aetna, WorldCom, Vivendi, AOL Time Warner,
Ikon, Doral Financial, First BanCorp, Acclaim Entertainment,
Pall Corporation, iStar Financial, Hibernia Foods, NBTY,
Tommy Hilfiger, Lockheed Martin, the Blackstone Group and
Motorola. In addition, he assisted in the prosecution of
numerous civil claims against the major United States public
accounting firms.
Christopher Yurcek is the Assistant
Director of the Firm’s Forensic
Accounting Department, which
provides in-house forensic accounting
and litigation expertise in connection
with major securities fraud litigation.
He has directed the Firm’s forensic
accounting efforts on numerous highprofile cases, including In re Enron
Corp. Sec. Litig. and Jaffe v. Household Int’l, Inc., which
resulted in a jury verdict and judgment of $2.46 billion.
Other prominent cases include HealthSouth, UnitedHealth,
Vesta, Informix, Mattel, Coca-Cola and Media Vision.
Mr. Aronica has been employed in the practice of financial
accounting for more than 30 years, including public
accounting, where he was responsible for providing clients
with a wide range of accounting and auditing services; the
investment bank Drexel Burnham Lambert, Inc., where he
held positions with accounting and financial reporting
responsibilities; and at the SEC, where he held various
positions in the divisions of Corporation Finance and
Enforcement and participated in the prosecution of both
criminal and civil fraud claims.
Education
Mr. Yurcek has over 20 years of accounting, auditing, and
consulting experience in areas including financial statement
audit, forensic accounting and fraud investigation, auditor
malpractice, turn-around consulting, business litigation and
business valuation. He is a Certified Public Accountant
licensed in California, holds a Certified in Financial Forensics
(CFF) Credential from the American Institute of Certified
Public Accountants, and is a member of the California
Society of CPAs and the Association of Certified Fraud
Examiners.
Education
B.A., University of California, Santa Barbara, 1985
B.B.A., University of Georgia, 1979
Andrew J. Rudolph
Andrew J. Rudolph is the Director of
the Firm’s Forensic Accounting
Department, which provides in-house
forensic accounting expertise in
connection with securities fraud
litigation against national and foreign
companies. He has directed hundreds
of financial statement fraud
investigations, which were
instrumental in recovering billions of dollars for defrauded
investors. Prominent cases include Qwest, HealthSouth,
WorldCom, Boeing, Honeywell, Vivendi, Aurora Foods,
Informix, Platinum Software, AOL Time Warner, and
UnitedHealth.
Mr. Rudolph is a Certified Fraud Examiner and a Certified
Public Accountant licensed to practice in California. He is an
active member of the American Institute of Certified Public
Accountants, California’s Society of Certified Public
Accountants, and the Association of Certified Fraud
Examiners. His 20 years of public accounting, consulting
and forensic accounting experience includes financial fraud
investigation, auditor malpractice, auditing of public and
private companies, business litigation consulting, due
diligence investigations and taxation.
Education
B.A., Central Connecticut State University, 1985

Plaintiff`s Counsel Declarations in Support of Motion

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