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"Bet the Company" Litigation 2011: Best Practices for Complex Cases


Speaker(s): Aviva O. Will, Elaine H. Mandelbaum, Herbert S. Washer, Hon. Eileen Bransten, Hon. Elizabeth S. Stong, Hon. Fred E. Edwards, James L. Bernard, Jonathan K. Youngwood, Karin A. DeMasi, M. Alexander Bowie II, Marilyn C. Kunstler, Mei Lin Kwan-Gett, Owen C. Pell, Owen L. Cyrulnik, Pierre M. Gentin, Richard J. Holwell, Richard W. Clary, Robert L. Palmer, Ronald C. Minkoff, Ronit Setton, Sherrie R. Savett, Sung-Hee Suh, William C. Fredericks
Recorded on: Nov. 8, 2011
PLI Program #: 28268

Herbert S. Washer

Mr. Washer is a member of Cahill's Litigation Group concentrating on the defense of complex securities, derivative-related and commodities matters involving civil, regulatory and criminal proceedings. He represents institutions and individuals in federal and state courts, before regulatory bodies and in internal investigations in matters concerning accounting fraud, derivative products, commodities and securities trading, market manipulation, banking and price-fixing.

Mr. Washer currently serves as lead counsel representing major financial institutions in numerous high-profile matters, including civil, criminal and/or regulatory enforcement actions involving the CDO, ARS and CDS markets, alleged commodities market manipulations, and the setting of LIBOR rates. He also represented Merrill Lynch in all criminal, regulatory and civil matters arising out of the collapse of Enron.

Mr. Washer is recognized as a leading securities litigator by the major lawyer ranking directories including Chambers USA, Euromoney's Benchmark Litigation, The Legal 500 and PLC Which Lawyer?. He is an author and frequent lecturer on securities litigation and government investigations.

Mr. Washer received his law degree from Boston University School of Law, cum laude, in 1991, and his undergraduate degree from Indiana University in 1988.


James Bernard is a partner in the Litigation Department of Stroock & Stroock & Lavan LLP.  His practice covers a range of litigation areas (most recently he has been representing Grant Thornton International in the MDL litigations arising from the collapse of Parmalat), including securities fraud, audit malpractice, RICO, Attorney General investigations and other complex litigation matters. He has also worked on commodities and derivatives litigations and white-collar criminal law, and has published extensively on the latter.  In addition, he is an adjunct Professor of Professional Responsibility at Fordham University School of Law. He is also co-general counsel at Stroock.  He graduated magna cum laude from Bowdoin College in 1989, and cum laude from Fordham University School of Law in 1995, where he was elected to the Order of the Coif. He was a law clerk to the Hon. Loretta A. Preska from 1997 to 1998, and the Hon. Alvin K. Hellerstein from 1998 to 1999, both of the United States District Court for the Southern District of New York.


Owen Pell's areas of practice include complex commercial litigation, securities litigation, litigation involving foreign sovereigns and their state-owned entities, and litigation involving issues of public international law. Mr. Pell also has extensive experience representing financial institutions and companies in connection with investigations by the SEC, the DOJ and state banking regulators, and litigation that may arise from those investigations. He has conducted internal investigations with regard to the FCPA, fraud, lender liability, and historical reparation issues.

Mr. Pell represented Deutsche Bank and UBS in class action, securities and bankruptcy litigation relating to the collapse of Enron. He also has represented corporations and sovereigns with regard to transnational claims, including successfully representing TNK-BP, the third-largest oil company in Russia, in a RICO action that tested the territorial limits of the RICO statute. That case recently was dismissed by the Second Circuit in the first decision to apply the Supreme Court's decision in Morrison v. Nat'l Australia Bank to limit the extraterritorial reach of the US RICO statute.

Mr. Pell has handled important cases in the area of corporate social responsibility, including by representing Citigroup in class actions relating to the bank's activities in South Africa during the former apartheid regime, and JP Morgan Chase in class actions relating to a predecessor bank's alleged connections to African slavery in the United States. Mr. Pell also represented The Chase Manhattan Bank and Crédit Commercial de France in class actions arising from the activities of the banks in France during World War II, and participated in the successful negotiations between the United States and France to resolve those cases. More recently, he successfully represented Poland and the Caisse des Dépôts et Consignations in World War II-related cases, and is now representing the Hungarian National Railway in similar litigation. Mr. Pell also recently completed a case for the Republic of Peru that resulted in an agreement by Yale University to return to Peru artifacts from Machu Picchu.

Mr. Pell was invited to lecture at the SEC on "The Exploding Fiduciary: Can Integrated Financial Institutions Really Manage Fiduciary Risk." The presentation explored the expansion of financial institution exposure to liability based on the complex array of competing roles and duties inherent in their businesses, and the shift in the identity of investors in today's public markets.

Mr. Pell formulated a proposal for creating a title-clearing and dispute resolution entity to address claims relating to works of art looted from individuals during the Holocaust. The proposal received attention because it did not require a treaty for implementation. Hearings were held in the European Parliament, and in 2003 the European Parliament adopted 487-10 a resolution supporting further study of Mr. Pell's proposal. More recently, Mr. Pell was invited to be the only private lawyer on the US delegation to the June 2009 Prague Conference on Holocaust Era Assets, which culminated in the signing of the Terezin Declaration by 46 nations.

Mr. Pell has published on the subject of Holocaust-looted art, including in the DePaul Journal of Art and Entertainment Law and the papers of the Permanent Court of International Arbitration. Mr. Pell also was invited to present a public lecture to the New York State Court of Appeals relating to Holocaust-looted art claims.

Bars and Courts

  • New York State Bar
  • US Supreme Court
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Seventh Circuit
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York

Education
  • JD, University of Virginia School of Law, Member of the Virginia Journal of International Law, 1983
  • BA, State University of New York at Binghamton, summa cum laude, Phi Beta Kappa, 1980

Awards and Recognition
  • 2003 Burton Award for Excellence in Legal Writing
  • Listed in "The Best Lawyers in America," 2008 edition
  • The National Law Journal names White & Case to "Defense Hot List"
  • Litigation Partner Owen Pell Wins Award for Excellence in Legal Writing


Richard W. Clary is a partner in Cravath's Litigation Department, and until recently, the Firm's Head of Litigation. His cases have included securities defense for numerous financial institutions and for IBM; antitrust defense for Lucent, IBM and INEOS; biotech patent litigation (on both the plaintiff and defense sides) for Schering AG and Berlex; telephony and semiconductor patent litigation (on both the plaintiff and defense sides) for Lucent; patent and antitrust litigation (at both the trial and appellate levels) for Paragon Trade Brands; trade secret, trademark and patent litigation for IBM; trade secret litigation for INEOS; bankruptcy litigation for Chase and Credit Suisse; and appellate litigation for numerous clients. 

Mr. Clary has extensive district court and appellate experience; he has also handled both international and domestic arbitrations.  
Mr. Clary was lead counsel for Credit Suisse in all its Enron-related civil litigation in Federal, state and bankruptcy courts. He argued on behalf of Credit Suisse the successful appeal to the U.S. Court of Appeals for the Fifth Circuit, reversing class certification in the $40 billion Enron Federal class action litigation. The Fifth Circuit ruled that Credit Suisse and other banks had no fiduciary obligation to Enron's shareholders, had no duty of disclosure, had made no misrepresentations to Enron's shareholders, and had not committed any conduct that rose to the level of a primary violation of the securities laws. The District Court subsequently granted summary judgment for Credit Suisse. 

Currently, Mr. Clary is lead counsel for Credit Suisse in defense of actions relating to residential mortgage-backed securities nationwide.  He previously represented Credit Suisse and Deutsche Bank in litigation regarding the Hexion/Huntsman merger in Delaware, Texas and New York and recently, successfully defended Credit Suisse in a securities class action relating to collateralized debt obligations. Mr. Clary also successfully represented the outside directors of Citigroup in connection with subprime-related litigation and defended various financial institutions in securities litigation relating to Dynegy, El Paso and Anchor Glass.    


ROBERT L. PALMER is a principal in McKool Smith Hennigan in Los Angeles.  He has a general commercial litigation practice, emphasizing cases arising under federal and state securities, antitrust and false claims statutes. 


Ronit Setton is a partner at Cadwalader, Wickersham & Taft LLP. She concentrates her practice on securities-related litigation and has significant experience in antitrust and general commercial litigation. She has litigated numerous high-profile private and class action securities cases on behalf of issuers, officers and directors, financial institutions, and accountants, and also litigates shareholder derivative actions. Ronit also represents companies and individuals in a wide range of commercial and business disputes, including contract disputes and antitrust cases.

Ronit received her B.A. and M.A. from Stanford University in 1986 and her J.D. from New York University School of Law in 1992. Ronit received a Pro Bono Publico award for outstanding pro bono service from the Legal Aid Society in 2009. Ronit has represented the following parties, among others, in securities litigation in a variety of jurisdictions: 

  • Morgan Stanley in securities class actions and derivative litigation relating to auction rate securities.
  • Zale, Pfizer, Majesco Entertainment, Box Hill Systems, e.spire Communications, FirstWorld Communications, ECI, and other companies, and the officers and directors associated with those companies, in securities class actions filed in the wake of restatements or a decline in stock price.
  • Directors and officers of AK Steel, Majesco, Terex, and other companies in derivative litigation.
  • Bank of America in the securities class actions and opt-out cases filed in connection with the collapse of Enron and WorldCom.
  • Bear Stearns in class actions seeking to enjoin its merger transaction with JPMorgan Chase and for money damages; DPL in class and derivative actions seeking to enjoin its merger transaction with AES.
  • Directors and officers of Bank of America in derivative litigation relating to write downs in connection with subprime exposure.
  • 40 companies and more than 180 individual defendants in 40 separate securities class actions that are part of the "IPO laddering" coordinated litigation.
  • Bank of America in three separate securities cases involving the securities of Breed Technologies, Fairfax Financial Holdings Limited and UTStarcom Inc.
  • Falconbridge Limited in securities litigation relating to certain transactions.
  • A major financial institution in two securities class actions relating to equity-linked notes.


Ronald C. Minkoff is a partner in the Litigation Group and Head of the Professional Responsibility Group. Mr. Minkoff is one of New York State’s leading practitioners in the field of attorney ethics and professional responsibility, representing attorneys in a wide variety of matters including law firm partnership disputes, attorney discipline cases, legal fee disputes and legal malpractice and professional liability cases on behalf of both plaintiffs and defendants. He also provides ethics opinions and advice to a wide variety of law firm clients.  In addition, he also serves as an expert witness in legal malpractice lawsuits and attorneys’ fees disputes.

Mr. Minkoff is a member of several Bar Ethics Committees, including the Committee on Standards of Attorney Conduct (COSAC) and the Committee on Professional Discipline of the New York State Bar Association. He is also the Chair of the Committee on Professionalism and Professional Discipline of the New York County Lawyers’ Association, a former member of the American Bar Association Standing Committee on Professionalism, and a past President of the Association of Professional Responsibility Lawyers. He has written extensively for the New York Professional Responsibility Report, The Professional Lawyer, The New York Law Journal, and other publications and served as the co-Managing editor of the New York Legal Ethics Reporter. Mr. Minkoff has served as an Adjunct Professor of Professional Responsibility at Columbia University School of Law, Benjamin N. Cardozo School of Law, New York University School of Law, Fordham Law School, and Brooklyn Law School. He is a frequent lecturer on the law of lawyering.

In addition, Mr. Minkoff represents businesses and individual professionals and executives in a wide variety of commercial litigation, including business break-ups, securities lawsuits, and domestic and international trade disputes. He represents several law firm partners and law firms in partnership disputes, lateral transitions and law-firm dissolutions. And he represents an internationally known petrochemist in an oil and gas venture dispute. Mr. Minkoff is on the Executive Committee and Board of Directors of the New York County Lawyers’ Association.

Mr. Minkoff was named Best Lawyers’ 2011 New York Ethics and Professional Responsibility Lawyer of the Year. He has also been recognized by Best Lawyers for many years for his work in Commercial Litigation, Ethics and Professional Responsibility, Legal Malpractice, and Regulatory Enforcement matters. He has been named a New York-area “Super Lawyer” for Professional Liability: Defense Work and Business Litigation by Super Lawyers magazine for nine consecutive years.

Mr. Minkoff is a graduate of Columbia Law School (JD, 1980). He is admitted to practice in New York.


Alex Bowie represents clients in many different types of significant and complex litigation. He has represented business and individual clients in numerous federal and state courts around the country and in arbitral forums, including the NASD and JAMS. His recent matters include representing a Chinese manufacturer in a multi-million dollar breach of contract action; representing a group of research scientists in litigation brought by a biopharmaceutical company  to terminate a technology license worth hundreds of millions of dollars; and bringing an arbitration on behalf of a stockholder and officer of a closely-held corporation to resolve disputes over ownership and operation of the company. Alex has represented clients in intellectual property disputes concerning computer hardware and software and other products, including copyright, Lanham Act, trade secret, and patent infringement claims; an arbitration over a former employee's deferred compensation; an employee class action alleging ERISA violations; and special proceedings in New York State Supreme Court on behalf of a limited partner following the collapse of a hedge fund seeking access to partnership records, replacement of a liquidating trustee, and distribution of partnership holdings.

Alex is a member of Day Pitney's Conflicts Ethics and Loss Prevention Committee.


Aviva Will is a seasoned litigator who was most recently a senior litigation manager and Assistant General Counsel at Time Warner Inc. In that role, Ms. Will managed a litigation portfolio of significant antitrust, IP and complex commercial litigation, including matters concerning the pricing of online music, the bundling of cable networks, DVR technology, and cross-border pricing of DVDs. She was also the company's chief antitrust and regulatory counsel advising senior management on antitrust risk and overseeing all matters before the Department of Justice, the Federal Trade Commission and the Federal Communications Commission, as well as dozens of government antitrust investigations and merger clearances in jurisdictions throughout the world. She also served as the Assistant Secretary for the company, managing corporate compliance and governance for the company and Board of Directors.

Prior to joining Time Warner, Ms. Will had been a senior litigator at Cravath, Swaine & Moore in New York where she represented a wide variety of media, technology, and investment banking clients. She has managed a broad range of litigation matters valued in the billions of dollars during her career and has a particular specialty in antitrust and complex business litigation.

Ms. Will graduated from Columbia College with a degree in economics and philosophy and cum laude from Fordham University School of Law where she was the Writing & Research Editor of the Fordham Law Review and a member of the Order of the Coif. She was a law clerk to the Honorable Stewart G. Pollock on the New Jersey Supreme Court.


Judge Elizabeth S. Stong has served as U.S. Bankruptcy Judge for the Eastern District of New York since 2003. Before entering on duty, she was a litigation partner and associate at Willkie Farr & Gallagher in New York, an associate at Cravath, Swaine & Moore, and law clerk to Hon. A. David Mazzone, U.S. District Judge in the District of Massachusetts. 

Judge Stong is a member of the Council and Audit Committee of the American Law Institute, a Trustee and member of the Executive Committee of the Practising Law Institute, co-chair of the International ADR Committee of the International Insolvency Institute, and P.R.I.M.E. Finance, an international dispute resolution organization that promotes judicial education in complex financial disputes. She serves on the ABA Standing Committee on CLE, is a member of the ABA National Conference of Federal Trial Judges Executive Committee, and is active in the leadership of the ABA Business Law Section. She chairs the National Conference of Bankruptcy Judges International Judicial Relations Committee and has trained judges in North Africa, the Middle East, and the Arabian Peninsula, as an expert with the World Bank, the International Finance Corporation, and U.S. Department of Commerce Commercial Law Development Program. She has also consulted with the Supreme Court of China and People's High Courts in Beijing and Guangzhou, and has led judicial workshops in Brazil and Argentina. Judge Stong is an adjunct professor at St. John's University School of Law and Brooklyn Law School. 

Judge Stong previously served as President of the Harvard Law School Association, Vice President of the Federal Bar Council, Vice President of the Board of Directors of New York City Bar Fund Inc. and the City Bar Justice Center, Chair of the New York City Bar's Alternative Dispute Resolution Committee and Vice Chair of its Judiciary Committee, and an officer of the ABA Business Law Section. She was also a member of the board of MFY Legal Services, Inc., one of the largest providers of free civil legal services to low-income residents of New York City, and served on the ABA's Commission on Women in the Profession and Commission on Homelessness and Poverty.

Judge Stong received her J.D. and A.B. magna cum laude from Harvard University. 


Judge Fred Edwards is the Presiding Judge of  9th District Court of the State of Texas.

The 9th District Court is a court of general jurisdiction handling civil and criminal matters.

Judge Edwards is the Senior District Judge of his District with nearly twenty years of experience on the bench.  Judge Edwards has presided over civil cases of Local, State, National and International significance. He has been a presenter for the Practicing Legal Institute, American Conference Institute,  the Dixon Conference on E-Commerce, The National Center for the Judiciary, The State Bar of Texas, and the American Bar Association. Judge Edwards is a legal pioneer for implementing mandatory electronic filing on state civil cases. He has presided over numerous mass tort cases, including mergers and acquisitions, asbestos claims, mental health care, and pharmaceutical liability claims. Judge Edwards has presided over hundreds of high profile criminal trials involving capital murder, murder, robbery, sexual assault and illegal drug smuggling.


JUSTICE EILEEN BRANSTEN is a graduate of Hunter College (summa cum laude, 1975) and Fordham University School of Law (1979). After law school, from 1979 to 1984, she served in the Queens County District Attorney’s Office and then worked as a solo practitioner for seven years. In 1992, she became the Principal Court Attorney and Law Secretary to Supreme Court Justice Jacqueline W. Silbermann, who at that time was also Administrative Judge of the Civil Court of the City of New York.

Justice Bransten was elected to the Civil Court in 1993 and was appointed an Acting Supreme Court Justice in 1996. As an Acting Justice, she presided over a General Trial and then a Matrimonial Part. She was elected to the New York State Supreme Court in November 1999. In 2001, she was assigned to the medical malpractice part. She was assigned to the Commercial Division in March 2008.

Throughout her legal career, Justice Bransten has been active in numerous bar associations and organizations. Justice Bransten is currently Co-President of Judges and Lawyers Breast Cancer Alert (JALBCA). She has been a faculty member for continuing legal education programs conducted by the New York State Bar Association, New York State Trial Lawyers Association and New York County Lawyers Association and has lectured on topics ranging from medical malpractice to ethics. Justice Bransten was an active member of the New York City Civil Court’s Anti-Gender Bias Committee. She also serves as Presiding Member of the New York State Bar Association’s Judicial Section and as Vice-President of the New York State Supreme Court Board of Justices. Justice Bransten has volunteered as a judge for moot-court and mock-trial programs at Columbia Law School, Fordham University School of Law School, the Association of the Bar of the City of New York and the Association of Trial Lawyers of America. She was inducted into the Hunter College Alumni Hall of Fame and serves on the Board of Directors of Fordham University’s law school. For over eighteen years, Justice Bransten has volunteered at the Blessed Sacrament Soup Kitchen.


Marilyn C. Kunstler is a partner in the New York City office of Boies, Schiller & Flexner LLP, where she focuses on complex commercial and securities litigation, internal investigations and corporate governance reviews. Ms. Kunstler has represented corporations, boards of directors, investment banks, hedge funds, accounting firms and private equity investors in a wide variety of matters in state and federal courts around the country, including securities class actions, shareholder derivative suits, bankruptcy litigation, and Congressional, SEC, federal and state investigations, as well as numerous internal investigations. Among her representations, Ms. Kunstler recently defended an international hedge fund in a billion-dollar securities class action and represented Tyco International Ltd. in one of the largest multi-district securities and ERISA class action litigations in the country. 

Ms. Kunstler was appointed to the Advisory Group to the Judicial Improvements Committee of the Southern District of New York, which developed the Pilot Project Regarding Case Management Techniques for Complex Civil Cases implemented by the Court on October 31, 2011. She currently chairs the Federal Courts Committee of the New York City Bar Association and is a founding member of the Advisory Group to the New York State-Federal Judicial Council. She also serves on the Board of Directors of the New York Woman's Bar Association Foundation, Inc. Ms. Kunstler is a graduate of Columbia Law School, where she was an editor of Columbia Law Review, and was a law clerk to the Honorable Robert R. Beezer of the United States Court of Appeals for the Ninth Circuit. She has been recognized in New York Super Lawyers regularly since 2006.  In 2011, she received the American Inns of Court Professionalism Award for the Second Circuit.


Owen L. Cyrulnik has represented clients in a broad range of complex securities litigation in federal and state courts around the United States. Mr. Cyrulnik is part of the team representing the Federal Home Loan Banks of San Francisco and Seattle and The Charles Schwab Corporation in their litigation against securities dealers to rescind the purchase of certificates backed by residential mortgage loans. He also advises certificateholders in mortgage-backed securitizations and CDOs in disputes against the originators and servicers of the loans in those trusts. Mr. Cyrulnik was recently named "Litigator of the Week" by The American Lawyer for his work in removing the proceedings involving Bank of America's $8.5 billion settlement with mortgage-backed securities investors to federal court. Mr. Cyrulnik has represented one of the world's largest media companies in a multi-billion dollar securities class action and dozens of related suits in the wake of one of the largest mergers in history; a major investment bank in multi-faceted litigation arising out of the fall of Enron; and a medical device company claiming patent infringement in an arbitration before the World Intellectual Property Organization.

Education

  • Harvard Law School, JD 2000
  • Yeshiva University, BA 1997


Previous Employment

  • Cravath, Swaine & Moore LLP, Associate, 2000-2008


Bar Admissions

  • New York, 2001
  •  SDNY, EDNY


Jonathan Youngwood is Co-Chair of the Firm’s Litigation Department and is a member of the Executive Committee. With more than two decades of experience, Jon has represented clients in a wide range of high-profile complex commercial litigation and regulatory matters, including securities, corporate control, antitrust, and ERISA disputes.

Jon was named a “Distinguished Leader” by the New York Law Journal in 2017, an award that recognizes lawyers in leadership roles who have achieved impressive results in the last year. Chambers and Partners consistently recognizes Jon as a leading securities litigator (Band 1), describing him as a “very well-respected lawyer with a tremendous reputation, and is very good in the courtroom”; “a great advocate”; “the best lawyer on his feet – he is incredibly comfortable before judges and panels”; and a “smart, focused and creative lawyer who brings the required intensity to the job.” Chambers also describes him as “a detail-oriented litigator with the ability to get to the nub of an issue” who “has extensive securities knowledge”; a “flair for written work and oral advocacy”; who “commands respect in the courtroom”; and “is highly esteemed for his distinguished securities litigation practice, with a number of major financial institutions calling upon his skills in defending class actions, derivative claims and wider disputes work.” He is recognized as a “Leading Lawyer” by The Legal 500, where market commentators describe him as “very talented”; who has a “client-oriented approach”; “technically superb, bright and articulate”; an “outstanding securities litigator”; and “smart, hardworking and extremely professional.” In 2017, he was the recipient of the “Securities Lawyer of the Year” award by Euromoney’s Benchmark Litigation, an award that recognizes the country’s most distinguished litigators; he was listed as a “Top 10 Nationwide Securities Star”; and is consistently recognized as a national and New York “Litigation Star” in Securities Litigation by Benchmark Litigation, where sources have described him as “one of the smartest lawyers I know. He not only is hardworking, but he has the ability to be both a big-picture thinker and also pay incredible attention to detail.”

He edits the Securities Law Alert, a monthly newsletter published by the Firm, is the Co-Chair of PLI’s annual program entitled “Handling a Securities Case: From Investigation to Trial and Everything in Between,” and received the Burton Award for Achievement in Legal Writing.

Among a number of significant pro bono achievements, Jon served on the Simpson Thacher team that achieved a finding (after a seven-month trial) that the New York City public schools fail to provide a constitutionally adequate education. 

Jon received his B.A. with honors from Brown University in 1990. He received his J.D. in 1994 with honors from the University of Chicago, where he served as Comments Editor of The University of Chicago Law Review. He also holds a Master of Public Policy from The University of Chicago (1992). Jon joined Simpson Thacher in 1995 following a one-year clerkship with Hon. Dennis G. Jacobs of United States Court of Appeals for the Second Circuit. He became a Partner in 2003.


Karin A. DeMasi is a partner in Cravath’s Litigation Department and serves as the Department’s Managing Partner.  She has been a litigator at Cravath for 21 years and a partner for over 13 years.  She has extensive experience representing clients in class action litigation, including a number of securities cases, most recently representing GreenSky and its officers and directors in putative class action securities litigation alleging disclosure deficiencies in connection with GreenSky’s initial public offering; First Solar in a securities class action and a related opt-out action; Juno Therapeutics in a securities class action alleging defendants failed to disclose the side effects associated with an immunotherapy drug, resulting in a stock price drop when the clinical trial was halted; Merck in multidistrict litigation, which contained numerous class actions, individual securities actions, derivative suits and ERISA class actions, all of which Karin defended for more than a decade, including in the trial court, the Third Circuit and in the U.S. Supreme Court; DreamWorks Animation in two separate securities class action lawsuits concerning the animated film Turbo and sales of the company’s Shrek 2 DVD; Tetragon Financial Group in separate putative securities class actions; and Charm Communications and a special committee of its board of directors in a securities class action concerning the company’s going-private sale.  Karin also represented an underwriting syndicate led by Credit Suisse, Merrill Lynch and Lehman Brothers in a securities class action alleging misrepresentations and omissions in connection with the initial public offering of Anchor Glass Container Corporation; Morgan Stanley in securities litigation, as well as related class action litigation, regarding alleged misrepresentations and disclosures relating to Guaranteed Investment Contracts marketed and sold by the financial services company ARM Financial Group; and Tyco International in a consolidated, multidistrict shareholder fraud class action, and related individual securities actions.  In the past 10 years, Karin has had 14 similar cases successfully resolved on motions and 24 similar cases that ultimately settled.

Ms. DeMasi was elected in 2013 to serve as a member of The American Law Institute.  She is also a member of the American Bar Association and the New York City Bar Association.  She is the author of several articles, and has spoken on several panels relating to securities and class action litigation.

Ms. DeMasi received a B.S. from Northwestern University in 1993, and a J.D. from the University of Pennsylvania in 1996, where she was Editor of the University of Pennsylvania Law Review.  After a clerkship with Hon. D. Brock Hornby of the U.S. District Court for the District of Maine, she joined Cravath in 1997 and became a partner in 2005.  Ms. DeMasi has served as the Managing Partner of the Litigation Department since September 2016.  From 2014 to 2016, she served as the Hiring Partner for the Firm’s Litigation Department.


Mei Lin Kwan-Gett is Citigroup’s Deputy General Counsel and Head of Global Litigation and Regulatory Investigations, where she supervises a worldwide litigation and investigations team.  Prior to joining Citigroup, Ms. Kwan-Gett was a partner at the law firm of Willkie Farr & Gallagher, LLP, where she was co-head of the firm’s white collar defense practice group and specialized in regulatory and enforcement matters, internal investigations, and complex commercial litigation.  Prior to joining Willkie Farr, Ms. Kwan-Gett worked at the U.S. Attorney’s Office for the Southern District of New York as Deputy Chief of the Criminal Division.  She also served as Special Investigative Counsel for the Office of the Inspector General for the U.S. Department of Justice.  She began her career as a Law Clerk in the U.S. Court of Appeals for the Second Circuit.

Ms. Kwan-Gett is a former Chair of the Board of Directors of the City Bar Fund and was a Vice President of the Association of the Bar of the City of New York, and she is a member of the Practising Law Institute’s Board of Trustees

Mei Lin earned her AB from Harvard College and her JD from Yale Law School.


Sherrie R. Savett, Chairwoman Emeritus, Chair of the Securities & Investor Protection, Commercial Litigation, Technology, Privacy & Data Breach, and Whistleblower, Qui Tam & False Claims Act departments, and member of the Firm’s Management Committee, has practiced in the areas of securities litigation and class actions since 1975.

Ms. Savett serves or has served as lead or co-lead counsel or as a member of the executive committee in many important securities and consumer class actions in federal and state courts across the country, including In re Rite Aid Corp. Securities Litigation ($334 million settlement); In re Waste Management, Inc. Securities Litigation ($220 million settlement); In re Fleming Companies, Inc. Securities Litigation ($94 million settlement); In re CIGNA Corp. Securities Litigation ($93 million settlement); and In re Alcatel Alsthom Securities Litigation ($75 million settlement); among others.

Ms. Savett has also helped establish several significant precedents. Among them is the holding (the first ever in a federal appellate court) that municipalities are subject to the anti-fraud provisions of SEC Rule 10b-5 under § 10(b) of the Securities Exchange Act of 1934, and that municipalities that issue bonds are not acting as an arm of the state and therefore are not entitled to immunity from suit in the federal courts under the Eleventh Amendment. Sonnenfeld v. City and County of Denver, 100 F.3d 744, Court of Appeals, 10th Circuit 1996.

In the U.S. Bioscience securities class action, a biotechnology case where critical discovery was needed from the federal Food and Drug Administration, the court ruled that the FDA may not automatically assert its administrative privilege to block a subpoena and may be subject to discovery depending on the facts of the case. In re U.S. Bioscience Secur. Litig., 150 F.R.D. 80 (E.D. Pa. 1993).

Ms. Savett speaks and writes frequently on securities litigation, consumer class actions and False Claims Act litigation. She has lectured at the University of Pennsylvania Law School, the Wharton School of the University of Pennsylvania and at the Stanford Law School. She is frequently invited to present and serve as a panelist in American Bar Association and American Law Institute conferences on securities class action litigation and the use of class actions in consumer litigation.

Ms. Savett is widely recognized as a leading litigator and a top female leader in the profession by local and national legal rating organizations.


Elaine H. Mandelbaum was most recently General Counsel of Litigation and Regulatory Investigations of Citigroup’s Institutional Clients Group (ICG). She and her group were responsible for all litigation, arbitrations, internal investigations and regulatory inquiries and related investigations, sweeps and enforcement proceedings for Citigroup’s institutional businesses, including corporate and investment banking, sales and trading, capital markets origination, securities services, trade and treasury services and private banking.  Elaine also was a member of the Global ICG Legal Management Committee. Prior to starting at Citigroup in 1997, Ms. Mandelbaum was a litigation attorney at the New York office of Jones, Day, Reavis & Pogue, and previously at Paul, Weiss, Rifkind, Wharton & Garrison.

Elaine is the current President of the SIFMA Compliance & Legal Society, and has served on the SIFMA C&L’s Executive Committee for over a decade. Elaine was previously Vice Chair of the FINRA National Adjudicatory Council, the appellate body for decisions rendered in FINRA disciplinary and membership proceedings. Elaine serves on the Board of Directors of the Legal Action Center and of the National Council of Jewish Women, and was the recipient of the 2015 “Woman Who Dared” Award from the NCJW.

Elaine is a frequent speaker at PLI, SIFMA and other industry conferences on topics relating to complex securities litigation, corporate governance, internal and regulatory investigations and issues relating to women in the securities industry. She is an honors graduate of Yale College and of Harvard Law School.


The Hon. Richard J. Holwell served as a federal judge in the Southern District of New York from 2003-12, before stepping down to found Holwell Shuster & Goldberg, a litigation boutique. During his tenure on the federal bench he presided over a broad array of civil and criminal cases including two of the most significant securities fraud matters to reach trial in recent decades: the insider trading trial of Galleon Group founder Raj Rajaratnam, and the shareholder class action brought against Vivendi S.A. that resolved several novel issues regarding the application of U.S. law to securities fraud claims asserted by shareholders acquiring shares on foreign exchanges.

Before his appointment to the bench, Judge Holwell was a senior partner at the global law firm White & Case, where he served on the Management Board and as the firm's Executive Partner for Disputes. In an illustrious career spanning three decades, Judge Holwell represented clients in highly complex commercial litigation matters involving securities, antitrust, and bankruptcy issues; in numerous investigations undertaken by the Department of Justice, Securities and Exchange Commission, and Federal Trade Commission; and in a precedent setting appellate practice. 

EDUCATION

  • Columbia-Cambridge Fellowship, Cambridge University Institute of Criminology (Dip. Crim., 1971)
  • Columbia University School of Law (J.D., cum laude, 1970)
  • Villanova University (B.A., 1967)


COURT ADMISSIONS

  • New York Supreme Court, First Department, admitted October 27, 1972
  • U.S. District Court for the Southern District of New York, admitted October 31, 1974
  • U.S. Court of Appeals for the Seventh Circuit, admitted September 5, 1980
  • U.S. Court of Appeals for the Second Circuit, admitted September 9, 1982
  • U.S. Court of Appeals for the Sixth Circuit, admitted November 4, 1983
  • Supreme Court of the United States, admitted March 31, 1986
  • U.S. District Court for the Eastern District of New York, admitted April 15, 1996
  • U.S. District Court for the Northern District of New York, admitted January 8, 1998
  • U.S. District Court for the Western District of New York, admitted May 18, 2000
  • Register of Foreign Lawyers, admitted January 16, 2002


BAR ASSOCIATIONS

  • NYS Bar Association, American Bar Association, Federal Bar Council


Pierre M. Gentin served for nearly two decades as a Managing Director in various senior legal and risk positions at Credit Suisse AG, including Global Head of Litigation, Regulatory Investigations, and Employment Law, and Head of Reputational Risk for the Americas.  Before joining Credit Suisse, Mr. Gentin served in the U.S. Department of Justice as an Assistant United States Attorney for the Southern District of New York.  He graduated from Princeton University, magna cum laude, Phi Beta Kappa, and from Columbia Law School.


Sung-Hee Suh is the Deputy Assistant Attorney General overseeing the Fraud, Appellate and Capital Case Sections in the Criminal Division of the U.S. Department of Justice.  Her responsibilities include supervising cases involving the Foreign Corrupt Practices Act (“FCPA”), securities and commodities fraud, health care fraud and government program fraud, as well as formulating federal enforcement policies on white-collar crime and coordinating interagency, multi-district and international law enforcement efforts.  Ms. Suh re-joined the Justice Department in September 2014 following 15 years at the New York law firm of Schulte Roth & Zabel LLP, where she was a partner in the Litigation Group and handled numerous securities and commodities fraud, FCPA, Bank Secrecy Act, anti-money laundering and economic sanctions matters.  She previously served as an Assistant U.S. Attorney in the Eastern District of New York, including as Deputy Chief of the Organized Crime and Racketeering Section.  She graduated from Harvard College, Harvard Graduate School of Arts and Sciences, and Harvard Law School.


WILLIAM C. FREDERICKS is a partner in the New York office of Scott + Scott LLP. He began his legal career as a law clerk for the Hon. Robert S. Gawthrop III of the U.S. District Court for the Eastern District of Pennsylvania, and then spent seven years practicing securities and complex commercial litigation as an associate at Simpson Thacher & Bartlett and Willkie Farr & Gallagher before moving to the plaintiffs’ side of the bar in 1997 where he was a partner at Milberg LLP and then at Bernstein Litowitz Berger & Grossmann LLP. Mr. Fredericks has represented investors as a lead or co-lead counsel in dozens of securities class actions, including In re Wachovia Preferred Securities and Bond/Notes Litig. (S.D.N.Y.) (total settlements of $627 million, reflecting the largest recovery ever in a pure Securities Act case that did not involve any parallel government fraud claims); In re Rite Aid Securities Litig. (E.D. Pa.) (total settlements of $323 million, including the then-second largest securities fraud settlement ever against a Big Four accounting firm); In re Sears Roebuck & Co. Securities Litig. (N.D. Ill.) ($215 million settlement, reflecting the largest section 10(b) recovery in history in an action not involving either a financial restatement or parallel government fraud claims ); In re State Street ERISA Litig. ($89 million settlement, one of the largest ERISA class action settlements to date) and Irvine v. Imclone Systems, Inc. (S.D.N.Y.) ($75 million settlement). He has also obtained significant recoveries on behalf of creditor interests, including recoveries against News Corp. on behalf of the receiver in bankruptcy of Australis Holdings Pty. Limited, and recoveries on behalf of the Friedman’s Creditor’s Trust against certain former outside attorneys, auditors and financial advisers of Friedman’s, Inc. Mr. Fredericks also played a lead role on the appellate team that obtained a rare 9-0 decision for plaintiffs (and remand to the district court) in a securities fraud case from the United States Supreme Court in Merck & Co., Inc. v. Reynolds, 130 S.Ct. 1784 (2010). Mr. Fredericks also has extensive experience litigating various MBS-related actions against MBS issuers, sponsors, underwriters and trustees, including the ongoing litigation in Retirement Board v. Bank of New York Mellon, No. 1:11-cv-05459 (S.D.N.Y.) against the trustee of various Countrywide-sponsored MBS trusts based on the trustee’s alleged failure to take timely and appropriate actions to enforce the trusts’ repurchase rights).

Mr. Fredericks graduated from Columbia University School of Law in 1988, where he was awarded the Toppan Prize in Advanced Constitutional Law, the Beck Prize in Property Law, the Greenbaum Prize for Legal Writing, and the Gov. Thomas E. Dewey Prize for best oral argument in the final round of Columbia’s 1988 Harlan Fiske Stone Moot Court Honor Competition. He earned his B.S., with High Honors, from Swarthmore College, and also holds an M. Litt. degree in international relations from Oxford University.

Mr. Fredericks has been a panelist on numerous programs sponsored by various organizations, including the Practising Law Institute (PLI) and the American Law Institute/American Bar Association (ALI/ABA). He is a member of the Association of the Bar of the City of New York (former chairman, Committee on Military Affairs and Justice), The American Bar Association, and The Federal Bar Council. He is admitted to the bar of the State of New York and to the bars of the United States Supreme Court, the U.S. Courts of Appeal for the Second, Third, Sixth and Tenth Circuits, and the U.S. District Courts for the Southern and Eastern Districts of New York.