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Securities Litigation 2016: From Investigation to Trial


Speaker(s): Adam S. Hakki, Amanda T. Perez, Amelia T.R. Starr, Brad S. Karp, C. Evan Stewart, David A. Rosenfeld, David A. Travin, Felipe J. Arroyo, Geoffrey J. Ritts, James R. Swanson, Jed D. Melnick, John P. Stigi, Jonathan Bach, Jonathan Gardner, Jonathan K. Youngwood, Jonathan R. Tuttle, Jordan Eth, Karin A. DeMasi, Katherine M. Sinderson, Lyle Roberts, Michael L. Kichline, Nicholas I. Crew, Paul C. Gluckow, Richard F. Dziedziula, Sandra M. Hanna, Tracey Cushing Gilliam
Recorded on: Apr. 20, 2016
PLI Program #: 149697

Chairman of the firm since 2008, Brad Karp is one of the country’s leading litigators and corporate advisers. Brad has successfully guided numerous Fortune 100 companies, global financial institutions and other companies through “bet the company” litigations, regulatory matters and internal investigations. Prior to being named chairman of Paul, Weiss, Brad chaired the firm’s Litigation Department. Brad has spent his entire career at Paul, Weiss, beginning as a summer associate.

Brad has received numerous industry recognitions over the years. In 2019, Brad was selected as a “Trailblazer” and as a “Distinguished Leader” by the New York Law Journal and as an “Equality Trailblazer” by the National Law Journal. In 2018, Brad received the Special Achievement Award from the Financial Times in recognition of his legal achievements and leadership of Paul, Weiss and was also named the “Attorney of the Year” by the New York Law Journal, “Litigator of the Year” by The American Lawyer, “Sports MVP of the Year” by Law360, and “Securities Lawyer of the Year” by Best Lawyers. In 2017, Brad was selected as a “Litigation Trailblazer” by the National Law Journal and Best Lawyers’ “Banking Lawyer of the Year.” Additional publications consistently rank Brad as one of the leading lawyers in the United States, including The Wall Street Journal, The New York Times, Crain’s New York Business, The Financial Times, The Lawyer (U.K.), The Legal 500Euromoney Institutional InvestorsBest of the Best USA and Benchmark/Institutional Investor.

Brad speaks and writes frequently on business litigation, securities litigation and corporate governance. He has spoken at more than 600 conferences and has lectured at Harvard Law School, Yale Law School, Columbia Law School, NYU Law School and The Federal Judicial Center. Brad has written more than 500 articles on business litigation issues. For the past 35 years, Brad has written a monthly column for the New York Law Journal, “Second Circuit Review,” which analyzes developments in the Court of Appeals for the Second Circuit. Brad is a frequent contributor to the Harvard Law School Forum on Corporate Governance and Financial Regulation. Brad has also spoken out and written about pressing issues of social justice. Most recently, in 2018, Brad authored two op-eds in The New York Times, “Stop Shielding Gun Makers,” advocating changes to gun manufacturer liability laws, and “An Army of Lawyers for Migrants,” urging the private bar to address the unlawful treatment of immigrants and to seek the reunification of separated families. In 2018, Brad also authored an op-ed in the New York Law Journal, “Democracy Itself Is on the Ballot,” addressing voter suppression and disenfranchisement. Brad is also active in the community, serving on more than 25 public interest and educational institution boards.

Brad is a 1984 graduate of Harvard Law School and clerked for The Honorable Irving R. Kaufman, former Chief Judge of the U.S. Court of Appeals for the Second Circuit.


Jordan Eth is co-chair of the firm’s Securities Litigation, Enforcement, and White-Collar Defense Group. He is one of the nation’s leading securities litigators, representing public companies and their officers and directors in securities class actions, SEC investigations, derivative suits, mergers and acquisitions litigation, and internal investigations. In 2008, Mr. Eth received a California Lawyer Attorney of the Year   Award for co-leading the successful defense of JDS Uniphase Corp. and its former executives in a securities class action jury trial seeking $20 billion in damages.

Mr. Eth has more than 30 years of experience handling complex and high- stakes litigation. He has represented dozens of companies and individuals in a broad range of industries, including financial services, computer software and hardware, life sciences, and consumer products.

Mr. Eth is recommended by multiple publications including Chambers USA: America’s Leading Lawyers for Business; Legal 500 US; The Best Lawyers in America and Benchmark Litigation. In 2010, he was selected by his peers as one of Law360’s 10 Most Admired Securities Attorneys. Clients have described him as “deeply knowledgeable and experienced and a natural leader without ego issues; he thinks strategically and is extremely responsive, realistic, and clear in his assessments of situations.” “Jordan understands the CEO mentality with respect to securities actions and navigates the corporate politics of these matters with the same expertise with which he handles the legal case; Jordan is true to his pitch that he will handle the case in a cost-efficient manner.”

Mr. Eth received his B.A. in Economics from Swarthmore College, with highest honors and Phi Beta Kappa, and his J.D. from Stanford University, Order of the Coif. At Stanford, he was Co-President of the Moot Court Board.

Mr. Eth served as a law clerk to the Honorable Chief Judge Robert F. Peckham, U.S. District Court for the Northern District of California, from August 1985 through August 1986. From 1980 through 1982, he worked as an economist in Washington, D.C., first for the United States Department of Energy and then for the Budget Committee of the United States House of Representatives.

EDUCATION

Swarthmore College (B.A., 1980)

Stanford Law School (J.D., 1985)

RANKINGS

Chambers USA 2007–2015
Recognized as a Leading Securities Litigation Lawyer

The Legal 500 US 2008–2015

Recognized in the area of Securities: Shareholder Litigation

The Best Lawyers in America 2008–2016
Recognized for Bet-the-Company Litigation, Commercial Litigation and Securities Litigation


In May 2011, David Travin joined UBS AG as an Executive Director and Counsel in its Litigation & Investigations Group.  David’s primary responsibility is the handling of litigation, regulatory investigations, and internal investigations for UBS’s investment bank in the Americas.  David is also UBS's representative on the SIFMA Litigation Advisory Committee. 

Prior to UBS, David was a member of the Litigation and Regulatory Group at Deutsche Bank AG from 2006 to 2011.  At Deutsche Bank, David was responsible for litigation and regulatory matters arising out of the U.S.-based broker-dealer, including the Private Wealth Management division.

David started his career as an associate in the litigation department of Greenberg Traurig LLP (2001-2006), with a focus on securities litigation.

David received a B.S. in Industrial and Labor Relations from Cornell University (1998) and a J.D. from The George Washington University School of Law (2001).


Adam Hakki is the Firm’s Global Managing Partner.  He is also Global Head of the Firm’s Litigation Practice and Disputes Unit, maintaining a full time litigation and government investigation practice, with particular focus on securities, antitrust, and corporate governance matters, both civil and criminal.  Adam regularly appears in the courtroom, boardroom and before the Department of Justice, Securities and Exchange Commission, CFTC, FINRA, and other regulators. With decades of experience, Adam is seasoned in crisis management and a first-choice counsel to the financial industry for major cases and investigations.  Adam also frequently represents companies, directors and senior executives in other industries, especially healthcare, energy/oil and gas, technology and media.  For two of the last three years, Benchmark Litigation named Adam the sole “Securities Lawyer of the Year” for the entire United States.

Adam authored the chapter on damages in Litigating Securities Class Actions (Eisenberg, J., editor, LEXIS/NEXIS publisher), a comprehensive treatise on defending securities class actions whose contributing authors are recognized leaders in the field of securities litigation.  He has also co-authored numerous publications on securities regulation, enforcement and litigation, including the lead chapter on handling parallel regulatory investigations and securities litigations for the Practising Law Institute’s book “Handling a Securities Case:  From Investigation to Trial and Everything in Between.”  Adam is also a frequent lecturer and panel participant on insider trading, SEC and government investigations, and litigation and compliance matters, for SIFMA, PLI, ALI and other leading groups. 

Adam received his J.D. from St. John’s School of Law, magna cum laude, where he was Executive Articles Editor of the Law Review. 


David A. Rosenfeld is a partner at Robbins Geller Rudman & Dowd LLP in the firm’s Melville, NY and Manhattan offices. Mr. Rosenfeld has focused his practice of law for more than a decade in the areas of securities litigation and corporate takeover litigation. He has been appointed as lead counsel in dozens of securities fraud lawsuits and has successfully recovered hundreds of millions of dollars for defrauded shareholders.

Mr. Rosenfeld, serving as lead counsel, recently secured a settlement of $70 million in the securities class action on behalf of investors in Credit Suisse Group and was also appointed as lead counsel in the securities fraud lawsuit against First BanCorp, which provided shareholders with a $74.25 million recovery. He served as lead counsel in In re Aramark Corporation Shareholders Litigation, 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 going-private transaction (reduced from 37% to 3.5%).

Since 2011, Mr. Rosenfeld has been named by Super Lawyers Magazine as a “Rising Star” in Securities Litigation.

Mr. Rosenfeld is actively prosecuting many cases involving widespread financial fraud, including lawsuits on behalf of victims of Bernard L. Madoff, as well as litigation concerning collateralized debt obligations and credit default swaps.

Mr. Rosenfeld often advises and lectures the Firm’s institutional investor clients on securities litigation and has been responsible for numerous significant rulings in their appointment as lead plaintiffs.

Mr. Rosenfeld regularly practices in federal and state courts throughout the United States and is admitted to practice in the state of New York, the Southern, Eastern and Western Districts of New York, the District of Colorado, the Eastern and Western Districts of Arkansas, the Eastern District of Wisconsin, and the First, Second and Third  Circuit Courts of Appeal.

Mr. Rosenfeld earned his Bachelor of Science degree in Accounting from Yeshiva University’s Sy Syms School of Business and his Juris Doctor degree from the Benjamin N. Cardozo School of Law.


James R. Swanson represents state and local governments, corporations and individuals in commercial disputes, with a primary focus on securities litigation.  His securities matters have spanned a range of subject areas, including municipal finance, derivatives, CDOs, and Ponzi schemes. 


Jed D. Melnick, Esq. is a panelist at JAMS and the managing partner for Weinstein Melnick LLC.  He has been involved in the mediation and successful resolution of thousands of complex disputes with an aggregate value in the billions of dollars (including, complex, multi-party actions in the securities, D&O coverage, bankruptcy and anti-trust arenas).  In addition to mediating over one thousand disputes, he has also published articles on mediation, founded a nationally ranked dispute resolution journal and taught young mediators. 

Two specific highlights of his mediation work include; the successful mediation of a pro bono case between the Disability Rights Advocates and the New York City Taxi and Limousine Commission, which led to a historic settlement raising the number of handicap accessible taxi cabs from less than 5% of the fleet to 50% of the fleet by 2020.  The settlement led the Judge overseeing the case to issue a statement proclaiming, “[T]his is one of the most significant acts of inclusion in this city since Jackie Robinson joined the Brooklyn Dodgers.”.  Mr. Melnick was also appointed (by Judge Kaplan) as one of the mediators in the Lehman ADR Derivative Contract Program, a program designed to help achieve the efficient settlement of the many thousands of cases that came out of the Lehman bankruptcy. 

In 2016, Mr. Melnick, was selected as an ADR Champion by the National Law Journal.  Mr. Melnick was selected to the 2010 list of Pennsylvania “Lawyers on the Fast Track,” a recognition given to 30 Pennsylvania Lawyers under the age of 40 by Legal Intelligencer and the Pennsylvania Law Weekly.    Additionally, three years in a row, he was selected as a Pennsylvania Super Lawyers “Rising Star,” the only “Rising Star” in the Alternative Dispute Resolution category in Pennsylvania.  He received his B.A. from Grinnell College, and J.D. from the Benjamin N. Cardozo School of Law.


John Stigi is a partner in the Business Trial Practice Group in the firm's Century City and Palo Alto offices, and co-leader of the firm's Corporate/Securities Litigation Team.

Areas of Practice

Mr. Stigi's practice focuses on securities class action and shareholder derivative action defense, SEC investigation defense, internal corporate investigations, complex contract and commercial litigation, and M&A and corporate governance litigation. He has extensive experience representing issuers, officers, directors and auditors in all areas of securities, corporate and complex commercial litigation, from the early stages before a complaint is filed through pleading motions, discovery, mediation, trial and appeal. Mr. Stigi also advises companies on disclosure and corporate governance issues, as well as directors and officers insurance matters.

Mr. Stigi’s practice is national in scope. He appears in federal and state courts throughout California, New York and Delaware, and also has appeared in courts in Arizona, Colorado, Florida, Massachusetts, Mississippi, Nevada, New Jersey, Texas and Washington. Mr. Stigi is a member of the AIG Securities Litigation Panel (class action approved).

Mr. Stigi previously practiced in Silicon Valley and New York City where he represented issuers, accountants, banks, brokerage firms, and hedge fund managers in securities, commercial, bankruptcy, employment, and real estate litigation. Mr. Stigi clerked at the  District of Columbia Court of Appeals and was an executive editor of the Virginia Journal of International Law.

Additional Offices

Silicon Valley

Practices

Litigation

        Class Action Defense

        Financial Institutions Litigation

        Securities Enforcement Securities Litigation

White Collar Defense and Corporate Investigations 

Industries  

Aerospace and Defense
Digital Media
Education
Entertainment
Financial Services
Private Equity

Education

J.D., University of Virginia, 1987

B.A., Columbia University, 1984, cum laude


Jonathan Bach is Partner In Charge of the firm's New York office and serves as the firm's East Coast Litigation Practice Group Leader. He specializes in securities litigation, internal corporate investigations, white-collar criminal defense and complex commercial litigation.

Mr. Bach has successfully represented defendants in numerous federal and state criminal trials and has represented individuals and entities in a range of high profile criminal and regulatory investigations. 

In addition, he has handled a wide range of complex civil matters and arbitrations, for both domestic and foreign clients, in disputes concerning securities fraud, health care fraud, professional malpractice, antitrust claims, intellectual property rights and patents, business torts, and contract and licensing issues.

Mr. Bach is a fellow of the American College of Trial Lawyers. He has been recognized in Chambers USA, Euromoney's Guide to the World's Leading White Collar Crime Lawyers, Legal 500, Best Lawyers in America, Benchmark Litigation, and New York Super Lawyers.

Some recent representations include:

  • The representation of an NYSE specialist in a criminal securities fraud trial and related SEC and NYSE enforcement proceedings. Obtained acquittal on three of four counts after jury trial in the Southern District of New York, and Second Circuit reversal of conviction on one remaining count. 
  • The representation of a major private international bank in civil matter involving alleged violations of foreign banking laws. Obtained dismissal of the complaint. 
  • The representation of a major financial institution and its officers in DOJ and SEC investigations relating to the collapse of financial markets in mortgage-backed securities.
  • The representation of the audit committee of the board of directors of a technology company in conducting an internal investigation in connection of the company's restatement of its financials.
  • The representation of a former senior partner at an international law firm in high profile securities fraud trials in the Southern District of New York, SEC proceedings and related civil lawsuits. 
  • The representation of a senior officer of a major stock exchange in an SEC investigation of the exchange's compliance function.
  • The representation of the New York Council of Defense Lawyers before the Senate Judiciary Committee to address reform of the asset forfeiture laws.
  • The representation of public companies and their officers in securities class action litigation.
  • The representation of an investment banker in a high profile obstruction of justice case in the Southern District of New York and related NASD enforcement proceedings.
  • The representation of the former Vice President of Finance of Adelphia Communications Company in connection with a grand jury investigation of securities fraud and bank fraud, related SEC investigation and trial proceedings.
  • The representation of a leading provider of hedge fund consulting services in a dispute concerning alleged theft of trade secrets. 
  • The representation of a high-profile internet company in litigation seeking disclosure of the company's finances.
  • The representation of life science and medical device companies in licensing and contract disputes.
  • The representation of an overseas entity in the first prosecution of an internet gaming company in the United States.
  • The representation of a former CEO of a charitable organization charged with wire fraud and money laundering in the District of Minnesota.
  • The representation of an individual charged with violating the Foreign Corrupt Practices Act by allegedly siphoning $87 million in proceeds from sales of oil rights in the Republic of Kazakhstan.

In April 2015, Mr. Bach testified before the Senate Judiciary Committee to address aspects of the asset forfeiture laws and their effect on the criminal justice system.  Mr. Bach had previously submitted an amicus brief on similar issues, which was discussed by the United States Supreme Court in Kaley v. United States, 134 S. Ct. 1090 (2014).  

In his pro bono practice, Mr. Bach obtained the acquittal of defendant David Lemus in a high profile murder trial that has been the subject of extensive media coverage and two television documentaries following numerous law enforcement investigations. The New York Times called the case "one of the more notorious and vexing trials of the last 20 years in New York." As part of his defense, Mr. Bach succeeded not only in clearing his own client, but in identifying and obtaining a witness-stand confession from the actual murderer.

Mr. Bach has served on the Board of Directors of the New York Council of Defense Lawyers and on the adjunct faculty of Columbia Law School, where he has taught seminars on federal criminal practice. Earlier in his career, Mr. Bach served as a federal public defender in the Southern District of New York, where the majority of his trials resulted in verdicts of acquittal or hung juries.

Mr. Bach received a JD from Yale Law School in 1990, where he was a senior editor of the Yale Law Journal. He received a BA, summa cum laude, from Yale University in 1984, and was a member of Phi Beta Kappa. He clerked for the Honorable Louis H. Pollak, U.S. District Court for the Eastern District of Pennsylvania.

Mr. Bach is admitted to practice in New York and the District of Columbia.

Education

  • Yale Law School
    JD, 1990
  • Yale University
    BA, 1984, summa cum laude, Phi Beta Kappa

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York

Bar Admissions

  • District of Columbia
  • New York

Memberships

  • American College of Trial Lawyers
  • New York Council of Defense Lawyers


Jonathan R. Tuttle is a partner in Debevoise & Plimpton LLP’s Washington, D.C. office and a member of the firm’s Litigation Department.  He regularly represents public companies, regulated financial institutions, boards of directors, audit and special committees of boards, and individual directors, officers and employees in enforcement investigations and proceedings brought by the Securities and Exchange Commission, the Department of Justice, FINRA, and the PCAOB as well as in securities class actions, shareholder derivative suits, internal corporate investigations, and a variety of other securities and finance related litigation and regulatory compliance matters.  He received his J.D. cum laude from Harvard Law School in 1992.  Mr. Tuttle is admitted to practice in Washington, D.C., Virginia and the United States District Courts for the District of Columbia and the Eastern District of Virginia.


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.


Lyle Roberts is a partner in the firm’s Litigation practice.  Lyle represents companies, officers and directors in securities cases and Securities and Exchange Commission (SEC) enforcement matters throughout the United States.  He also conducts corporate internal investigations and counsels clients with respect to securities regulatory issues.  Lyle represented Mark Cuban in obtaining a complete victory against the SEC in Cuban’s closely watched insider trading case.  Lyle also has obtained dismissals with prejudice on behalf of CenturyLink, ChannelAdvisor and Alcobra in recent securities class actions brought against those companies. He currently represents a number of prominent companies – including Northrop Grumman – in the defense of private securities litigation.

Recognized as a leading securities litigator by Chambers USA and The Legal 500, among others, Lyle is the publisher of the well-known blog, The 10b-5 Daily, which tracks key developments in securities litigation.  He also is co-chairman of the annual Practicing Law Institute securities litigation program.  Lyle frequently submits amicus briefs in prominent securities litigation cases on behalf of clients, including recent briefs in the U.S. Supreme Court on behalf of the Washington Legal Foundation in the Halliburton, ANZ Securities, and Leidos cases and SIMFA and the Chamber of Commerce of the United States of America in the Matrixx case.


Michael L. Kichline is a Co-Leader of Dechert’s global securities and corporate governance litigation practice. His twenty-five years of experience span a diverse range of complex, high-stakes matters, including securities class actions, derivative suits, M&A disputes, ERISA, consumer class actions, business torts, contract disputes, legal malpractice defense and appellate matters.

An elected Fellow of the Litigation Counsel of America, Mr. Kichline is consistently ranked as a leading securities litigator in The Best Lawyers in America, The Legal 500 US (2007-2015) and Chambers USA (2007-2015), which notes his “excellent work” and "intellectual prowess" as a "top flight litigator" who is "smart, thoughtful and good in the courtroom." He has “earned plaudits for his securities class action and derivative litigation practice” and is widely viewed as “rapidly making a name for himself.” Mr. Kichline has been approved by all of the major D&O carriers and is on the AIG panel list. He appears in federal and state courts throughout the country and handles matters in specialized business courts, such as the Delaware Chancery Court, Philadelphia Court of Common Pleas Commerce Program and the Allegheny County Court of Common Pleas Commercial Division.

Significant Representations

Securities Class Actions. The defense of class actions alleging securities violations for clients in a wide range of industries, including GlaxoSmithKline (pharma); Constar International (packaging); PMA Corporation (insurance/reinsurance); Select Medical (specialty hospitals); OSI Pharmaceuticals (bio-pharma); Advanta Corporation (credit cards); The Bancorp (banking); and Ocean Power Technologies (renewable energy).

Derivative Actions. The defense of actions alleging breaches of fiduciary duty and alleged corporate governance violations, including the defense of the board of directors of Education Management Corp., a publicly-traded for-profit education company, on allegations of failure of corporate oversight; winning the dismissal of an action against Cephalon Corporation and its board of directors alleging Caremark violations based on allegations of off-label sales and marketing of pharmaceutical products; and the defense of the board of MWI Veterinary in a derivative action alleging violations of a stock compensation plan.

Corporate Governance. The defense of matters challenging the governance of corporations and other business entities, including the representation of the majority owners of the Philadelphia Inquirer in a battle over control of the business (involving two injunction trials) and the defense of Erie Insurance Company on multi-hundred million dollar claims by the Erie Insurance Exchange in state, federal and administrative proceedings.

M&A Litigation. The litigation of disputes arising in all phases of M&A transactions, including disputed auctions, proxy contests and claims by disappointed suitors and disgruntled shareholders seeking to enjoin transactions. Representations include the defense of proxy claims and breach of fiduciary duty claims in Nationwide’s $800 million acquisition of Harleysville Insurance (injunction trial); First Niagara Corporation’s $300 million acquisition of Harleysville Financial Corporation; the defense of the special committee in Insignia Financial Service’s $420 million sale to CB Richard Ellis; the defense of Select Medical in its $2.3 billion “going private” transaction; the defense of private equity purchasers in Vertrue’s $800 million “going private” transaction; and the defense of Elsag Bailey in multi-district/multi-state tortious interference litigation arising out of its takeover of Fischer & Porter Company. Mr. Kichline has also litigated numerous post-closing disputes, including the successful trial of claims for Teleflex arising out of the acquisition of a business from Danaher Corp. and the prosecution of fraud and RICO claims for the Riverside Company arising out of an acquisition.

Catastrophic Business Failure. The defense of actions brought by parties in control of bankrupt or defunct entities, including the defense of JPMorgan and Bear Stearns in an action by the Chapter 7 Trustee of American Business Financial Services, a failed sub-prime lender, alleging fraud and seeking more than $1 billion in alleged damages; the defense of the officers and directors of Genaera, a defunct pharmaceutical company, on claims alleging breach of fiduciary duty and seeking $1 billion in alleged damages; and the defense of directors and officers of Advanta Bank on massive claims brought by the FDIC.

Lender Liability. The defense of financial institutions in lender liability matters, including the defense of RBS/Citizens in an action brought by a real estate developer alleging breach of alleged financing commitments and fraud and alleging hundreds of millions of dollars in damages.

Legal Malpractice. The defense of lawyers and law firms, including the defense of Hon. Louis Freeh on defamation claims asserted by the former President of Penn State University; the defense of a major law firm on claims alleging failure to properly document a loan and security agreement; the defense of a law firm on malicious prosecution claims arising from the Luzerne County juvenile justice scandal; the defense of a major law firm on alleged conflict claims by a prominent labor leader; and the defense of a law firm on claims by Jackson National Life Insurance seeking hundreds of millions of dollars in damages for malpractice and aiding and abetting fraud, breaches of fiduciary duty and usurpation of a corporate opportunity.

Consumer Class Actions. The defense of consumer class actions alleging common law claims and/or violations of consumer statutes, including the defense of Signal Holdings, the largest provider of cell phone insurance, in a nationwide consumer fraud class action; Conectiv Energy in class action litigation arising out of its exit from the Pennsylvania energy market; Rent-A-Center in class actions alleging RICO violations; and Information Leasing Corporation, a national ATM leasing business, in a nationwide class action alleging fraud and consumer protection violations.

Complex Commercial Litigation. The representation of plaintiffs and defendants in complex commercial disputes, including the representation of Crown Holdings on contract claims against Level 3 Communications; Navistar on claims by and against Caterpillar; Air Products and Chemicals on claims by and against Lyondell Chemical; MetLife in contract and tortious interference litigation brought by a start-up business; and Elsag Bailey in massive contract litigation with the City of Detroit.

Appellate Advocacy. The briefing and argument of numerous appeals in the Pennsylvania state and federal appellate courts, including, most recently, oral argument in Freeh v. Spanier (stay of criminal proceedings) in the Pennsylvania Superior Court and oral argument in Skolas v. Schmidt (statute of limitations on fiduciary duty claims) in the Third Circuit Court of Appeals. Mr. Kichline is often retained by leading industry groups to represent their interests in major appeals before the Pennsylvania Supreme Court, including the representation of the Marcellus Shale Coalition in Butler v. Powers (interpretation of mineral rights in natural gas leases), the Pennsylvania Business Council and Pennsylvania Chamber of Business and Industry in Grimes v. Enterprise Car Rental (requirement of reliance under the PA Unfair Trade Practices and Consumer Protection Law), and a consortium of more than a dozen prominent Pennsylvania law firms in Kirschner v. K&L Gates, LLP (scope of representation of counsel to a special committee of a board of directors).

Speaking and Writing

Mr. Kichline is a frequent speaker and presenter on legal topics and served on the faculty for PLI’s “Securities Litigation 2015:  From Investigation to Trial.”  He has also presented on corporate governance topics to the National Association of Corporate Directors and presented “The Perfect Storm:  The Convergence of Criminal and Civil Litigation” to the Greater Philadelphia Chapter of the Association of Corporate Counsel.  He also serves on the Advisory Board for Ohlbaum on the Pennsylvania Rules of Evidence.

Civil Justice Reform Efforts

Mr. Kichline is active in efforts to curtail predatory and abusive litigation. He often represents the Washington Legal Foundation in advocacy before appellate courts. Mr. Kichline has authored or co-authored amicus briefs in support of the defense in several securities-related cases before the United States Supreme Court: Dura Pharmaceuticals (loss causation); Tellabs (scienter); and Merck (statute of limitations). He also co-authored briefs in United States v. Nacchio (materiality) in the U.S. Court of Appeals for the Tenth Circuit, and United States v. Pacific Gas & Electric (environmental crime) in U.S. Court of Appeals for the Ninth Circuit.

Pro Bono Trial Work

Mr. Kichline is often appointed by the U.S. District Court for the Eastern District of Pennsylvania to try cases on a pro bono basis, including Capers v. Kraynak (trial verdict for a prisoner alleging constitutional violations) and Hatchett v. Ayers (trial verdict for prisoner alleging constitutional violations).  He has also been appointed to serve as a Special Prosecutor by the District Attorney of Chester County and in that role has tried several criminal cases to jury verdict.

Education

Temple University, B.A., 1988, magna cum laude
Temple University Beasley School of Law, J.D., 1991, magna cum laude, member of the Moot Court Honor Society

Court Admissions

Supreme Court of Pennsylvania
Supreme Court of New Jersey
Supreme Court of the United States
United States Court of Appeals for the Third Circuit
United States District Court for the Eastern District of Pennsylvania

Memberships

National Association of Corporate Directors
ABA Section of Litigation
Business Litigation Committee of the Philadelphia Bar Association (former Chair)
Philadelphia Bar Foundation
Supreme Court Historical Society
Eastern District of Pennsylvania Historical Society
Pennsylvanians for Modern Courts
Pennsylvania Business Council


Paul Gluckow is a Partner in Simpson Thacher’s Litigation Department. His practice focuses on securities litigation—including class and derivative actions, disputes in connection with mergers and acquisitions, and government and internal investigations—as well as antitrust litigation, defense of law firms in legal malpractice and related matters, and other complex commercial litigation matters.  He is recognized by The Legal 500 in Securities: Shareholder Litigation, Financial Services Litigation, Commercial Litigation, and M&A Litigation, where clients have described him as “very responsive and client-friendly.” He is also recognized by Euromoney’s Benchmark Litigation.

Paul regularly represents financial institutions, corporations, and individuals in high-profile securities and shareholder litigations, and other related matters, including government and internal investigations. He also has substantial experience in litigation arising out of corporate acquisitions and other transactions. Paul is active in antitrust and competition matters, litigating on behalf of both plaintiffs and defendants, including cases alleging monopolization, price-fixing, and other restraints of trade.

Paul is an editor of the Firm’s Securities Law Alert, a monthly newsletter that reports on developments in securities litigation and related areas.

Paul is very active in pro bono. Among other things, since 2007 he has supervised the Firm’s work with co-counsel The Legal Aid Society in the Immigration Removal Defense Project, through which the Firm and Legal Aid have represented numerous clients in removal/deportation cases in Immigration Court.

Paul joined Simpson Thacher in 1996. He received his J.D. summa cum laude from Seton Hall University School of Law in 1994, where he was also Editor-in-Chief of the Seton Hall Law Review. He received his M. Phil. with highest distinction in 1992 from the University of Glasgow and his B.A., magna cum laude, from the University of Notre Dame in 1988. In 1994–95, Paul served as a law clerk to the Hon. William G. Bassler of the U.S. District Court for the District of New Jersey, and in 1995–1996 he clerked for the Hon. Samuel A. Alito, Jr., of the U.S. Court of Appeals for the Third Circuit.


Sandra M. Hanna represents public companies, boards of directors, senior officers, broker-dealers, investment advisers and other companies and individuals in civil, criminal and regulatory matters, including investigations by the Securities and Exchange Commission, Department of Justice, FINRA, SIGTARP and various other state and federal agencies.  Her recent representative matters include cases concerning public company financial reporting and disclosure, the Foreign Corrupt Practices Act, and insider trading.  Ms. Hanna has significant experience counseling broker-dealers and hedge funds in connection with regulatory and compliance issues, and has successfully guided clients through extensive examinations by the SEC and FINRA.  Ms. Hanna also maintains an active civil litigation practice in securities class action and related commercial matters.

Ms. Hanna is recognized as a nationwide leader in securities enforcement matters in the 2014 and 2015 editions of Chambers USA: America’s Leading Lawyers for Business and was recognized as a leading attorney in the area of Securities Regulation in the 2016 edition of The Best Lawyers in America®.  She has authored articles on securities enforcement matters and is a regular speaker at industry conferences.  Ms. Hanna serves as the Co-Chair of the DC Bar Committee on Broker-Dealer Regulation and SEC Enforcement.

Prior to co-founding the firm, Ms. Hanna worked at Willkie Farr & Gallagher LLP, Foley & Lardner LLP and Morrison Foerster. During law school, Ms. Hanna participated in the Summer Honors Program at the Securities and Exchange Commission, in the Division of Enforcement.  Prior to attending law school and business school, she ran an entertainment company, where she managed the professional and business careers of a number of Grammy Award-winning artists.

Ms. Hanna graduated from the United Nations International School in New York City, and from Tufts University (B.A. Sociology, 1993).  She received a law degree and her MBA from Georgetown University in 2001.She is active in the Georgetown MBA Alumni Advisory Counsel, several charitable organizations and also devotes time to pro bono activities.


Tracey Cushing Gilliam is a Senior Vice President and Chief Counsel – Litigation for MetLife.  She joined the company on August 24, 2015.

In her position, Gilliam leads the Litigation Section of MetLife’s Legal Affairs Department, with responsibility for the management and oversight of litigation matters and processes the strategic management of litigation outcomes and risks, leadership, and public disclosure of MetLife’s key material litigation matters. She also serves as legal advisor to members of senior management and other business leaders across the Company.

Prior to joining MetLife, Gilliam served as Managing Director and Associate General Counsel at JPMorgan Chase & Co., with responsibility for leading the Collections Litigation Legal Group.  She also provided firm-wide legal support for JPMorgan Chase & Co.’s sworn documents program, as well as the Consumer & Community Banking business’s controls, compliance, risk management, and audit teams.

Gilliam joined JPMorgan Chase & Co. in 2000 and, from 2010 to 2012, was Special Counsel to the General Counsel. She was also previously a member of JPMorgan Chase & Co.’s Litigation Department, where she represented Investment Bank, Private Equity, and Retail Financial Services clients. Prior to joining JPMorgan Chase & Co., Gilliam was associated with Shearman & Sterling in New York.

Gilliam received a J.D. from Temple University School of Law in Philadelphia and received a B.A. in Religion from Dartmouth College in Hanover, New Hampshire.  She has been admitted to practice before the New York and Massachusetts State Bars, the District of Columbia Bar, the Federal District Court of Massachusetts, the Southern and Eastern Districts of New York, and the Court of Appeals for the Sixth Circuit.

She is a mediator in the New York Supreme Court, Commercial Division and volunteers as an arbitrator in the Small Claims Part of the Civil Court of the City of New York.  She is also a member of the New York Women’s Bar Association, and the National Association of Women Lawyers, served on the Leadership 35 Committee of the National Women’s Law Center, and is involved with the nonprofit organization Play Rugby USA.

Tracey and her husband Greg live in Westchester with their three children, Piper, Bailey and Sam.  Tracey is an avid hiker and skier, and enjoys Soul Cycle, running, and playing rugby once a year with her former teammates from the New York Rugby Club.


Amelia T.R. Starr is a partner in Davis Polk’s Litigation Department. Her practice focuses on a wide variety of commercial litigation, securities litigation, regulatory enforcement proceedings and insolvency matters.

Ms. Starr has represented a diverse array of financial institutions, including banks, private equity firms and hedge funds. She has a detailed knowledge of the funds industry, representing the largest fund managers on issues revolving around breach of contract, breaches of fiduciary duty, valuation disputes, trade allocation practices, securities and fraud claims, insider trading and other misconduct. Ms. Starr also frequently represents boards of directors, officers, and special committees in connection with their most crucial and complex litigations and investigations.

She has a deep experience in litigating her matters on the trial and appellate levels in both state and federal court. In the past two years, she has led several successful trial teams in the insolvency space and prevailed in an important securities law appeal in the Florida state court.

Ms. Starr received her J.D. from New York University School of Law and her B.A., summa cum laude, from Yale University.


Geoff Ritts is a partner of Jones Day, resident in the Firm’s Cleveland office.  Geoff’s practice focuses on the defense of corporations, officers, and directors in securities, shareholder, and derivative litigation, in federal and state courts across the United States.  He also defends corporations in M&A disputes, ERISA litigation, and banking and accounting-related litigation and assists companies with internal investigations.  Chambers USA has described Geoff as "an excellent strategic thinker," and The Legal 500 US has called him a "strong all-round litigator."  Best Lawyers in America named Geoff its 2018 Lawyer of the Year for Securities Litigation in Cleveland.

Among recent engagements, Geoff represented a major bank holding company in numerous securities, derivative, and ERISA lawsuits arising out of the subprime mortgage crisis.  He represented an investment management firm in an MDL and related proceedings arising out of the Bernard Madoff scandal.  He represented a manufacturing company in securities litigation arising out of a terminated merger.  On numerous occasions, Geoff has assisted clients in winning dismissal of securities litigation complaints under the Private Securities Litigation Reform Act (PSLRA), or in winning dismissal of derivative complaints for failure of the plaintiff to make a pre-suit demand.  Representative clients in matters of public record include KeyCorp, Macy's, PNC Financial Services, U.S. Steel, Cardinal Health, Cooper Tire & Rubber, U.S. Bank, Steris, and Diebold.

Geoff is an adjunct professor at the Case Western Reserve University School of Law, where he teaches complex litigation.  Geoff coauthored a treatise on complex litigation in state courts (Statewide Coordinated Proceedings: State Court Analogues to the Federal MDL Process, West Group) and has written numerous articles on securities law, class actions, and legal ethics, in publications such as Litigation magazine, National Law Journal, Journal of Corporation Law, and Defense Law Journal.  Geoff has been invited to testify before the Ohio Legislature on class actions, and authored revisions to Ohio Rule of Civil Procedure 23 that were adopted by the Ohio Supreme Court in 2015.  He is a trustee of Notre Dame College and the Lake Erie Council of the Boy Scouts of America.


Ms. Sinderson is involved in a variety of the firm’s practice areas, including securities fraud, corporate governance, and advisory services.  She is currently leading the teams prosecuting securities class actions against FleetCor Technologies and Frontier Communications, as well as litigation arising from the failures of Wilmington Trust Corporation and SunEdison, Inc. 

Ms. Sinderson played a key role in two of the firm’s largest cases in its history, both of which settled near trial for billions of dollars on behalf of investors.  In In re Merck Securities Litigation, she was a member of the small trial team that achieved a $1.062 billion settlement.  This settlement is the second largest recovery ever obtained in the Third Circuit, one of the top 10 recoveries of all time, and the largest recovery ever achieved against a pharmaceutical company. She was also a member of the trial team prosecuting In re Bank of America Securities Litigation, which resulted in a recovery of $2.425 billion, the single largest securities class action recovery ever resolving violations of Sections 14(a) and 10(b) of the Securities Exchange Act and one of the largest shareholder recoveries in history. 

Ms. Sinderson has also been part of the trial teams in numerous other securities litigations that have successfully recovered hundreds of millions of dollars on behalf of injured investors.  Most recently, she served as a senior member of the teams that recovered $210 million in In re Salix Pharmaceuticals, Ltd. Securities Litigation, and $74 million in the take-private merger litigation San Antonio Fire and Police Pension Fund et al v. Dole Food Co. et al.  She was also a member of the trial team that prosecuted the action against Washington Mutual, Inc. and certain of its former officers and directors for alleged fraudulent conduct in the thrift’s home lending operations.  The action resulted in a recovery of $208.5 million, the largest recovery ever achieved in a securities class action in the Western District of Washington.  Some of her other prominent prosecutions include the In re Bristol-Myers Squibb Co. Securities Litigation, which resulted in a recovery of $125 million; and In re Biovail Corporation Securities Litigation, which resulted in a recovery of $138 million for defrauded investors and represents the second largest recovery in any securities case involving a Canadian issuer.

In 2016, Ms. Sinderson was recognized as a national “Rising Star” by Law360 for her work in securities litigation and was named to Benchmark Litigation’s “Under 40 Hot List,” which recognizes her as one the nation’s most accomplished legal partners under the age of 40. She is also regularly selected as a New York “Rising Star” by Super Lawyers.


With more than 25 years of experience, Jonathan Gardner leads one of the litigation teams at the Firm and prosecutes complex securities fraud cases on behalf of institutional investors. He has played an integral role in securing some of the largest class action recoveries against corporate offenders since the global financial crisis. Jonathan also serves as Chair of Litigation for the Firm.

Benchmark Litigation "Star" acknowledged by his peers as "engaged and strategic," Jonathan was also named an MVP by Law360 for securing hard-earned successes in high-stakes litigation and complex global matters. Recently, he led the Firm's team in the investigation and prosecution of In re Barrick Gold Securities Litigation, which resulted in a $140 million recovery. Jonathan also has served as the lead attorney in several cases resulting in significant recoveries for injured class members, including: In re Hewlett-Packard Company Securities Litigation, resulting in a $57 million recovery; Medoff v. CVS Caremark Corporation, resulting in a $48 million recovery; In re Nu Skin Enterprises, Inc., Securities Litigation, resulting in a $47 million recovery; In re Carter's Inc. Securities Litigation, resulting in a $23.3 million recovery against Carter's and certain of its officers as well as PricewaterhouseCoopers, its auditing firm; In re Aeropostale Inc. Securities Litigation, resulting in a $15 million recovery; In re Lender Processing Services Inc., involving claims of fraudulent mortgage processing which resulted in a $13.1 million recovery; and In re K-12, Inc. Securities Litigation, resulting in a $6.75 million recovery.

Recommended and described by The Legal 500 as having the "ability to master the nuances of securities class actions," Jonathan has led the Firm's representation of investors in many recent high-profile cases including Rubin v. MF Global Ltd., which involved allegations of material misstatements and omissions in a Registration Statement and Prospectus issued in connection with MF Global's IPO, and the case resulted in a recovery of $90 million for investors. Jonathan also represented the lead plaintiff in In re Lehman Brothers Equity/Debt Securities Litigation, which resulted in settlements exceeding $600 million against Lehman Brothers' former officers and directors, Lehman's former public accounting firm as well the banks that underwrote Lehman Brothers' offerings. In representing the lead plaintiff in an action against Deutsche Bank, Jonathan secured a $32.5 million recovery for a class of investors injured by the bank's conduct in connection with certain residential mortgage-backed securities.

Jonathan has also been responsible for prosecuting several of the Firm's options backdating cases, including In re Monster Worldwide, Inc. Securities Litigation ($47.5 million settlement); In re SafeNet, Inc. Securities Litigation ($25 million settlement); In re Semtech Securities Litigation ($20 million settlement); and In re MRV Communications, Inc. Securities Litigation ($10 million settlement). He also was instrumental in In re Mercury Interactive Corp. Securities Litigation, which settled for $117.5 million, one of the largest settlements or judgments in a securities fraud litigation based on options backdating. Jonathan also represented the Successor Liquidating Trustee of Lipper Convertibles, a convertible bond hedge fund, in actions against the fund's former independent auditor and a member of the fund's general partner as well as numerous former limited partners who received excess distributions. He successfully recovered over $5.2 million for the Successor Liquidating Trustee from the limited partners and $29.9 million from the former auditor.

He is a member of the Federal Bar Council, New York State Bar Association, and the Association of the Bar of the City of New York. He graduated from American University and earned his J.D. from St. John’s University Law School.

 


With over twenty years of experience, Felipe J. Arroyo has successfully litigated high-profile shareholder derivative cases and securities fraud class actions against top executives of publicly-traded companies who participated in misconduct that includes stock option backdating, the global subprime meltdown, insider trading, misappropriation, and making materially false or misleading statements. The litigation teams led by Mr. Arroyo have recovered hundreds of millions of dollars for companies and shareholders—including some of the largest monetary recoveries in the history of shareholder litigation.

Prior to joining Robbins Arroyo LLP in 2006, Mr. Arroyo practiced complex commercial litigation for over a decade with a top tier international law firm headquartered in Los Angeles, where he represented a diverse client base of Fortune 500 companies in varied industries. He also served as general counsel to a fitness company where he prosecuted a global patent infringement litigation campaign, and practiced complex commercial litigation and securities fraud at the Washington DC offices of a global New York-based firm.

Mr. Arroyo frequently speaks on shareholder litigation and corporate governance topics to investor and legal communities. He is the Co-Chair of the Class Actions & Derivative Suits Subcommittee of the American Bar Association Section of Litigation, Securities Litigation Committee, and a former member of the Board of Governors of the Business Trial Lawyers of San Diego. While in Los Angeles, he directed a Trial Advocacy Prosecution Program, supervising, training, and advising attorneys on trial strategy and practice while they litigated misdemeanor jury trials pro bono for a municipal client. Mr. Arroyo earned his Juris Doctor from Yale Law School in 1992, where he served as a senior editor of Yale Law Journal and a director of Yale Moot Court of Appeals. He earned his Bachelor’s in Economics from the University of California, Los Angeles, where he was a member of the A.S.U.C.L.A Finance Committee.


C. Evan Stewart's practice focuses principally on the financial services industry, where he handles litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums, as well as before the Judicial Panel on Multidistrict Litigation and the U.S. Supreme Court. He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.

Mr. Stewart was featured by the New York Law Journal in the "Top Trials of 2005" for his successful representation of Theodore Sihpol, the first person in U.S. history to be criminally charged for "late trading" mutual funds. More recently, Mr. Stewart successfully represented Gary Prince against the U.S. Securities and Exchange Commission. In May of 2013, after a three week bench trial in federal court, the judge dismissed all six charges of securities fraud against Mr. Prince.

Mr. Stewart previously served twelve years as Executive Vice President and General Counsel for The Nikko Securities Co. International Inc., and as a director of Nikko Financial Services Inc. Additionally, Mr. Stewart served as First Vice President, Associate General Counsel, and Head of Litigation at E.F. Hutton & Company Inc.  Since 2003, Mr. Stewart has been tasked by Goldman, Sachs & Co. to, among other things, oversee and litigate all of the disputes arising out of the company's Private Wealth Management Division.

Recognized as a Super Lawyer for Securities Litigation since 2009, Mr. Stewart has also been hailed as a "Local Litigation Star" by Benchmark Litigation since 2010. In 2016, Mr. Stewart received the Sanford D. Levy Award from the New York State Bar Association's Ethics Committee for having "significantly contributed to an understanding of professional ethics by the publication of an article, commentary or a series of articles or commentaries on the subject." In 2008, he received the Modaq Content Award for writing the most popular article in the United States. Since 1980, Mr. Stewart has been AV(R) Peer Review Rated by Martindale-Hubbell.

Mr. Stewart is a visiting professor at Cornell University and an adjunct law professor at Fordham Law School. He has been a regularly contributing columnist for the New York Law Journal since 1990, the New York Business Journal since 2006, and has published approximately 300 articles on diverse legal subjects.  He is also frequently featured in the national media and regularly speaks across the country on securities professional responsibility and complex litigation issues.


Amanda T. Perez received her J.D. from Yale Law School in 1998. After graduating from law school, Ms. Perez clerked for the Honorable Joseph Irenas in the United States District Court for the District of New Jersey.  Ms. Perez spent nine years practicing law at the New York office of Simpson Thacher & Bartlett LLP, and subsequently joined Schering-Plough Corporation (now Merck &  Co., Inc.) as a Senior Legal Director Ms. Perez is currently a Senior Corporate Counsel for Pfizer Inc. in New York City and is part of the civil litigation group. Ms. Perez is responsible for a diverse portfolio of litigations for Pfizer, including securities litigation, mass tort, product liability, consumer fraud and general commercial matters.