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Class Action Litigation 2017


Speaker(s): David G. Keyko, Eric S. Hochstadt, Georgene M. Vairo, Gregory A. Markel, Karen Hanson Riebel, Keith M. Fleischman, Kellie Lerner, Lee K Van Voorhis, Richard W. Simmons, Sharon Robertson, William A. Shaw
Recorded on: Jun. 21, 2017
PLI Program #: 185999

David Keyko is a partner in the law firm's Litigation practice and is located in the New York office. His practice has focused on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities or other types of fraud, antitrust violations, ethics issues and trusts and estates issues across the country, often involving insurance coverage issues. He has conducted internal investigations and represented clients responding to government probes. He has also served as an expert witness in connection with legal malpractice litigation. Among the prominent cases Mr. Keyko has handled was the representation of a defendant in a $1.4 billion antitrust lawsuit.

Mr. Keyko was named the "New York City Best Lawyers Ethics and Professional Responsibility Law Lawyer of the Year" for 2012, 2017 and 2019. He has lectured and written widely on securities, antitrust, legal ethics and general litigation topics, and chairs PLI's programs on federal pretrial practice and ethics for corporate lawyers. He is a former columnist for the New York Law Journal and has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal.

Mr. Keyko has undertaken a variety of pro bono projects, including representing for over 20 years a death row inmate in Alabama asserting that the inmate is innocent of the crime for which he was convicted, serving as Chair of the Board of  Mobilization for Justice Legal Services, Inc., and serving two terms as a member of the Departmental Disciplinary Committee of the First Department. He was Chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York. He chaired the ad hoc committee of the Association that commented on proposed SEC regulations under Section 307 of the Sarbanes-Oxley Act of 2002. He is currently the chair of the Association's Legal Referral Service Committee and is a member of the ABA Legal Referral and Information Service Committee.

Mr. Keyko is a member of Pillsbury's Sarbanes-Oxley Committee, Opinions Committee and Professional Responsibility Committee. He is an adjunct professor at the Fordham University School of Law where he teaches legal ethics.


Eric S. Hochstadt is a partner in Weil’s Litigation Department. Mr. Hochstadt’s practice focuses on civil antitrust, class action, and other complex and sports-related litigation, as well as criminal cartel investigations and antitrust counseling. He has represented clients in a broad range of industries, including broadcasting, e-commerce, electronics, financial services, pharmaceuticals, private equity, publishing, and transportation.

Recently Mr. Hochstadt was recognized by Chambers USA 2016 as a “Leading” Lawyer for Antitrust in New York, by Legal500 as a “recommended” lawyer for Antitrust nationwide, by Benchmark Litigation as a Rising Star in its “under 40 Hot List” 2016, and by Law360 as a 2015 Competition “Rising Star.”

Mr. Hochstadt has extensive experience with consumer and antitrust class action litigation, as well as antitrust lawsuits between rivals or suppliers and distributors, in state and federal courts around the country. He has litigated numerous dispositive and strategic motions, appeals, and has facilitated a number of favorable settlements, on behalf of the litigation teams.

Mr. Hochstadt is a Lecturer in Law at Columbia Law School teaching an advanced seminar on “U.S. Civil and Criminal Enforcement of International Cartels.” He also is a leader on the Economics Subcommittee of the ABA Section of Litigation’s Expert Witness Committee.

Mr. Hochstadt began his career with the firm in 2003, following the receipt of his J.D. degree, magna cum laude and Order of the Coif, from the Benjamin N. Cardozo School of Law, where he was a Notes Editor on the Cardozo Law Review. Mr. Hochstadt received his B.A. degree in Political Science, High Distinction, from the University of Michigan in 2000. From 2006-07, Mr. Hochstadt served as a judicial clerk for the Honorable Loretta A. Preska, now Chief Judge of the US District Court for the Southern District of New York.


Georgene Vairo teaches and writes in the areas of mass tort litigation, class actions, international dispute resolution, federal practice and jurisdiction.   She has written Rule 11 Sanctions and the chapters on removal jurisdiction, venue, and multidistrict litigation in Moore’s Federal Practice.  In addition to dozens of articles about federal practice and procedure, including most recently Is the Class Action Really Dead? Is that Good or Bad for Class Members?, 64 Emory L.J. 477 (2014);  Lessons Learned by the Reporter: Is Disaggregation the Answer to the Asbestos Mess?, 88 Tulane L. Rev. 1039 (2014) ; and What Goes Around, Comes Around; From the Rector of Barkway to Knowles, 32 Univ. Texas Rev. of Litig. 721 (2013), she has published The Complete CAFA:  Analysis and Developments Under the Class Action Fairness Act of 2005 (LEXIS 2011), and The Federal Courts Jurisdiction and Venue Clarification Act of 2011: Analysis and Case Law Developments (LEXIS 2013).

Professor Vairo served on the Board of Trustees of the Dalkon Shield Claimants Trust, and as its Chairperson. As Chair, she worked to develop systems for distributing over $3 Billion dollars to over 200,000 claimants.  She serves on the editorial board of Moore's Federal Practice, and is the author of two volumes of the Treatise.  She also is a member of the Rand Corporation’s Institute for Civil Justice Board of Overseers, and is a member of the American Law Institute.  In 2013, she was appointed Reporter to the ABA TIPS Task Force on Asbestos Litigation.  She has participated in numerous academic conferences, has lectured widely to the bench and bar at numerous programs of various national and local associations and institutes, and has served as an expert in complex civil litigation cases.

Professor Vairo received her B.A. from Sweet Briar College in Economics, and an M.Ed., with Distinction, in Social Studies from the University of Virginia.  She graduated first in her class from Fordham University School of Law.  She then served as a law clerk to the Honorable Joseph M. McLaughlin, U.S. Court of Appeals for the Second Circuit (then U.S. District Court for the Eastern District of New York); practiced antitrust law with Skadden Arps Slate Meagher & Flom; and taught at Fordham University School of Law, where she also served for 8 years as Associate Dean.  She joined the Loyola Law School faculty in 1995.

Professor Vairo serves as the Vice Chair of and on the Executive Committee of the Board of Directors of Sweet Briar College, and as Vice President and on the Executive Committee of the Museum of Contemporary Art Santa Barbara; she has won national and California bicycle road race and criterion championships; loves sailing, trail running, her golden retrievers, and growing vegetables when it rains in California.


Gregory A. Markel is co-chair of the Securities Litigation Department of Seyfarth Shaw LLP and is Chairman of the Center for Corporate Governance at The New York County Lawyers Association. He recently won (for the third time) a Burton Award for distinguished legal writing. He is a nationally known trial lawyer, widely recognized by ratings publications, including Chambers, Legal 500, Super Lawyers and is a LawDragon Hall of Fame Member. Best Lawyers named him 2018 Lawyer of the Year for Merger Litigation. His practice concentrates on securities litigation, mergers and acquisition litigation, directors and officers defense, and antitrust litigation particularly in bet-the-company cases. Mr. Markel speaks and writes frequently on corporate governance, securities litigation, jury trial practice, and other legal topics. He is a member of the Boards of the New York County Lawyers Association, Junior Achievement of New York and the Historical Society of New York Courts.

A graduate of Yale Law School, he holds an MBA in finance and accounting from the University of Michigan and is a member of the litigation and antitrust sections of the American Bar Association.


Keith M. Fleischman, is a nationally recognized litigator and trial lawyer having successfully investigated, litigated and tried to verdict some of the largest and most complex civil and criminal cases in the country.  Keith is currently the principal at Fleischman Law Firm, PLLC, a litigation boutique he founded in Manhattan over six-years ago.  Keith’s practice presently focuses on representing public and private companies, financial institutions, and institutional and individual investors in connection with the prosecution and defense of complex financial and commercial litigation on a national scale.

Keith began his legal career with the Bronx District Attorney’s Office. In 1988, Keith joined the United States Department of Justice, Criminal Division, Fraud Section as a trial lawyer. During his tenure, he supervised international undercover operations involving counterfeiting, money laundering and passport fraud. As a member of the Dallas Bank Fraud Task Force, he successfully tried to verdict several of the largest criminal prosecutions brought by the government during the Savings and Loan Crisis, including serving as the chief federal prosecutor in a two year investigation that culminated in a four month trial.

In 1990, Keith accepted a position as an Assistant United States Attorney in the District of Connecticut, where he was in charge of financial fraud, originated the Connecticut Bank Fraud Working Group and was a member of the New England Bank Fraud Task Force Coordinating Committee. As an AUSA, he successfully investigated and prosecuted major financial, violent and white-collar violations.

After leaving the government, Keith spent eleven years at the national plaintiffs’ firm Milberg, Weiss, where he rose to Senior Managing Partner and established himself as one of the premier plaintiffs’ lawyers in the country. During this period, Keith litigated and negotiated to settlement numerous high profile individual and class actions. Prior to founding the Fleischman Law Firm in 2011, Keith served as a Director in the New York office of Grant & Eisenhofer, litigating high profile complex lawsuits including class actions.

Keith has been a trial practice instructor at the Trial Practice Institute of the U.S. Justice Department, and served for ten years as co-chairman of the Practicing Law Institute’s annual conference on class actions. He has lectured in the United States, Canada and Europe on the investigation, litigation and prevention of securities and financial fraud.


Kellie Lerner has over a decade of experience litigating high stakes antitrust disputes on behalf of both plaintiffs and defendants in federal courts throughout the country. She has worked on a number of groundbreaking antitrust cases, including serving as a member of the trial team in In re Abbott Labs Norvir Antitrust Litig. Ms. Lerner currently serves as Co-Lead Counsel in In re Merck Mumps Vaccine Antitrust Class Action and represents the Circuit City Liquidating Trust in In re Capacitors Antitrust Litigation. She also recently represented a publicly traded corporation in Insulate SB Inc. v. Abrasive Products & Equipment et al., where she successfully obtained a complete dismissal of a federal and multi-state antitrust class action filed against her client, which was affirmed by the United States Court of Appeals in the Eighth Circuit. She also counsels generic pharmaceutical, alternative energy and entertainment companies on competition issues.

Ms. Lerner was recently selected by The National Law Journal as an Antitrust and M&A Trailblazer (2016). In recent years, she was also selected by The New York Law Journal as one of 44 competition lawyers under 40 “who have made their mark on the New York legal community” and by Law360 in its “Rising Star” list of five competition lawyers under the age of 40 to watch.  The Legal 500 USA recommended her for the last two consecutive years, praising her “superior intellect, determination and political savvy in getting the job done.”  A frequent author and lecturer, Ms. Lerner is a recognized voice on all issues of antitrust law and her opinions have been quoted in The Washington Post, Bloomberg Businessweek, Yahoo News, and CBS MoneyWatch, among other publications.

Ms. Lerner is also Vice Chair of the American Bar Association Section of Antitrust Law’s Joint Conduct Committee and an Associate Editor of Antitrust magazine.  Ms. Lerner co-founded Roseann’s Gift, an organization named for her late mother and dedicated to raising research funding to cure lung cancer.  The organization is currently funding lung cancer research at Weill Medical College of Cornell University.  She is a member of the Tri-State Area Advisory Board of Jumpstart, which works to provide equal access to literacy education for preschool children in low-income communities.  She is also a member of the Board of Directors for the Jewish Community Project Downtown, an organization that was formed in the wake of the September 11th attacks to revitalize the Jewish community in lower Manhattan.  She currently provides pro bono assistance to KIND (Kids In Need of Defense) and has previously provided assistance to AARP and the Lawyers Committee for Civil Rights Under the Law.


Lee Van Voorhis is co-chair of the firm’s Antitrust and Competition Law Practice and a member of the Corporate and Private Equity Practices.  He has more than 20 years of experience representing clients before a host of US federal antitrust agencies as well as national competition agencies in the European Union, the United Kingdom and elsewhere.  In addition to his litigation and arbitration experience, Mr. Van Voorhis has a wealth of experience with merger clearance and in counseling clients on antitrust compliance and competition issues.

Mr. Van Voorhis has successfully defended clients’ transactions from government challenges as well as represented them in litigation and arbitration proceedings.  He has particular experience representing organizations in the technology, retail and consumer products, healthcare, and media sectors.

He also has extensive experience shepherding transactions through merger clearance and helping clients conduct business efficiently while mitigating the risk of violating antitrust and competition laws.  In particular, he has advised clients on structuring business relationships and counseling their employees on a wide range of antitrust and competition issues.

Prior to joining Jenner & Block in 2016, Mr. Van Voorhis was a partner in the Washington, DC office of an international law firm, where he served as the head of the North American Antitrust & Competition Law Practice.


Richard Simmons joined Analytics in 1990. Richard is responsible for the management of Analytics’ class action and mass tort consulting practice. From managing the largest class action notice campaign in United States history, to settlements involving more than 80 million class members, to administrating one of the largest product liability / mass tort settlements ever, to distributing $4 billion in settlement funds, Richard’s expertise in the management of massive transaction related engagements is unparalleled. Richard is one of the leading experts on the administration of class action settlements in the country, and has testified in both state and federal court processes and procedures adopted by Analytics.

Richard’s career began with managing electronic discovery supporting employment, securities, and antitrust class action litigation. He holds a Bachelors of Arts in Economics from St. Olaf College, and has extensive graduate level training in Economics. Richard has taught at the University of Minnesota Law School (Guest Lecturer – Economic Damage Analysis) and St. Olaf College (Antitrust Economics), and published a peer-reviewed article on damages in securities litigation. Richard was a charter member of the American Academy of Economic Experts, and is a former referee for the Journal of Legal Economics.


Karen Hanson Riebel is a partner in Lockridge Grindal Nauen P.L.L.P.  A 1991 dual-degree program graduate (J.D., B.A., cum laude) from the Boston University School of Law and the Boston University College of Liberal Arts, Ms. Riebel joined the firm in 1992.  

During her tenure at the firm, Ms. Riebel has been active in class action, consumer fraud, data breach, data privacy, securities, antitrust, and other complex litigation.  Ms. Riebel is currently working on the forefront of data breach litigation in the United States, most recently as a member of the five-person leadership committee appointed by the Honorable Lucy H. Koh in the In re Yahoo! Inc. Customer Data Security Breach Litigation, No. 16-02752 (N.D. Cal.).  In addition, Ms. Riebel served or is serving as: Co-Lead Counsel for financial institution plaintiffs in Greater Chautauqua Federal Credit Union, et al. v. Kmart Corporation, et al., No. 15-02228 (N.D. Ill.); and MidWest America Federal Credit Union et al. v. Arby’s Restaurant Group, Inc., No. 17-00514-AT (N.D. Ga.); Liaison Counsel for the financial institution plaintiffs and as a member of Plaintiffs’ Leadership Committee in In re Target Corp. Customer Data Security Breach Litig., No. 14-md-02522-PAM (D. Minn.), and on the Executive Committees for financial institution plaintiffs in In re Home Depot, Inc., Customer Data Security Breach Litig., No. 14-02583-TWT (N.D. Ga.) and First Choice Federal Credit Union et al. v. The Wendy’s Company et al., No. 16-00506 (W.D. Pa.).  In addition, Ms. Riebel was appointed as co-lead counsel for plaintiffs in In re Community Health Systems, Inc., Customer Security Data Breach Litig., No. 15-00222, MDL 2595 (N.D. Ala.).  

Ms. Riebel is admitted to practice before the United States Court of Appeals for the Eighth Circuit, the United States Court of Appeals for the Third Circuit, and the federal and state courts of Minnesota.  She was a member of the United States District Court for the District of Minnesota’s ECM/ECFE Advisory Committee, has served as an officer of the National Association of Shareholder and Consumer Attorneys (NASCAT) since 2007, is a member of the Board of Advisors for the Page Education Foundation, and is a member of the Board of Directors of Project for Pride in Living.


Sharon Robertson is a Partner at the Firm and a member of the Antitrust practice group, having joined the firm in 2006. She Co-chairs the firm’s Professional Development and Mentoring Committee and serves on the firm’s Diversity Committee. Ms. Robertson is also an active member of the Executive Committee for the Antitrust Section of the New York State Bar Association.

Ms. Robertson has extensive experience in complex, multi-district antitrust litigation at the pre-trial, trial and appellate levels and has been consistently recognized by SuperLawyers as a leading and distinguished practitioner. Within a span of two years, Ms. Robertson served as a trial team member in two of the largest antitrust cases to be tried to verdict. In 2013, she was a member of the trial team in the Urethanes matter, where she played a significant role in researching and briefing key issues and preparing witnesses, among other things. The jury returned a $400 million verdict, which was trebled by the Court, as required by antitrust law, to $1.06 billion. The judgment, the largest price-fixing verdict in U.S. history and the largest jury verdict of 2013, was cited by The Legal 500 in ranking Cohen Milstein a leading class action plaintiff firm in 2015. The following year, Ms. Robertson was a member of the trial team in the Nexium matter, the first pharmaceutical antitrust case to go to trial following the Supreme Court’s landmark decision in FTC v. Actavis, 570 U.S. 756 (2013), where she had significant research and witness preparation responsibilities.  In 2017, Ms. Robertson was recognized by The Legal 500 as a “Next Generation Lawyer,” an honor bestowed on only 10 young lawyers across the country positioned to become leaders in their respective fields.

Currently, Ms. Robertson leads a series of pay-for-delay pharmaceutical antitrust cases, alleging that the defendant brand manufacturer entered into non-competition agreements with generic manufacturers in order to delay entry of lower-priced generic products. As a hands-on litigator, Ms. Robertson has played an integral role in these cases including, developing claims, determining case strategy, coordinating discovery, briefing key issues and arguing motions.

Ms. Robertson attended the State University of New York at Binghamton, where she graduated magna cum laude with a B.A. in Philosophy, Politics and Law.  She earned her J.D. from the Benjamin N. Cardozo School of Law, where she served as Notes Editor of the Cardozo Public Law, Policy and Ethics Journal.

Ms. Robertson has authored “Comparing the U.S. Class Action Mechanism and the Proposed U.K. System: Which Strikes the Right Balance Between Safeguards and Justice,” Competition Policy International Antitrust Chronicle.  In addition, she assisted the Trial Practice Committee of the American Bar Association in revising the 2005 Edition of the Model Jury Instructions handbook. 

Prior to attending law school, Ms. Robertson worked on the campaign committee of Councilman John Liu, the first Asian American to be elected to New York City’s City Council. During law school, she was an intern in the Litigation Bureau of the Office of the New York State Attorney General and the United States Court of Appeals for the Second Circuit.  Additionally, in law school, Ms. Robertson was selected as an Alexander Fellow and spent a semester serving as a full-time Judicial Intern to the Hon. Shira A. Scheindlin, U.S. District Court for the Southern District of New York.


William Shaw joined Analytics Consulting in 2014 and prior to that served as a Business Director for another class action administrator beginning in 2009. Mr. Shaw has consulted on hundreds of class action matters, ranging from small, low dollar litigation to some of the largest class actions matters in United States history. Mr. Shaw began his legal career as an Assistant District Attorney in Brooklyn, New York where he prosecuted over tens of thousands of cases. He received his undergraduate degree in Government and Law from Lafayette College and his JD from St. Johns University School of Law.