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Expert Witness 2019

Speaker(s): Deborah A. Elman, Dr. Florencia Greer Polite, Jennifer Marietta-Westberg, Kevin J. Biron, Matthew Kalinowski, Sarah Coyne, Shari A. Brandt, Sheila S. Boston, Susan E. Brune, Winston M. Paes
Recorded on: May. 29, 2019
PLI Program #: 250859

Dr. Florencia Greer Polite is an Associate Professor of Clinical Obstetrics & Gynecology and Chief of the Division of General OBGYN at University of Pennsylvania Perelman School of Medicine.  Dr. Polite is a native of Philadelphia and a graduate of Harvard College and the University of Pennsylvania School of Medicine. She completed her residency training in Obstetrics and Gynecology at NYU & Bellevue hospitals, where she served as the Administrative Chief Resident and received the Lyman Barton Memorial Chief Resident award.  Upon graduation, Dr. Polite joined the faculty at NYU and served as the Associate Residency Program Director for the Department of Obstetrics and Gynecology.   In August 2010, Dr. Polite joined the LSU faculty as an attending in the Generalist Division of OBGYN, becoming Director of the Residency Program in 2012, Director of the Generalist Division in 2014, and the Director of Faculty and Resident Development in 2017.  In September of 2018, Dr. Polite returned to the University of Pennsylvania as the Chief of the Division of General Obstetrics and Gynecology.  In this capacity, Dr. Polite is responsible for the largest division in the department of Obstetrics and Gynecology including four clinical practice sites.

Dr. Polite is board certified by the American Board of Obstetrics and Gynecology. She is a Fellow of the American College of Obstetricians and Gynecologists (ACOG), a member of the Association of Professors of Gynecology and Obstetrics (APGO), and a member of the Society for Academic Specialists in General Obstetrics and Gynecology (SASCOG).  She serves on the National Board of Medical Examiners (NBME) Executive Board, Audit and Finance, and Budget Committees and the USMLE Test Development Committee.  Dr. Polite has been the recipient of numerous mentorship and teaching awards including the coveted CREOG National Faculty Award, the APGO Excellence in Teaching Award, and the ACOG Mentorship Award.  Dr. Polite has served as a medical expert for both plaintiffs and defense since 2011.  She has reviewed medical cases and served as an expert in both depositions and trial work.  She lives in Philadelphia with her husband Kenneth Polite (a partner at Morgan, Lewis & Bockius LLP)  and their 2 daughters.


Matthew Kalinowski is Vice President & Senior Counsel in the Litigation & Regulatory Enforcement group at Deutsche Bank AG.  In that role, Matt manages and oversees the defense of numerous high-stakes class actions and other complex commercial disputes, as well as handles enforcement matters brought by various regulators and SROs.  Prior to his time at Deutsche Bank, Matt was a litigator at Morgan, Lewis & Bockius in New York.  He is a 2005 graduate of the George Washington University Law School.

Deutsche Bank is Germany’s leading bank, with a strong position in Europe and a significant presence in the Americas and Asia Pacific.  It provides banking services to corporations, governments, institutional investors, small and medium-sized businesses, and private individuals.

Sarah Coyne is a partner in Weil’s Litigation Department and a member of the Firm’s global White Collar Defense, Regulatory and Investigations practice. She handles a wide range of civil and criminal white collar matters, as well as internal investigations, and has experience across industry sectors, with an emphasis on financial institutions.

Ms. Coyne is a former Assistant U.S. Attorney in the Eastern District of New York, where she was Chief of the Business and Securities Fraud Section. In 2018, she was featured by Global Investigations Review as one of the top 100 “Women in Investigations” worldwide. Since 2017, Ms. Coyne has been recognized nationally by Legal 500 for Corporate Investigations and White Collar Criminal Defense, including as a “Next Generation” lawyer, and she is currently recognized as a “Future Star” by Benchmark Litigation.

Prior to joining Weil, Ms. Coyne was a federal prosecutor for 14 years, first in the District of New Jersey, then moving to the U.S. Attorney’s Office in the Eastern District of New York, where she worked for 11 years. In these roles, Ms. Coyne prosecuted or supervised a number of high-profile matters, including those involving the Foreign Corrupt Practices Act, securities and investment fraud, and off-label promotion in the healthcare space. She also tried 14 jury trials and argued seven successful appeals before the Second Circuit, and one before the Third Circuit. As Chief of the Business and Securities Fraud Section, Ms. Coyne supervised 15 prosecutors working on white collar criminal matters.

Recent notable experience includes representing:

  • US Ski & Snowboard sports association in connection with various congressional inquiries.
  • a major financial institution in connection with investigations by the U.S. Attorney’s Office for the Southern District of New York and the SEC into a purported theft by a former employee of millions of dollars from client accounts.
  • a senior banker at a financial institution in connection with an SEC investigation into failed Puerto Rico municipal government bonds.
  • a New York police union in connection with an investigation by the U.S. Attorney’s Office for the Eastern District of New York into alleged corruption in a county police force.
  • a global payment provider with respect to a U.S. Attorney’s Office investigation into allegations of overbilling and a related class action filed in the Eastern District of New York, as well as an internal investigation regarding alleged fraud by an employee accused of embezzlement.
  • an executive at a life sciences laboratory in connection with an investigation by the Civil Division of the U.S. Attorney’s Office for the Southern District of New York into allegations of improper Medicare billing.
  • a former executive at a life sciences laboratory in connection with an investigation by the Civil Division of the U.S. Attorney’s Office for the Eastern District of New York into allegations of improper Medicare billing.
  • a global investment management firm with respect to an investigation brought by the U.S. Attorney’s Office for the District of New Jersey in connection with allegations of insider trading.
  • a former hedge fund founder with respect to an investigation by the U.S Attorney’s Office for the Eastern District of New York for securities fraud.
  • a foreign individual in connection with the investigation by the U.S. Attorney’s Office for the Eastern District of New York into the FIFA corruption scandal.
  • §numerous executives of financial institutions in securities fraud investigations.

Ms. Coyne is a frequent speaker on white collar and related topics such as the FCPA, and currently serves as a Lecturer of Law at the University of Pennsylvania School of Law, where she teaches a course on white collar crime.

Upon graduating from law school, Ms. Coyne clerked for two years for the Hon. Maryanne Trump Barry, both at the District Court level and at the United States Court of Appeals for the Third Circuit. She earned her J.D. in 1998 from New York University School of Law, and received her B.A. from Georgetown University, magna cum laude and Phi Beta Kappa, in 1993.

Sheila S. Boston is a trial lawyer and litigation strategist who defends clients from initiation of the case through trial and/or settlement. Ms. Boston is valued by her clients for her advocacy skills, dependability, and collaborative spirit. Ms. Boston has successfully litigated before both state and federal courts, with significant MDL experience in mass tort actions, providing litigation avoidance counseling, and conducting audits to evaluate the potential product-related liabilities in proposed corporate acquisitions and reorganizations. She helps her clients by assessing litigation risks and defending lucrative products by weeding out frivolous individual personal injury lawsuits, defending against class actions and mass torts, and devising creative settlement solutions.

Adept in "battle of the experts" litigation, Ms. Boston has served as national coordinating counsel of experts, involving the retention, development and preparation of experts for depositions, Daubert/Frye hearings and trials; she has worked with numerous experts in various fields of medicine and science including, but not limited to, toxicology, infectious diseases, epidemiology, oncology, urology, hepatology, endocrinology, cardiology, psychology, and psychiatry.

Ms. Boston has been recognized by Who's Who Legal in Product Liability Defence every year since 2012. In 2018, she was recognized as a “legal lion” trial attorney by Law 360 as a result of a successful defense verdict in Daniel Russell et al. v. Janssen Pharmaceuticals Inc. et al., in the Court of Common Pleas of Philadelphia County, Pennsylvania. Her other recent accolades include New York City Legal Services 2019 Honoree; 2018 Crain's New York Leading Women Lawyers in New York; and New York Law Journal’s 2014 Lifetime Achievement awards recipient.

Ms. Boston is a member of her firm’s Pro Bono and Hiring Committees, and was recently elected to serve as an Ombudsperson for the firm. An active participant in bar associations and the legal community at large, she was appointed by New York Governor Andrew Cuomo to serve a three-year term on New York's First Department Judicial Screening Committee as well as appointed by Chief Judge Robert A. Katzmann of the Second Circuit Court of Appeals to serve on the Circuit’s Attorney Grievance Committee. Ms. Boston also currently serves as Chair of the Federal Bar Council Board; Chair of the National Bar Association’s Minority Partners in Majority Firms Division; and on DRI’s Drug and Medical Device Steering Committee as Chair of its annual seminar.

A passionate advocate of diversity and inclusion in the workplace, Ms. Boston has won several awards for her efforts including the prestigious Chambers Diversity Awards USA 2016 inaugural award for her "Outstanding Contribution to Furthering the Advancement of Diversity in the Legal Profession, Private Practice." Most recently, she was recognized by Columbia Law School Black Law Student Association with a “2019 Distinguished Alumni Award.”

Ms. Boston received her A.B. from Princeton University in 1990 and her J.D. from the Columbia School of Law in 1993. She is admitted to practice law in the New York State Courts, the SDNY, the EDNY, the United States Court of Appeals for the Second Circuit, and the United States Supreme Court.

Susan E. Brune has been consistently recognized for excellence in the practice of law. Chambers USA has identified Susan Brune as a “Star Individual,” an elite ranking above “Band 1.” Per Chambers, she is “at the top of her game and fights hard for her clients. She can parachute into a case and learn everything and get up to date so fast.” She is “truly one of the greatest lawyers in our field and at the very top of the profession. She's the whole package: a brilliant lawyer, incredible advocate, trusted adviser and totally fearless.” In support of the ranking, Chambers states that she is “a market-leading attorney for the representation of individuals involved in complex, high-stakes criminal trials” and a “strong choice for corporations facing white-collar proceedings.”

Susan is focused on efficiently solving her clients’ problems, whether they involve commercial disputes or contacts with prosecutors or regulators. In the white collar sphere, Susan has repeatedly warded off indictment and regulatory charges through sound strategic choices, meticulous preparation and forceful advocacy. When cases are brought, she is equally effective. A seasoned trial lawyer, she achieved a complete victory for a private equity investor in an enforcement case in the SEC’s administrative forum. She also obtained the acquittal of a Bear Stearns hedge fund manager in a federal jury trial. 

Before starting her private practice, Susan served as a federal prosecutor in Manhattan.

Winston Paes is a litigation partner and a member of the White Collar & Regulatory Defense Group.  He is a seasoned trial lawyer and advises clients on white collar criminal defense, regulatory enforcement, internal investigations and complex civil litigation.

Prior to joining Debevoise in 2017, Mr. Paes served for nine years as an Assistant U.S. Attorney in the Eastern District of New York, the final two years of which he spent as Chief of the Business and Securities Fraud Section.  During his tenure as a federal prosecutor, he successfully tried 10 jury trials, including six white collar trials, and argued 12 appeals before the U.S. Court of Appeals for the Second Circuit. He is also a recipient of the Department of Justice Director’s Award for Superior Performance and the Inspectors General Council’s Excellence in Litigation Award.

Mr. Paes earned his J.D. magna cum laude from Brooklyn Law School in 2003, and received his B.A. magna cum laude from the State University of New York, Stony Brook in 1998.

Deborah Elman is a director at Grant & Eisenhofer, where she has nearly two decades’ experience representing both plaintiffs and defendants in high-profile antitrust and securities litigation. Ms. Elman’s practice focuses on litigating claims in the pharmaceutical and financial services industries. She has represented institutional clients and individuals in complex civil litigation cases, including class actions, opt-outs, derivative actions, and arbitrations. Ms. Elman is also Co-Director of the Grant & Eisenhofer ESG Institute.

Currently, Ms. Elman is representing a class of silver purchasers in In re London Silver Fixing, Ltd. Antitrust Litigation; a class of merchants in In re Payment Card Interchange Fee & Merchant Discount Antitrust Litigation; a class of end-payor purchasers in In re: Seroquel XR (Extended Release Quetiapine Fumarate) Litigation; and direct purchaser plaintiffs in In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation. She is a member of the leadership team representing clients in In Re: Humira (Adalimumab) Antitrust Litigation, and class counsel in In re Novartis and Par Antitrust Litigation [Exforge].

Ms. Elman was class counsel in Alaska Electrical Pension Fund v. Bank of America Corporation et al. (“ISDAFix”) and In re Foreign Exchange Benchmark Rates Antitrust Litigation (“FOREX”), and  litigated and settled numerous cases related to the financial crisis, including more than fifteen actions arising out of wrongdoing involving the issuance of residential mortgage-backed securities (“RMBS”) and other complex financial products. Additionally, Ms. Elman was a member of the litigation teams that successfully represented the lead plaintiff in a case dubbed “The Enron of India,” In re Satyam Computer Services Ltd. Securities Litigation, which settled for $150.5 million, and In re Kinder Morgan Energy Partners, L.P. Derivative Litigation, which settled for $27.5 million. She represented institutional investors in In re Merck and Co., Inc. Securities, Derivative & ERISA Litigation and In re Petrobras Securities Litigation, resulting in substantial investor recoveries.

Ms. Elman is Vice Chair of the Pricing Conduct Committee of the American Bar Association Antitrust Law Section, and a member of the Amicus Committee for the Committee to Support the Antitrust Laws, the Coordinated Conduct Committee of the New York State Bar Association Antitrust Section, and the Board of Directors of the Public Justice Foundation.

Prior to joining Grant & Eisenhofer, Ms. Elman represented clients before the SEC, DOJ, and state regulators, and appeared before federal and state courts as an associate at a leading New York law firm. Before that, she served as a law clerk for the Honorable William L. Standish in the United States District Court for the Western District of Pennsylvania.

Ms. Elman graduated cum laude in 2001 from the University of Pittsburgh School of Law, where she was Lead Executive Editor of the Journal of Law and Commerce. She received a Masters of Public Health degree in 1997 from Columbia University, where she also graduated cum laude with a Bachelor of Arts degree in 1995.

Jennifer Marietta-Westberg consults on economic and financial issues arising in litigation and regulatory investigations in financial markets. Dr. Marietta-Westberg addresses allegations related to financial reporting, asset management, trading, private equity, and mergers and acquisitions.

An experienced expert witness, she has testified on matters related to Rule 10b-5/Section 11 securities class actions, damages, alleged insider trading, corporate governance, and Employee Retirement Income Security Act (ERISA) matters. Dr. Marietta-Westberg has supported respondents in enforcement actions involving the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). 

Dr. Marietta-Westberg is a member of the Investor Advisory Committee of the SEC, which offers guidance to the Commission on regulatory priorities and initiatives to support the integrity of the securities marketplace. She also serves on the board of directors at the Institute for Law and Economics at the University of Pennsylvania and is a practitioner director of the Financial Management Association.

Dr. Marietta-Westberg worked for ten years at the SEC, in several capacities. She served as the deputy chief economist and deputy director of the Division of Economic and Risk Analysis (DERA) from 2013 to 2016. At the SEC, Dr. Marietta-Westberg managed economic analysis in support of Commission policy and rulemaking in the areas of asset management, broker-dealers, credit rating agencies, and market microstructure. She oversaw many of DERA’s economic analyses in support of international initiatives.

Prior to joining the SEC, Dr. Marietta-Westberg was an assistant professor at Michigan State University. Her research has been published in the Journal of Accounting and Economics, the Journal of Corporate Finance, and European Financial Management.


Kevin J. Biron focuses on complex commercial litigation. In addition, he regularly represents clients in connection with restructurings of derivatives and structured finance transactions. Kevin has experience litigating in federal and state courts, resolving claims through mediations and other forms of alternative dispute resolution, and representing debtors and creditors in bankruptcy cases and related actions. He regularly advises clients with respect to their rights and obligations in connection with complex financial transactions.

Kevin’s restructuring experience also includes representing a monoline insurer in numerous transactions that resulted in the commutation of billions of dollars of aggregate structured finance exposure.


Obtained $10.5 million judgment on behalf of a monoline insurer in action concerning the payment due following the early termination of a swap transaction

Secured summary judgment victory on behalf of investors in action concerning whether collateral manager of a securitization transaction had the right to reinvest over $64 million in collateral proceeds

Secured summary judgment victory on behalf of CDO noteholders in interpleader action concerning the proper distribution of funds held by indenture trustee

Obtained dismissal of fraudulent transfer and unjust enrichment claims asserted by Chapter 7 bankruptcy trustee against real estate management company

Representing noteholder in adversary proceeding and related court-ordered mediation concerning derivative transactions involving Lehman Brothers Special Financing, Inc.

Represented investment bank in connection with an SEC investigation regarding practices in the auction rate securities market

Represented financial services company in connection with a federal investigation into the securities lending industry

Defended international wireless communications company against breach of fiduciary duty and alter-ego claims asserted by the creditors committee in Chapter 11 case; settled favorably following mediation

Represented international staffing company as debtor in Chapter 11 case


  • New York Metro Rising Star, Super Lawyers (2014)
  • Member, American Bar Association
  • Member, New York State Bar Association
  • Member, New York City Bar Association
  • Editor, Georgia Law Review, University of Georgia School of Law
  • Member, Order of the Coif, University of Georgia School of Law


  •     New York
  •     US District Court for the Eastern District of New York
  •     US District Court for the Eastern District of New York
  •     US District Court for the Southern District of New York


  •     The University of Georgia School of Law, 2002, Juris Doctor, summa cum laude
  •     University of Connecticut, 1997, Bachelor of Arts, magna cum laude


Shari A. Brandt is a partner with more than 20 years of experience representing institutions and individuals in high stakes commercial civil litigation, regulatory and white collar criminal proceedings, and internal investigations, often in matters involving financial services and complex financial products. Clients have described her as: having “deep knowledge of the subject matter, sound judgment, [and] great instincts,” “very client service oriented,” “extremely smart, experienced, hardworking and thorough,” and someone who “works incredibly hard to ensure that all bases are covered” (Legal 500 2010-2018).

Ms. Brandt regularly defends matters that proceed simultaneously in regulatory, white collar defense and civil litigation forums. She represents clients in civil litigations at the federal and state level, arbitrations and mediations, as well as defending against investigations by the CFTC, SEC, FINRA, United States Attorney’s Office, Department of Justice, State Attorney’s General offices and other governmental and self-regulatory bodies.

Recent Engagements:

  • Lead attorney for brokerage firm in connection with class action litigation concerning the setting of the U.S. Dollar Isdafix benchmark rate.
  • Defending a brokerage firm in connection with domestic and international regulatory inquiries into the setting of LIBOR and other benchmark rates, and related class action antitrust litigation.
  • Defending group of individuals in regulatory inquiries and civil litigation concerning residential mortgage-backed securities.
  • Defending an insurer in litigation across the country and regulatory inquiries concerning municipal bond offerings and auction rate securities.
  • Conducting an internal investigation for a bank into anonymous allegations of kickbacks and bribery.
  • Defending a brokerage firm in connection with regulatory inquiries into anti-competitive conduct concerning credit default swaps.

Honors & Awards

  • Ranked by Chambers USA as a Recognized Practitioner in Litigation: White Collar Crime & Government Investigations.
  • Selected by Benchmark Litigation as a Top Woman in Litigation and Local Litigation Star.
  • Named to the Global Investigations Review Top 100 Women in Investigations list.
  • Recommended by The Legal 500 United States in the areas of litigation, white collar criminal defense and regulatory law.