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Expert Witness 2019


Speaker(s): Brian A. Herman, 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.

 


Jennifer Marietta-Westberg addresses allegations related to financial reporting, asset management, trading, and mergers and acquisitions in litigation and regulatory investigations. She has served as an expert on matters related to the Employee Retirement Income Security Act (ERISA), as well as alleged insider trading. Dr. Marietta-Westberg is a member of the Investor Advisory Committee of the U.S. Securities and Exchange Commission (SEC), which offers guidance to the Commission on regulatory priorities and initiatives to support the integrity of the securities marketplace.

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 the provision of 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, European Financial Management, the Journal of Behavioral Finance, and the Journal of Business Ethics.


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.  Susan focuses her practice on white collar matters, helping individuals and entities through investigations involving the U.S. Department of Justice, the SEC, FINRA and other criminal and regulatory bodies.

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 obtained the acquittal of a Bear Stearns hedge fund manager in a federal jury trial.

In 2010, the New York State Association of Criminal Defense Lawyers conferred upon her the Hon. Thurgood S. Marshall Award for Outstanding Criminal Practitioner, an award conferred annually on one practitioner in New York.

After leaving the U.S. Attorney’s Office and before founding Brune Law P.C., Susan founded and for 18 years led Brune & Richard LLP, a firm that The New York Times described as “a top-flight New York litigation boutique.”

Susan is a graduate of Harvard Law School.


Winston M. Paes is a member of the White Collar & Regulatory Defense Group. His practice focuses on white collar criminal defense, regulatory enforcement and internal investigations.  In this capacity, Mr. Paes has represented large financial institutions, corporate executives and traders in investigations by the Department of Justice and Securities and Exchange Commission.

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.  As Section Chief, Mr. Paes supervised a team of 20 experienced federal prosecutors focused on white collar matters. Under his leadership, the EDNY significantly expanded its white collar practice and prosecuted a number of the Department of Justice’s most high-profile matters. Before his appointment as a Section Chief, Mr. Paes also served as the Deputy Chief of the Business and Securities Fraud Section and Supervisor of its Medicare Fraud Task Force.  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.


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.

SELECTED REPRESENTATIONS

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

AWARDS AND AFFILIATIONS

  • 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

ADMISSIONS

  •     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

EDUCATION

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

SERVICES


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.


With a focus on financial institutions, Brian A. Herman counsels clients in civil and class action litigation in US state and federal court. He represents banks, broker-dealers, hedge funds, investment advisers, and other complex businesses. Brian also advises clients facing examinations by the US Securities and Exchange Commission (SEC), self-regulatory organizations, state regulators, and other regulatory agencies. Clients also turn to Brian for guidance with internal examinations and enhancing their business practices.

Brian’s practice spans litigation matters involving contract disputes, lending practices, mergers and acquisitions, loan servicing and foreclosure practices, residential mortgage-backed securities (RMBS), collateralized debt obligations, mutual funds, Ponzi schemes, and consumer protection.

Prior to joining Morgan Lewis, Brian served as a law clerk to Judge Ruth Abrams of the Massachusetts Supreme Judicial Court. 

SELECTED REPRESENTATIONS

Representing a hedge fund advisor in connection with a regulatory investigation arising from restatement of net asset value.

Obtained a significant AAA arbitration award on behalf of management team of investment advisor in stock-put dispute.

Counsel for residential mortgage-backed securities trustee in federal court action alleging breach of contract and breach of fiduciary duties arising from alleged conflicts of interests.

Counsel to a leading financial institution in numerous matters arising out of litigation and regulatory inquiries concerning document execution, foreclosure, and other debt collection practices. Advise in development of business practices to comply with state and federal law, and on regulatory settlements and consent orders.

Counsel to transaction parties and their financial advisors in numerous class actions alleging breaches of fiduciary duties in connection with mergers and acquisitions. Represent clients in various venues including Delaware, New York, California, Nevada, and Minnesota. Mr. Herman has obtained dismissal or very favorable settlements in many of these actions.

Successfully defended through trial a leading financial institution in an action challenging the validity of loan obligations.

Representing a foreign investment company in cross-border business-tort litigation concerning a terminated transaction.

Obtained summary judgment on behalf of leading technology company in an international licensing dispute.

Representing a leading financial institution against claims by a loan investor challenging the servicing of a portfolio of mortgage loans.

Lead counsel to leading financial institution in a series of "mass actions” pending in New York and New Jersey alleging improprieties in mortgage origination, servicing, foreclosure, and loan modification processing. Defend claims sounding in contract and fraud, and for violations of various state consumer protection statutes, as well as TILA and RESPA. Many of the actions have been dismissed.

Representing leading financial institution in New York False Claims Act action.

Representing a biotech company in transaction-related litigation in Delaware Court of Chancery.

Lead counsel to a leading financial institution in actions brought by county recorders challenging practices concerning the recording of assignments of mortgages.

Representing a Russian financial institution in litigation concerning a series of transactions.

Representing a foreign bank executive in a class action seeking damages incurred by victims of an alleged Ponzi scheme.

Represented a Russian media company in an international dispute concerning licensing rights.

Counsel for a leading membership services provider in litigation against a major online retailer alleging breach of a marketing agreement.

Represented a leading financial institution in an action brought by a former executive seeking damages under an employment agreement.

Obtained dismissal of a class action against a leading credit card issuer and debt collector alleging violations of consumer protection statutes arising from an alleged failure to send periodic statements.

Represented multiple clients in class actions and derivative suits arising from alleged stock option backdating. Many of the actions have been settled on favorable terms, and one class action has been dismissed with prejudice.

Represented a large broker-dealer in a nationwide class action alleging breaches of fiduciary duty in connection with mutual fund revenue sharing. Mr. Herman negotiated a favorable settlement on behalf of his client.

Represented a hedge fund advisor in civil litigation arising out of the devaluation of portfolio tied to the housing crisis. Mr. Herman negotiated a favorable settlement on behalf of his client.

Represented a multinational company in defending intellectual property and competition claims brought by a foreign competitor arising from a sale and licensing agreement.

Obtained dismissal on behalf of a broker-dealer and bank in a nationwide class action challenging disclosures concerning bank-deposit sweep programs.

Represented a large retailer in a class action seeking damages concerning the alleged failure to comply with FACTA in its credit card processing.

Served as a member of the trial team on behalf of an international credit card association in antitrust litigation brought by the Department of Justice concerning card issuing and membership rules and association governance.

Counsel for multiple underwriters in a series of coordinated class actions arising out of the initial public offering of various securities. The actions resulted in a favorable settlement for the defendants.

Counsel to broker-dealers in regulatory matters concerning various practices including mutual fund market timing, revenue sharing, insider trading, mark-ups, and alleged fraud.

AWARDS AND AFFILIATIONS

  • Member, New York State Bar Association
  • Member, Association of the Bar of the City of New York
  • Staff Member, Journal of International Economic Law
  • Listed, "Rising Star," New York Super Lawyers (2011–2013)

ADMISSIONS

  •     New York
  •     Massachusetts

CLERKSHIPS

  •     Clerkship to Justice Ruth Abrams of the Supreme Judicial Court of Massachusetts (1998 - 1999)

EDUCATION

  •     University of Pennsylvania Law School, 1998, J.D.
  •     Brandeis University, 1995, B.A.

SECTORS

SERVICES

REGIONS


Deborah A. Elman is a director at Grant & Eisenhofer, where she represents clients in complex civil litigation, with a particular focus on antitrust and securities litigation.  She has represented institutional clients and individuals in class actions, opt-out litigation, derivative actions, and arbitrations.   

Ms. Elman is currently serving as co-lead counsel in several cases, including In re Payment Card Interchange Fee & Merchant Discount Antitrust Litigation, In re London Silver Fixing, Ltd. Antitrust Litigation, and In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation, as well as class counsel in In re Generic Pharmaceuticals Pricing Antitrust Litigation, In re Foreign Exchange Benchmark Rates Antitrust Litigation (“FOREX”), In re Novartis and Par Antitrust Litigation (Exforge), In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation, In re Zetia (Ezetimibe) Antirust Litigation, In re Broiler Chicken Antitrust Litigation, In re Pork Antitrust Litigation, and In re Diisocyanates Antitrust Litigation. 

Ms. Elman has litigated 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, resulting in several substantial settlements. Ms. Elman was class counsel in Alaska Electrical Pension Fund v. Bank of America Corporation et al. (“ISDAFix”).  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.

Prior to joining Grant & Eisenhofer, Ms. Elman represented clients before the SEC, DOJ, and state regulators, and participated in numerous appearances before federal and state courts as an associate at a leading New York law firm. 

Ms. Elman served as a law clerk for the Honorable William L. Standish, United States District Judge, in the United States District Court for the Western District of Pennsylvania, participating in all aspects of federal trial court practice.

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.