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Class Action Litigation 2019


Speaker(s): Adam S. Zimmerman, Andrew J. Lichtman, David G. Keyko, Eric Schachter, Hon. Carolyn Demarest, Howard S. Suskin, Jayne A. Goldstein, Joel S. Feldman, Natalie Finkelman Bennett, Sharon Robertson
Recorded on: Jun. 3, 2019
PLI Program #: 250865

Hon. Carolyn E. Demarest (Ret.) served as Presiding Justice of the Commercial Division, Supreme Court, Kings County from its inception in 2002 through 2016. As Presiding Justice, Judge Demarest developed the Commercial Division into one of the most influential commercial courts in the country. She is a revered and universally respected figure in the judiciary.

Justice Demarest served for 26 years on the Supreme Court, Kings County, from 1990-2016. Her substantial practice area expertise includes banking, business/commercial, condominium/co-op, class action, employment, environmental, health care, intellectual property, professional liability, and real property. Prior to her term at the Supreme Court, she served as a Justice for five years in the Family Court of the State of New York where she gained expertise in matrimonial and family law matters.

Justice Demarest began practice as an associate at Skadden, Arps, Slate, Meagher & Floam where she handled both corporate and litigation matters. Following service to Civil Court Judge Stanley Danzig as a Law Clerk, Justice Demarest served for seven years as Assistant Chief of the Appeals Division of the New York City Corporation Counsel where she was responsible for drafting briefs and arguing appeals on all aspects of city business including issues of constitutional, administrative and municipal law, labor, torts, contracts, education and civil service law.

In 1985, Mayor Koch appointed Justice Demarest to the Family Court of the State of New York where she continued to serve until her appointment to the Supreme Court by Governor Mario Cuomo in 1990. In 1991, Justice Demarest was elected to the New York State Supreme Court, Kings County.

Justice Demarest is known as a leader in jurisprudence within the legal community. She has served on the Civil Law and Skills Curriculum Committees for the annual Judicial Seminars and was the editor and an author of the Kings County Criminal Term Manual. She is a frequent lecturer for New York State Bar Association CLE courses and was a member of the New York State Bar Association Task Force on CLE.

Representative Matters

In her thirty-three years on the bench, including 14 years as Presiding Justice of the Commercial Division, Supreme Court, Kings County, Justice Demarest presided over thousands of cases and accumulated significant experience in a broad spectrum of practice areas. Select examples of representative matters she presided over include:

  • Business/Commercial
    • Hundreds of cases involving alleged breaches of contracts of all kinds, including sales contracts in which fraud in the inducement relating to volume of sales, quality of product, or misrepresentations concerning market share and unfair competition constituting alleged breaches of non-compete clauses and tortuous interference with contract, were at issue
    • Numerous cases involving the dissolution of corporations and limited liability companies, often including allegations of breach of contract and breach of fiduciary duty. Many of these matters involved family business relationships, and occasionally, estate-related problems in which multiple generations of family members were disputing entitlements
    • Multiple cases involving failure of a former employee to comply with the terms of a non-compete or trade secrets confidentiality provision in an employment contract. Such actions frequently included claims for damages against the new employer for unfair competition
    • Multiple cases requiring a determination whether a purported contract established a joint venture or created an enforceable contract for the sale of real property
    • Cases involving allegations of waste and mismanagement, self-dealing, and various claims of fraud constituting a breach of fiduciary duty
    • A case involving a multi-year action brought by several limited partners in a real estate tax shelter partnership against a general partner for fraud, mismanagement, breach of fiduciary duty and breach of contract in his conversion of virtually all interest in a Manhattan office building which he sold. After numerous dispositive motions, Judge Demarest entered a settlement among the parties
    • Several cases involving complex issues of international jurisdiction.
      • A case involving the alleged fraudulent sale of an interest in a real property development in part of the former Soviet Union which the plaintiff claimed never materialized. The case involved substantial issues of jurisdiction over the defendants since there were few contacts with New York and the plaintiff had actually entered the contract in the foreign country.
      • A case requiring rejection of jurisdiction involving property located in Israel, with a New York Corporation as the corporate plaintiff, while several of the defendant corporations were incorporated in other states of the United States
  • Class Action
    • Presided over several class actions, from challenges by shareholders to the sale of the assets of a major utility company, claims by subscribers to cell phone service that they had been improperly billed, complaints by property owners that a cable/telephone service provider had attached equipment to their property without permission, thereby trespassing on their property and effecting a de facto inverse condemnation, to claims of inadequate compensation for labor, particularly overtime, under New York Labor Law
      • Presided over a case involving issues of an illegal immigrant’s right to sue for prevailing wages for work on public works projects in light of the federal Immigration and Reform Control Act of 1986
      • Certified a class of home attendants who worked 24-hour shifts, but resided outside the home of their patients, and were not paid for all of the hours they were required to be present in the patient’s home
  • Employment
    • Numerous cases involving claims of breach of contract, sexual harassment, and discrimination (age, gender, race, religion, national origin, sexual orientation), hostile work environment, wrongful termination, retaliation, and claims related to the Americans with Disabilities Act (ADA), executive compensation, and FLSA
  • Environmental
    • Numerous cases involving wastewater and storm water discharges, hazardous waste management, exposure and contamination, toxic torts, mold, asbestos, lead paint, groundwater contamination and habitability
  • Health Care
    • Numerous cases in the health care industry including disputes over payment, reimbursement and insurance, breach of contract claims, medical partnership dissolutions, professional liability and product claims and employment-related matters
    • Authorized the transfer of substantially all assets of the Long Island College Hospital (LICH) to the State University of New York's Downstate Medical Center under the Not-For-Profit Corporation Law, simultaneously creating the LICH Malpractice Trust with funds from a bequest to LICH. This transfer ultimately resulted in substantial subsequent litigation when the State altered its commitment to maintain the hospital
    • Presided over an inventory of cases related to the formation of the Malpractice Trust for LICH. The Trust was established to provide compensation for claims of professional malpractice and general liability extant at the time of the transfer of the hospital’s assets to SUNY-Downstate. Pursuant to Justice Demarest’s orders, the cases were resolved against LICH through negotiation, mediation or arbitration. Justice Demarest approved compensation in cases of wrongful death and infant compromises. She also ruled on matters of contested liability and directed the manner in which claims were evaluated under the terms of the Trust, including allocations to the Medical Indemnity Fund for infants suffering neurological injury at birth, as well as the computation of attorney’s fees
  • Insurance
    • Cases involving a broad spectrum of complex insurance issues including matters related to bad faith, coverage, property damage, reinsurance, subrogation, policy language and regulation
      • Determined the value of a complex spiral of insurance and re-insurance liability in a matter involving the purchase by a foreign company of the assets of an American insurance company in which the ultimate terms of the purchase, including price, were at issue
      • In multiple cases, considered the application of New York Insurance Law prohibitions against brokers’ rebates and the broker’s fiduciary duty to procure necessary and adequate insurance to meet the needs of the insured
  • Intellectual Property
    • Cases involving copyright, trademark, trade secret and patent disputes
  • Professional Liability
    • Presided over numerous medical malpractice cases involving claims of improper diagnosis, sub- standard care treatment and failure to monitor patient progress
    • Legal malpractice cases involving fee disputes, conflict of interest, expiration of statute of limitations, allowing defaults on motions, breach of retainer agreement, and failure to properly perform legal services
  • Real Property
    • Presided over dozens of cases claiming the fraudulent conveyance of assets, especially real property, in violation of a creditor’s rights
    • Numerous cases involving commercial mortgage foreclosures and contracts for the purchase of real property
    • Numerous cases calling for the interpretation of lease obligations and seeking a Yellowstone stay pending the resolution of claims that the lease had been breached
    • Several matters of residential mortgage foreclosure in which defenses of predatory lending, unconscionability and lack of standing due to imperfect multiple assignments of the mortgage debt were raised

Additional Representative Matters

  • Numerous cases involving claims by a bank customer that the bank had breached a duty to fund construction or bridge financing for a project after initially granting the application for such funding, resulting in damages to the customer
  • Case involving the determination of a recovery to be accorded a corporate investor which had invested the assets of its employee pension plan with the Bernard Madoff Investment Securities LLC
  • Numerous cases involving condominium conversion and development
    • Multiple disputes tied to complaints of defective construction
    • Case involving claim that the sponsor had breached its obligations by failing to obtain J-51 tax benefits for the condominium
    • Settled a case involving a cooperative conversion of six rental apartment buildings containing 455 units previously rent controlled or stabilized, the sponsor’s failure to sell 70% of the units over a twenty year period, retaining them for rental at market rates at significant profit

Honors, Memberships, and Professional Activities

  • Honors
    • Citation for Distinguished Service, Brooklyn Borough President Marty Markowitz, 2005, 2009 City Council Citation, Outstanding Citizens Award, 2009
    • Hon. William Bellard Award, Catholic Lawyers Guild, Diocese of Brooklyn, 2009
    • New York State Bar Association, Section of Federal and Commercial Litigation Award, 2005 Metropolitan Black Bar Association Jurist of the Year, 2005
    • Ruth E. Moskowitz Award, Kings County Supreme Court, 2005
  • Memberships/Professional Activities
    • Association of the Bar of the City of New York
    • Chair, Council on Judicial Administration, 2016-present Member, Council on Judicial Administration, 2007-present Member, International Law Committee
    • Member, Municipal Affairs Committee
    • Chair, Subcommittee: Quality of Life: Crime and Education Member, Committee on Professional and Judicial Ethics
    • Member, Committee on Education and Law
    • Chair, Subcommittee: Integration and High Schools New York State Bar Association
    • Member, Committee on Judicial Administration Member, Task Force on Court Restructuring Member, Committee on Attorney Professionalism Member, Task Force on Continuing Education
    • Founding Member, The American College of Business Court Judges Member, Brooklyn Bar Association
    • Member, Brooklyn Women’s Bar Association
    • Member, Supreme Court Justices Association of the City of New York Member, New York State Association of Supreme Court Justices Member, Board of Justices, Supreme Court, Kings County
    • Member, State Association of Judges of the Family Court of the State of New York Member, National and New York State Associations of Women Judges
    • Instructor, Bernard M. Baruch College of the City University of New York

Background and Education

  • Justice, Supreme Court, Kings County, 1990-2016
  • Judge, Family Court of the State of New York, 1985-1990
  • Judge, Civil Court of the City of New York, 1985 (interim appointment)
  • Special Assistant Corporation Counsel for City of New York, 1984
  • Judge, Civil Court of the City of New York, 1983 (interim appointment)
  • Assistant Chief, Appeals Division, New York City Corporation Counsel, 1976-1983
  • Law Secretary to Civil Court Judge Stanley P. Danzig, 1973-1976
  • Associate, Skadden, Arps, Slate, Meagher & Flom, 1972-1973
  • New York Law School, J.D., (Magna cum laude), 1972
  • New York University, B.A., 1967

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Adam S. Zimmerman teaches Civil Procedure, Torts, Administrative Law, Mass Tort Law, and Complex Litigation. Professor Zimmerman's teaching methods have been featured in the national news media.  He was named Best New Law Professor in 2011 and Professor of the Year in 2013 by the St. John’s Student Bar Association.

Professor Zimmerman’s scholarship explores the way class action attorneys, regulatory agencies and criminal prosecutors provide justice to large groups of people through overlapping systems of tort law, administrative law and criminal law. His recent articles have been accepted for publication in the Columbia Law ReviewDuke Law JournalNew York University Law ReviewUniversity of Pennsylvania Law Review, Virginia Law Review, and the Yale Law Journal. In 2016, the federal government adopted Zimmerman’s recommendations to permit class actions in administrative hearings based on findings that appear in his forthcoming article in the Yale Law Journal, Inside the Agency Class Action.

Professor Zimmerman graduated magna cum laude from Georgetown University Law, where he served as Associate Editor of the Georgetown Law Journal and co-founded the first student chapter of the American Constitutional Society in the country.  After graduation, he clerked for Judge Jack B. Weinstein in the Eastern District of New York. He then served as counsel to Special Master Kenneth R. Feinberg in the design and administration of the September 11th Victim Compensation Fund.  Afterwards, he was associated with Orrick, Herrington & Sutcliffe LLP, where he represented clients in complex commercial litigation and mass tort cases, as well as domestic and international arbitration. As a practitioner, Professor Zimmerman has also worked on global class actions involving the tobacco industry, gun manufacturers, and Agent Orange.


Andrew J. Lichtman is a partner in Jenner & Block’s Litigation Department.  He represents companies in complex civil litigation primarily in the areas of securities, mergers and acquisitions, derivative suits, general commercial disputes, antitrust, and consumer protection.  Mr. Lichtman also has significant experience representing companies and individuals being investigated by the Securities and Exchange Commission, the Department of Justice, and state attorneys general.

Mr. Lichtman's recent engagements have included:

  • Defending a bank in numerous residential mortgage-backed securities cases arising out of the financial crisis.
  • Defending a bank in securities and antitrust class action relating to alleged manipulation of an interest rate benchmark.
  • Defending a leading e-commerce company in securities class action and related derivative actions alleging inflated revenue figures in connection with initial public offering.
  • Defending a food manufacturer in several securities class actions following announcement of M&A agreement. 
  • Defending a marketing firm in securities class action alleging fraudulent accounting scheme.
  • Defending a leading car rental company in class action alleging violations of state consumer protection laws.
  • Representing an investment manager under investigation by the SEC. 
  • Representing a hedge fund manager under investigation by the SEC.

 

Before joining Jenner & Block, Mr. Lichtman served as a law clerk to the Honorable Julio M. Fuentes of the United States Court of Appeals for the Third Circuit and to the Honorable R. Barclay Surrick of the United States District Court for the Eastern District of Pennsylvania.  Mr. Lichtman received his J.D. from New York University School of Law in 2010, where he graduated magna cum laude and Order of the Coif.  He graduated Phi Beta Kappa from Cornell University in 2007.


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.


Joel S. Feldman is a senior counsel at Sidley Austin’s Chicago office.

He has served as lead defense counsel in over 150 financial services class actions venued in over 30 federal and state courts throughout the U.S., covering ERISA benefit plans, annuities, life insurance, ERISA fee class actions, property and casualty insurance, and actuarial issues associated with financial services products.

Joel has won, through motion practice, a series of precedent setting class actions wherein many other similarly situated defendants had settled, often for large sums of money. Most recently he has won a series of dismissals with prejudice in ERISA fee cases. These include dismissals with prejudice of an ERISA stable value class action (Barchok v. Galliard et al, D. R.I.; on appeal), an excessive fee ERISA class action (McCaffree v. Principal Life Ins. Co., 8th Cir.) and an ERISA class action alleging that a plan’s 401(k) fund “menu” included too many actively managed funds with excessive fees (Rosen v. Prudential, D. Conn.).

Joel has also served as lead counsel in winning the only complete class certification denial (Rowe v. Bankers, N.D. Ill.) and only complete summary judgment victory (Kennedy v. Jackson National, N.D. Cal.) amid the myriad of senior citizen annuity class actions, wherein many other defendants had settled. He has also served as lead counsel in the only ERISA revenue sharing class actions where courts denied class certification (Ruppert v. Principal, S.D. Iowa) and granted summary judgment (Leimkuehler v. American United Life, S.D. Ind.). He served as lead counsel in the first summary judgment victory among the many retained asset class actions (Rabin v. MONY, S.D. N.Y.), and won the denial of class certification in a cost of insurance class action, wherein numerous other defendants in similar class actions had settled (Gregurek v. United of Omaha, C.D. Cal.). Joel also served as lead counsel in In re Industrial Life Insurance Litigation, MDL No. 1371 (E.D. La.), where in 2006 the court denied class certification after almost all other defendants had settled. In addition to motion practice victories, Joel successfully tried a securities fraud class action to a jury verdict, named by the National Law Journal as one of the top ten trials of the year.

Joel co-chaired for ten years the PLI National Class Action Conference in New York. He is the past chair of the Chicago Bar Association Federal Civil Procedure Committee, past chair of the American Bar Association Securities Litigation Subcommittee on Secondary Liability, and past editor-in-chief of Securities News, the official ABA publication for the Securities Law Committee.

In 2017, Joel was named a BTI “Client Service All-Star.” He is also recommended in Insurance: Advice to Insurers and ERISA litigation in The Legal 500 US 2014–2017, and has been recognized as a “Best Lawyer” in the 2014–2017 editions of The Best Lawyers in America in Insurance Law.


Based in A.B. Data’s Milwaukee, Wisconsin headquarters, Eric works closely with the client services team to develop and expand on strategies of administration for each case. With more than 15 years’ experience, he provides A.B. Data with in-depth knowledge that pushes the envelope to stay ahead of the curve of this ever-changing industry. 

Eric has successfully managed many high profile class action settlement administrations, with specific expertise in securities, antitrust and consumer class action settlements. Some of the more prominent administrations he has directed include:

  • Kleen Products LLC et al., v. International Paper, et al. ($354 million settlement)
  • Wyatt v. El Paso ($250 million settlement)
  • Minneapolis Firefighters’ Relief Association v. Medtronic, Inc. ($85 million settlement)
  • The Department of the Treasury of the State of New Jersey and its Division of Investment v. Cliffs Natural Resources Inc., et al ($84 million settlement)
  • In re Mutual Funds Investment Litigation – Alliance Sub-Track ($74 million settlement)
  • In re: Capacitors Antitrust Litigation (over $50 million in settlements)
  • In re NII Holdings, Inc., Securities Litigation ($42 million settlement)
  • Forsta AP-Fonden, et al. v. St. Jude Medical, Inc., et al. ($39 million settlement)
  • In re Facebook, Inc., IPO Securities and Derivative Litigation (($27 million settlement)
  • Shannon Mahoney v. Endo Health Solutions, Inc. et al. ($16 million settlement)

Eric has also joined in the development of many technological advances and achievements within A.B. Data, concentrating on productivity, accuracy and above all else, what is best for A.B. Data’s clients. The CLE program, “Innovations to Enhance & Energize the Notice, Claims & Fund Distribution Process,” was developed by Eric and he has shared it with dozens of attorneys to provide insight on notice and claims administration best practices.

Eric is a highly regarded speaker and testifying expert on class action administration matters. He has provided testimony to courts in support of class action notice programs and related matters in dozens of cases and is a regular participant and speaker at industry events and conferences.

He has a Bachelor’s degree in sociology from Syracuse University, and earned his law degree at Hofstra University School of Law. Prior to joining the notice and claims administration field, Eric litigated securities and antitrust class actions with Labaton Sucharow LLP in New York.

 

 


Natalie Finkelman Bennett practices in the Firm’s Philadelphia area office. She concentrates her practice on antitrust and consumer litigation, and also has significant experiencing representing clients in a wide variety of wage/hour, defective product, qui tam, and unfair trade practices cases. Ms. Finkelman currently serves as a co-lead in Riaubia v. Hyundai Motor America (E.D.Pa.) (defective product), Reed v. Bayada Home Health Care, Inc. (Phila. C.C.P.) (wage and hour litigation), Wilson v. AAA South Jersey Inc. (N.J.Super.) (false advertising).  SFMS and Ms. Finkelman served as a co-lead counsel in a vigorously contested MDL against Caterpillar, Inc., In re: Caterpillar, Inc., C13 and C15 Engine Products Liability Litigation, MDL No. 2540 (D.N.J.), and also currently serve as co-lead counsel on several additional cases involving defective emissions technology, including Q+Food v. Mitsubishi Fuso Truck of America, Inc. (D.N.J.), B.K. Trucking, Co. v. Paccar, Inc., et.al. (D.N.J.); and McDermott v. Cummins, Inc., (D.N.J.).  Ms. Finkelman was a member of the executive committee in In re Nexium (Esomeprazole) Antitrust Litig. (D. Mass.) the first pay-for-delay action that went to trial after Actavis, and is also currently a member of the Executive Committees of In re Suboxone Antitrust Litig., (E.D. Pa.), In re Aggrenox Antitrust Litig., (D. Conn.), and In re Niaspan Antitrust Litig. (E.D. Pa.). 

Ms. Finkelman earned her undergraduate degree from the Pennsylvania State University (high honors) and earned her law degree from the Temple University School of Law (high honors). After clerking for former Chief Judge Farnan of the United States District Court for the District of Delaware, Natalie began working at Schnader Harrison Segal & Lewis. In 1996, Natalie became an associate at the law firm of Mager Liebenberg & White, where her practice was concentrated in antitrust and consumer protection class action litigation. In 1998, Natalie became a founding partner in the law firm of Liebenberg & White before joining SFMS in 2000. She is admitted to practice law in the State of New Jersey, as well as the Commonwealth of Pennsylvania and numerous federal courts, including the United States District Courts for the District of New Jersey and Eastern District of Pennsylvania, and in the United States Courts of Appeal for the First, Third and Ninth Circuits. In addition to these courts and jurisdictions, Natalie has worked on cases with local counsel and co-counsel across the country and worldwide. 

Ms. Finkelman is a member of the American Bar Association. She also is a former member of the Temple American Inn of Court and Pennsylvania Bar Association Commission on Women in the Profession, and has participated in mentoring programs for law school students.  Natalie has presented on numerous panels, including recently for the 2017 American Bar Association Spring Meeting ("Advertising Bargains - Is the Price Right?") and Strafford Webinars (e.g., Class Action Notice Requirements: Leveraging Traditional and Emerging Media to Reach Class Members). 

Ms. Finkelman has also served as a member of the Board of Directors of her synagogue. She resides in Wallingford, Pennsylvania with her family and is active in community affairs and charitable activities in Pennsylvania.


Sharon Robertson is a Partner at Cohen Milstein and a member of the Antitrust practice group.

Ms. Robertson has been repeatedly recognized for her success in leading complex, multi-district antitrust litigation. In 2018, the American Antitrust Institute honored her with its prestigious “Outstanding Antitrust Litigation Achievement by a Young Lawyer” award for her role in securing one of the largest recoveries by end-payors in a federal generic suppression case in more than a decade.  Similarly, The Legal 500 selected her as a “Next Generation Lawyer” (2017 and 2018), an honor bestowed upon only 10 lawyers under 40 years old across the country, who are positioned to become leaders in their respective fields. Likewise, The New York Law Journal recognized her as a Rising Star (2018) – one of only twenty individuals selected to receive this honor. In addition, Benchmark Litigation selected Ms. Robertson for inclusion on its “40 & Under Hot List” (2018) and Law360 named her as one of five “Rising Stars” (2018) in the field of competition law whose “professional accomplishments belie their age”, as did Super Lawyers (2014-2016). Ms. Robertson has also been recognized by Law360 as one of a few female litigators to secure leadership roles in high-profile MDLs, such as In re Lidoderm Antitrust Litigation, (March 16, 2017). 

Ms. Robertson is spearheading the firm’s efforts in cutting-edge and industry-defining pay-for-delay pharmaceutical antitrust lawsuits, which allege that the defendant brand manufacturer entered into non-competition agreements with generic manufacturers in order to delay entry of lower-priced generic products. Ms. Robertson also heads up the firm’s generic price-fixing cases, which allege that certain generic drug manufacturers conspired to inflate the prices of generic drug products.  These cases come on the heels of a government investigation led by the U.S. Department of Justice alleging similar conduct, which, while ongoing, has already resulted in indictments and guilty pleas.

In addition to leading complex MDLs, Ms. Robertson is an accomplished trial lawyer. She served as a trial team member in two of the largest antitrust cases tried to verdict, including In re Urethanes Antitrust Litigation, where the jury returned a $400 million verdict, which was trebled by the Court, as required by antitrust law, to $1.06 billion, resulting in the largest price-fixing verdict in U.S. history, as well as In re Nexium Antitrust Litigation, 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).

Ms. Robertson co-chairs the firm’s Professional Development and Mentoring Committee and serves on the firm’s Diversity Committee. She is also an active member of the Executive Committee for the Antitrust Section of the New York State Bar Association.

While attending law school, Ms. Robertson 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, while 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.

Ms. Robertson graduated from State University of New York at Binghamton, 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.

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.


Howard S. Suskin is a partner in Jenner & Block’s Litigation Department and Co-Chair of the firm’s Securities Litigation Practice and its Class Action Practice.   Mr. Suskin has substantial first-chair experience representing individuals and business entities in civil and criminal securities matters, including class actions alleging securities fraud and misrepresentation claims, derivative actions claiming breach of fiduciary duty, contests for corporate control, insider trading investigations and broker-dealer issues.  He serves as an arbitrator with the American Arbitration Association, and for self-regulatory organizations including the Chicago Board Options Exchange, FINRA and the National Futures Association.  Mr. Suskin is an active member of the ABA Securities Law Committee, including serving as Co-Chair of the Class and Derivative Actions Subcommittee.  Mr. Suskin currently serves as General Counsel for the Chicago Bar Association (CBA), and served previously as a member of the CBA’s Board of Managers and as Chairman of the CBA’s Class Action Committee, Bench & Bar Committee, Financial & Investment Services Committee and Securities Law Committee.   Mr. Suskin is a member of the Advisory Board of Board IQ, a Financial Times publication, and The Deal, has served as a member of the Securities Editorial Advisory Board of Law360, and serves on the faculty of Practising Law Institute.  He has lectured extensively and has published numerous treatises and articles on issues relating to arbitrations, class actions and securities law, including serving as editor and co-author of the West Publishing Illinois Civil Litigation Guide, Moore’s Federal Civil Motion Practice and Pretrial Civil Litigation, the Illinois Institute of Continuing Legal Education Treatise on Class Actions, and the ABA’s Annual Survey of State Class Action Litigation.  Members of the Leading Lawyers Network have consistently recognized Mr. Suskin’s work in several areas including class actions, commercial litigation, alternative dispute resolution, and securities and venture financing law.  He has been named one of the “Best Lawyers in America” for commercial litigation, and has been recognized eight times as a “Top 100 Illinois Super Lawyer.”  Mr. Suskin graduated from Northwestern University with distinction, where he was elected to Phi Beta Kappa, and obtained his J.D. degree with honors from the University of Michigan Law School, where he was a member of the Michigan Law Review.


Jayne Arnold Goldstein joined Shepherd Finkelman Miller & Shah LLP in January 2017 in the Firm's Ft. Lauderdale, Florida office. She brings to SFMS her expertise in representing individuals, businesses, institutional investors and labor organizations in a variety of complex commercial litigation, including violations of federal and state antitrust and securities laws and unfair and deceptive trade practices. Ms. Goldstein was lead counsel in In re Sara Lee Securities Litigation, and has played a principal role in numerous other securities class actions that resulted in recoveries of over $100 million. She is currently serving as co-lead counsel for indirect purchasers in In re Actos Antitrust Litigation, as well as serving on the executive committee of four other pay for delay pharmaceutical antitrust cases. She is a member of the Plaintiffs' Steering Committee in In re Generic Pharmaceuticals Pricing Antitrust Litigation. Ms. Goldstein was co-lead counsel for indirect purchasers and served as a member of the trial team in In re Nexium Antitrust Litigation, the first reverse payment case to go to trial after the United States Supreme Court's decision in F.T.C. v. Actavis, Inc. In addition, Ms. Goldstein served on the discovery team in In re OSB Antitrust Litigation (E.D. Pa.) and was allocation counsel in McDonough v. Toys "R" Us, Inc. et al. (E.D. Pa). Ms. Goldstein has served as class counsel in a wide variety of consumer class litigation, including Gemelas v The Dannon Company, which resulted in the biggest settlement ever against a food company; Weiner v. Beiersdorf North America Inc. and Beiersdorf, Inc. (D. Conn.) (co-lead); Messick v. Applica Consumer Products, Inc. (S.D. Fla.) (co-lead); and Leiner v. Johnson & Johnson Consumer Products, Inc. (N.D. Ill.) (co-lead).

Ms. Goldstein began her legal career, in 1986, with a wide-ranging general practice firm in Philadelphia. In 2000, she was a founding shareholder of Mager & White, P.C. and opened its Florida office, where she concentrated her practice on securities, consumer and antitrust litigation. In 2002, the firm became Mager White & Goldstein, LLP. In 2005, Ms. Goldstein was a founding partner of Mager & Goldstein LLP. Most recently, she was a partner at Pomerantz LLP.

Ms. Goldstein, a registered nurse, received her law degree from Temple University School of Law in 1986 and her Bachelor of Science (highest honors) from Philadelphia College of Textiles and Science.

Ms. Goldstein is a member the Florida Public Pension Trustees Association and the Illinois Public Pension Fund Association. Ms. Goldstein is a contributor to a book published by the American Bar Association, The Road to Independence: 101 Women's Journeys to Starting Their Own Law Firms. She resides in Delray Beach, Florida with her family. She is active in community affairs and charitable work in Florida, Illinois and Pennsylvania.

Since 2010, Ms. Goldstein served as co-chair of P.L.I.'s Class Action Litigation Strategies Annual Conference held in New York. In January 2017 Ms. Goldstein chaired P.L.I.'s new program Women Lawyers in Leadership, a program she developed. Ms. Goldstein has been a frequent speaker at Public Pension Fund Conferences having recently appeared on Panels at the Florida Public Pension Trustees' Association and Illinois Public Pension Fund Association.

She is admitted to practice law in the Supreme Court of the United States, the State of Florida, as well as in the Commonwealth of Pennsylvania, State of Illinois and numerous federal courts, including the United States District Courts for the Southern, Northern and Middle Districts of Florida, the Eastern District of Pennsylvania, the Northern District of Illinois, the United States Courts of Appeal for the First, Second, Third, Seventh and Eleventh Circuits. In addition to these courts and jurisdictions, Ms. Goldstein has worked on cases with local and co-counsel throughout the country and worldwide.