Speaker(s): Brian A. Herman, David I. Miller, Deborah A. Elman, Jennifer Marietta-Westberg, Larry L. Turner, Sheila S. Boston, Winston M. Paes, Zoe F. Feinberg Recorded on: May. 27, 2020
PLI Program #: 276179
View Program on PLI.edu
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.
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 2014Lifetime 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.
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.
A seasoned trial lawyer and former federal prosecutor, David I. Miller practices in the areas of white collar criminal defense, government and internal investigations, securities and commodities enforcement, related complex civil litigation, cryptocurrency, and national security. Previously, David served for five years as an Assistant US Attorney in the Southern District of New York (SDNY), over half that time as a member of the Securities and Commodities Fraud Task Force. He also served as a terrorism prosecutor with the Department of Justice in Washington, DC, as a Special Assistant US Attorney in the Eastern District of Virginia, as an Assistant General Counsel for the Central Intelligence Agency, and as a securities and commercial litigation attorney in private practice.
David has more than two decades of litigation experience, including in white collar criminal defense; securities and commodities litigation and enforcement proceedings; corporate internal investigations (including those implicating the Foreign Corrupt Practices Act); complex commercial litigation; Bank Secrecy Act and anti-money laundering issues; cryptocurrency issues; forfeiture litigation; compliance counseling; and national security matters. David has conducted 10 jury and bench trials, several of which were multi-defendant trials, including securities and accounting fraud trials, with guilty verdicts secured for nearly all defendants on all counts. As an appellate advocate, David has briefed and argued several appeals before the US Court of Appeals for the Second Circuit. The Legal 500 US notes that David has been praised by industry insiders for his “sharp mind, strategic thinking and client-focused advice,” and he has been recognized as a New York Super Lawyer in the area of white collar criminal defense.
As an Assistant US Attorney in SDNY’s Securities and Commodities Fraud Task Force, David was responsible for investigating and prosecuting a wide range of securities and commodities fraud offenses, including insider trading, investment adviser fraud, offering fraud, accounting fraud, options backdating, market manipulation, reverse mergers, credit default swap schemes, hedge fund improprieties, and Ponzi schemes. David handled multiple insider trading matters and was part of a team of prosecutors leading the government’s investigation and prosecution of Operation Perfect Hedge, which has resulted in the conviction of more than 80 individuals for insider trading offenses since 2009. As part of his duties, he worked closely with, and coordinated parallel civil enforcement proceedings with, the SEC, CFTC, FINRA, and other regulatory agencies. While David was an Assistant US Attorney, he also prosecuted numerous other criminal offenses, including bank, mail, wire, healthcare, and tax fraud; credit card fraud and identity theft; money laundering; obstruction of justice and false statements; terrorism offenses; export control violations; and narcotics, firearms, and robbery offenses. Additionally, he has experience with asset forfeiture issues, having litigated several criminal and civil forfeiture proceedings.
David previously served as a terrorism prosecutor with the US Department of Justice’s Counterterrorism Section in Washington, DC, where he investigated and prosecuted several high-profile terrorism-related cases through trial. He also served as a Special Assistant US Attorney in the Eastern District of Virginia, where he investigated and prosecuted white collar, firearms, narcotics, and gang-related offenses through trial. David’s career includes his time as an Assistant General Counsel for the Central Intelligence Agency, where he litigated and prosecuted cases on the CIA’s behalf (including classified and state secrets matters); was the assigned CIA representative to the prosecution team in United States v. I. Lewis (“Scooter”) Libby (D.D.C.); regularly advised senior CIA officials; and represented the CIA at high-level, interagency meetings implicating sensitive national security issues. Before joining government service in 2005, David spent six-and-a-half years as a securities, complex commercial and bet-the-company litigator with two large law firms in New York.
David’s experience in defending allegations of financial, securities, and commodities fraud is invaluable for clients—including broker-dealers, hedge funds, private equity funds, investment companies and advisers, banks, and public and private companies—facing risks of government investigation, regulatory enforcement, and related civil litigation, as well as other matters that require internal investigations, including Foreign Corrupt Practices Act and Bank Secrecy Act/Anti-Money Laundering compliance. To this end, David represents clients before DOJ, several US Attorney's Offices, SEC, CFTC, FINRA and other self-regulatory organizations, state attorneys general offices, and other state regulators and enforcement authorities. He is also an asset for clients facing issues implicating digital currencies, national security, international clients doing significant business in the United States, and clients with cybersecurity and privacy-related issues. David is also a technical advisor for a popular television drama series.
Larry L. Turner focuses on counseling and litigation involving trade secret protection, restrictive covenants, and various employment matters involving independent contractor issues as well as discrimination, harassment, and wrongful termination claims. Co-leader of the Morgan Lewis Unfair Competition and Trade Secrets Taskforce, he advises clients on trade secret protection strategies and restrictive covenants and has served as lead trial counsel in numerous litigation actions across the country to enforce and challenge noncompete, nondisclosure, and nonsolicitation agreements as well as trade secret and various types of employment matters. Larry counsels employers on corporate diversity initiatives, including best practices and litigation avoidance.
Larry tries cases in US state and federal courts involving unfair competition claims; claims under Title VII of the Civil Rights Act, state antidiscrimination laws, and the Fair Labor Standards Act (FLSA); as well as commercial and catastrophic personal injuries cases. He works extensively with pharmaceutical and medical device companies, as well as companies in the financial services industries.
A frequent speaker, his topics include enforcing and challenging noncompete covenants, misappropriation of trade secret claims, independent contractor issues, and avoiding risks associated with diversity programs. Larry also serves as an adjunct professor at Villanova Law School for the Fall 2019 semester, lecturing on trade secrets 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.
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)
Clerkship to Justice Ruth Abrams of the Supreme Judicial Court of Massachusetts (1998 - 1999)
Zoe Feinberg is an Executive Director and Assistant General Counsel at JPMorgan Chase Bank, N.A. Zoe is a member of JPMorgan’s Litigation Group focusing on consumer litigation, with a particular concentration on residential mortgages. Prior to joining JPMorgan, Zoe was a Director and Counsel at Credit Suisse Securities (USA) LLC, managing litigations in the Investment Banking, Asset Management and Private Banking divisions. Prior to moving in-house, Zoe practiced complex commercial litigation with an emphasis on securities litigation at Bingham McCutchen, LLP, McKee Nelson LLP and Reed Smith, LLP. Zoe received a Bachelor of Arts degree in Political Science from LaSalle University and her Juris Doctor from New York Law School.
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.