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Expert Witness 2020


Speaker(s): 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

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.


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.


An experienced trial lawyer and former federal prosecutor, David I. Miller is a shareholder at Greenberg Traurig and focuses his practice on white-collar criminal defense, government and internal investigations, securities and commodities enforcement, related complex civil litigation, and cryptocurrency, cybersecurity, anti-money laundering, and national security matters. Previously, David served for five years as an Assistant U.S. Attorney in the Southern District of New York (S.D.N.Y.), 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, D.C., as a Special Assistant U.S. Attorney in the Eastern District of Virginia, as an Assistant General Counsel for the Central Intelligence Agency, and as a white-collar, securities, and commercial litigation attorney in private practice. Before joining Greenberg Traurig, David was a partner at another global law firm.

David represents a variety of clients – including banks, broker-dealers, hedge funds, private equity funds, investment companies and advisers, public and private companies, cryptocurrency businesses, senior officers, directors, and managers, and other individuals – facing risks of government investigation, criminal, civil, and regulatory enforcement and prosecution, related civil litigation, and in matters requiring complex internal investigations. David regularly assists clients facing insider trading, market manipulation (including spoofing), accounting fraud, valuation fraud, and other securities/commodities and financial fraud issues; Foreign Corrupt Practices Act and Bank Secrecy Act/anti-money laundering compliance concerns; and issues implicating cryptocurrency, cybersecurity, forfeiture, and national security matters. To this end, David represents clients before federal and state courts, the Department of Justice, US Attorney's Offices, Securities and Exchange Commission, Commodity Futures Trading Commission, self-regulatory organizations, state attorneys general offices, and other regulators and enforcement authorities.

As an experienced trial and appellate litigator with more than two decades of white-collar criminal and financial litigation experience (as both a federal prosecutor and defense lawyer), David represents clients at all stages of litigation through trial and appeal. 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 U.S. 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.” He has been recognized as a New York Super Lawyer in the area of white-collar criminal defense, as a “key lawyer” in Greenberg Traurig’s white collar/corporate investigations and blockchain/fintech practices by The Legal 500, and as a “Future Leader" by Who’s Who Legal.

As an Assistant U.S. Attorney in S.D.N.Y.’s Securities and Commodities Fraud Task Force, David was responsible for investigating and prosecuting a wide range of high-profile 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 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 U.S. Attorney, he also prosecuted numerous other criminal offenses, including bank, mail, wire, health care, 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 DOJ’s Counterterrorism Section in Washington, D.C., where he investigated and prosecuted several high-profile terrorism-related cases through trial. He also served as a Special Assistant U.S. 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 has been recognized for his public service with Department of Justice and Central Intelligence Agency awards, has been selected to the New York “Super Lawyers” list from 2015 through the present, is regularly quoted in the news media, and often appears on television news programs providing expert opinion. David is also a technical advisor for a popular television drama series.


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.

 


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.


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.