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Expert Witness 2021


Speaker(s): Adrienne K. Eason-Wheatley, Brian A. Herman, David I. Miller, Deborah A. Elman, Jennifer Marietta-Westberg, Justin Anderson, Katherine M. Sinderson, Robin Nunn, Sheila S. Boston
Recorded on: May. 24, 2021
PLI Program #: 306080

Katie is involved in several the firm’s practice areas, including securities fraud, corporate governance, and advisory services. Most recently, Katie led the teams that recovered $74 million in the securities class action against SunEdison and $50 million in the securities class action against FleetCor Technologies.

Katie played a key role in two of the firm’s largest cases, both of which settled near trial for billions of dollars on behalf of investors. In In re Merck Securities Litigation, she was a leader of the small trial team that achieved a $1.062 billion settlement. This settlement is the second largest recovery ever obtained in the Third Circuit, one of the top 10 recoveries of all time, and the largest recovery ever achieved against a pharmaceutical company. She was also a member of the trial team prosecuting In re Bank of America Securities Litigation, which resulted in a recovery of $2.425 billion, the single largest securities class action recovery ever resolving violations of Sections 14(a) and 10(b) of the Securities Exchange Act and one of the largest shareholder recoveries in history. Katie was also a leader of the team that led the securities litigation concerning Wilmington Trust, which resulted in a $210 million recovery for the class.  

Katie has also been part of the trial teams in numerous other securities litigations that have successfully recovered hundreds of millions of dollars on behalf of injured investors. She led the team that recovered $74 million in the take-private merger litigation San Antonio Fire and Police Pension Fund et al. v. Dole Food Co. et al., and served as a senior member of the teams that recovered $210 million in In re Salix Pharmaceuticals, Ltd. Securities Litigation, and $216.75 million in In re Washington Mutual Securities Litigation.  Some of her other prominent prosecutions include In re Bristol-Myers Squibb Co. Securities Litigation, which resulted in a recovery of $125 million; and In re Biovail Corporation Securities Litigation, which resulted in a recovery of $138 million and represents the second largest recovery in any securities case involving a Canadian issuer.

Katie’s success has earned her many recognitions, including being named a “Litigation Trailblazer” by The National Law Journal. She has been recognized as a national “Rising Star”  and "Titan of the Plaintiffs Bar" by Law360 for her work in securities litigation and, for each year from 2016-2020, was named to Benchmark Litigation’s “Under 40 Hot List,” which recognizes her as one the nation’s most accomplished legal partners under the age of 40.  She was recently named a 2020 "Rising Star" by the New York Law Journal

Education

  • Georgetown University Law Center, J.D., 2006, Dean's Scholar Full Scholarship Award Recipient; Articles Editor for The Georgetown Journal of Gender and the Law
  • Baylor University, B.A., 2002, Regents Full Scholarship Award Recipient

Admissions

  • New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Southern District of New York
  • U.S. Court of Appeals, Third Circuit


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.


A partner in the Litigation Department, Justin Anderson is a former federal prosecutor and experienced trial and appellate lawyer. He represents clients in a variety of litigation and regulatory matters, including antitrust, securities, and consumer class actions, white collar matters, internal investigations, regulatory enforcement proceedings, and complex business litigation. His clients include, among others, ExxonMobil, Mastercard, WWE, Bloomberg and Performance Sports Group.

Justin previously served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of New York, where he was Deputy Chief of Appeals. During his six years as a federal prosecutor, he led the investigation and prosecution of a wide range of federal crimes, including financial fraud, public corruption, identity theft, cybercrime, and money laundering. Justin conducted 14 criminal trials, including multiple high-profile public corruption matters and complex white collar cases. For his work on one of those matters, he received the John Marshall Award for Trial of Litigation, the Justice Department’s highest award for trial litigators.

In addition to his successful trial work, Justin is also an accomplished appellate advocate. He recently argued appeals for ExxonMobil in the United States Court of Appeals for the Second Circuit and in the Supreme Judicial Court of Massachusetts. As a federal prosecutor, Justin argued 19 appeals in the Second Circuit and supervised briefing and oral argument in another 80 cases. Addressing questions of first impression, Justin has briefed and argued challenges to the Government’s power to compel the disclosure of emails stored abroad, the extraterritorial reach of securities fraud prosecutions, personal jurisdiction over nonresident corporations, and viewpoint discrimination in the exercise of state power.

In 2019, Justin was named one of the “Litigators of the Week” by The American Lawyer for his work on behalf of ExxonMobil in a landmark $1.6 billion climate-change lawsuit brought by the N.Y. Attorney General’s office.

Justin was the Editor-in-Chief of the Yale Journal on Regulation. Before entering law school, he was a vice president at an investment bank.

 


Adrienne Eason-Wheatley is Managing Counsel for The Bank of New York Mellon, where she provides pre-litigation, strategic guidance to senior executives and manages civil litigation matters arising from all of the bank’s major business lines, including asset servicing, corporate trust, capital markets, securities finance, treasury services, investment management, and wealth management. She also serves as the managing counsel for a series of FINRA arbitrations against broker-dealer Pershing LLC.

Prior to joining BNY Mellon, Adrienne was a litigation partner at Latham & Watkins, where she advised C-Level executives and successfully litigated high-stakes, multi-billion dollar cases – including through mediation, arbitration, trial and appeal in state and federal courts – for Fortune 500 companies, private entities, boards of directors, board committees, and individuals in the United States, Europe, Asia, the Middle East and South America. She began her career representing global clients on strategy and litigation matters at Cravath, Swaine & Moore and Weil, Gotshal & Manges.

Adrienne graduated with high honors from Princeton University, with honors from the Kennedy School of Government at Harvard University, and with honors from Harvard Law School. She has served on the Board of Trustees for Princeton University, on the Board of Directors for New York Lawyers for the Public Interest, as Vice-Chair of the City Bar Association’s Committee on Recruitment and Retention, and as a member of the Federal Courts Committee, where she chaired the subcommittee responsible for publishing a handbook on Appeals in the Second Circuit. Adrienne is deeply committed to pro bono work and to mentoring young attorneys.

 


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.

 


Robin Nunn has a wealth of experience gained in private practice as well as working in-house for Fortune 500 companies. Robin is a co-leader of the firm’s banking industry team and has a winning track record defending Fortune 500 companies as lead counsel in high-profile enterprise litigation nationwide. Robin assists clients in the areas of commercial litigation, strategic counseling, and crisis management.  Robin’s practice focuses on complex civil litigation, enforcement litigation, white collar defense, transactional due diligence, creation and review of corporate compliance programs, and investigations. She also counsels on novel issues connected to new communication technologies, blockchain, cryptocurrencies, payments, artificial intelligence, and big data.

Robin has handled high-stakes cases on behalf of a wide range of clients, including banks, financial services firms, fintech companies, pharmaceutical companies, technology companies, and private equity firms in connection with civil trials and hearings, regulatory investigations and enforcement proceedings, state licensing, product development, regulatory compliance, examination, transactional matters, False Claims Act investigations, antitrust disputes and consumer protection lawsuits.

She also has experience in the statistical review and analysis of data and design and implementation of corporate compliance programs. She advises on privacy, cybersecurity, breach investigation, breach reporting and breach responses, and has assisted clients on compliance with the Truth in Lending Act (TILA)/Reg. Z, Equal Credit Opportunity Act (ECOA)/Reg. B, Truth in Savings Act (TISA), Home Mortgage Disclosure Act (HMDA), Fair Credit Reporting Act (FCRA)/Reg. V, Electronic Fund Transfer Act (EFTA)/Reg. E, Gramm–Leach–Bliley Act (GLBA), Fair Debt Collection Practices Act (FDCPA), Real Estate Settlement Procedures Act (RESPA), Servicemembers Civil Relief Act (SCRA), Unfair, Deceptive, or Abusive Acts or Practices Act (UDAAP), Community Reinvestment Act (CRA), Bank Secrecy Act (BSA), USA PATRIOT Act, Federal Trade Commission Act, Reg. K, Reg. O, Reg. W, Reg. Y, state money transmitter laws, state licensed lender laws, state unclaimed property laws, state prepaid access laws, and other federal and state laws and regulations.

 Robin has also represented individuals and institutions before a number of US agencies, including the Consumer Financial Protection Bureau (CFPB), US Department of Justice, US Department of Housing and Urban Development (HUD), Federal Trade Commission, Federal Reserve Board (FRB), Federal Deposit Insurance Corporation (FDIC), and Office of the Comptroller of the Currency (OCC), as well as state attorneys general and state banking regulators. She is often called on by the national media for commentary.

Robin is committed to creating and sustaining open, equal, collaborative, innovative, and inclusive environments throughout the world. She maintains an active pro bono and diversity and inclusion practice, and has been awarded a Pro Bono Publico Award for her representation of immigrant adults and children and led a prisoner rights case which led to the reversing of a wrongful dismissal in McPeek v. Blanchard (8th Circuit).

Before joining Morgan Lewis, Robin served as in-house counsel with two Fortune 500 companies. In those roles, she established and executed legal strategies for the company’s legal department, including on lawsuits and enforcement matters. She also counseled internal clients on legal issues across the business, including on cybersecurity, breach response, product design and launch, regulatory compliance, corporate governance, credit, operations, underwriting, and risk in a broad range of products including financial services, credit card, mortgage, auto, broker-dealer, and banking.


With a focus on financial institutions, Brian A. Herman counsels clients in civil and class action litigation in US state and federal court, and in arbitrations. He represents banks, broker-dealers, hedge funds, private equity funds, investment advisers, public companies, 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.