Skip to main content

Class Action Litigation 2021


Speaker(s): Adam S. Zimmerman, David G. Keyko, Hon. Eileen M. Brewer (ret.), Howard S. Suskin, Jayne A. Goldstein, Jonathan Stein, Lauren McGeever, Maeve L. O'Connor, Nathan C. Zipperian, Precious S. Jacobs-Perry, Sharon Robertson
Recorded on: May. 26, 2021
PLI Program #: 306103

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 a trustee of the Association and is the chair 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.


Maeve O’Connor is a litigation partner whose practice focuses on securities litigation, shareholder litigation and complex commercial matters.  She represents public and private companies as well as their boards and officers in high stakes litigation and regulatory matters around the country.  She is Co-Chair of the firm’s Securities Litigation Practice and she spent six years as a member of the firm’s Management Committee.

Maeve is recognized as a leading lawyer by Chambers USA and The Legal 500 US. She is also recognized as a "Litigation Star" and as one of the "Top 250 Women in Litigation" in the IFLR Benchmark Litigation Guide.  She is a co-author of Takeovers: A Strategic Guide to Mergers & Acquisitions (Wolters Kluyer Law & Business).

Prior to joining Debevoise, Maeve served as a Law Clerk to the Honorable H. Lee Sarokin, U.S. Court of Appeals for the Third Circuit. Ms. O’Connor received her J.D. from Yale Law School and her B.A. magna cum laude from Harvard University, where she was elected to Phi Beta Kappa.


Adam Zimmerman is a Professor of Law at Loyola Law School, Los Angeles, where he teaches Tort Law, 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 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.


Current Role

Jonathan Stein is a director for the class action and claims solutions business unit at Epiq.  In his current role, he is responsible for developing and maintaining attorney and corporate client relationships, providing consultative guidance and operational leadership on project solutions, preparing responses to requests for proposals, and implementing notice and settlement administration programs for complex litigation and corporate remediation matters.

He is also an attorney with nearly 25 years of prosecutorial and private practice experience who leverages his in-depth knowledge of consumer, securities, derivative, and commercial litigation and legal notice trends to inform our administration process and achieve efficient, streamlined and cost-effective results for our clients.

Stein’s extensive experience litigating consumer fraud cases includes several of the largest food-related consumer litigation settlements involving allegations of unfair or misleading marketing practices. For these cases and others, and as a client, Jon employed his extensive knowledge of sophisticated and tailored media strategies to maximize the reach and effectiveness of the legal notice component of settlement administration.  

Previous professional Experience

Jon began his legal career as a prosecutor in the State Attorney’s Office for the 17th Judicial Circuit of Florida. He then transitioned into defending against insurance fraud, and spent several years handling insurance and commercial litigation matters. Over the past two decades, Jon practiced law at several high-profile law firms, including Robbins Geller Rudman & Dowd LLP, Saxena White PA, and his own class action firm, where he represented plaintiff consumers and shareholders in complex litigation, including class action and derivative suits valued in the hundreds of millions of dollars.

Education

Stein received a Bachelor of Science degree in Business Administration from the University of Florida, and a Juris Doctor degree from Nova Southeastern University. He has been a frequent speaker, contributor and moderator at several industry conference and CLE sessions.

 


Hon. Eileen M. Brewer (Ret.) joined JAMS in 2016 as a 28 year veteran of public service to Chicago and Cook County, including 14 years as an Illinois State Court Judge in the Law and Domestic Relations Divisions of the Cook County Circuit Court. Judge Brewer has presided over thousands of civil cases in pretrial and trial stages.  Bar associations have consistently praised Judge Brewer’s scholarship, first-rate legal ability, excellent work ethic, and outstanding judicial temperament.

She has mediated and settled well over a thousand cases and believes that negotiated outcomes offer parties the best chance for resolution on their own terms. Judge Brewer is well known among lawyers for her mediation skills and ability to settle cases that are viewed as unresolvable.  She quickly analyzes complex legal and factual issues, diffuses emotionally charged situations, and gains the trust of clients and lawyers.


Jayne Arnold Goldstein is in the Firm's Ft. Lauderdale, Florida office. She brings to Miller Shah 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, and In re Seroquel Antitrust Litigation as well as serving on the executive committee of four other pay for delay pharmaceutical antitrust cases. She is currently serving as liaison counsel in In re Remicade Antitrust Litigation. She is a member of the Plaintiffs' Steering Committee in In re Generic Pharmaceuticals Pricing Antitrust Litigation. Ms. Goldstein served as a member of the trial team and was co-lead counsel 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 (N.D. Oh.), 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. She was a partner at Pomerantz LLP until December 2016.

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.

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. This program is now a yearly event which she chairs. Ms. Goldstein spoke on March 22, 2019 in Montreal, Canada in a National Class Action Seminar: Recent Developments in Quebec, in Canada, in the United States. Ms. Goldstein has also 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.

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.

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.

 

 


Lauren McGeever is a New York based director for Epiq Class Action and Mass Tort Solutions for both US and UK based clients.  Lauren is responsible for advising on and developing customized solutions for clients’ unique project demands. She provides consultative advice for all aspects of class action administration, from notice planning and implementation through disbursements.

 

CASE EXPERIENCE

In addition to many US class actions settlements over the last 15 years, Lauren also consulted on the Merricks v MasterCard collective action filed with Competition Appeals Tribunal in the United Kingdom as well as the representative action, Lloyd v Google, brought before the Queen’s Bench Division of the High Court of Justice in England, pursuant to the Civil Procedure Rules rule 19.6.  As a former paralegal at class action and mass tort firms, Lauren assisted litigation efforts on cases like the New York Diet Drug Litigation (Fen-Phen), and managed the administration of settlements in securities and consumer class actions and regulatory disbursement funds such as the SEC v Bank of America Fair Fund.

 

SPEAKING EXPERTISE

•         Practicing Law Institute, Class Action Litigation, New York, NY July 9, 2014

•         IIJC Competition Law Conference, London, U.K., November 3, 2015

•         Mass Tort Claims Administration, New York, NY, April 14, 2016

•         Masters of Mass Tort, Cancun, Mexico, January 18, 2017

•         American Antitrust Institute, Washington, D.C., November 7, 2017

•         ABA Class Action Institute, Nashville, TN, October 18, 2019

•         Mass Torts Made Perfect, Las Vegas, NV, October 25, 2019


Nathan C. Zipperian joined Miller Shah LLP in 2021.  Prior to joining Miller Shah, Nathan had been at Shepherd, Finkelman, Miller and Shah, LLP since 2005.  Nathan is admitted to practice law in the States of Arizona, Florida, New Jersey and Oregon, as well as in the Commonwealth of Pennsylvania and numerous federal courts, including the United States District Courts for the Southern and Middle Districts of Florida, the District of Arizona and the United States Court of Appeal for the Second Circuit.  In addition to these courts and jurisdictions, Nathan has worked on cases with local and co-counsel throughout the country and worldwide.

Nathan concentrates his practice on antitrust and consumer class actions, False Claims Act matters and complex commercial and employment matters.  Nathan also has significant experiencing representing clients in a wide variety of corporate governance, securities, construction defect, employment and wage/hour cases.  Finally, Nathan has represented clients in a variety of personal injury and medical malpractice litigation.

Nathan earned his undergraduate degree in Political Science from the University of Oregon and his law degree from the Temple University School of Law.  While at Temple, Nathan was an Editor of the Environmental Law and Technology Journal.  Before joining Shepherd, Finkelman, Miller & Shah, LLP in 2005, Nathan was a litigator in Oregon at Bailey Pinney and Associates, where his practice focused on employee rights, and in Arizona with Martin Hart & Fullerton, where he litigated a wide variety of cases including personal injury, medical malpractice and product liability cases.

Nathan resides with his family in Weston, Florida and is active in the South Florida community.

 


Precious S. Jacobs-Perry is a partner in the Litigation Department of Jenner & Block LLP.  Ms. Jacobs-Perry primarily represents clients in Class Action, Complex Commercial and Bankruptcy Litigation matters.  Ms. Jacobs-Perry also counsels clients on a variety of legal issues related to data privacy.

Ms. Jacobs-Perry has significant experience in a variety of forums, including in state and federal courts across the country in cases involving complex contractual disputes in a variety of industries, including energy, education, insurance, retail, construction services, and financial services.  Ms. Jacobs-Perry has assisted in obtaining significant victories for clients and has served as an integral member of key litigation teams that have been able to successfully defend or settle several complex matters over the years, including successfully defending against multi-million dollar class actions filed in state and federal courts in Illinois.  She also counsels clients on a number of data privacy related issues, specifically in the use of physical security measures to protect highly confidential and proprietary information.  In addition to her diverse litigation and counseling experience, Ms. Jacobs-Perry maintains an active pro bono practice.  She has assisted her pro bono clients with respect to defending against first-degree murder charges, overturning a void regulation utilized by the Illinois Department of Child and Family Services, and obtaining a settlement against a former employer who violated various human and gender rights laws.  

A rising leader in the legal and Chicago community, Ms. Jacobs-Perry is currently a fellow in Leadership Greater Chicago.  She was one of only 50 women recognized by Chicago Lawyer Magazine with its inaugural “Influential Women in Law Award” for her work to mentor and promote other women in the profession and their success in the legal community, and for being a shining example of leadership.  She was also selected as a 2018 fellow for the Leadership Council on Legal Diversity Fellows Program.  She has also received the Chicago Scholars’ 35 Under 35 Award, the National Bar Association’s Young Lawyer’s Division’s Humanitarian Award, the NYU Academic Achievement Program’s Alumni Trailblazer Award and the Family Defense Center’s Major Litigation Award.  Ms. Jacobs was also recognized by Crain’s as one of Chicago’s Notable Women Lawyers.  Prior to joining Jenner and Block, Ms. Jacobs-Perry completed a PILI Fellowship at the Chancery Advice Desk for pro se litigants through the Greater Chicago Legal Clinic (GCLC) and now sits on GCLC’s Board of Directors. 

Ms. Jacobs-Perry received her JD, magna cum laude, from the University of Illinois College of Law, where she also received two Rickert Awards for Excellence in Advocacy and Service.  She also received her Bachelor of Science undergraduate degree, cum laude, from New York University.


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.