Carol Gilden is a Partner at Cohen Milstein Sellers & Toll, PLLC, and a member of the Securities Fraud/Investor Protection practice group. Ms. Gilden represents public pension funds, Taft-Hartley Benefit Funds, private pension funds and high net worth individuals. She is the Resident Partner of the firm’s Chicago office.
Ms Gilden has extensive experience in protecting the rights of investors, including five years of experience as an enforcement attorney in the Securities and Exchange Commission, Midwest Regional Office. Prior to joining Cohen Milstein in 2007, Ms. Gilden worked at the Chicago law firm of Much Shelist, where she headed up the securities class action practice and served as Vice Chair of the Class Action Department. Ms. Gilden has served as co-lead counsel, a member of the Executive Committee and on the litigation teams of many high profile cases.
Ms. Gilden is currently lead counsel in the IntraLinks Holdings Securities Litigation, ITT Educational Services Securities Litigation, Navistar Securities Litigation, Orthofix Securities Litigation, as well as co-lead counsel in derivative cases against Intuitive Surgical and BioScrip Inc. In addition, Ms. Gilden is the lead attorney in the City of Chicago’s pending case against on-line travel companies. Prior notable cases include Ms. Gilden’s role as co-lead counsel in the MF Global Securities case, which settled for $90 million. Her work in the case, which included winning an appeal before the Second Circuit Court of Appeals of the lower court’s dismissal of the case, was singled out for recognition by the National Law Journal in connection with its selection of Hot Plaintiffs’ Firms for 2011. Other recent cases in which she has served as co-lead counsel include the RehabCare merger case (settled for significant deal term changes, disclosure changes and a cash settlement fund), and the Huron Consulting Inc. Securities Litigation, which settled for $40 million (cash plus stock). Among other prior notable cases, Ms. Gilden actively litigated and served on the Executive Committees of the Global Crossing Securities Litigation (settlements of $448 million) and the Merrill Lynch & Co. Research Reports case ($125 million settlement). Further, she served as co-lead counsel in the ML Lee Securities Litigation and Smith Kline Litigation, as well as lead counsel in Pacha, et al. v. McKesson Corporation, et al., a private action which settled for a substantial, confidential sum. She also was liaison counsel and an active litigation team member in the Waste Management Litigation, which settled for $220 million. Under her leadership, her former firm was an active member of the litigation teams in the AOL Time Warner Securities Litigation ($2.5 billion settlement), Salomon Analyst Litigation/In re AT&T ($75 million settlement), and CMS Securities Litigation ($200 million settlement).
In addition to case work, Ms. Gilden speaks at legal conferences around the country on securities litigation and class action law. Ms. Gilden has spoken on such topics as corporate ethics, financial reporting, officer and director liability, pleading standards in securities fraud class actions, the Sarbanes-Oxley Act of 2002, the Private Securities Reform Act of 1995, class certification standards, trends and decisions, Illinois class actions, deferred prosecution agreements, directors and officers insurance risks, advising companies in crisis, settlements, settlement objections and claims administration and the LIBOR scandal and ensuing litigation.
Ms. Gilden also has given presentations regarding the LIBOR scandal and ensuing litigation. Further, she has served as a panelist and/or moderator at Loyola University Chicago School of Law’s Annual Institute for Investor Protection/ILEP on such topics as “Behavioral Economics and State of Mind: Pleading and Proving Scienter in Securities Fraud Cases; “The Effective and Ethical Use of Confidential Witnesses and Whistle Blowers” and “Navigating Alternatives to Securities Fraud Class Actions: State Court Opt-out Litigation”
Ms. Gilden also speaks at investor conferences regarding shareholder rights, corporate governance and regulatory reform. In prior years, she has given talks titled: the “Dodd-Frank Wall Street Reform and Consumer Protection Act - The Implications for Institutional Investors”; “The Power of Your Pension Plan Assets”; “Corporate Governance: The Fiduciary’s Right to Be Heard; the “Overhaul of the U.S. Financial Regulatory System”; “What’s Ahead in Regulatory Reform: Storm Clouds on the Horizon?” and “A New Era Of Regulation: The Three Legged Stool”. She previously served as a panelist at a Vanderbilt Law School symposium on the “Future of Federal Regulation of Financial Markets, Corporate Governance and Shareholder Litigation,” and has spoken at the International Foundation on shareholder rights and proxy voting.
Ms. Gilden has published a variety of scholarly articles and course materials. She has authored and/or co-authored articles published by the National Law Journal, IICLE, the American Bar Association, Illinois Bar Journal, and Practising Law Institute on Class Actions Litigation. She also has been a commentator in the national media on market scandals, recent developments and trends in securities law and high profile securities fraud cases. She appeared numerous times on CNBC, including an appearance on a special segment titled I Want My Money Back where she was described as "one of the top investor advocacy attorneys in the country." Ms. Gilden was featured on various ABC news programs, First Business and BBC World News and has been quoted by prominent publications, including the Associated Press, Bloomberg News, Crain's, Fortune magazine, Dow Jones, Business Insurance and Corporate Legal Times. Ms. Gilden appeared on the cover of Chicago Lawyer in connection with a feature article on The Ebb and Flow of Securities Class Actions.
Ms. Gilden served as the President of the National Association of Shareholder and Consumer Attorneys (NASCAT), the preeminent trade association for securities class action attorneys, from April 2007- April 2009. As President of NASCAT, Ms. Gilden actively worked to promote the interests of investors. Prior to becoming President, Ms. Gilden served as the President-Elect and Treasurer. Ms. Gilden continues to be actively involved in NASCAT and serves on its Executive Committee. Ms. Gilden is a Vice President of the Institute for Law and Economic Policy (ILEP). ILEP is a preeminent think tank with leading academics, and was established to preserve and enhance access to the civil justice system by investors and consumers.
Ms. Gilden has been repeatedly selected as an "Illinois Super Lawyer" (2005-2012) by Law & Politics, which published its selections in Chicago magazine. Only 5 percent of Illinois attorneys are awarded this honor. Ms. Gilden also has achieved the "AV" Peer Review Rating by Martindale-Hubbell.
Ms. Gilden is a graduate of the University of Illinois (B.S., Business Administration, 1979). She graduated with honors from Chicago-Kent College of Law (J.D. 1983) where she was a member of the Chicago-Kent Law Review. Ms. Gilden is admitted to practice in Illinois, the federal district court for the Northern District of Illinois, the United States Circuit Court of Appeals for the Seventh Circuit and the United States Supreme Court, as well as pro hac before other federal and state courts throughout the country.
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. Trials include: representing a plaintiff in a four-week bench trial in federal court in New York concerning a fraudulent scheme to finance the importation of coffee beans, which resulted in a $90 million judgment; a five-week jury trial in federal court in New Jersey concerning an alleged scheme to manipulate world-wide commodity prices; and a four-month bench trial in federal court in Louisiana concerning the finances of a bankrupt oil and gas company. 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 the primary claimant to a $1.5 billion estate in lawsuits filed in several jurisdictions.
Mr. Keyko was named the "New York City Best Lawyers Ethics and Professional Responsibility Law Lawyer of the Year" for 2012 and 2017. 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, and Metropolitan Corporate Counsel, on whose advisory board Mr. Keyko served.
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 MFY Legal Services, Inc., and serving two terms as a member of the Departmental Disciplinary Committee of the First Department. He was Chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York. He chaired the ad hoc committee of the Association that commented on proposed SEC regulations under Section 307 of the Sarbanes-Oxley Act of 2002. He is currently the chair of the Association's Legal Referral Service Committee and is a member of the Association's Professional and Judicial Ethics 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.
Georgene Vairo teaches and writes in the areas of mass tort litigation, class actions, international dispute resolution, federal practice and jurisdiction. She has written Rule 11 Sanctions and the chapters on removal jurisdiction, venue, and multidistrict litigation in Moore’s Federal Practice. In addition to dozens of articles about federal practice and procedure, including most recently Is the Class Action Really Dead? Is that Good or Bad for Class Members?, 64 Emory L.J. 477 (2014); Lessons Learned by the Reporter: Is Disaggregation the Answer to the Asbestos Mess?, 88 Tulane L. Rev. 1039 (2014) ; and What Goes Around, Comes Around; From the Rector of Barkway to Knowles, 32 Univ. Texas Rev. of Litig. 721 (2013), she has published The Complete CAFA: Analysis and Developments Under the Class Action Fairness Act of 2005 (LEXIS 2011), and The Federal Courts Jurisdiction and Venue Clarification Act of 2011: Analysis and Case Law Developments (LEXIS 2013).
Professor Vairo served on the Board of Trustees of the Dalkon Shield Claimants Trust, and as its Chairperson. As Chair, she worked to develop systems for distributing over $3 Billion dollars to over 200,000 claimants. She serves on the editorial board of Moore's Federal Practice, and is the author of two volumes of the Treatise. She also is a member of the Rand Corporation’s Institute for Civil Justice Board of Overseers, and is a member of the American Law Institute. In 2013, she was appointed Reporter to the ABA TIPS Task Force on Asbestos Litigation. She has participated in numerous academic conferences, has lectured widely to the bench and bar at numerous programs of various national and local associations and institutes, and has served as an expert in complex civil litigation cases.
Professor Vairo received her B.A. from Sweet Briar College in Economics, and an M.Ed., with Distinction, in Social Studies from the University of Virginia. She graduated first in her class from Fordham University School of Law. She then served as a law clerk to the Honorable Joseph M. McLaughlin, U.S. Court of Appeals for the Second Circuit (then U.S. District Court for the Eastern District of New York); practiced antitrust law with Skadden Arps Slate Meagher & Flom; and taught at Fordham University School of Law, where she also served for 8 years as Associate Dean. She joined the Loyola Law School faculty in 1995.
Professor Vairo serves as the Vice Chair of and on the Executive Committee of the Board of Directors of Sweet Briar College, and as Vice President and on the Executive Committee of the Museum of Contemporary Art Santa Barbara; she has won national and California bicycle road race and criterion championships; loves sailing, trail running, her golden retrievers, and growing vegetables when it rains in California.
Gregory A. Markel is a nationally known trial lawyer who concentrates his practice on securities litigation, corporate governance litigation, mergers and acquisition litigation and antitrust litigation particularly in bet your company cases.
He has been recognized for years as a leader in the profession by many publications including: LawDragon’s 500 Leading Lawyers in America, and one of the 100 Securities Litigators You Need to Know, one of the Top 100 Lawyers in New York by Super Lawyers, highly ranked by Chambers for Securities Litigation, Benchmark as a National Litigation Star, for outstanding performance by Best Lawyer’s in America, 2013 Lawyer of the Year for Mergers and Acquisition by Best Lawyers, Legal 500 Leading Commercial Litigators, “Best in Class” in the legal profession by BestofUS.com, The International Who’s Who of Commercial Litigators and many others.
Greg is a graduate of Yale Law School, the University of Michigan with an MBA in Finance and Columbia College.
Greg has played a lead counsel role in many high stakes complex litigations on behalf of many leading corporations and financial institutions.
He is a member of the Litigation and Antitrust sections of the American Bar Association; the Federal Bar Council; the City Bar Committee on Securities Litigation; the Securities Industry Association; the New York State Bar Association, Commercial Litigation, a Fellow of the New York Bar Foundation and is a member of the Boards of the Legal Aid Society, the New York County Lawyers Association (NYCLA) and Junior Achievement of New York.
JOEL S. FELDMAN is a Global Coordinator for Sidley’s Financial Services/Consumer Class Action Practice Team, a group of over 40 litigators nationwide.
Mr. Feldman has served as lead defense counsel in over 85 class actions venued in over 30 federal and state courts throughout the United States. These class actions have covered ERISA benefit plans, annuities, life insurance, health benefits and health coverage, service warranties, TCPA, California 17200 claims, and other consumer claims.
Mr. Feldman has won, through motion practice, a series of precedent setting class actions. Most recently, he served as lead counsel in winning the only complete class certification denial (Rowe v. Bankers, N.D. Ill.) and only complete summary judgment victory (Kennedy v. Jackson National, N.D. Cal.) amid the myriad of senior citizen annuity class actions. He has also served as lead counsel in the only ERISA revenue sharing class actions wherein courts have denied class certification (Ruppert v. Principal, S.D. Iowa) and granted summary judgment (Leimkuehler v. American United Life, S.D. Ind., 7th Circuit). He served as lead counsel in the first summary judgment victory among the many retained asset class actions (Rabin v. MONY, S.D. N.Y), and won the denial of class certification in a cost of insurance class action, wherein numerous other defendants in similar class actions had settled (Gregurek v. United of Omaha, C.D. Cal.). Mr. Feldman also served as lead counsel in In re Industrial Life Insurance Litigation, MDL No. 1371 (E.D. La.), where in 2006 the court denied class certification after almost all other defendants had settled.
In addition to motion practice victories, Mr. Feldman successfully tried a securities fraud class action to a jury verdict, named by the National Law Journal as one of the top ten trials of the year.
Mr. Feldman co-chaired from 1998-2009 the PLI National Class Action Conference in New York. Mr. Feldman has authored numerous class action articles, including:
“Wal-Mart’s Lasting Rule 23(b)(3) Impact: Establishing Strict Evidentiary and Burden of Proof Standards for Class Certification,” BNA Class Action Litigation Report, v. 13 at 1270 (November, 2012).
“Evolving Use of Experts in Class Certification Proceedings,” BNA Class Action Litigation Report, v. 12 at 569 (June, 2011).
“Evidentiary & Burden of Proof Standards for Class Certification,” BNA Class Action Litigation Report, v. 11 at 536 (June, 2010).
Mr. Feldman is a 1974 graduate of Oberlin College and a 1979 graduate of the Georgetown University Law Center, where he served as Case and Note Editor for the Georgetown Law Journal. Upon graduation, Mr. Feldman clerked for the Honorable Thomas Aquinas Flannery, of the United States District Court for the District of Columbia.
Keith M. Fleischman, is a nationally recognized litigator and trial lawyer having successfully investigated, litigated and tried to verdict some of the largest and most complex civil and criminal cases in the country. Keith is currently the principal at Fleischman Law Firm, PLLC, a litigation boutique he founded in Manhattan over six-years ago. Keith’s practice presently focuses on representing public and private companies, financial institutions, and institutional and individual investors in connection with the prosecution and defense of complex financial and commercial litigation on a national scale.
Keith began his legal career with the Bronx District Attorney’s Office. In 1988, Keith joined the United States Department of Justice, Criminal Division, Fraud Section as a trial lawyer. During his tenure, he supervised international undercover operations involving counterfeiting, money laundering and passport fraud. As a member of the Dallas Bank Fraud Task Force, he successfully tried to verdict several of the largest criminal prosecutions brought by the government during the Savings and Loan Crisis, including serving as the chief federal prosecutor in a two year investigation that culminated in a four month trial.
In 1990, Keith accepted a position as an Assistant United States Attorney in the District of Connecticut, where he was in charge of financial fraud, originated the Connecticut Bank Fraud Working Group and was a member of the New England Bank Fraud Task Force Coordinating Committee. As an AUSA, he successfully investigated and prosecuted major financial, violent and white-collar violations.
After leaving the government, Keith spent eleven years at the national plaintiffs’ firm Milberg, Weiss, where he rose to Senior Managing Partner and established himself as one of the premier plaintiffs’ lawyers in the country. During this period, Keith litigated and negotiated to settlement numerous high profile individual and class actions. Prior to founding the Fleischman Law Firm in 2011, Keith served as a Director in the New York office of Grant & Eisenhofer, litigating high profile complex lawsuits including class actions.
Keith has been a trial practice instructor at the Trial Practice Institute of the U.S. Justice Department, and served for ten years as co-chairman of the Practicing Law Institute’s annual conference on class actions. He has lectured in the United States, Canada and Europe on the investigation, litigation and prevention of securities and financial fraud.
Sidney S. Liebesman is a partner in the Litigation Department at Montgomery McCracken. His practice focuses on complex commercial and business litigation, shareholder derivative litigation, and class action litigation involving shareholder rights and securities fraud. Mr. Liebesman has represented many U.S. and foreign institutional investors, including some of the largest institutional investors in the world. Mr. Liebesman played major roles prosecuting many high-profile securities fraud civil actions, including In re Tyco International, Ltd. Securities Litigation which settled for $3.2 billion, In re Enron Corp. Securities Litigation, In re WorldCom, Inc. Securities Litigation and In re Global Crossing Ltd. Securities Litigation which settled for nearly $450 million. In the Delaware Court of Chancery, Mr. Liebesman has handled matters involving a range of corporate law issues, including stockholder challenges to corporate mergers and acquisitions, requests for the appointment of temporary receivers, fiduciary duties, indemnification of corporate directors for litigation expenses and stockholders' demands for inspection of corporate and partnership books and records.
Mr. Liebesman has appeared before tribunals and conducted depositions in Europe, Singapore and Australia. He played a central role in the landmark Pan-European settlement of securities claims under Dutch law involving Royal Dutch Shell where he represented dozens of financial institutions located throughout Europe. The settlement was then a first of its kind in the Amsterdam Court of Appeals and has been the topic of many conferences and legal journals.
Before attending law school, Mr. Liebesman was a police officer with the New Castle County, Delaware Police Department, where he investigated criminal offenses, served on the Department's Emergency Response Team and received many commendations from the Department and civilian organizations.
Selected Speaking Engagements
Mr. Vasquez holds a B.S. in Business Administration with an emphasis in Finance from California State University, Sacramento.
Natalie Finkelman Bennett joined Shepherd Finkelman Miller & Shah LLP in 2000. She is admitted to practice law in the State of New Jersey, as well as the Commonwealth of Pennsylvania and numerous federal courts, including the United States District Courts for the United States District Courts for the District of New Jersey and Eastern District of Pennsylvania, and in the United States Courts of Appeal for the Third and Ninth Circuit. In addition to these courts and jurisdictions, Natalie has worked on cases with local and co-counsel across the country and worldwide.
Natalie concentrates her practice on antitrust and consumer and insurance litigation, as well as complex commercial matters. She also has significant experiencing representing clients in a wide variety of employment benefit, wage/hour, defective product and unfair trade practices cases.
Natalie earned her undergraduate degree magna cum laude from the Pennsylvania State University in 1986 and was elected a member of Phi Beta Kappa Honor Society. Natalie earned her law degree magna cum laude from the Temple University School of Law in 1989. She served as the Managing Editor of the Temple Law Review. After clerking for former Chief Judge Farnan of the United States District Court for the District of Delaware, Natalie began working in private practice at Schnader Harrison Segal & Lewis in 1990. At Schnader, she practiced in many areas of complex commercial litigation, including product liability, insurance coverage and defense, antitrust, contract and commercial lease matters. In 1996, Natalie became an associate at the law firm of Mager Liebenberg & White, a well-known firm that specialized in class actions, where her practice was concentrated in antitrust and consumer protection class action litigation. In 1998, Natalie became a Partner in the law firm of Liebenberg & White.
Natalie is a member of the American Bar Association, Pennsylvania Bar Association, Philadelphia Bar Association and the National Association of Consumer Advocates. She also is a former member of the Pennsylvania Bar Association Commission on Women in the Profession and the Temple American Inn of Court. She resides in Wallingford, Pennsylvania with her family and is active in community affairs and charitable activities.
To learn more about SFMS and for biographies of all of its professionals, please visit our website at www.sfmslaw.com.
Richard Rollo, a director of Richards, Layton & Finger in Wilmington, Delaware, focuses his practice primarily on representing Delaware entities, their directors and other constituencies in corporate litigation in the Delaware Court of Chancery, handling matters such as shareholder class actions and derivative suits, contested shareholder elections and contested mergers and acquisitions. He also advises his clients on electronic discovery issues in complex litigation. An author and speaker on topics related to e-discovery and Delaware corporate law, Mr. Rollo has been recognized in The Legal 500, The Best Lawyers in America, Super Lawyers, and as a Delaware Today Top Lawyer.