HomeMy WebLinkAboutCC.13 Kaplan Fox & Kilsheimer LLPCOUNTY OF HAWAI‘I
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 Hilo, Hawai‘i 96720 Phone (808) 961-8251 Fax (808) 961-8622
Hawai`i County is an Equal Opportunity Employer and Provider
Mitchell D. Roth
Mayor
Elizabeth A. Strance
Corporation Counsel
J S. Yoshimoto
Assistant Corporation
Counsel
July 26, 2023
Via Electronic Mail only
Frederic S. Fox
Kaplan Fox & Kilsheimer LLP
800 Third Avenue
New York, New York 10022
ffox@kaplanfox.com
Dear Mr. Fox:
Re: Fiscal Year 2023-24 Professional Services: Statement of Qualifications (SOQs)
Thank you for submitting your firm’s Statement(s) of Qualifications for providing
professional services to the Office of the Corporation Counsel, County of Hawai‘i.
Based upon the information provided, the Department’s review committee has
determined that your firm is qualified to perform services for the following category(ies):
CC.1) Attorney/Law (Civil Rights Defense)
CC.2) Attorney/Law (General Personal Injury Defense)
CC.3) Attorney/Law (Criminal Defense of County Employees)
CC.4) Attorney/Law (General defense in civil matters, including
administrative proceedings)
CC.5) Attorney/Law (Federal and State Tax)
CC.6) Attorney/Law (Worker's Compensation)
CC.7) Attorney/Law (Constitutional)
CC.8) Attorney/Law (Public Sector Employment)
CC.9) Attorney/Law (Public Financing)
CC.10) Attorney/Law (Drafting of Legislation and Administrative Rules)
CC.11) Attorney/Law (Real Estate)
CC.12) Attorney/Law (Land Use, Planning)
CC.13) Attorney/Law (Class Actions)
CC.14) Attorney/Law (Procurement)
CC.15) Attorney/Law (Enforcement of Federal, State and County Law)
CC.16) Attorney/Law (Condemnation)
CC.17) Attorney/Law (Construction Litigation)
CC.18) Attorney/Law (Bankruptcy)
CC.19) Attorney/Law (Commercial Transactions)
Frederic S. Fox
Kaplan Fox & Kilsheimer LLP
July 26, 2023
Page 2
CC.20) Attorney/Law (Collections)
CC.21) Attorney/Law (Fair Labor Standards Act and other laws related to
compensation)
CC.22) Attorney/Law (Environmental)
CC.23) Attorney/Law (Regulatory)
Your firm will remain on the Department’s List of Qualified Providers of Professional
Services until June 30, 2024. For your information, this list may be utilized by any
County agency during this time period.
When the need for professional services arises, a selection committee will review the
qualifications of firms on the list in the appropriate category. Professional services
procurements that equal or exceed $5,000.00 are posted on the County’s website within
seven (7) days of the contract award.
Thank you for your interest in providing professional services to the County of Hawai i. If
you have any questions or concerns, please contact Amy Bautista at
corpcounsel@hawaiicounty.gov or (808) 961-8251.
Respectfully,
Lerisa L. Heroldt
Deputy Corporation Counsel
Litigation Section Chief
Chair, 2023-24 Professional Services Statement of Qualifications Review Committee
cc: Pamela A. Mayer (via e-mail only)
pmayer@kaplanfox.com
Frederic S. Fox
Kaplan Fox & Kilsheimer LLP
July 26, 2023
Page 3
bcc: County of Hawai‘i, Procurement with enclosure (application packet)
Response to
County of Hawai’i
Notice to Providers of Professional Services
HRS 103D-304
June 29, 2023
KAPLAN FOX & KILSHEIMER LLP
New York, NY
800 Third Avenue
38th Floor
New York, New York 10022
ffox@kaplanfox.com
Oakland, CA
1999 Harrison Street
Suite 1560
Oakland, CA 94612
lking@kaplanfox.com
Kaplan Fox & Kilsheimer LLP (“Kaplan Fox”), a national law firm focused on securities,
antitrust, consumer protection and other complex class action litigation, submits this response for
consideration by the County of Hawai’i as outside counsel in the area of “Class Actions.” Kaplan
Fox is widely recognized as one of the leading plaintiffs’ securities law firms in the United States,
particularly for class action shareholder litigation. The firm is also a leader representing those
injured by violations of the antitrust and consumer protection laws.
(1) The name of the firm or person, contact information including email address, the
principal place of business, and location of all of its offices;
If selected pursuant to this Notice, the primary contact for any matters Kaplan Fox handles
on behalf of the County of Hawai’i would be Frederic S. Fox, a senior partner of the firm. Contact
information for Mr. Fox who works in the firm’s principal office in New York is as follows:
New York, NY (Principal place of business)
Frederic S. Fox, Partner
Kaplan Fox & Kilsheimer LLP
800 Third Avenue, 38th Floor
New York, NY 10022
Email: ffox@kaplanfox.com
Tel: (212) 687-1980
The firm also has offices at the following locations:
Oakland, CA
1999 Harrison Street, Suite 1560
Oakland, CA 94612
Los Angeles, CA
12400 Wilshire Boulevard, Suite 820
Los Angeles, CA 90025
New Jersey
160 Morris Street
Morristown, NJ 07960
Illinois
681 Prestwick Lane
Wheeling, Illinois 60090
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(2) The age of the firm and its average number of employees over the past 5 years;
The firm was founded in 1956 and has been handling complex litigation on behalf of
governmental entities for over 20 years.
On average, the number of employees during the past 5 years has been about 62, consisting
of approximately 42 attorneys and 20 additional staff, including paralegals, administrative staff,
an in-house investigator, law clerks, and technology support.
(3) The education, training, and qualifications of the individual, or if a firm, its key
employees in accordance with HRS 103D-304 and/or the professional and scientific
occupation series contained in the United States Office of Personnel Management’s
Qualifications Standards Handbook (https://www.opm.gov/policy-data-
oversight/classification-qualifications/general-schedule-qualification-standards/#url-
GS-PROF);
Senior partner Frederic S. Fox is a key attorney/employee of the firm. Mr. Fox would be
the lead attorney on all work performed for the County of Hawai’i, including shaping and directing
the litigation strategy if Kaplan Fox is selected to represent the County of Hawai’i for a specific
class action. The education, training, and qualifications of Mr. Fox and the other key attorneys
that would perform work for the County of Hawai’i if Kaplan Fox is selected pursuant to this
Notice are as follows:
Frederic S. Fox, Partner. Frederic Fox first associated with Kaplan Fox in 1984 and
became a partner of the firm in 1991. For over 30 years, Mr. Fox has concentrated his
practice in class action and individual securities litigation. He also prosecutes class action
and individual consumer protection and antitrust litigation. He has been a lead counsel in
many major securities class action cases, including as a senior member of the litigation and
trial team in In re Bank of America Corp. Sec., ERISA & Der. Litig., No. 09-MDL-2058
(S.D.N.Y.) (“In re Bank of America”), which settled for $2.425 billion plus significant
corporate governance reforms, and stands as one of the largest securities class action
settlements in history. In In re Bank of America, the firm represented Ohio Public
Employees Retirement System (“Ohio PERS”) and State Teachers Retirement System of
Ohio (“STRS Ohio”). Mr. Fox counsels the firm’s many public pension fund clients on
seeking redress in foreign jurisdictions or bringing an individual action in the U.S. to
adequately protect and recover lost assets in cases involving foreign securities. Other
significant class action cases in which Mr. Fox served as lead counsel include: In re Merrill
Lynch & Co., Inc. Securities, Derivative & ERISA Litigation, No. 07-cv-9633 (S.D.N.Y.)
(“In re Merrill Lynch”) (primary attorney responsible for negotiating the $475 million
settlement); In In re Fannie Mae 2008 Securities Litigation, No. 08-cv-7831 (S.D.N.Y.)
(“In re Fannie Mae 2008”) ($170 million settlement); Plichta v. SunPower Corp. et al.,
No. 09-cv-05473 (N.D. Cal.); and In re Gentiva Securities Litigation, No. 10-cv-5064
(E.D.N.Y). The cases Mr. Fox is currently handling or recently handled include the
securities class action In re Vale S.A. Sec. Litig., No. 19-cv-00526 (S.D.N.Y.) as court
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appointed lead counsel for the court-appointed lead plaintiff, College of Applied Arts and
Technology Pension Plan (“CAAT Pension Plan”), arising out of the January 2019 collapse
of a tailings dam and Vale’s false and misleading statements about the safety of its dams
and commitment to the health and safety of its workers and Arkansas Teacher Retirement
Sys. V. Allianz Global Investors US LLC, No. 20-cv-5615 (S.D.N.Y.), an individual action,
alleging negligence and breach of contractual and fiduciary duties arising from misconduct
and gross mismanagement of three investment funds, which reached a favorable recovery
for the Arkansas Teacher Retirement System (“ATRS”) in 2022. In these cases, Mr. Fox
and the firm are counsel on behalf of public pension fund clients. Mr. Fox has also handled
derivative cases seeking corporate governance reform and other shareholder litigation on
behalf of public pension funds asserting state law and foreign causes of action. Mr. Fox
currently represents CalSTRS and the Firemen’s Retirement System of St. Louis in a
derivative action in Delaware arising out of Facebook’s many years of improper data
sharing with third parties, Karen Sbriglio, Retirement System of St. Louis and California
State Teachers’ Retirement System, derivatively on behalf of Nominal Defendant
Facebook, Inc. vs. Mark Zuckerberg, et al., Case Number: 2018-0307-JRS (Del. Ch.). Mr.
Fox also prosecutes consumer and antitrust cases. For example, Mr. Fox and Kaplan Fox
were the court-appointed co-lead counsel in In re: Apple Inc. Device Performance Litig.,
No. 5:18-MD-2827-EJD (N.D. Cal.) ($310 million settlement), a global consumer
protection and computer intrusion class action arising out of Apple’s December 2017
admission that it had been secretly throttling iPhone performance for almost a year. Mr.
Fox is a frequent speaker and panelist in both the U.S. and abroad on a variety of topics
including securities litigation and corporate governance.
Mr. Fox obtained his B.A. from Queens College (1981) and his J.D. from Bridgeport
School of Law (1984).
Mr. Fox is admitted to practice before the Bars of the State of New York and the District
of Columbia, the U.S. Court of Appeals for the First, Second, Fourth, Fifth, Sixth and
Eleventh Circuits and the U.S. District Courts for the Southern and Eastern Districts of
New York.
Laurence D. King, Partner. Laurence King, the partner-in charge of the firm’s Oakland
and Los Angeles, California offices, joined Kaplan Fox in 1994 and has more than 25 years
of experience in securities and other complex litigation, particularly consumer protection
litigation. Mr. King has been selected as a Northern California “Super Lawyer” in the area
of Securities Litigation for 11 consecutive years beginning in 2012. He is an experienced
trial lawyer. He was a key member of the litigation team in the settled action against Bank
of America. He has played a substantial role in cases that have resulted in some of the
largest recoveries obtained by Kaplan Fox, including In re 3Com Securities Litigation, No.
C-97-21083 (N.D. Cal.), In re Informix Securities Litigation, C-97-129 (N.D. Cal.), and
AOL Time Warner Cases I & II and he has represented numerous institutional investor
clients, including CalPERS, three city of Los Angeles public pension funds, and ATRS. In
addition, Mr. King was a member of the trial team for two securities class actions tried to
verdict, as well as several other cases where a favorable settlement was achieved on the
eve of trial. Prior to joining Kaplan Fox, Mr. King served as an assistant district attorney
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in the Manhattan (New York County) District Attorney’s Office under the legendary
Robert Morgenthau, where he tried numerous felony prosecutions to jury verdict.
Mr. King obtained his B.S. from the Wharton School of the University of Pennsylvania
(1985) and his J.D. from the Fordham University School of Law (1988).
Mr. King is an active member of the State Bars of California and New York, and is also
admitted to practice before the U.S. District Courts for the Southern and Eastern Districts
of New York, the Central, Northern and Southern Districts of California, and the U.S. Court
of Appeals for the Second and Ninth Circuits.
Robert N. Kaplan, Partner. Robert Kaplan has been with the firm for over 50 years and
has more than 40 years of experience in securities, antitrust, and other complex class action
litigation, and is widely recognized as a leading litigator. He has led the prosecution of
numerous class actions and shareholder derivative actions, recovering billions of dollars
for the victims of corporate wrongdoing. Mr. Kaplan was recently listed by defense and
corporate counsel as one of the top 75 plaintiffs’ attorneys in the United States for all
disciplines, and he has also been ranked as one of the top attorneys in the United States for
securities litigation by Legal 500 in each of the last three years. He also has earned a
reputation as a leading litigator in the antitrust arena. Mr. Kaplan honed his litigation skills
as a trial attorney with the U.S. Department of Justice. There, he gained significant
experience litigating both civil and criminal actions.
Mr. Kaplan has played a significant role in most of the firm’s major cases, including: In re
Bank of America; In re Merrill Lynch; In re High Fructose Corn Syrup Antitrust Litigation,
MDL 1087 (C.D. Ill.); In re 3Com Securities Litigation, No. C-97-21083 (N.D. Cal.) (“In
re 3Com”); AOL Time Warner Cases I & II, JCCP No. 4322 and 4325 (Cal. Sup. Ct., L.A.
Cty.) (“AOL Time Warner Cases I & II”); In re Informix Securities Litigation, C-97-129
(N.D. Cal.) (“In re Informix”); and In re Flat Glass Antitrust Litigation, MDL 120 (W.D.
Pa.), among others. Recently, he served as one of two co-lead counsel in In re SandRidge
Energy, Inc. Shareholder Derivative Litigation, No. CIV-13-102-W (W.D. Okla.)
shareholder derivative litigation.
Mr. Kaplan obtained his B.A. from Williams College (1961) and his J.D. from Columbia
University Law School (1964).
Mr. Kaplan is admitted to practice in the State of New York and the District of Columbia,
the United States Supreme Court, the United States Court of Appeals for the First, Second,
Third, Seventh, Ninth, Tenth and Eleventh Circuits and the United States District Courts
for the Southern, Eastern, Western and Northern Districts of New York, the Central District
of Illinois and the District of Arizona.
Donald R. Hall, Partner. Donald Hall first associated with Kaplan Fox in 1998 and
became a partner of the firm in 2005. Mr. Hall has more than 20 years of experience in
securities and complex class action litigation. He also prosecutes class action consumer
protection and antitrust litigation. He is actively involved in counseling the firm’s
5
institutional clients on seeking redress in foreign jurisdictions or bringing an individual
action in the U.S. to adequately protect and recover lost assets involving foreign securities.
Mr. Hall was a member of the trial team prosecuting In re Bank of America, which settled
for $2.425 billion, the single largest securities class action recovery for violations of
Section 14(a) of the Exchange Act and one of the top securities litigation settlements
obtained in history. Mr. Hall also recently represented public pension fund clients in In re
Eletrobras Secs. Litig., No. 15-cv-5754 (S.D.N.Y.), as co-lead counsel representing the
Employee Retirement System of the City of Providence (“City of Providence”) in a class
action against a Brazilian company, and in Kasper v. AAC Holdings, Inc., No. 15-cv-923
(M.D. Tenn.), as co-lead counsel representing ATRS. Mr. Hall successfully represented
institutional clients in In re Merrill Lynch, which settled for $475 million; In re Fannie
Mae 2008, which settled for $170 million; In re Ambac Financial Group, Inc. Securities
Litigation, No. 08-cv-411 (S.D.N.Y.); In re Majesco Securities Litigation, No. 05-cv-3557
(D.N.J.); and In re Escala Group, Inc. Securities Litigation, No. 05-cv-3518 (S.D.N.Y.).
Additionally, he was a key member of the litigation team in In re: Apple Inc. Device
Performance Litig., No. 5:18-MD-2827-EJD (N.D. Cal.), a global consumer protection and
computer intrusion class action, which reached a settlement of $310 million on behalf of
consumers.
Currently, Mr. Hall is representing institutional clients in: In re Vale as court-appointed
lead counsel for the court-appointed lead plaintiff, CAAT Pension Plan, arising out of the
January 2019 collapse of a tailings dam and Vale’s false and misleading statements about
the safety of its dams and commitment to the health and safety of its workers, and CalSTRS
and the Firemen’s Retirement System of St. Louis in a derivative action in Delaware arising
out of Facebook’s many years of improper data sharing with third parties, Karen Sbriglio,
Retirement System of St. Louis and California State Teachers’ Retirement System,
derivatively on behalf of Nominal Defendant Facebook, Inc. vs. Mark Zuckerberg, et al.,
Case Number: 2018-0307-JRS (Del. Ch.). Mr. Hall recently represented ATRS in
Arkansas Teacher Retirement Sys. V. Allianz Global Investors US LLC, No. 20-cv-5615
(S.D.N.Y.), an individual action, alleging negligence and breach of contractual and
fiduciary duties arising from misconduct and gross mismanagement of three investment
funds.
Mr. Hall obtained his B.A. from the College of William and Mary (1995) and his J.D. from
Fordham University School of Law (1998).
Mr. Hall is a member of the bars of the State of Connecticut and the State of New York
and is admitted to practice before the United States Supreme Court, the U.S. District Courts
for the Southern and Eastern Districts of New York and the U.S. Courts of Appeals for the
Second and Eleventh Circuits.
Hae Sung Nam, Partner. Hae Sung Nam joined Kaplan Fox in 1999 and became a partner
of the firm in 2005. Ms. Nam has been prosecuting securities actions and other complex
actions and multi-district litigation for over 20 years. In addition to securities cases, she
also focuses on antitrust litigation, including In re Keurig Green Mountain Single-Serve
Coffee Antitrust Litigation, 1:14-md-02542 (S.D.N.Y), In re Payment Card Interchange
6
Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720 (E.D.N.Y), and In re Flat
Glass Antitrust Litigation, No. 03-cv-2920 (W.D. Pa.). Ms. Nam is currently co-lead
counsel in In re Google Play Consumer Antitrust Litigation, 20-cv-05761 (N.D. Cal). In
this case, she represents consumers in an antitrust litigation concerning Google’s alleged
anticompetitive use of contractual and technological barriers to foreclose Android users’
ability to utilize app distribution platforms other than Google Play Store.
Ms. Nam has also played integral roles in a number of the firm’s notable securities cases,
including In re Bank of America, In re Fannie Mae 2008, and In re Ambac Financial
Group, Inc. Securities Litigation, No. 08-411-NRB (S.D.N.Y.). She has focused on
prosecuting opt-out securities actions on behalf of the firm’s public pension fund clients.
Ms. Nam was one of the core team members that prosecuted and settled an opt-out action
on behalf of PERS arising out of the fraud at Petrobras in Brazil. She also played a
significant role in AOL Time Warner Cases I & II and State Treasurer of the State of
Michigan v. Tyco International, Ltd., No. 08-cv-1340 (D.N.H.).
Ms. Nam obtained her B.A., magna cum laude, from Syracuse University (1994) and her
J.D., with honors, from the George Washington University School of Law (1997).
Ms. Nam is a member of the bar of the State of New York and is admitted to practice in
the U.S. District Courts for the Southern and Eastern Districts of New York.
Joel B. Strauss, Partner. Joel Strauss joined Kaplan Fox in 1992 and has approximately
30 years of experience in securities and other complex litigation. Although currently
practicing exclusively as a lawyer, Mr. Strauss is a licensed Certified Public Accountant in
the State of New York, and that background is particularly helpful in cases involving
accounting issues. He has also been a guest lecturer on the topics of securities litigation,
auditors’ liability, and class actions for seminars sponsored by the Practising Law Institute
and the National Consumer Law Center. Combining his accounting background and legal
skills, he has played a critical role in successfully prosecuting numerous securities class
actions across the country on behalf of public pension fund clients. He is currently involved
in representing institutional clients in actions against Dr. Reddy’s Laboratories, Ltd.,
Eastman Kodak Company and others. Mr. Strauss has also been involved in representing
the firm’s institutional and other clients in the following securities class actions, among
others: In re Bank of America ($2.425 billion settlement); In re Merrill Lynch ($475 million
settlement); In re Prestige Brands Holdings Inc. Sec. Litig. (S.D.N.Y.) ($11 million
settlement); In re Gentiva Sec. Litig. (E.D.N.Y.) ($6.5 million settlement); In re SunPower
Sec. Litig. (N.D. Cal.) ($19.7 million settlement); In re OCA, Inc., Sec. Litig. (E.D. La.)
($6.5 million settlement); In re Proquest Company Sec. Litig. (E.D. Mich.) ($20 million
settlement); and In re Rocket Fuel, Inc. Sec. Litig. (N.D. Cal.) ($3.15 million settlement).
Mr. Strauss also played an active role in the securities class action against Countrywide
Financial Corp. which settled for more than $600 million. Mr. Strauss served as Co-Chair
of the Non-Party Discovery Committee in In re Baycol Products Litigation, MDL No. 1431-
MJD/JG (D. Minn.) ($350 million in settlements), a class action brought on behalf of
consumers who took a dangerous and defective drug which was recalled from the market. In
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recent years Mr. Strauss has also had leadership and active roles on behalf of plaintiffs in
data privacy cases.
Mr. Strauss obtained his B.S. in Accounting from Yeshiva University (1986) and his J.D.
from the Benjamin N. Cardozo School of Law (1992).
Mr. Strauss is a member of the Bar of the States of New York and New Jersey and is
admitted to practice before the U.S. Courts of Appeals for the First, Second, and Third
Circuits, and the U.S. District Courts for the Southern, Eastern, and Western Districts of
New York and the District of New Jersey.
Jeffrey P. Campisi, Partner. Mr. Campisi has more than 18 years of experience in
securities and other complex litigation. Mr. Campisi is currently representing an
institutional investor in two securities class actions: IWA-Forest Industry Pension Plan v.
D-MARKET Elektronik Hizmetler ve Ticaret Anonim Şirketi a/k/a D-MARKET Electronic
Services & Trading d/b/a/ Hepsiburada, 1:21-cv-08634-PKC (filed October 21, 2021);
and In re Textron, Inc. Sec. Litig., No. 19-cv-7881 (DLC) (S.D.N.Y.). He recently
represented ATRS, a public pension fund client, in Kasper v. AAC Holdings, Inc., No. 15-
cv-923 (M.D. Tenn.), a securities class action, which settled for $25 million in 2018. In
addition, Mr. Campisi represented institutional investors in the following class actions: In
re Fannie Mae 2008 ($170 million settlement); In re Merrill Lynch ($475 million
settlement); and In re Sequenom Inc. Secs. Litig., No. 09-cv-0921 (S.D. Cal.)
(approximately $70 million in cash and stock recovered by the time of distribution, along
with corporate governance reforms). Prior to his association with Kaplan Fox, Mr. Campisi
served as a law clerk for the Honorable Herbert J. Hutton, United States District Court
Judge for the Eastern District of Pennsylvania.
Mr. Campisi received his B.A., cum laude, from Georgetown University (1996) and his
J.D., summa cum laude, from Villanova University School of Law (2000), where he was a
member of Law Review and graduated Order of the Coif.
Mr. Campisi is a member of the bar of the State of New York and is admitted to practice
in the U.S. District Courts for the Southern, Eastern, Western and Northern Districts of
New York, the Western District of Tennessee, and the U.S. Courts of Appeals for the Ninth
and Tenth Circuits.
Melinda D. Campbell, Partner. Mrs. Campbell first associated with Kaplan Fox in 2004
and became a partner of the firm in 2012. She has 18 years of experience in securities and
other complex class action litigation. Mrs. Campbell is currently representing public
pension funds and class members in In re Vale and In re Textron, Inc. Sec. Litig., No. 19-
cv-7881 (DLC) (S.D.N.Y.). She has also represented public pension funds in Ollila v.
Babcock & Wilcox Enterprises, Inc., 17-cv-0109 (W.D.N.C.), In re Eletrobras Secs. Litig.,
No. 15-cv-5754 (S.D.N.Y.), In re Bank of America, In re Ambac, In re Fannie Mae 2008,
and AOL Time Warner Cases I & II, and represented individual shareholders and the class
in Van Roden v. Termeer, No. 03-cv-4014 (S.D.N.Y.). As a member of the Federal Courts
Committee of the New York County Lawyers Association, Mrs. Campbell served as a
8
panelist in a continuing legal education course concerning preservation of the attorney-
client privilege and work product protection.
Mrs. Campbell obtained her undergraduate degree from the University of Missouri (cum
laude) and her law degree from the University of Pennsylvania School of Law.
Mrs. Campbell is a member of the bar of the State of New York and admitted to practice
in the U.S. District Courts for the Southern and Eastern Districts of New York and the U.S.
Courts of Appeals for the First, Second and Eleventh Circuits.
Pamela Mayer, Senior Associate. Ms. Mayer has been associated with Kaplan Fox since
2009. Since joining the firm and given her combined legal and finance background, she is
a dedicated full-time resource in the firm’s Portfolio Monitoring and Case Evaluation
Program. Working under the direction of Mr. Fox and Mr. Hall and utilizing her combined
legal and finance background, she investigates, analyzes and evaluates securities claims on
behalf of the firm’s pension fund and other institutional clients. Ms. Mayer has a J.D. from
the George Washington University Law School, an M.B.A. with a concentration in Finance
from the University of Michigan Ross School of Business, and a B.S. in Optical
Engineering from The University of Rochester. Prior to joining Kaplan Fox, Ms. Mayer
was an Associate Director in the legal department of Bear, Stearns & Co., Inc. directly
involved in the defense of securities investigations and litigations involving complex
securities, mutual funds, specialist trading issues, initial public offering quiet periods, as
well as disclosures and conflicts of interest for investment advisors. Prior to working at
Bear Stearns, Ms. Mayer was the General Counsel and Vice President Business
Development of Interactive Video Technologies, Inc.
Ms. Mayer is a member of the Bar of the State of New York and is admitted to practice in
the U.S. District Courts for the Southern, Eastern and Western Districts of New York.
Jason A. Uris, Associate. Jason A. Uris has been associated with Kaplan Fox since May
2013 and has over nine years of securities, antitrust and consumer protection litigation
experience, particularly class action litigation. He has recently been a member of the
litigation teams for various securities cases including Milbeck v. Truecar, Inc., et al. (C.D.
Cal.) ($28.25 million settlement); Kasper v. AAC Holdings, Inc., et al. (M.D. Tenn.) ($25
million settlement); and In re SandRidge Energy, Inc. Shareholder Derivative Litigation,
No. CIV-13-102-W (W.D. Okla.) (partial settlement of $38 million). He is currently
involved in several class action litigations, including Mehedi v. View Inc., et al., No. 21-
cv-06374 (N.D. Cal.); Julia Junge and Richard Junge, v. Geron Corp, No 20-cv-50047
(N.D. Cal.); and Gluck v. Hecla Mining Company, No. 19-cv-04883 (S.D.N.Y.).
Mr. Uris received his J.D. from Fordham University School of Law in 2014, He received
his B.S. in Business Administration with a concentration in Finance, cum laude, from
Boston University in 2011.
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Mr. Uris is a member of the Bar of the State of New York and is admitted to practice in the
U.S. District Courts for the Southern, Eastern, Western and Northern Districts of New York,
and the U.S. Court of Appeals for the Second and Ninth Circuits.
(4) A list of recent projects and the names of up to five clients who may be contacted,
including at least two for whom services were rendered during the preceding year;
and
List of Recent Projects
The following are representative cases we are currently or recently handled.
• Kaplan Fox is the court appointed lead counsel for the College of Applied Arts and
Technology Pension Plan (“CAAT Pension Plan”) as lead plaintiff in In re Vale S.A. Sec.
Litig., No. 19-cv-00526 (RJD) (E.D.N.Y.), a securities class action arising out of the
January 2019 collapse of a tailings dam and Vale’s false and misleading statements about
the safety of its dams and commitment to the health and safety of its workers. In May
2020, Plaintiff’s claims were successfully upheld on defendants’ motion to dismiss. In
March 2022, Plaintiff’s motion for class certification was granted.
• Kaplan Fox was the court-appointed co-lead counsel in In re: Apple Inc. Device
Performance Litig., No. 5:18-MD-2827-EJD (N.D. Cal.), a global consumer protection and
computer intrusion class action arising out of Apple’s December 2017 admission that it
had been secretly throttling iPhone performance for almost a year. Plaintiffs further alleged
that the throttling was done to conceal a defect. On October 1, 2018, the Northern District
of California allowed the case to proceed on a global basis and upheld common law
computer trespass claims, California statutory consumer protection claims, and federal
computer fraud claims. The Court granted leave to re-plead the defect claims and Apple’s
motion to dismiss was, in part, denied in April 2019. After the case was in discovery and
Plaintiffs obtained documents produced in government investigations, the parties began
settlement negotiations. A settlement of $310 million was achieved in March 2021.
• In In re Google Play Consumer Antitrust Litig., 20-cv-05761 (N.D. Cal. Nov. 6, 2020),
Hae Sung Nam, a partner of Kaplan Fox, was appointed co-lead counsel, The Google Play
Store antitrust litigation concerns Google’s alleged anticompetitive use of contractual and
technological barriers to foreclose Android users’ ability to utilize app distribution
platforms other than Google Play Store. The firm represents individual consumers on
behalf of a consumer class who purchased digital content through the Google Play Store
and paid more for Android apps and in-app content than would have been paid in a
competitive market.
• Kaplan Fox recently represented ATRS and other public pension funds in individual
actions against Allianz Global Investors US LLC, alleging negligence and breach of
contractual and fiduciary duties arising from misconduct and gross mismanagement of
three investment funds. These cases, such as Arkansas Teacher Retirement Sys. v. Allianz
Global Investors US LLC, No. 20-cv-5615 (S.D.N.Y.), were prosecuted from start to finish
10
in less than two years during the pandemic and were settled very favorably by early 2022
for our public pension fund clients.
• Kaplan Fox is currently lead counsel representing IWA-Forest Industry Pension Plan
(“IWA Forest-Industry”) as lead plaintiff in IWA-Forest Industry Pension Plan v. D-
MARKET Elektronik Hizmetler ve Ticaret Anonim Şirketi a/k/a D-MARKET Electronic
Services & Trading d/b/a/ Hepsiburada, 1:21-cv-08634-PKC (filed October 21, 2021), a
securities class action.
• Kaplan Fox has also been lead counsel on behalf of IWA-Forest Industry Pension Plan as
lead plaintiff in the securities class action In re Textron, Inc. Sec. Litig., No. 19-cv-7881
(DLC) (S.D.N.Y.) since 2019. The court dismissed the Second Amended Complaint.
Kaplan Fox appealed the dismissal on behalf of its client and the class and the dismissal
was reversed in part in September 2021. The case recently settled for $7.9 million.
• Kaplan Fox currently represents the California State Teachers Retirement System
(“CalSTRS”) in a derivative action in Delaware arising out of Facebook’s many years of
improper data sharing with third parties, Karen Sbriglio, Retirement System of St. Louis
and California State Teachers’ Retirement System, derivatively on behalf of Nominal
Defendant Facebook, Inc. vs. Mark Zuckerberg, et al., Case Number: 2018-0307-JRS (Del.
Ch.).
• In Ollila v. Babcock & Wilcox Enterprises, Inc., No. 17-cv-109 (W.D.N.C.) (“Babcock”),
Kaplan Fox was the court appointed lead counsel for ATRS. This case alleged violations
of Sections 10(b) and 20(a) of the Securities and Exchange Act of 1934 (“Exchange Act”)
arising from the company’s misrepresentations about the prospects and performance of its
renewable energy segment and failure to disclose development problems with six major
renewable energy projects, which caused hundreds of millions in losses. While discovery
was underway, Kaplan Fox achieved a highly favorable settlement in the amount of $19.5
million.
Five (5) client references: Below are 5 client references, including four for which we are
currently providing services or have provided litigation services within the last year –
ATRS, CAAT Pension Plan, IWA Forest-Industry and CalSTRS.
(1) STRS Ohio – From 2009 through 2013, Kaplan Fox represented STRS Ohio, as
well as Ohio PERS, as co-lead counsel in In re Bank of America, which settled in September 2012
for $2.425 billion plus significant corporate governance reform. Kaplan Fox also represented
STRS Ohio in the securities class action In re Merrill Lynch. Contact information for STRS Ohio
is provided below.
Bill Neville
Executive Director
State Teachers Retirement System of Ohio
275 E. Broad St.
Columbus, OH 43215-3771
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Tel.: (888) 227-7877
Email: NevilleB@strsoh.org
(2) ATRS – Kaplan Fox recently represented ATRS in an individual action against
Allianz, Arkansas Teacher Retirement Sys. v. Allianz Global Investors US LLC, No. 20-cv-5615
(S.D.N.Y.), alleging negligence and breach of contractual and fiduciary duties arising from
misconduct and gross mismanagement of three investment funds. The case settled very favorably
in 2022. Kaplan Fox has also recently served as lead counsel representing ATRS as lead plaintiff
in two class action matters: Babcock and Kasper v. AAC Holdings, Inc., No. 15-cv-923 (M.D.
Tenn.), both discussed above. ATRS has been a portfolio monitoring and case evaluation client
since 2009. Contact information for ATRS is as follows:
Rod Graves, Deputy Director
Arkansas Teacher Retirement System
1400 West Third Street
Little Rock, AR 72201
Tel.: 501-682-1450
Email: rodg@artrs.gov
(3) CAAT Pension Plan – Kaplan Fox currently represents CAAT Pension Plan in In
re Vale S.A. Securities Litigation, No. 3:19-cv-526 (E.D.N.Y), a securities class action. CAAT
Pension Plan is lead plaintiff and Kaplan Fox is lead counsel. The complaint has been upheld, the
class has been certified, and the case is currently in discovery. Kaplan Fox has also provided
securities portfolio monitoring to CAAT Pension Plan since 2006. Contact information for CAAT
Pension Plan is provided below.
Kevin Rorwick
Chief Operating Officer & Chief Financial Officer
College of Applied Arts and Technology Pension Plan
250 Yonge Street, Suite 2900, P.O. Box 40,
Toronto ON M5B 2L7
Tel: 416.673.9002
Email: KRorwick@caatpension.on.ca
(4) IWA-Forest Industry –Since 2019, Kaplan Fox has been lead counsel on behalf
of IWA-Forest Industry as lead plaintiff in In re Textron, Inc. Sec. Litig., No. 19-cv-7881 (DLC)
(S.D.N.Y.), a securities class action which recently settled. Kaplan Fox is also lead counsel
representing IWA-Forest Industry as lead plaintiff in IWA-Forest Industry Pension Plan v. D-
MARKET Elektronik Hizmetler ve Ticaret Anonim Şirketi a/k/a D-MARKET Electronic Services
& Trading d/b/a/ Hepsiburada, 1:21-cv-08634-PKC (filed October 21, 2021), also a securities
class action. The amended complaint was filed in early 2022. Kaplan Fox has also provided
securities portfolio monitoring to IWA Forest-Industry since 2013.
Mark Guiton
Chief Executive Officer
IWA Forest Industry Pension Plan
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Suite 2100-3777 Kingsway
Burnaby BC V5H 3Z7
Tel: 800.663.4384; 604.454.5458
Email: mark.guiton@iwafibp.ca
(5) CalSTRS: Kaplan Fox currently represents CalSTRS in a derivative action in
Delaware arising out of Facebook’s many years of improper data sharing with third parties, Karen
Sbriglio, Retirement System of St. Louis and California State Teachers’ Retirement System,
derivatively on behalf of Nominal Defendant Facebook, Inc. vs. Mark Zuckerberg, et al., Case
Number: 2018-0307-JRS (Del. Ch.).
Brian Bartow
General Counsel
CalSTRS
100 Waterfront Pl.
West Sacramento, CA 95605-2807
Tel: (916) 414-1724
Email: bbartow@calstrs.com
(5) Any promotional or descriptive literature which the individual or firm desires to
submit.
Please see the complete firm resume attached as Exhibit A.
Exhibit A
NEW YORK, NY LOS ANGELES, CA OAKLAND, CA
MORRISTOWN, NJ CHICAGO, IL
KAPLAN FOX & KILSHEIMER LLP
FIRM PROFILE
800 Third Avenue,
38th Floor
New York, NY 10022
Tel.: 212.687.1980
Fax: 212.687.7714
1999 Harrison Street,
Suite 1560
Oakland, CA 94612
Tel.: 415.772.4700
Fax: 415.772.4707
12400 Wilshire Boulevard,
Suite 820
Los Angeles, CA 90025
Tel.:310.575.8604
Fax: 310.444.1913
681 Prestwick Lane
Wheeling, IL 60090
Tel.: 847.831.1585
Fax.: 847.831.1580
160 Morris Street
Morristown, NJ 07960
Tel.: 973.656.0222
Fax: 973.401.1114
History of Kaplan Fox & Kilsheimer LLP
Leo Kaplan and James Kilsheimer founded “Kaplan & Kilsheimer” in 1954, making
the firm one of the most established litigation practices in the country. James Kilsheimer
was a celebrated federal prosecutor in the late 1940s and early 1950s in New York who
not only successfully tried some of the highest profile cases in the country, but also
handled the U.S. Attorney’s Office’s criminal appeals to the Second Circuit.
Now known as “Kaplan Fox & Kilsheimer LLP,” the early commitment to high-
stakes litigation continues to define the firm to the present day. In 2009, Portfolio Media’s
Law360 ranked Kaplan Fox’s securities litigation practice as one of the top 5 in the country
(plaintiff side), and again in July 2014, the Legal 500 ranked Kaplan Fox as one of the top
eight plaintiff’s firms for securities litigation. In March 2013, the National Law Journal
included Kaplan Fox on its list of the top 10 “hot” litigation boutiques, a list that includes
both plaintiff and defense firms. In 2014, 2015 and 2016, more than half of the firm’s
partners – including attorneys on both coasts – were rated “Super Lawyers.”
The firm has three primary litigation practice areas (antitrust, securities, and
consumer protection), and the firm is a leader in all three. To date, we have recovered
more than $5 billion for our clients and classes. In addition, the firm has expanded its
consumer protection practice to include data privacy litigation, and few other firms can
match Kaplan Fox’s recent leadership in this rapidly emerging field. The following
describes Kaplan Fox’s major practice areas, its most significant recoveries and its
attorneys.
2
Securities Litigation
Over the past 35 years, Kaplan Fox has been a leader in prosecuting corporate
and securities fraud —ranging from cases concerning accounting fraud to those involving
complicated and complex financial instruments. Since the passage of the Private
Securities Litigation Reform Act in 1995, Kaplan Fox has emerged as one of the foremost
securities litigation firms representing institutional investors of all sizes, including many of
the world’s largest public pension funds.
Kaplan Fox’s selection by Portfolio Media’s Law360 as one of the five top securities
litigation firms (plaintiff side) for 2009 was based, in part, on the representation of public
pension funds in high profile and complex securities class actions, including In re Merrill
Lynch & Co., Inc. Securities, Derivative & ERISA Litigation; In re Bank of America
Corp. Securities, ERISA & Derivative Litigation; In re Fannie Mae Securities
Litigation; and In re Ambac Financial Group, Inc. Securities Litigation. Some of the
firm’s most significant securities recoveries include:
In re Bank of America Corp. Securities, Derivative, and ERISA Litig.,
MDL No. 2058 (S.D.N.Y.) ($2.425 billion recovered)
In re Merrill Lynch & Co., Inc. Securities Litigation,
Master File No. 07-CV-9633 (JSR) (S.D.N.Y.) ($475 million recovered)
In re 3Com Securities Litigation,
No. C-97-21083-EAI (N.D. Cal.) ($259 million recovered)
In re Fannie Mae 2008 Securities Litigation,
No. 08-cv-7831 (PAC) (S.D.N.Y.) ($170 million recovered)
In re MicroStrategy Securities Litigation,
No. CV-00-473-A (E.D. Va.) ($155 million recovered)
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AOL Time Warner Cases I & II (Opt-out)
Nos. 4322 & 4325 (Cal. Superior Court, LA County) ($140 million
recovered)
In re Informix Securities Litigation,
C-97-129-CRB (N.D. Cal.) ($136.5 million recovered)
In re Xcel Energy, Inc. Securities Litigation,
Master File No. 02-CV-2677-DSD (D. Minn.) ($80 million recovered)
In re Elan Corporation Securities Litigation,
No. 02-CV-0865-RMB (S.D.N.Y.) ($75 million recovered)
In re Sequenom, Inc. Securities Litigation,
No. 09-cv-921 (S.D. Cal.) ($70 million recovered)
Barry Van Roden, et al. v. Genzyme Corp., et al.,
No. 03-CV-4014-LLS (S.D.N.Y.) ($64 million recovered)
4
Antitrust Litigation
Kaplan Fox has been at the forefront of significant private antitrust actions, and we
have been appointed by courts as lead counsel or members of an executive committee for
plaintiffs in some of the largest antitrust cases throughout the United States. This
commitment to leadership in the antitrust field goes back to at least 1967, when firm co-
founder Leo Kaplan was appointed by the Southern District of New York to oversee the
distribution of all ASCAP royalties under the 1950 antitrust consent decree in United States
v. American Society of Composers, Authors and Publishers, No. 41-CV-1395
(S.D.N.Y.), a role he held for 28 years until his death in 1995. To this day, ASCAP awards
the “Leo Kaplan Award” to an outstanding young composer in honor of Leo’s 28 years of
service to ASCAP.
Members of the firm have also argued before the U.S. Courts of Appeals some of the
most significant decisions in the antitrust field in recent years. For example, Robert Kaplan
argued the appeal in In re Flat Glass Antitrust Litigation, 385 F.3d 350 (3d Cir. 2004),
and Greg Arenson argued the appeal in In re High Fructose Corn Syrup Antitrust
Litigation, 295 F.3d 651 (7th Cir. 2002). In a relatively recent survey of defense counsel,
in-house attorneys, and individuals involved in the civil justice reform movement, both were
named among the 75 best plaintiffs’ lawyers in the country based on their expertise and
influence.
Over the years, Kaplan Fox has recovered over $2 billion for our clients in antitrust
cases. Some of the larger antitrust recoveries include:
In re Air Cargo Shipping Services Antitrust Litigation,
MDL 1775 (E.D.N.Y.) (settled during trial preparation, for total
settlement of more than $1.25 billion)
5
In re Neurontin Antitrust Litigation,
MDL No. 1479, Master File No. 02-1390 (D.N.J.) ($190 million
recovered)
In re High Fructose Corn Syrup Antitrust Litigation,
MDL No. 1087, Master File No. 95-1477 (C.D. Ill.) ($531 million
recovered)
In re Brand Name Prescription Drugs Antitrust Litigation,
MDL 997 (N.D. Ill.) ($720 plus million recovered)
In re Infant Formula Antitrust Litigation,
MDL 878 (N.D. Fla.) ($126 million recovered)
In re Flat Glass Antitrust Litigation,
MDL 1200 (W.D. Pa.) ($122 plus million recovered)
In re Hydrogen Peroxide Antitrust Litigation,
MDL 1682 (E.D. Pa.) ($97 million recovered)
In re Plastics Additives Antitrust Litigation,
03-CV-1898 (E.D. Pa.) ($46.8 million recovered)
In re Medical X-Ray Film Antitrust Litigation, CV 93-5904
(E.D.N.Y.) ($39.6 million recovered)
In re NBR Antitrust Litigation, MDL 1684 (E.D. Pa.) ($34.3 million
recovered)
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Consumer Protection and Data Privacy Litigation
The consumer protection practice is headquartered in Kaplan Fox’s Bay Area
office, which opened in 2000, and is led by Laurence King, an experienced trial lawyer
and former prosecutor. Mr. King has also served as a Vice-Chair, and then Co-Chair, of
the American Association for Justice’s Class Action Litigation Group.
Mr. King and our other effective and experienced consumer protection litigators
regularly champion the interests of consumers under a variety of state and federal
consumer protection laws. Most frequently, these cases are brought as class actions,
though under certain circumstances an individual action may be appropriate.
Kaplan Fox’s consumer protection attorneys have represented victims of a broad
array of misconduct in the manufacturing, testing, marketing, and sale of a variety of
products and services and have regularly been appointed as lead or co-lead counsel or
as a member of a committee of plaintiffs’ counsel in consumer protection actions by courts
throughout the nation. Among our significant achievements are highly recognized cases
including In re: Apple Inc. Device Performance Litig., No. 5:18-MD-2827-EJD (N.D.
Cal.) (a global consumer protection and computer intrusion class action in which a $310
million class settlement was achieved); In re Baycol Products Litigation, MDL 1431-
MJD/JGL (D. Minn.) (victims recovered more than $350 million); In re Providian
Financial Corp. Credit Card Terms Litigation, MDL No. 1301-WY (E.D. Pa.) ($105
million recovered); In re Thomas and Friends Wooden Railway Toys Litig., No. 07-cv-
3514 (N.D. Ill.) ($30 million settlement obtained for purchasers of recalled “Thomas Train”
toys painted with lead paint); In re Pre-Filled Propane Tank Marketing and Sales
Practices Litigation, No. 4:09-md-2086 (W.D. Mo.) (settlements obtained where
7
consumers will receive substantially in excess of actual damages and significant
injunctive relief); Berry v. Mega Brands Inc., No. 08-CV-1750 (D.N.J.) (class-wide
settlement obtained where consumers will receive full refunds for defective products), and
David Wolf, et al. v. Red Bull GmBH, et al., No. 1:13-cv-08008 (S.D.N.Y.) ($13 million
settlement fund obtained for purchasers of Red Bull energy drink); and Schneider v.
Chipotle Mexican Grill, Inc., No.16-cv-02200 (N.D. Cal.) (a Non-GMO class action with
a settlement approval of $6.5 million).
Data privacy is a fairly new area of law and broadly encompasses two scenarios.
In a data breach case, a defendant has lawful custody of data, but fails to safeguard it or
use it in an appropriate manner. In a tracking case, the defendant intercepts or otherwise
gathers digital data to which it is not entitled in the first place.
Kaplan Fox is an emerging leader in both types of data privacy litigation. For
example, Mr. King filed and successfully prosecuted one of very first online data breach
cases, Syran v. LexisNexis Group, No. 05-cv-0909 (S.D. Cal.), and was court-appointed
liaison counsel in a recently successfully concluded data breach case against LinkedIn.
See In re: LinkedIn User Privacy Litigation, No. 12-cv-3088-EJD (N.D. Cal.). The firm
also settled a data privacy case against Universal Property & Casualty Insurance
Company related to the public exposure of sensitive customer data. See Rodriguez v.
Universal Property & Cas. Ins. Co., No. 16-cv-60442-JK (S.D. Fla.).
In the past five years alone, we have led or otherwise had court-appointed roles in
at least 10 national digital privacy class actions, including high-profile cases against
defendants Google, Yahoo, and LinkedIn; two insurance companies; and one data
analytics company. Other recent data privacy cases include In re Horizon Healthcare
8
Services, Inc. Data Breach Litigation, No. 13-cv-07418-CCC-MF (D.N.J.) where Kaplan
Fox represents a group of individuals in a class action asserting willful and negligent
violations of the Fair Credit Reporting Act, as well as violations of state law, based on
Horizon’s failure to adequately protect the Plaintiffs’ personal information. Kaplan Fox
represents a group of seven credit unions and has been appointed by the court as a
member of the Steering Committee for the Financial Institution plaintiffs in a data breach
class action against The Home Depot, Inc. See In re: The Home Depot, Inc., Customer
Data Security Breach Litigation, 1:14-md-02583-TWT (NDGA). N.D. Ga.). Kaplan Fox
was also appointed co-lead class counsel for plaintiffs in Doe v. Caremark, LLC, 2:18 -
cv-00488 -EAS-CMV (S.D. Oh.), a class action concerning allegations of the violation of
medical privacy of approximately 4,500 class members. The Court approved of a $4.4
million settlement of the action on January 30, 2020.
The firm is also an industry leader in the even newer field of email and internet
tracking litigation. Kaplan Fox was appointed Co-Lead Class Counsel in a digital privacy
class action against Yahoo!, Inc., related to Yahoo’s alleged practice of scanning emails
for content, which was recently settled. See In re: Yahoo Mail Litigation, 5:13-cv-04980-
LHK (N.D. Cal.). Other cases include In re: Google Inc. Cookie Placement Consumer
Privacy Litig., 12-MD-2358-SLR (D. Del.) (Kaplan Fox appointed to plaintiffs’ steering
committee).
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ATTORNEY BIOGRAPHIES
PARTNERS
ROBERT N. KAPLAN is widely recognized as a leading antitrust and securities
litigator and has led the prosecution of numerous antitrust and securities fraud actions,
recovering billions of dollars for the victims of corporate wrongdoing. He was listed by
defense and corporate counsel as one of the top 75 plaintiffs’ attorneys in the United
States for all disciplines. Mr. Kaplan was listed as one of the top five attorneys for
securities litigation. He was also recognized by Legal 500 as one of the top securities
litigators in the United States for 2011, 2012, 2013, 2014, and 2015, and was listed as
one of the leading antitrust attorneys in the country for 2015. Mr. Kaplan was recognized
as a Super Lawyer in the New York Metro Area. He was lead counsel for CalPERS in
AOL Time Warner Cases I & II (Ca. Sup. Ct., L.A. Cty.), and was a lead in In re Merrill
Lynch & Co., Inc. Securities, Derivative & ERISA Litigation, In re Escala Securities
Litigation and In re Bank of America Corp. Securities Litigation, in which a settlement in
the amount of $2.425 billion and corporate governance changes was approved by the
Court.
In the antitrust arena, he has been a lead counsel in many significant actions. He
previously served as lead counsel or member of the Executive Committee in numerous
plaintiff treble damage actions including In re Neurontin Antitrust Litigation, MDL No.
1479, Master File No. 02-1390 (D.N.J.) ($190 million recovered); In re High Fructose Corn
Syrup Antitrust Litigation, MDL No. 1087, Master File No. 95-1477 (C.D. Ill) ($531 million
recovered); In re Brand Name Prescription Drugs Antitrust Litigation, MDL 997 (N.D. Ill.)
($720 plus million recovered); In re Infant Formula Antitrust Litigation, MDL 878 (N.D.
Fla.)($126 million recovered); In re Flat Glass Antitrust Litigation, MDL 1200 (W.O. Pa.)
($122 plus million recovered) (Mr. Kaplan successfully argued an appeal before the U.S.
Court of Appeals for the Third Circuit, which issued a ground-breaking and often-cited
summary judgment opinion. In re Flat Glass Antitrust Litigation, 191 F.R.D. 472, 476 n. 7
(W.D.Pa.1999)); In re Hydrogen Peroxide Antitrust Litigation, MDL 1682 (E.D. Pa.)($97
million recovered); In re Plastics Additives Antitrust Litigation, 03-CV-1898 (E.D. Pa.)
($46.8 million recovered); In re Medical X-Ray Film Antitrust Litigation, CV 93-5904
10
(E.D.N.Y.) ($39.6 million recovered); and In re NBR Antitrust Litigation, MDL 1684 (E.D.
Pa.) ($34.3 million recovered)
Mr. Kaplan is currently serving as co-lead counsel in In re Caustic Soda Antitrust
Litigation, 1:19-cv-00385 (W.D.N.Y.) and a member of the Direct Purchaser Steering
committee in In re Generic Drugs Antirust Litigation, appointed by Judge Cynthis Rufe.
He is also currently representing major clients in private antitrust cases, including in In re
Broiler Chickens Antitrust Litigation, No.: 1:16-cv-08637 (N.D.Ill.); In re Pork Antitrust
Litigation, Case No. 18-cv-1776-JRT-JFD (D. Minn.); and In re Cattle and Beef Antitrust
Litigation, Case No. 22-md-3031 (JRT/JFD) (D.Minn.). In the Pork Antitrust Litigation, Mr.
Kaplan was appointed as liaison counsel by then Chief Judge John Tunheim of the District
of Minnesota for the Direct Action Plaintiffs.
Mr. Kaplan has also represented financial institutions across the country in data
breach cases against Home Depot and is a member of the Plaintiffs’ Steering Committee.
Mr. Kaplan was a trial attorney with the Antitrust Division of the U.S. Department
of Justice. There, he litigated civil and criminal actions. He also served as law clerk to the
Hon. Sylvester J. Ryan, then chief judge of the U.S. District Court for the Southern District
of New York and served as an acting judge of the City Court for the City of Rye, N.Y.
In addition to his litigation practice, he has also been active in bar and legal
committees. For more than fifteen years, he has been a member of what is now known
as the Eastern District of New York’s Courts Committee on Civil Litigation.
Mr. Kaplan has also been actively involved in the Federal Bar Council, an
organization of judges and attorneys in the Second circuit and is a member of the Program
and Winter Planning Committees. For the Program Committee, in 2013, he organized a
class action program. Recently, in April of 2015, he organized a program on Antitrust
Cartels which was moderated by Hon. Lewis Kaplan and included as panelists the
Assistant Chief of the New York office of the Antitrust Division. In 2013, at the Federal
Bar Council’s winter meeting, he organized a program on class actions, which was
moderated by Hon. Raymond Lohier of the Second Circuit. He is currently planning a
program with Chief Judge Robert Katzmann of the Second Circuit to take place on
January 20, 2016, concerning Statutory Construction.
11
Recently, Mr. Kaplan was invited by the United States Judicial Center and
participated in a multi-day seminar for federal judges about complex litigation.
In addition, Mr. Kaplan has served as a member of the Trade Regulation and
Federal Courts Committees of the Association of the Bar of the City of New York.
Mr. Kaplan’s published articles include: “Complaint and Discovery in Securities
Cases,” Trial, April 1987; “Franchise Statutes and Rules,” Westchester Bar Topics, Winter
1983; “Roots Under Attack: Alexander v. Haley and Courlander v. Haley,”
Communications and the Law, July 1979; and “Israeli Antitrust Policy and Practice,”
Record of the Association of the Bar, May 1971.
Mr. Kaplan sits on the boards of several organizations, including the Columbia Law
School Board of Visitors, Board of Directors of the Carver Center in Port Chester, N.Y.,
Member of the Dana Farber Visiting Committee, Thoracic Oncology in Boston, MA,
member of the White House Historical Society and President of the Rye New York
Historical Society.
Education:
▪ B.A., Williams College
▪ J.D., Columbia University Law School
Bar Affiliations and Court Admissions:
▪ Bar of the State of New York
▪ U.S. Supreme Court
▪ U.S. Courts of Appeals for the Second, Third, Seventh, Ninth, Tenth and
Eleventh Circuits
▪ U.S. District Courts for the Southern, Eastern, and Northern Districts of New
York, the Central District of Illinois, and the District of Arizona
Professional Affiliations:
▪ Committee to Support the Antitrust Laws (past President)
▪ National Association of Securities and Commercial Law Attorneys (past
President)
▪ Advisory Group of the U.S. District Court for the Eastern District of New York
▪ American Bar Association
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▪ Association of Trial Lawyers of America (Past Chairman, Commercial Litigation
Section, 1985-86)
▪ Association of the Bar of the City of New York (served on the Trade Regulation
Committee; Committee on Federal Courts)
Mr. Kaplan can be reached by email at: RKaplan@kaplanfox.com
FREDERIC S. FOX first associated with Kaplan Fox in 1984 and became a partner
in the firm in 1991. For over 30 years, Mr. Fox has concentrated his work in the area of
class action litigation (securities, antitrust and consumer litigation), and has played
important roles in many cases with significant recoveries.
Mr. Fox has been a lead counsel in many major securities class action cases,
including as a senior member of the litigation and trial team in In re Bank of America Corp.
Securities, ERISA, & Derivative Litigation, No. 09-MDL-2058 (S.D.N.Y.) (“In re Bank of
America”). In In re Bank of America, Mr. Fox served as lead counsel on behalf of major
public pension funds. The case arose out of Bank of America’s acquisition of Merrill
Lynch. In re Bank of America settled for $2.425 billion plus significant corporate
governance reforms and stands as one of the largest securities class action settlements
in history.
Mr. Fox recently settled claims in an individual opt-out action on behalf of a public
pension fund arising out of the fraud at Petrobras in Brazil. Other significant cases in
which Mr. Fox served as lead counsel include: In re Merrill Lynch & Co., Inc. Securities,
Derivative, & ERISA Litigation, No. 07-cv-9633 (S.D.N.Y.)(in which he was the primary
attorney responsible for negotiating the $475 million settlement); In re Fannie Mae 2008
Securities Litigation, No. 08-cv-7831 (S.D.N.Y.) (“In re Fannie Mae 2008”) ($170 million
settlement); In re SunPower Securities Litigation, Case No. 09-cv-5473 (N.D. Cal.); In re
Merrill Lynch Research Reports Securities Litigation (S.D.N.Y.) (arising from analyst
reports issued by Henry Blodget); In re Salomon Analyst Williams Litigation (S.D.N.Y.)
and In re Salomon Focal Litigation (S.D.N.Y.) (both actions stemming from analyst reports
issued by Jack Grubman). Among the numerous cases Mr. Fox has prosecuted, Mr. Fox
was one of the lead trial lawyers in two securities class actions tried to verdict, one of
which was the first case tried under the Private Securities Litigation Reform Act of 1995.
13
Mr. Fox has also handled derivative cases seeking corporate governance reform
and other shareholder litigation on behalf of public pension funds asserting state law and
foreign causes of action. Mr. Fox represents the New York City Pension Funds in
derivative litigation relating to a bribery scandal involving Wal-Mart’s Mexican subsidiary.
See e.g. New York City Emp. Ret. Sys. v. Wal-Mart Stores, Inc., No. 7612 (Del. Ch.),
which is consolidated into the matter known as In re Wal-Mart Stores, Inc., Del. Deriv.
Litig., C.A. No. 7455-CS (Del. Ch.). Mr. Fox is a frequent speaker and panelist in both
the U.S and abroad on a variety of topics including securities litigation and corporate
governance. Mr. Fox also counsels the firm’s many public pension fund clients on seeking
redress in foreign jurisdictions or bringing an individual action in the U.S. to adequately
protect and recover lost assets in cases involving foreign securities.
Over the past decade Mr. Fox has prosecuted a wide variety of consumer
protection cases, including as co-lead in In re: Apple Inc. Device Performance Litig., No.
5:18-MD-2827-EJD (N.D. Cal.), a global consumer protection and computer intrusion
class action arising out of Apple’s December 2017 admission that it had been secretly
throttling iPhone performance for almost a year. Plaintiffs further alleged that the throttling
was done to conceal a defect. After the case was in discovery and Plaintiffs obtained
documents produced in government investigations, the parties began settlement
negotiations. A settlement of $310 million was achieved in March 2021.
Within the area of consumer protection, Mr. Fox is also active in the firm's growing
data privacy and cyberlaw practice. Mr. Fox and the firm have had court-appointed roles
in national class actions against defendants Facebook, Google, Yahoo, and LinkedIn, as
well as two insurance companies and one data analytics company over the past five
years.
Mr. Fox is listed in the current editions of New York Super Lawyers and is
recognized in Benchmark Litigation as a New York “Litigation Star.”
Mr. Fox is the author of “Current Issues and Strategies in Discovery in Securities
Litigation,” ATLA, 1989 Reference Material; “Securities Litigation: Updates and
Strategies,” ATLA, 1990 Reference Material; and “Contributory Trademark Infringement:
The Legal Standard after Inwood Laboratories, Inc. v. Ives Laboratories,” University of
Bridgeport Law Review, Vol. 4, No. 2.
14
During law school, Mr. Fox was the notes and comments editor of the University
of Bridgeport Law Review.
Education:
▪ B.A., Queens College (1981)
▪ J.D., Bridgeport School of Law (1984)
Bar Affiliations and Court Admissions:
▪ Bar of the State of New York (1985)
▪ Bar of the District of Columbia (2013)
▪ U.S. Supreme Court
▪ U.S. Courts of Appeals for the First, Second, Fourth, Sixth and Eleventh
Circuits
▪ U.S. District Courts for the Southern and Eastern Districts of New York, the
District of Colorado and the District of Columbia
Professional Affiliations:
▪ Federal Bar Council
▪ American Bar Association
▪ Association of the Bar of the City of New York
▪ The Council of Institutional Investors - Markets Advisory Council Member
(2022)
▪ Association of Trial Lawyers of America (Chairman, Commercial Law Section,
1991-92)
Mr. Fox can be reached by email at: FFox@kaplanfox.com
GREGORY K. ARENSON is principally a plaintiffs’ antitrust lawyer with among
other things, expertise in economics. He has worked with economic experts in, among
others, In re Air Cargo Shipping Servs. Antitrust Litig., Master File No. 06-MD-1175
(JG)(VVP), 2014 WL 7882100 (E.D.N.Y. Oct. 15, 2014), adopted in its entirety, 2015
WL 5093503 (E.D.N.Y. July 10, 2015); In re Ethylene Propylene Diene Monomer
(EPDM) Antitrust Litig., 256 F.R.D. 82 (D. Conn. 2009); In re Foundry Resins Antitrust
Litig., 242 F.R.D. 393 (S.D. Ohio 2007); In re Carbon Black Antitrust Litig., No. Civ. A.
03-10191-DPW, MDL No. 1543, 2005 WL 102966 (D. Mass. Jan. 18, 2005); In re
15
Microcrystalline Cellulose Antitrust Litig., 218 F.R.D. 79 (E.D. Pa. 2003); Bearings
Cases, Case No. 12-00501, and Wire Harness Cases, Case No. 12-00101, part of In
re Automotive Parts Antitrust Litig., E.D. Mich., Master File No. 12-md-02311; Affiliated
Foods, Inc., et al. v. Tri-Union Seafoods, LLC d/b/a Chicken of the Sea Int’l, et al., part
of In re Packaged Seafood Prods. Antitrust Litig., S.D. Cal., Case No. 15-MD-2670 JLS
(MDD); In re Domestic Airline Travel Antitrust Litig., D.D.C., MDL Docket No. 2656,
Misc. No. 15-1404 (CKK); In re Dental Supplies Antitrust Litig., E.D.N.Y., Case No. 16-
cv-696 (BMC)(GRB); In re Ductile Iron Pipe Fittings (“DIPF”) Direct Purchaser Antitrust
Litig., D.N.J., Civ. No. 12-711 (AET)(LHG); In re Cast Iron Soil Pipe & Fittings Antitrust
Litig., E.D. Tenn., No. 1:14-md-2508; and In re Pool Prods. Distribution Mkt. Antitrust
Litig., E.D. La., MDL No. 2328. He also argued the appeals in In re High Fructose Corn
Syrup Antitrust Litig., 295 F.3d 651 (7th Cir. 2002), and In re Hydrogen Peroxide
Antitrust Litig., 552 F.3d 305 (3d Cir. 2009). He has been ranked as a Super Lawyer for
several years. Among other matters, he argued the appeals in In re High Fructose Corn
Syrup Antitrust Litig., 295 F.3d 651 (7th Cir. 2002), and In re Hydrogen Peroxide
Antitrust Litig., 552 F.3d 305 (3d Cir. 2009). He has been ranked as a Super Lawyer for
several years.
Mr. Arenson has been a partner in Kaplan Fox & Kilsheimer LLP since 1993. Prior
to joining Kaplan Fox, he was a partner with Proskauer Rose LLP. Earlier in his career,
he was a partner with Schwartz Klink & Schreiber and an associate with Rudnick & Wolfe
(now DLA Piper).
Mr. Arenson is active in the New York State Bar Association. He has been a
member of the House of Delegates for most of the last decade and has been a member
of the Executive Committee of the New York State Bar Association since June 2022.
He has been Vice Chair and a member of the Executive Committee of the Sections
Caucus and a member of the New York State Bar Association Continuing Legal
Education Committee. He was Chair of the Commercial and Federal Litigation Section
from June 2013 through May 2014. He has been Co-Chair of the New York State Bar
Association Task Force on the State of Our Courthouses, whose report was adopted
by the House of Delegates on June 20, 2009; a member of the New York State Bar
Association Special Committee on Standards for Pleadings in Federal Litigation, whose
16
report was adopted by the House of Delegates on June 19, 2010; and a member of the
New York State Bar Association Special Committee on Discovery and Case
Management in Federal Litigation, whose report was adopted by the House of
Delegates on June 23, 2012.
Mr. Arenson has written frequently on discovery issues and other issues. His
published articles include: “Losing the Forest for the Trees: On the Loss of Economic
Efficiency and Equity in Federal Price-Fixing Class Actions, 16 Va L. & Bus. Rev. 293
(Spring 2022); “Rule 68 Offers of Judgment and Mootness, Especially for Collective or
Class Actions," 20 NY LITIGATOR 25 (2015); "Report on Proposed Amendments to
Federal Rule of Civil Procedure 45," 17 NY LITIGATOR 21 (2012); “Rule 8 (a)(2)
After Twombly: Has There Been a Plausible Change?” 14 NY LITIGATOR 23 (2009);
“Report on Proposed Federal Rule of Evidence 502,” 12 NY LITIGATOR 49 (2007);
“Report: Treating the Federal Government Like Any Other Person: Toward a Consistent
Application of Rule 45,” 12 NY LITIGATOR 35 (2007); “Report of the Commercial and
Federal Litigation Section on the Lawsuit Abuse Reduction Act of 2005,” 11 NY
LITIGATOR 26 (2006); “Report Seeking To Require Party Witnesses Located Out-Of-
State Outside 100 Miles To Appear At Trial Is Not A Compelling Request,” 11 NY
LITIGATOR 41 (2006); “Eliminating a Trap for the Unwary: A Proposed Revision of
Federal Rule of Civil Procedure 50,” 9 NY LITIGATOR 67 (2004); “Committee Report on
Rule 30(b)(6),” 9 NY LITIGATOR 72 (2004); “Who Should Bear the Burden of Producing
Electronic Information?” 7 FEDERAL DISCOVERY NEWS, No. 5, at 3 (April 2001); “Work
Product vs. Expert Disclosure – No One Wins,” 6 FEDERAL DISCOVERY NEWS, No. 9,
at 3 (August 2000); “Practice Tip: Reviewing Deposition Transcripts,” 6 FEDERAL
DISCOVERY NEWS, No. 5, at 13 (April 2000); “The Civil Procedure Rules: No More
Fishing Expeditions,” 5 FEDERAL DISCOVERY NEWS, No. 9, at 3 (August 1999); “The
Good, the Bad and the Unnecessary: Comments on the Proposed Changes to the
Federal Civil Discovery Rules,” 4 NY LITIGATOR 30 (1998); and “The Search for Reliable
Expertise: Comments on Proposed Amendments to the Federal Rules of Evidence,” 4 NY
LITIGATOR 24 (1998). He was co-editor of FEDERAL RULES OF CIVIL PROCEDURE,
1993 AMENDMENTS, A PRACTICAL GUIDE, published by the New York State Bar
Association; and a co-author of “Report on the Application of Statutes of Limitation in
17
Federal Litigation,” 53 ALBANY LAW REVIEW 3 (1988).
Mr. Arenson serves as a mediator in the U.S. District Court for the Southern District
of New York. In addition, he is an active alumnus of the Massachusetts Institute of
Technology, having served as a member of the Corporation, a member of the Corporation
Development Committee, vice president of the Association of Alumni/ae, and member of
the Annual Fund Board (of which he was a past chair), secretary of his class, and 50th
reunion gift committee co-chair.
Education:
▪ S.B., Massachusetts Institute of Technology (1971)
▪ J.D., University of Chicago (1975)
Bar Affiliations and Court Admissions:
▪ Bar of the State of Illinois (1975)
▪ Bar of the State of New York (1978)
▪ U.S. Supreme Court
▪ U.S. Courts of Appeals for the Second, Third and Seventh Circuits
▪ U.S. District Courts for the Northern and Central Districts of Illinois, Southern
and Eastern Districts of New York, and Eastern District of Michigan
▪ U.S. Tax Court
Mr. Arenson can be reached by email at: GArenson@kaplanfox.com
LAURENCE KING first joined Kaplan Fox as an associate in 1994 and became a
partner of the firm in 1998. While Mr. King initially joined the firm in New York, in 2000 he
relocated to San Francisco to open the firm's first West Coast office. He is now partner-
in-charge of the firm's Oakland and Los Angeles, California offices.
Mr. King practices primarily in the areas of consumer protection litigation and
securities litigation, with an emphasis on institutional investor representation. He has also
practiced in the area of employment litigation. Mr. King has played a substantial role in
cases that have resulted in some of the largest recoveries ever obtained by Kaplan Fox,
including: In re Bank of America Corp. Securities, ERISA & Derivative Litig. (S.D.N.Y.); In
re: Apple Inc. Device Performance Litig. (N.D. Cal), In re 3Com Securities Litigation (N.D.
Cal.), In re Informix Securities Litigation (N.D. Cal.), AOL Time Warner Cases I & II (Ca.
18
Sup. Ct., L.A. Cty.) and Providian Credit Card Cases (Ca. Sup. Ct., S.F. Cty.).
An experienced trial lawyer, prior to joining Kaplan Fox Mr. King served as an
assistant district attorney under the legendary Robert Morgenthau in the Manhattan (New
York County) District Attorney's Office, where he tried numerous felony prosecutions to
jury verdict. At Kaplan Fox, he was a member of the trial team for two securities class
actions tried to verdict, In re Biogen Securities Litigation (D. Mass.) and In re Health
Management Securities Litigation (E.D.N.Y.). Mr. King has also participated in trial
preparation for numerous other cases in which favorable settlements were achieved for
our clients on or near the eve of trial.
Mr. King has been selected for inclusion in Northern California SuperLawyers each
year since 2012, and has previously served as Vice-Chair, and then as Co-Chair, of the
American Association for Justice’s Class Action Litigation Group.
Education:
▪ B.S., Wharton School of the University of Pennsylvania (1985)
▪ J.D., Fordham University School of Law (1988)
Bar Affiliations and Court Admissions:
▪ Bar of the State of New York (1989)
▪ Bar of the State of California (2000)
▪ U.S. Court of Appeals for the Second and Ninth Circuits
▪ U.S. District Courts for the Southern and Eastern Districts of New York, and the
Northern, Central and Southern Districts of California
Professional Affiliations:
▪ Bar Association of San Francisco
▪ American Bar Association
▪ American Association for Justice
Mr. King can be reached by email at: LKing@kaplanfox.com
JOEL B. STRAUSS first associated with Kaplan Fox in 1992 and became a
partner in the firm in 1999. He practices in the area of securities and consumer fraud and
data privacy class action litigation. He has been repeatedly selected for inclusion to the
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New York Super Lawyers list (Securities Litigation) (2007-2010, 2014-2023) and was
named to Lawdragon's 500 Leading Plaintiff Financial Lawyers in the U.S. (2019 - 2022).
Prior to law school, Mr. Strauss was a senior auditor at the accounting firm Coopers
& Lybrand (n/k/a PricewaterhouseCoopers). Combining his accounting background and
legal skills, he has played a critical role in successfully prosecuting numerous securities
class actions across the country on behalf of shareholders. Mr. Strauss was one of the
lead trial lawyers for the plaintiffs in the first case to go to trial and verdict under the Private
Securities Litigation Reform Act of 1995.
More recently, Mr. Strauss has been involved in representing the firm’s institutional
clients in the following securities class actions, among others: In re Bank of America Corp.
Securities, ERISA & Derivative Litig. (S.D.N.Y.) ($2.425 billion settlement); In re Merrill
Lynch & Co., Inc. Securities, Derivative and ERISA Litig. (S.D.N.Y.) ($475 million
settlement); In re Prestige Brands Holdings Inc. Securities Litig. (S.D.N.Y.) ($11 million
settlement); In re Gentiva Securities Litig. (E.D.N.Y.) ($6.5 million settlement); and In Re
SunPower Securities Litig. (N.D.Cal) ($19.7 million settlement). He has also served as
lead counsel for lead plaintiffs in In re OCA, Inc. Securities Litig. (E.D. La.) ($6.5
million settlement); In re Proquest Company Securities Litig. (E.D. Mich.) ($20 million
settlement) and In re Rocket Fuel, Inc. Securities Litig. (N.D.Cal.) ($3.15 million
settlement). Mr. Strauss also played an active role for plaintiff investors in In Re
Countrywide Financial Corporation Securities Litig. (C.D.Cal), which settled for more than
$600 million..
In the consumer protection area, Mr. Strauss served as Chair of Plaintiffs’ Non-
Party Discovery Committee in the Baycol Products Litig., where there were more than
$350 million in settlements.
Mr. Strauss is also active in the firm’s growing data privacy practice. In July 2017
he moderated a panel on U.S. Data Privacy Laws at a conference in Tel Aviv. And, among
other data privacy cases in which he has played an active role, Mr. Strauss served as
one of plaintiffs' co-lead counsel in Doe vs. CVS Healthcare Corp., et. al., (S.D. Ohio), a
class action concerning allegations of the violation of medical privacy of approximately
4,500 class members. The Court approved of a $4.4 million settlement of the action on
January 30, 2020.
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Although currently practicing exclusively in the area of law, Mr. Strauss is a
licensed Certified Public Accountant in the State of New York.
Mr. Strauss has also been a guest lecturer on the topics of securities litigation,
auditors’ liability and class actions for seminars sponsored by the Practicing Law Institute,
the National Consumer Law Center and the Association of the Bar of the City of New York
and is an adjunct instructor in the Political Science department at Yeshiva University.
Since June 2014, Mr. Strauss has served as a member of the New York State Bar
Association's Committee on Legal Education and Admission to the Bar.
Among his various communal activities, Mr. Strauss currently serves as Co-
President of Friends of Jerusalem College of Technology, is a member of Yeshiva
University’s General Counsel’s Council, a member of the Alumni Advisory Group at the
Benjamin N. Cardozo School of Law, serves as Chair of the Career Guidance and
Placement Committee of Yeshiva University's Undergraduate Alumni Council, and is an
Advisory Board Member and Mentor in the Orthodox Union's Impact Accelerator program.
In March 2001 the New Jersey State Assembly issued a resolution recognizing
and commending Mr. Strauss for his extensive community service and leadership.
In 2012 Mr. Strauss received The Alumni Partner of the Year Award from Yeshiva
University's Career Development Office.
In May 2023, New Jersey Governor Phil Murphy appointed Mr. Strauss to serve
on the New Jersey – Israel Commission.
Education:
▪ B.A., Yeshiva University (1986)
▪ J.D., Benjamin N. Cardozo School of Law (1992)
▪ HBX|Harvard Business School, Certificate in Entrepreneurship Essentials
(2017)
▪ AICPA - Cybersecurity Fundamentals for Finance and Accounting
Professionals Certificate (2018)
Bar Affiliations and Court Admissions:
▪ Bar of the State of New Jersey (1992)
▪ Bar of the State of New York (1993)
▪ U.S. Court of Appeals for the First, Second and Third Circuits
21
▪ U.S. District Courts for the Southern, Eastern and Western Districts of New
York, District of New Jersey, District of Nebraska and District of Colorado
Professional Affiliations:
▪ Association of the Bar of the City of New York
▪ New York State Bar Association
▪ American Institute of Certified Public Accountants
Mr. Strauss can be reached by email at: JStrauss@kaplanfox.com
HAE SUNG NAM joined Kaplan Fox in 1999 and became a partner of the firm in
2005. Since joining the firm, Ms. Nam has been representing consumers, employees, and
investors in complex class actions and multi-district litigation in districts throughout the
country for over 20 years. Recently, Ms. Nam was appointed as interim co-lead counsel
in In re Google Play Consumer Antitrust Litigation, 20-cv-05761 (N.D. Cal). She
represents consumers in an antitrust litigation concerning Google's alleged
anticompetitive use of contractual and technological barriers to foreclose Android users'
ability to utilize app distribution platforms other than Google Play Store.
Ms. Nam has substantial experience prosecuting other antitrust matters on behalf
of various classes and opt-outs, including In re Keurig Green Mountain Single-Serve
Coffee Antitrust Litigation, 1:14-md-02542 (S.D.N.Y), In re Payment Card Interchange
Fee and Merchant Discount Antitrust Litigation, 1:05-md-01720 (E.D.N.Y), and In re Flat
Glass Antitrust Litigation, No. 03-cv-2920 (W.D. Pa.).
Ms. Nam has also played integral roles in a number of the firm’s notable securities
cases, including In re Bank of America Corp., Securities, Derivative, and ERISA Litigation,
No. 1:09-md-020508-PKC (S.D.N.Y.), In re Fannie Mae Securities Litigation, No. 08-cv-
7831-PAC (S.D.N.Y.), and In re Ambac Financial Group, Inc. Securities Litigation, No.
08-411-NRB (S.D.N.Y.). She has focused on prosecuting opt-out securities actions on
behalf of the firm's public pension fund clients. Ms. Nam was one of the core team
members that prosecuted and settled an opt-out action on behalf of Ohio PERS arising
out of the fraud at Petrobras in Brazil. She also played a significant role in AOL Time
Warner Cases I & II and State Treasurer of the State of Michigan v. Tyco International,
Ltd., No. 08-cv-1340 (D.N.H.).
22
Prior to joining the firm, Ms. Nam was an associate with Kronish Lieb Weiner &
Hellman LLP, where she trained as a transactional attorney in general corporate
securities law and mergers and acquisitions.
Ms. Nam graduated, magna cum laude, with a dual degree in political science and
public relations from Syracuse University’s Maxwell School and S.I. Newhouse School of
Public Communications. Ms. Nam obtained her law degree, with honors, from George
Washington University Law School. During law school, Ms. Nam was a member of the
George Washington University Law Review.
Education:
▪ B.A., magna cum laude, Syracuse University (1994)
▪ J.D., with honors, George Washington University Law School (1997)
Bar Affiliations and Court Admissions:
▪ Bar of the State of New York (1998)
▪ U.S. District Courts for the Southern and Eastern Districts of New York.
Ms. Nam can be reached by email at: HNam@kaplanfox.com
DONALD R. HALL has been associated with Kaplan Fox since 1998 and became
a partner of the firm in 2005. He practices in the areas of securities, antitrust and
consumer protection litigation. Mr. Hall is actively involved in maintaining and establishing
the firm’s relationship with institutional investors and oversees the Portfolio Monitoring
and Case Evaluation Program for the firm’s numerous institutional investors.
Mr. Hall was a member of the trial team prosecuting In re Bank of America, which
settled for $2.425 billion, the single largest securities class action recovery for violations
of Section 14(a) of the Securities Exchange Act of 1934 (“Exchange Act”) and one of the
top securities litigation settlements obtained in history. Mr. Hall also recently represented
public pension fund clients in In re Eletrobras Secs. Litig., No. 15-cv-5754, as co-lead
counsel representing the Employee Retirement System of the City of Providence (“City
of Providence”) in a class action against a Brazilian company, and in Kasper v. AAC
Holdings, Inc., No. 15-cv-923 (M.D. Tenn.), as co-lead counsel representing Arkansas
Teacher Retirement System (“ATRS”). Mr. Hall successfully represented institutional
clients in In re Merrill Lynch, which settled for $475 million; In re Fannie Mae 2008, which
23
settled for $170 million; In re Ambac Financial Group, Inc. Securities Litigation, No. 08-
cv-411 (S.D.N.Y.); In re Majesco Securities Litigation, No. 05-cv-3557 (D.N.J.); and In re
Escala Group, Inc. Securities Litigation, No. 05-cv-3518 (S.D.N.Y.). Additionally, he was
a member of the litigation team in AOL Time Warner Cases I & II, an opt-out action
brought by institutional investors that settled just weeks before trial.
Mr. Hall currently represents the Colleges of Applied Arts and Technology Pension
Plan in In re Vale, S.A. Securities Litigation, 19-cv-00526 (E.D.N.Y.); the City of Warwick
Retirement Fund in Lewis v. YRC Worldwide, Inc., et al., 19cv00001 (N.D.N.Y.); and IWA
Forest Industry Pension Plan in In re Textron, Inc. Securities Litigation, 19-cv-7881
(S.D.N.Y.).
Mr. Hall has played a key role in some of the Firm’s antitrust actions, including In
re Flat Glass Antitrust Litigation; In re Compact Disc Antitrust Litigation; and In re Payment
Card Interchange Fee and Merchant Discount Antitrust Litigation. He is currently part of
the litigation team representing consumers in In re Google Play Consumer Antitrust
Litigation, 20-cv-05761 (N.D. Cal.) concerning Google’s alleged anticompetitive use of
contractual and technological barriers to foreclose Android users’ ability to utilize app
distribution platforms other than Google Play Store.
In the consumer protection area, Mr. Hall is co-lead counsel in In re: Apple Inc.
Device Performance Litig., No. 5:18-MD-2827-EJD (N.D. Cal.) (a global consumer
protection and computer intrusion class action in which a $310 million class settlement
was achieved in March 2021). Mr. Hall is also active in the firm's growing data privacy
and cyberlaw practice. Other notable cases in the area of consumer protection Mr. Hall
has prosecuted include the non-GMO class action of Schneider v. Chipotle Mexican Grill,
Inc., No.16-cv-02200 (N.D. Cal.) and In re: Yahoo! Mail Litigation, No. 5:13-cv-04980-
LHK (N.D. Cal.) in which Kaplan Fox served as co-lead counsel for plaintiffs in a digital
privacy class action challenging Yahoo's practice of "scanning" incoming and outgoing
emails for content, in order to target advertising more effectively.
Mr. Hall graduated from the College of William and Mary in 1995 with a B.A. in
Philosophy and obtained his law degree from Fordham University School of Law in 1998.
During law school, Mr. Hall was a member of the Fordham Urban Law Journal and a
member of the Fordham Moot Court Board. He also participated in the Criminal Defense
24
Clinic, representing criminal defendants in federal and New York State courts on a pro-
bono basis.
Education:
▪ B.A., College of William and Mary (1995)
▪ J.D., Fordham University School of Law (1998)
Bar Affiliations and Court Admissions:
▪ Bar of the State of Connecticut
▪ Bar of the State of New York
▪ U.S. Supreme Court
▪ U.S. Courts of Appeals for the First, Second and Eleventh Circuits
▪ U.S. District Courts for the Southern and Eastern Districts of New York
Professional Affiliations:
▪ American Bar Association
▪ Association of Trial Lawyers of America
▪ New York State Bar Association
Mr. Hall can be reached by email at: DHall@kaplanfox.com
JEFFREY P. CAMPISI is involved in representing the firm’s institutional and
individual clients in securities and shareholder actions, and other complex litigation.
Mr. Campisi currently represents the Colleges of Applied Arts and Technology
Pension Plan in In re Vale, S.A. Securities Litigation, 19-cv-00526 (E.D.N.Y.); the City of
Warwick Retirement Fund in Lewis v. YRC Worldwide, Inc., et al., 19cv00001 (N.D.N.Y.);
IWA Forest Industry Pension Plan in In re Textron, Inc. Securities Litigation, 19-cv-7881
(S.D.N.Y.); and individuals clients represents individual investors in Julia Junge and
Richard Junge v. Geron Corp. et al., 20-cv-547 WHA (N.D. Cal.); Gluck v. Hecla Mining
Company, 19-cv-4883 (ALC) (S.D.N.Y.); and Rotunno v. David M. Wood, et al., 1:20-cv-
2357 (ER) (S.D.N.Y.).
In the past, Mr. Campisi represented Oklahoma Police Pension and Retirement
Fund (as liaison counsel) in Milbeck v. Truecar, Inc. et al., 18-cv-2612 (C.D. Cal.) ($28.25
million recovered); the Tennessee Consolidated Retirement System in In re Fannie Mae
2008 Securities Litigation, 08cv7831 (S.D.N.Y.) ($170 million recovered); State Teachers’
25
Retirement System of Ohio in In re Merrill Lynch & Co., Inc. Securities, Derivative and
ERISA Litigation, 07cv9633 (S.D.N.Y.) ($475 million recovered), one of the largest
recoveries in a securities class action; the Virginia Retirement System in In re Escala
Group, Inc. Securities Litigation, 06cv3518 (S.D.N.Y.) ($18 million in cash and stock
recovered); the Los Angeles City Employees’ Retirement System in In re Sequenom, Inc.
Securities Litigation, 09cv921 (S.D. Cal.) ($70 million in cash and stock recovered by the
time of distribution), and significant corporate governance reforms) and in In re Gentiva
Securities Litigation, 10cv5064 (E.D.N.Y.) ($6.5 million recovered).
Other cases include Schueneman v. Arena Pharms., et al., 10cv1959 (S.D. Cal.)
($24 million recovered); Kasper v. AAC Holdings, Inc., et al., 15cv923 (M.D. Tenn.) ($25
million recovered); In re SandRidge Energy, Inc. Shareholder Derivative Litigation, No.
CIV-13-102-W (W.D. Okla.) ($38.5 million recovered); In re Violin Memory, Inc. Securities
Litigation, 13cv5486 (N.D. Cal.) ($7.5 million recovered); In re Nevsun Resources Ltd.,
12cv1845 (S.D.N.Y.) (approximately $6 million settlement); In re Countrywide Financial
Corporation Securities Litigation, 07cv5295 (C.D. Cal.) ($624 million recovered), In re
Proquest Company Securities Litigation, 06cv10619 (E.D. Mich.) ($20 million recovered),
and Friedman v. Penson Worldwide, Inc., 11cv2098 (N.D. Tex.) ($6.5 million recovered).
Mr. Campisi is a graduate of Villanova University School of Law (summa cum
laude), where he was a member of the Villanova Law Review and the Order of the Coif.
Mr. Campisi earned a B.A. from Georgetown University (cum laude). Mr. Campisi served
as a law clerk to the Late Honorable Herbert J. Hutton, United States District Judge for
the United States District Court for the Eastern District of Pennsylvania.
Education:
▪ B.A., cum laude, Georgetown University (1996)
▪ J.D., summa cum laude, Villanova University School of Law (2000)
Member of Law Review and Order of the Coif
Bar affiliations and court admissions:
▪ Bar of the State of New York
▪ U.S. Courts of Appeals for the Ninth and Tenth Circuits
▪ U.S. District Courts for the Southern, Eastern, Northern and Western Districts
of New York, and Western District of Tennessee
26
Professional affiliations:
▪ Federal Bar Council
▪ American Association for Justice
Mr. Campisi can be reached by email at: jcampisi@kaplanfox.com
MELINDA CAMPBELL has been associated with Kaplan Fox since September
2004 and became a partner of the firm in 2012. . She has 18 years of experience in
securities and other complex litigation. Mrs. Campbell currently represents the Colleges
of Applied Arts and Technology Pension Plan in In re Vale S.A. Securities Litigation, No.
19-cv-526 (E.D.N.Y.).
Mrs. Campbell’s noteworthy cases include: In re Bank of America Corp. Securities
Litigation, MDL No. 2058 (S.D.N.Y.); In re Ambac Financial Group, Inc. Securities
Litigation, No. 08-cv-411(NRB) (S.D.N.Y.); In re Fannie Mae 2008 Securities Litigation,
No. 08-cv-7831(PAC) (S.D.N.Y.), In re Eletrobras Securities Litigation, No. 15-cv-5754
(S.D.N.Y.) ($14.75 million settlement), and Ollila v. Babcock & Wilcox Enterprises Inc.,
No. 3:17-cv-109 (W.D.N.C.) ($19.5 million settlement).
Mrs. Campbell obtained her J.D. from the University of Pennsylvania Law School.
While attending law school, she successfully represented clients of the Civil Practice
Clinic of the University of Pennsylvania Law School and provided pro bono legal services
through organizations including the Southern Poverty Law Center.
Mrs. Campbell obtained her undergraduate degree from the University of Missouri
(cum laude).
Mrs. Campbell is a member of the Federal Courts Committee of the New York
County Lawyers Association and served as a panelist in a continuing legal education
course offered by the Committee concerning waiver of attorney-client privilege under
Federal Rule of Evidence 501. Additionally, Mrs. Campbell is a member of the New York
State Bar Association, the National Association of Women Lawyers, and the New York
Women’s Bar Association.
Education:
▪ B.A., University of Missouri (2000)
▪ J.D., University of Pennsylvania Law School (2004)
27
Bar affiliations and court admissions:
▪ Bar of the State of New York (2005)
▪ U.S. Courts of Appeals for the First, Second and Eleventh Circuits
▪ U.S. District Courts for the Southern and Eastern Districts of New York
Professional affiliations:
▪ American Bar Association
▪ New York State Bar Association
▪ New York County Lawyers Association
▪ New York Women’s Bar Association
▪ National Association of Women Lawyers
Mrs. Campbell can be reached by email at: MCampbell@kaplanfox.com
ELANA KATCHER has extensive complex antitrust litigation experience drawn
from her work on both the plaintiff and defense sides. Ms. Katcher began her career in
antitrust litigation as an associate at Sullivan & Cromwell LLP where she was a member
of the trial team defending Microsoft Corporation against a series of private class actions
brought in courts around the country, as well as representing other major defendants in
bet-the-company litigation.
Since 2007, Ms. Katcher has been instrumental in some of Kaplan Fox’s largest
cases, including In re Air Cargo Shipping Servs. Antitrust Litig., MDL No. 1775 (E.D.N.Y.),
and a successful bellwether trial in Neurontin Marketing, Sales Practices & Products
Liability Litig., MDL No. 1629 (D. Mass.). In addition, Ms. Katcher co-drafted a successful
opposition to the first Rule 12(b)(6) motion to dismiss in the sprawling Generic
Pharmaceutical antitrust actions, In re Propranolol Antitrust Litig., 249 F. Supp. 3d 712
(S.D.N.Y. 2017) (Rakoff, J.), and continues to work on behalf of the Direct Purchaser
Plaintiffs in the Generic Pharmaceutical antitrust actions now pending before District
Judge Cynthia M. Rufe in the Eastern District of Pennsylvania, including as part of the
briefing team that recently prevailed against the first tranche of motions to dismiss brought
in that litigation. See In re Generic Pharm. Pricing Antitrust Litig., No. 16-CB-27243, 2018
WL 5003450 (E.D. Pa. Oct. 16, 2018).
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In addition, Ms. Katcher represents significant corporate clients, including clients
listed on Nasdaq, in individual antitrust actions in Packaged Seafood in which she has
recently co-argued a key motion to dismiss before District Judge Janis L. Sammartino,
obtaining a significant victory where the court upheld jurisdiction over two foreign
defendants. See In re Packaged Seafood Prod. Antitrust Litig., No. 15-MD-2670 JLS
(MDD), 2018 WL 4222506 (S.D. Cal. Sept. 5, 2018). She is currently part of the co-lead
team for the direct purchaser class plaintiffs in In re Caustic Soda Antitrust Litigation, 19-
cv-00385 (W.D.N.Y.), and is a member of the steering committee representing the indirect
reseller plaintiff class in In re Juul Labs, Inc. Antitrust Litigation, 20-cv-02345 (N.D. Cal.).
Prior to Kaplan Fox, she was an associate at Sullivan & Cromwell LLP and King &
Spalding LLP, where she participated in the defense of major companies, including at trial
and in arbitration.
Education:
▪ B.A. Oberlin College
▪ J.D., New York University
Bar Affiliations and Court Admissions:
▪ Bar of the State of New York
▪ U.S. District Courts for the Southern and Eastern Districts of New York
Professional Affiliations:
▪ New York State Bar Association
▪ New York City Bar Association
Ms. Katcher can be reached by email at: ekatcher@kaplanfox.com
MATTHEW P. McCAHILL was associated with Kaplan Fox from 2003 to 2005, re-
joined the firm in May 2013 and became a partner in 2016. He practices in the areas of
antitrust and securities litigation, as well as commercial litigation. From 2006 to early
2013, Mr. McCahill was an associate at Berger & Montague, P.C. in Philadelphia. While
focusing on insurance and antitrust class action cases, including In re Payment Card
Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 (E.D.N.Y.)
and Ormond et al. v. Anthem, Inc. et al., Case No. 1:05-cv-01908-TWP-TAB (N.D. Ind.)
(related to the demutualization of Anthem Insurance, which settled for $90 million in
29
2012), he also represented corporations and bankruptcy trustees in commercial litigation
involving claims for breach of contract, breach of fiduciary duty and fraudulent
conveyance.
Mr. McCahill’s practice includes representation of plaintiffs opting out of class
actions. He represented large retailers who opted out of the Payment Card class to
pursue their own antitrust actions against Visa and MasterCard challenging the networks’
merchant rules and their interchange (or “swipe”) fees. Among the merchants he and the
firm represented in that case were E-Z Mart Stores, Inc., Sunoco, LP (formerly known as
Susser Holdings Corp., operator of the Stripes® convenience store chain), Jacksons
Food Stores, Sheetz, Inc., Kum & Go, L.C., Einstein Noah Restaurant Group, Furniture
Row, Inc. and NPC International, Inc. (the world’s largest franchisee of Pizza Hut
restaurants).
Mr. McCahill is part of the Kaplan Fox team representing large grocery chains and
food distributors (including Giant Eagle, Inc., Associated Food Stores, Inc., Affiliated
Foods, Inc., Western Family Foods, Inc. and the McLane Company, Inc., among others)
in individual actions in In re Packaged Seafood Products Antitrust Litigation, MDL No.
2670 (S.D. Cal.), alleging price-fixing and other antitrust violations against Tri-Union
Seafoods, LLC (d/b/a Chicken of the Sea), Bumble Bee Foods, LLC, and others. Mr.
McCahill currently represents some of the same clients in opt-out antitrust litigation
against the nation’s largest producers of broiler chickens, in In re Broiler Chicken Antitrust
Litigation, pending in federal court in Chicago. He and other Kaplan Fox lawyers also
represented the Ohio Public Employees Retirement System in an individual securities
fraud action against Brazilian energy conglomerate Petrobras in In re Petrobras Securities
Litigation, Civ. Action No. 14-cv-9662 (JSR) (S.D.N.Y.).
Mr. McCahill’s current and past involvement in class action litigation at Kaplan Fox
includes: In re Cast Iron Soil Pipe Antitrust Litigation, MDL No. 2508 (E.D. Tenn.), where
he represented a proposed class of direct purchasers of cast iron soil pipes and fittings
in an antitrust case against the Cast Iron Soil Pipe Institute, Charlotte Pipe & Foundry Co.
and McWane, Inc. and its subsidiaries; In re SandRidge Energy, Inc. Shareholder
Derivative Litigation, No. CIV-13-102-W (W.D. Okla.) (partial settlement of $38 million);
In re Neurontin Antitrust Litigation, MDL No. 1479 (D.N.J.) (delayed-generic entry action
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brought by direct purchasers of Pfizer’s drug Neurontin, which settled for $190 million
following nearly 12 years of litigation).
In 2014, 2015 and 2016, Mr. McCahill was named a “New York Metro Super
Lawyer – Rising Star” in antitrust litigation, and was selected as a “Pennsylvania Super
Lawyer – Rising Star” (also in antitrust litigation) in 2012 and 2013, and has each year
since 2017 been named a “New York Metro Super Lawyer” in antitrust litigation. He is a
member of the American, Pennsylvania State, New York State and New York City bar
associations. Mr. McCahill’s pro bono efforts focus primarily on representing Marine
Corps veterans in benefits proceedings before the Veterans Administration.
Mr. McCahill is a 2000 graduate of Rutgers College where he received a
B.A., summa cum laude, in history and was elected to Phi Beta Kappa. He graduated
from Fordham Law School in 2003, where he was a member of the Fordham Urban Law
Journal. He is fluent in French and proficient in Spanish.
Education:
▪ B.A., History, summa cum laude, Rutgers College (2000)
▪ J.D., Fordham Law School (2003)
Bar Affiliations and Court Admissions:
▪ Bars of the State of New York and the Commonwealth of Pennsylvania
▪ U.S. Court of Appeals for the Second Circuit
▪ U.S. District Courts for the Southern and Eastern Districts of New York and
the Eastern District of Pennsylvania
Professional Affiliations:
▪ American Bar Association
▪ New York State Bar Association
▪ Pennsylvania Bar Association
▪ Association of the Bar of the City of New York
Mr. McCahill can be reached by email at: mmccahill@kaplanfox.com
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ASSOCIATES
PAMELA MAYER is focused on the investigation, analysis and initiation of
securities claims on behalf of the firm’s institutional and individual clients utilizing her
combined legal and finance background.
Prior to joining Kaplan Fox, Ms. Mayer was a securities investigation and litigation
attorney for a multinational investment bank. Utilizing her combined legal and business
background, including her M.B.A., Ms. Mayer focuses on the research and analysis of
securities claims on behalf of our firm’s individual and institutional clients and is dedicated
full-time to the firm’s Portfolio Monitoring and Case Evaluation Program. Ms. Mayer also
has substantial litigation experience in the area of intellectual property.
Education:
▪ B.S., The University of Rochester
▪ J.D., The George Washington University
▪ M.B.A., Finance, The University of Michigan
Bar Affiliations and Court Admissions:
▪ Bar of the State of New York
▪ U.S. District Courts for the Southern and Eastern Districts of New York
Professional Affiliations:
▪ New York State Bar Association
Ms. Mayer can be reached by email at: pmayer@kaplanfox.com
AARON L. SCHWARTZ has been associated with Kaplan Fox since July 2017.
He practices civil litigation with an emphasis on complex business disputes, securities,
antitrust, and consumer protection.
Aaron has extensive experience advocating for consumer and shareholder rights,
having served on court-appointed lead counsel teams in notable antitrust, consumer
protection, and securities matters, including In re Google Play Consumer Antitrust
Litigation (monopolization of the Google Play Store), In re Apple Inc. Device Performance
Litigation (iPhone throttling), and In re Vale S.A. Securities Litigation (misstatements and
omissions to investors related to dam safety).
32
Aaron also currently serves as counsel to certain public pension funds and
institutional investor clients in matters concerning corporate mismanagement and breach
of fiduciary duties, including In re Allianz Global Investor U.S. LLC Litigation.
Prior to joining the firm, Mr. Schwartz was a Deputy Attorney General in the
Pennsylvania Office of Attorney General, Antitrust Section. As a Deputy Attorney
General, Mr. Schwartz conducted investigations, brought suit to enjoin anticompetitive
corporate mergers, and prosecuted pharmaceutical product-hopping schemes, market
allocation schemes, and unfair trade practices. Notable matters included FTC v. Penn
State Hershey Medical Center and U.S. v. Aetna Inc.
Education:
▪ B.A., University of Wisconsin—Madison (2009)
▪ J.D., The Pennsylvania State University—The Dickinson School of Law (2014)
Bar Affiliations and Court Admissions:
▪ Bar of the Commonwealth of Pennsylvania
▪ Bar of the State of New York
▪ U.S. Court of Appeals for the Third Circuit
▪ U.S. District Courts for the Eastern, Middle, and Western Districts of
Pennsylvania; and U.S. District Courts for the Eastern and Southern Districts
of New York
Professional Affiliations:
▪ Pennsylvania Bar Association
▪ American Bar Association
Publications:
▪ Effective Merger Enforcement: Is it Time for a Retrospective Study on Cross-
Market Provider Transactions, A.B.A., Section of Antitrust Law, 8 State
Enforcement Committee Newsletter 4, 10 (Spring 2017).
Mr. Schwartz can be reached by email at: aschwartz@kaplanfox.com
JASON A. URIS has been associated with Kaplan Fox since May 2013 and has
over nine years of securities litigation experience. He practices in the areas of securities,
antitrust litigation. He has recently been a member of the litigation teams for various
33
securities cases including Milbeck v. Truecar, Inc., et al. (C.D. Cal.) ($28.25 million
settlement); Kasper v. AAC Holdings, Inc., et al. (M.D. Tenn.) ($25 million settlement);
and In re SandRidge Energy, Inc. Shareholder Derivative Litigation, No. CIV-13-102-W
(W.D. Okla.) (partial settlement of $38 million).
He is currently involved in several litigations, including Mehedi v. View Inc., et
al. (N.D. Cal.); Julia Junge and Richard Junge, v. Geron Corp. and John Scarlett (N.D.
Cal.); and Gluck v. Hecla Mining Company (S.D.N.Y.). Mr. Uris was named a 2022
"Rising Star" by Thomson Reuters' Super Lawyers.
Education:
▪ B.A., cum laude, Boston University (2011)
▪ J.D., Fordham University School of Law (2014)
Bar Affiliations and Court Admissions:
▪ Bar of the State of New York (2015)
▪ U.S. District Courts for the Southern and Eastern Districts of New York
Professional Affiliations:
▪ New York State Bar Association
Mr. Uris can be reached by email at: juris@kaplanfox.com
BLAIR REED joined Kaplan Fox as an associate in January 2022. Blair’s practice
focuses on consumer class actions, employment cases, data privacy claims, and
business litigation. She has extensive experience handling coordinated proceedings and
complex discovery issues in both federal and state court.
Blair has represented consumers in cases involving unfair business practices and
consumer fraud, breaches of warranty, invasions of privacy, data breaches, and
wiretapping. Prior to joining Kaplan Fox, she was involved in numerous successful
recoveries for consumers including Moore v. Kimberly-Clark Worldwide, Inc., which
resulted in a nationwide settlement valued at over $11 million for purchasers of allegedly
defective tampons. Additionally, in 2019, Blair participated on the trial team in Perez v.
Rash Curtis & Associates, where the jury returned a verdict for $267 million in statutory
damages under the Telephone Consumer Protection Act.
34
Blair received her Juris Doctor from University of San Francisco School of Law in
2017, where she was a Dean’s Scholar and member of the University of San Francisco
Law Review. Blair also attended University of San Francisco for her undergraduate
degree where she played on the NCAA Division I Women’s Tennis Team.
Education:
▪ Bar of the State of California (2017)
▪ J.D., University of San Francisco School of Law (2017)
o Dean’s Scholar
o USF Law Review
▪ B.A. in Advertising and Communications, University of San Francisco (2013)
Bar Affiliations and Court Admissions:
▪ Bar of the State of California (2017)
▪ U.S. District Courts for the Northern, Central, Southern and Eastern Districts of
California
▪ Ninth Circuit Court of Appeals
BRANDON FOX practices primarily in the areas of securities, consumer protection
and data privacy litigation.
Mr. Fox is currently involved in several litigations, including Julia Junge and
Richard Junge v. Geron Corp. and John Scarlett (N.D. Cal.); Steven B. Christiansen v.
Spectrum Pharmaceuticals, Inc. (S.D.N.Y.); and In re Vale S.A. Securities Litigation
(E.D.N.Y).
Mr. Fox was also a member of the teams that litigated the following cases: In re
Apple Inc. Device Performance Litigation and In re Allianz Global Investor U.S. LLC
Litigation.
Prior to joining the firm, Brandon worked for about two years as a paralegal at a
global defense firm in New York.
Education:
▪ J.D., Benjamin N. Cardozo School of Law (2019)
▪ B.S. in Political Science, University of Southern California (2014)
35
Bar Affiliations and Court Admissions:
▪ Bar of the State of New York
OF COUNSEL
GARY L. SPECKS practices primarily in the area of complex antitrust litigation.
He has represented plaintiffs and class representatives at all levels of litigation, including
appeals to the U.S. Courts of Appeals and the U.S. Supreme Court. In addition, Mr.
Specks has represented clients in complex federal securities litigation, fraud litigation,
civil RICO litigation, and a variety of commercial litigation matters. Mr. Specks is resident
in the firm’s Chicago office.
During 1983, Mr. Specks served as special assistant attorney general on antitrust
matters to Hon. Neil F. Hartigan, then Attorney General of the State of Illinois.
Education:
▪ B.A., Northwestern University (1972)
▪ J.D., DePaul University College of Law (1975)
Bar Affiliations and Court Admissions:
▪ Bar of the State of Illinois (1975)
▪ U.S. Courts of Appeals for the Third, Fifth, Seventh, Ninth and Tenth Circuits
▪ U.S. District Court for the Northern District of Illinois, including Trial Bar
Professional Affiliations:
▪ American Bar Association
▪ Illinois Bar Association
▪ Chicago Bar Association
Mr. Specks can be reached by email at: GSpecks@kaplanfox.com
W. MARK MCNAIR has been associated with Kaplan Fox since 2003. He
practices in the area of securities litigation. Mr. McNair is actively involved in maintaining
and establishing the Firm’s relationship with institutional investors and is active in the
Firm’s Portfolio Monitoring and Case Evaluation Program for the Firm’s numerous
institutional investors. Mr. McNair is a frequent attendee and speaker at various events
for institutional investors.
36
Mr. McNair is a frequent speaker at various institutional events, including the
National Conference of Public Employee Retirement Systems and the Government
Finance Office Association.
Prior to entering private practice, Mr. McNair was an Assistant General Counsel at
the Municipal Securities Rulemaking Board where he dealt in a wide range of issues
related to the trading and regulation of municipal securities. Previously, he was an
attorney in the Division of Market Regulation at the Securities and Exchange Commission.
At the Commission his work focused on the regulation of the options markets and
derivative products.
Education:
▪ B.A. with honors, University of Texas at Austin (1972)
▪ J.D. University of Texas at Austin (1975)
▪ L.L.M. (Securities) Georgetown University (1989)
Bar Affiliations and Court Admissions:
▪ Bar of the State of Texas (1975)
▪ Bar of the State of Maryland (1995)
▪ Bar of the State of Pennsylvania (1995)
▪ Bar of the District of Columbia (2008)
▪ U.S. Courts of Appeals for the Third, Fifth, Seventh, Ninth and Tenth Circuits
▪ U.S. District Court for the Northern District of Illinois, including Trial Bar
Mr. McNair can be reached at MMcnair@kaplanfox.com
WILLIAM J. PINILIS practices in the areas of commercial, consumer and
securities class action litigation.
He has been associated with Kaplan Fox since 1999 and is resident in the firm’s
New Jersey office.
In addition to his work at the firm, Mr. Pinilis has served as an adjunct professor at
Seton Hall School of Law since 1995 and is a lecturer for the New Jersey Institute for
Continuing Legal Education. He has lectured on consumer fraud litigation and regularly
teaches the mandatory continuing legal education course Civil Trial Preparation.
37
In 2021, Mr. Pinilis was appointed as Municipal Court Judge for Morristown, New
Jersey.
Mr. Pinilis is the author of “Work-Product Privilege Doctrine Clarified,” New Jersey
Lawyer, Aug. 2, 1999; “Consumer Fraud Act Permits Private Enforcement,” New Jersey
Law Journal, Aug. 23, 1993; “Lawyer-Politicians Should Be Sanctioned for Jeering
Judges,” New Jersey Law Journal, July 1, 1996; “No Complaint, No Memo – No Whistle-
Blower Suit,” New Jersey Law Journal, Sept. 16, 1996; and “The Lampf Decision: An
appropriate Period of Limitations?” New Jersey Trial Lawyer, May 1992.
Education:
▪ B.A., Hobart College (1989)
▪ J.D., Benjamin Cardozo School of Law (1992)
Bar Affiliations and Court Admissions:
▪ Bar of the State of New Jersey (1992)
▪ Bar of the State of New York (1993)
▪ U.S. District Courts for the District of New Jersey, and the Southern and
Eastern Districts of New York
Professional Affiliations:
▪ Morris County Bar Association
▪ New Jersey Bar Association
▪ Graduate, Brennan Inn of Court
Mr. Pinilis can be reached by email at: WPinilis@kaplanfox.com
JUSTIN B. FARAR joined Kaplan Fox in March 2008. practices in the area of
securities litigation and antitrust litigation with a special emphasis on institutional investor
involvement. He is located in the Los Angeles office. Prior to working at Kaplan Fox, Mr.
Farar was a litigation associate at O’Melveny & Myers, LLP and clerked for the Honorable
Kim McLane Wardlaw on the Ninth Circuit Court of Appeals. Mr. Farar also currently
serves as a Commissioner to the Los Angeles Convention and Exhibition Authority.
Mr. Farar is also an adjunct professor at the University of Southern California Gould
Law School teaching a course on class actions.
Education:
38
▪ J.D., order of the coif, University of Southern California Law School (2000)
▪ B.A., with honors, University of California, San Diego
Bar Affiliations and Court Admissions:
▪ Bar of the State of California (2000)
▪ U.S. Court of Appeals for the Ninth Circuit (2000)
▪ U.S. District Court for the Central of California (2000)
Awards:
▪ The American Society of Composers, Authors and Publishers’ Nathan Burkan
Award Winner, 2000 for article titled “Is the Fair Use Defense Outdated?”
Mr. Farar can be reached by email at: JFarar@kaplanfox.com
MATTHEW GEORGE is a complex litigation attorney at Kaplan Fox & Kilsheimer
LLP with a practice focused on data privacy, consumer protection, and employment/labor
cases. He has significant experience and expertise handling multidistrict litigation and
other coordinated proceedings in state and federal courts involving multiple parties and
complex discovery issues.
Matthew has a strong track record opposing Silicon Valley’s largest companies in
lawsuits involving emerging technology and novel legal issues. He was on Kaplan Fox’s
lead counsel team in In re: Apple Device Performance Litigation, that recovered a
settlement of up to $500 million on claims that Apple violated the Computer Fraud and
Abuse Act. In that case he managed third-party discovery of two dozen companies in the
U.S. and Asia and first chaired a series of depositions. He is currently court appointed
co-lead counsel in In re: Robinhood Outage Litigation, representing investors alleging
losses attributable to a series of unprecedented outages of Robinhood’s trading app in
March of 2020. He also represents a certified class of patients alleging that failed blood
testing startup Theranos and Walgreens unlawfully experimented on them in In re:
Arizona Theranos Incorporated Litigation. Matthew has also obtained innovative rulings
at the trial and appellate levels on claims against Facebook, Adobe, and Yahoo over
mishandling of consumers' personal information and data.
Matthew has also advanced initiatives for underrepresented communities both in
and out of court. He was recently co-lead counsel in cases against health care
39
conglomerates CVS/Caremark and Aetna that collectively recovered over $20 million on
behalf of Americans living with HIV when their healthcare information was wrongfully
exposed. Matthew has been a longstanding member of BALIF, the Bay Area’s (and
nation’s oldest) LGBTQI+ bar association, where he has volunteered in BALIF’s formal
mentorship program helping new attorneys enter the profession. He has also been a
member of the Consumer Attorneys of California’s Diversity Committee, where he co-
sponsored an event inclusive of the Bay Area’s minority bar associations.
Matthew has been selected by his peers as a “Rising Star” by Northern California
Super Lawyers each year from 2011-2014 and was chosen as a “Super Lawyer” in 2016,
the first year he was eligible for the distinction and every year since. He has been a regular
speaker at industry conventions and seminars on topics ranging from arbitration, expert
depositions, and class action settlement strategies.
Education:
▪ B.A., Political Science and Criminal Justice, magna cum laude, Chapman
University (2002)
▪ J.D., The University of Michigan Law School (2005)
Publications and Speaking Engagements:
▪ Expert Depositions: Promoting Expertise and Limiting Exposure –Bridgeport
Continuing Legal Education “Mastering the Deposition” Seminar (January
2017)
▪ “How Viable Is the Prospect of Private Enforcement of Privacy Rights In The
Age of Big Data? An Overview of Trends and developments In Privacy Class
Actions” – Competition, The Journal of the Antitrust and Unfair Competition Law
Section of the State Bar of California, Volume 24, No. 1 (Spring 2015)
▪ Panel Discussion of Sony Pictures Data Breach Cases – CNBC’s “Squawk On
the Street” (December 2014)
▪ New and Developing Practice Areas – CAOC 53rd Annual Convention
(November 2014)
▪ Privacy Law Symposium – University of California, Hastings College of the La
(April 2014)
40
▪ Update On the Target Data Breach Litigation – HarrisMartin Target Data
Breach MDL Conference (March 2014)
▪ Consumer Privacy Law – 8th Annual CAOC Class Action Seminar (February
2014)
▪ Privacy Litigation and Management: Strategies For Protection and Litigation –
Bridgeport Continuing Legal Education Seminar (December 2012)
▪ Class Action Settlement Strategies and Mechanics – 12th Annual Bridgeport
Class Action Litigation & Management Conference (April 2012)
▪ Developments In the Arbitration of Wage and Hour Disputes – Bridgeport 2010
Wage and Hour Conference (October 2010)
Bar Affiliations and Court Admissions:
▪ Bar of the State of California
▪ U.S. District Courts for the Northern, Central, Southern and Eastern Districts of
California, and the District of Colorado
▪ Ninth Circuit Court of Appeals
Professional Affiliations:
▪ Bay Area Lawyers for Individual Freedom
▪ Consumer Attorneys of California (Diversity Committee)
▪ American Bar Association (Labor and Employment Section)
Mr. George can be reached by email at: mgeorge@kaplanfox.com
KATHLEEN HERKENHOFF is a complex litigation attorney, with a practice
principally focused on securities and consumer class actions, as well as shareholder
derivative actions. Kathleen’s experience includes employment litigation and data
privacy matters. Over the course of her career, she has played a key role in obtaining
more than $1 billion in settlement recoveries for victims of corporate fraud and
misconduct. She joined Kaplan Fox & Kilsheimer LLP in 2021.
Kathleen’s law career started at the United States Securities and Exchange
Commission, where she investigated and litigated securities fraud and insider trading
actions. Her SEC victories include securing a $22 million judgment in a complex offering
fraud.
41
Following her SEC career, she joined a national class action litigation firm. During
her 12 years at the firm (at which she was a partner from 2002 to 2009), she practiced in
all areas of securities class and derivative litigation on behalf of both institutional and
individual shareholders. Kathleen’s work contributed to securing monetary recoveries
exceeding $1 billion on litigation involving HealthSouth Corp. ($671 million in class
action), AOL Time Warner, Inc. ($618 million in opt out litigation), Mattel, Inc. ($122 million
in class action), Honeywell International, Inc. ($100 million in class action), Vesta
Insurance Group, Inc. ($78 million combined settlement, with $17 million from auditor in
class action), St. John Knits ($60 million settlement value in challenge to insider deal
seeking to take company private), SmarTalk Teleservices, Inc. ($27.1 million, plus a
separate $15 million auditor settlement in class action) and scores of other corporate
entities, including large value recoveries exceeding $30 million in shareholder derivative
actions. In addition to litigating these matters, Kathleen drafted and negotiated sweeping
corporate governance improvements in connection with settlements for several of these
actions.
In addition to the substantial class action practice Kathleen enjoyed at the national
law firm, she also dedicated significant work toward achieving excellent results in
numerous shareholder derivative cases:
In re KB Home Shareholder Derivative Litig., No. 06-CV-05148 (C.D. Cal.) (served
on co-lead counsel team recovering more than $31 million in financial benefits, including
$21.5 million in cash, plus substantial corporate governance enhancements relating to
KB Home’s stock option granting practices, director elections, and executive
compensation practices).
In re Coherent, Inc. Shareholder Derivative Litig., No. 507CV00955 (N.D. Cal.)
(settlement including recovery to company of over $6 million in cash and cancelled stock
options, and substantial governance reforms).
In re Corinthian Colleges, Inc. Shareholder Derivative Litig., No. SACV-06-0777-
AHS (ANx) (C.D. Cal.) (settlement including repricing of $2 million worth of misdated
options, and enactment of corporate governance reforms).
42
In re First American Corp. Shareholder Derivative Litig., No. SACV-06-1230-JVS
(RNBx) (C.D. Cal.) (settlement including repayment by certain officers and directors of
more than $700,000 to company, and corporate governance enhancements).
In re Eclipsys Corp. Derivative Litigation, No. 07-80611-CIV-MIDDLEBROOKS
(S.D. Fla.) (settlement of shareholder derivative action involving governance
improvements).
In re Rambus, Inc. Derivative Litig. No. 506CV03513 (N.D. Cal.) (settlement of
shareholder derivative action for substantial governance reforms).
In 2010, Kathleen spearheaded the opening of a California office of a boutique firm
with merger & acquisition and shareholder derivative practice groups. In her role,
Kathleen continued to obtain significant victories, including obtaining cutting edge
corporate governance reforms to be enacted by various corporate entities. A sampling
of this work includes Kathleen’s role as co-lead counsel in successful shareholder
derivative litigation on behalf of Nominal Defendant Diamond Foods, Inc., resulting in
more than $10 million in financial consideration for the company, in addition to corporate
governance enhancements. In re Diamond Foods, Inc. S’holder Derivative Litig., Lead
Case No. CGC-11-515895 (Cal. Super. Ct. San Francisco Cnty).
Kathleen also helped to secure the boutique firm’s leadership position in a federal
shareholder derivative litigation on behalf of Nominal Defendant Intuitive Surgical, Inc.
(“Intuitive”). Berg v. Guthart, et al., Case Nos. 5:14-cv-00515-EJD (N.D. Cal.). The
Intuitive shareholder derivative action was thereafter litigated in a combined effort with
the state court lead counsel before the Honorable Gerald J. Buchwald of the Superior
Court for the State of California, San Mateo County, reaching a pre-trial settlement
including $15 million in value recovered for the Company. Public School Teachers’
Pension and Retirement Fund of Chicago v. Guthart, et al., Case No. CIV-526930 (Cal.
Super. Ct San Mateo Cnty.).
Additional representative shareholder derivative actions include:
In re Galena Biopharma, Inc. Derivative Litigation, Case No. 3:14-cv-00382-SI
(Lead) (D. Or.) (settlement including $15 million payment, cancellation of $1.2 million
worth of stock options allegedly granted improperly to certain of Galena’s directors, and
the adoption of corporate governance reforms).
43
Barovic v. Ballmer, et al., Lead Case No: 2:14-cv-00540-JCC (W.D. Wa.)
(derivative action on behalf of Microsoft, with settlement involving significant corporate
governance measures concerning the Company’s compliance with antitrust laws and
regulations.).
In re Art Tech. Group, Inc. Shareholders Litig., C.A. No. 5955-CC (Del. Ch.)
(member of deposition team involved in obtaining factual record to support preliminary
injunction against proposed $1 billion merger transaction for which partial fee was later
awarded).
In re Rentech, Inc. Derivative Litig., Lead Case No. BC 430553 (Cal. Super. Ct.
Los Angeles Cnty.) (settlement approved with extensive governance reforms, including
limits on employee directors serving on more than two public company boards).
In re Cadence Design Systems, Inc. Securities and Derivative Litig., No. C-08-
4966-SC (N.D. Cal.) (settlement resulting in corporate governance enhancements).
Denham v. Yoseloff, et al., A-09-603275-C (Eighth Judicial District for Clark
County, Nevada) (action on behalf of Shuffle Master, Inc., with governance improvements
in settlement including separation of Chairman and CEO positions).
As indicated, each of the representative actions included governance
improvements. In particular, the governance enhancements that Kathleen has pushed
for in various actions have received praise from courts, such as the Honorable Marie S.
Weiner of the San Mateo County Superior Court, who commented that the governance
improvements in one settlement were “the most detailed and extensive corporate
governance changes I’ve seen in a derivative settlement.” In re SciClone Pharms., Inc.
S’holder Derivative Litig., No. CIV 499030 (Cal. Super. Ct., San Mateo Cnty.) (settlement
included the adoption of cutting-edge corporate governance reforms including
establishment of a Foreign Corrupt Practices Act (“FCPA”) compliance coordinator; the
adoption of an FCPA compliance program; and the adoption of additional internal controls
and compliance functions).
Kathleen’s work has also included protecting shareholders in appellate court
matters. See e.g. Dennis v. Hart, et al., 724 F.3d 1249 (9th Cir. 2013) (rejecting
defendants’ arguments in shareholder derivative action that, among other things, the
doctrine of complete preemption conferred federal jurisdiction in the action in view of the
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inclusion of allegations that defendants’ conduct violated the Dodd-Frank Wall Street
Reform and Consumer Protection Act). At the time of its issuance, Dennis was
considered a significant victory for shareholders seeking more than one forum in which
to pursue claims for conduct stemming from Dodd-Frank.
Other key victories include Rosenbloom v. Pyott, 765 F.3d 1137 (9th Cir. 2014).
Kathleen was involved in the litigation of this shareholder derivative litigation against
various Allergan, Inc. insiders for the alleged illegal marketing of “Botox”. In the district
court, plaintiffs were initially dismissed following defendants’ motions to dismiss, but on
September 2, 2014, the Ninth Circuit issued a significant reversal in plaintiffs’ favor. A
three-judge Ninth Circuit panel unanimously concluded that the district court abused its
discretion in dismissing the action for purported failure to show that a pre-lawsuit
“demand” should be excused. Kathleen worked extensively as part of the team of co-
lead counsel in the action on the pleadings and briefs before the district court and
development of the factual record. In assessing the record from the district court, Judge
Stephen Reinhardt wrote that plaintiffs presented “a battery of particularized factual
allegations that strongly support an inference at this stage of the litigation that the Board
knew of and did nothing about illegal activity.”
Immediately prior to joining Kaplan Fox, Kathleen served as a partner in a law firm
specializing in employment litigation, as well as in class and shareholder derivative
matters. This experience expanded her practice to include pursuing relief for employees
victimized by illegal conduct in the workplace, whether for wage and hour claims,
discrimination, harassment or a host of other improper practices.
Notably, since 2018, Kathleen has served on the Plaintiffs’ Executive Committee
in In re: Apple Inc. Device Performance Litigation (N.D. Cal.), which is profiled above in
other sections of the firm’s resume and on the firm’s webpage.
Education:
▪ Bar of the State of California (1993)
▪ J.D., Pepperdine University School of Law (1993)
o Dean’s Honor List
o American Jurisprudence Award, Constitutional Law and Agency-
Partnership
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▪ B.A. in English Literature, University of California at Berkeley (1989)
Bar Affiliations and Court Admissions:
▪ Bar of the State of California (1993)
▪ U.S. District Courts for the Northern, Central, Southern and Eastern Districts of
California
▪ Ninth Circuit Court of Appeals
Ms. Herkenhoff can be reached by email at: kherkenhoff@kaplanfox.com
PETER S. LINDEN joined Kaplan Fox in August 2021. Mr. Linden’s practice
concentrates on securities, commercial, and healthcare fraud litigation. His clients include
public pension funds and other institutional investors, individuals, businesses, and
governmental entities. Prior to joining Kaplan Fox, Mr. Linden was a partner at another
national securities law firm, where he spent over 30 years, including almost ten years as
one of that firm’s managing partners. During his career, Mr. Linden has obtained
numerous outstanding recoveries, totaling in excess of a billion dollars.
In the area of securities litigation, Mr. Linden has played a leading role in numerous
successful class actions, including the following examples. He represented plaintiffs, as
lead counsel, in In re Citigroup Inc Securities Litig., 07 Civ. 9901 (S.D.N.Y.), a class action
arising out of Citigroup’s alleged misrepresentations regarding their exposure to losses
associated with numerous collateralized debt obligations. This case settled for $590
million -- at the time, the largest CDO-related settlement ever, as well as the largest
settlement of a fraud-only action. In In re BISYS Securities Litig., 04 Civ. 3840 (S.D.N.Y.),
Mr. Linden’s representation of a municipal pension fund as co-lead counsel in a securities
class action alleging accounting improprieties resulted in a $65 million recovery. In In re
Laidlaw Bondholder Litig., No. 3-00-2518-17 (D.S.C.), Mr. Linden represented, as lead
counsel, two major insurance companies and a bondholder class in a securities class
action resulting in a $42.875 million recovery. Finally, he represented several large
municipal bond issuers in confidential FINRA arbitrations against large, institutional
banks. The claims alleged various misrepresentations and breaches of statutory and
fiduciary duties by the underwriters of auction rate securities.
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Mr. Linden has handled many notable actions in the consumer protection area as
well. He served as Chairman of the Plaintiffs’ Steering Committee in In re MCI Non-
Subscriber Litig., MDL No. 1275 (S.D. Ill.), a consumer class action resulting in an
approximately $90 million recovery for the class. In Carnegie v. Household International,
Inc., et al., No. 98 C 2178 (N.D. Ill.) he and his firm served as co-lead counsel in a class
action against H&R Block and Household Bank (as successor to Beneficial National
Bank) for the benefit of taxpayers who had obtained Refund Anticipation Loans (“RALs”).
The case alleged that H&R Block and Beneficial National Bank made misrepresentations
and charged people undisclosed fees on RALs. After years of litigation and appeals, the
case resulted in a settlement of $39 million in cash. In In re IDT Corp. Calling Card Terms
Litig., No. 207 CV 01076 (D.N.J.), Mr. Linden served as lead counsel in a class action
litigation against certain related prepaid calling card providers, alleging that they failed to
inform consumers sufficiently about the applicable rates and charges for such calling
cards, and thereby violated various state consumer protection acts and other laws. The
case resulted in a settlement of up to $20 million in Refund PINs (representing free
domestic telephone minutes), $2 million in charitable donations, and additional relief
consisting of enhanced disclosures of calling card charges.
In the healthcare arena, Mr. Linden represented the State of Michigan in Bill
Schuette, Attorney General of The State Of Michigan, ex rel The State of Michigan v.
McKesson Corporation, et al., No. 11-629-CZ (Ingham Cty. Cir. Ct.), a lawsuit arising out
of a scheme to increase the Average Wholesale Prices of hundreds of brand name drugs
causing the submission of false claims to the Michigan Medicaid program, and the
overpayment of Medicaid pharmacy claims. The court determined that the State had
successfully pled a cause for money damages under its Medicaid False Claims Act.
Mr. Linden’s advocacy also has resulted in many notable decisions, including:
Epstein v. MCA, Inc., finding a private right of action, and granting partial summary
judgment, under Section 14(d)(7) of the Securities Exchange Act; and In re eBay, Inc.
Shareholders Litig., finding that investment banking advisors could be held liable for
aiding and abetting insiders’ acceptance of IPO allocations through “spinning.”
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Mr. Linden has been selected by Super Lawyers for securities litigation. His work
has also resulted in recognition in Law360 and the National Law Journal’s “Plaintiffs’ Hot
List.”
Prior to going into private practice, Mr. Linden worked as an Assistant District
Attorney in the Kings County District Attorney’s Office for over six years and gained
significant trial and appellate experience. He ultimately served as a supervising attorney
of that Office’s Economic Crimes Bureau.
Education:
▪ B.A., State University of New York at Stony Brook (1980), Pi Sigma Alpha
Honor Society
▪ J.D., Boston University School of Law (1984)
Court Admissions and Bar Affiliations:
▪ New York State Bar
▪ United States District Court for the Southern District of New York
▪ United States District Court for the Eastern District of New York
▪ United States District Court for the Eastern District of Michigan
▪ United States District Court for the Eastern District of Wisconsin
▪ United States District Court for the Southern District of California
▪ United States Courts of Appeals for the Second, Third, Sixth, Seventh, Eighth,
Ninth, Tenth and the District of Columbia Circuits
Professional affiliations:
▪ New York State Bar Association
▪ Association of the Bar of the City of New York
▪ National Association of Public Pension Plan Attorneys
▪ Dean’s Advisory Board, Boston University School of Law
▪ Advisory Board, Boston University School of Law Small & Mid-Size Firm
Apprenticeship Program (SMAP)
Mr. Linden can be reached by email at: plinden@kaplanfox.com