Skip to main content

Class Action Litigation 2014

Speaker(s): Cameron Azari, Daniel L. Berger, David G. Keyko, Georgene M. Vairo, Gregory A. Markel, Jeremy A. Lieberman, Jeremy M. Creelan, Joel S. Feldman, Judith Goldiner, Karen Hanson Riebel, Keith M. Fleischman, Lauren McGeever, Lisa E. Cleary
Recorded on: Jul. 9, 2014
PLI Program #: 51666

Jeremy A. Lieberman became associated with the Firm in August 2004, and became a partner in January 2010. Mr. Lieberman serves on the Firm’s Management Committee. At Pomerantz, Mr. Lieberman specializes in securities litigation. He has had an active role in a number of high-profile securities class and derivative actions, including Comverse Technology Sec. Litig., in which he and his partners achieved a historic $225 million settlement on behalf of the Class, which was the second-largest options backdating settlement to date.

Mr. Lieberman was lead counsel in In re Medicis Corp. Sec. Litig., in which the Court recently approved an $18 million settlement, and is lead counsel in In re China North East Petroleum Corp. Sec. Litig., and In re Columbia Laboratories, Inc. Sec. Litig., and co-lead counsel in In re Mellanox Technologies, Ltd. Sec. Litig. and In re Linn Energy LLC Sec. Litig.

In In re China North East Petroleum Corp. Sec. Litig., Mr. Lieberman achieved a significant victory for shareholders in the United States Court of Appeals for the Second Circuit, whereby the Appeals Court ruled that a temporary rise in share price above its purchase price in the aftermath of a corrective disclosure did not eviscerate an investor’s claim for damages. The Second Circuit’s decision was deemed “precedential” by the New York Law Journal, and provides critical guidance for assessing damages in a § 10(b) action.

Mr. Lieberman currently represents a number of banks and financial institutions in a class action on behalf of lenders arising out of the London Interbank Offered Rate (“LIBOR”) rate rigging scandal.

Mr. Lieberman regularly consults with Pomerantz’s international institutional clients, including pension funds, regarding their rights under the U.S. securities laws. Mr. Lieberman is working with the firm’s international clients to craft a response to the Supreme Court’s ruling in Morrison v. Nat’l Australia Bank, Ltd., which limited the ability of foreign investors to seek redress under the federal securities laws. Currently, Mr. Lieberman is representing several UK and EU pension funds and asset managers in individual actions against BP plc in the United States District Court for the Southern District of Texas.

Mr. Lieberman is a frequent lecturer regarding current corporate governance and securities litigation issues. In December 2013, he spoke at the Annual Provident Funds Coalition Conference in Eilat, Israel on Morrison and its implications for TASE investors. He also recently led a discussion regard U.S. securities class actions in Amsterdam.

Mr. Lieberman graduated from Fordham University School of Law in 2002. While in law school, he served as a staff member of the Fordham Urban Law Journal. Upon graduation, he began his career at a major New York law firm as a litigation associate, where he specialized in complex commercial litigation.

CAMERON R. AZARI, ESQ., is Director of Legal Notice for Epiq Systems, overseeing both its Hilsoft Notifications and Epiq Legal Noticing groups. He has fourteen years of experience in the design and implementation of legal notification and claims administration programs. Mr. Azari and his staff were responsible for the multimillion dollar, companion legal notice programs for the landmark settlements in In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, MDL No. 2179 (E.D. La.), as well as the settlement notice program for In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720.  Mr. Azari is an active member of the Oregon State Bar.  He received his Bachelor of Science from Willamette University and his Juris Doctor from Northwestern School of Law at Lewis and Clark College. Before joining Epiq Systems, Cameron was an attorney in private practice in Oregon.

Daniel Berger is a director at Grant & Eisenhofer. Prior to joining the firm, Mr. Berger was a partner at two major plaintiffs’ class action firms in New York, including Bernstein Litowitz Berger & Grossmann (BLBG), where he had litigated complex securities and discrimination class actions for twenty two years.

Mr. Berger’s experience includes trying three 10b-5 securities class actions to jury verdicts, which are among very few such cases ever tried. He also served as principal lead counsel in many of the largest securities litigation cases in history, achieving successful recoveries for classes of investors in cases including In re JPMorgan Chase & Co. Securities Litigation ($150 million);  In re Merck Vytorin/Zetia Securities Litigation ($215 million); In re Cendant Corp. Securities Litigation ($3.3 billion); In re Lucent Technologies, Inc. Securities Litigation ($675 million); In re Bristol-Myers Squibb Securities Litigation ($300 million); In re Daimler Chrysler A.G. Securities Litigation ($300 million); In re Conseco, Inc. Securities Litigation ($120 million); In re Symbol Technologies Securities Litigation ($139 million); and In re OM Group Securities Litigation ($92 million).

Mr. Berger has successfully argued several appeals that made new law favorable to investors, including In re Suprema Specialties, Inc. Securities Litigation, 438 F.3d 256 (3d Cir. 2005); McCall v. Scott, 250 F.3d 997 (6th Cir. 2001) and Fine v. American Solar King Corp., 919 F.2d 290 (5th Cir. 1990.) In addition, Mr. Berger was lead class counsel in many important discrimination class actions, in particular Roberts v. Texaco, Inc., where he represented African-American employees of Texaco and achieved the then largest settlement ($175 million) of a race discrimination class action.

Mr. Berger currently is a member of the faculty of Columbia University School of Law, where he is a Lecturer in Law.  He also serves on the Board of visitors of the Law School. Previously, Mr. Berger was a member of the Board of Managers of Haverford College from 2000-2003.  He also now serves as the Co-Chair of the Board of GO Project, a not-for profit organization that provides academic support for New York City public school students, and also serves as a Member of the Board of Grace Church School in New York.  He also served on the Board of in Motion, Inc., a non-profit organization providing legal services to victims of domestic violence, for six years.

Mr. Berger is a 1976 graduate from Haverford College, and graduated in 1979 from Columbia University School of Law.


Columbia University Law School, J.D. (1979)

Haverford College, B.A., (1976)


New York, U.S. Court of Appeals for the 1st Circuit, U.S. Court of Appeals for the 2nd Circuit, U.S. Court of Appeals for the 3rd Circuit, U.S. Court of Appeals for the 6th Circuit, U.S. Court of Appeals for the 7th Circuit, U.S. Court of Appeals for the 9th Circuit, U.S. District Court for the Southern District of NY, U.S. District Court for the Eastern District of NY

Georgene Vairo teaches and writes in the areas of mass tort litigation, class actions, international dispute resolution, federal practice and jurisdiction.   She has written Rule 11 Sanctions and the chapters on removal jurisdiction, venue, and multidistrict litigation in Moore’s Federal Practice.  In addition to dozens of articles about federal practice and procedure, including most recently Is the Class Action Really Dead? Is that Good or Bad for Class Members?, 64 Emory L.J. 477 (2014);  Lessons Learned by the Reporter: Is Disaggregation the Answer to the Asbestos Mess?, 88 Tulane L. Rev. 1039 (2014) ; and What Goes Around, Comes Around; From the Rector of Barkway to Knowles, 32 Univ. Texas Rev. of Litig. 721 (2013), she has published The Complete CAFA:  Analysis and Developments Under the Class Action Fairness Act of 2005 (LEXIS 2011), and The Federal Courts Jurisdiction and Venue Clarification Act of 2011: Analysis and Case Law Developments (LEXIS 2013).

Professor Vairo served on the Board of Trustees of the Dalkon Shield Claimants Trust, and as its Chairperson. As Chair, she worked to develop systems for distributing over $3 Billion dollars to over 200,000 claimants.  She serves on the editorial board of Moore's Federal Practice, and is the author of two volumes of the Treatise.  She also is a member of the Rand Corporation’s Institute for Civil Justice Board of Overseers, and is a member of the American Law Institute.  In 2013, she was appointed Reporter to the ABA TIPS Task Force on Asbestos Litigation.  She has participated in numerous academic conferences, has lectured widely to the bench and bar at numerous programs of various national and local associations and institutes, and has served as an expert in complex civil litigation cases.

Professor Vairo received her B.A. from Sweet Briar College in Economics, and an M.Ed., with Distinction, in Social Studies from the University of Virginia.  She graduated first in her class from Fordham University School of Law.  She then served as a law clerk to the Honorable Joseph M. McLaughlin, U.S. Court of Appeals for the Second Circuit (then U.S. District Court for the Eastern District of New York); practiced antitrust law with Skadden Arps Slate Meagher & Flom; and taught at Fordham University School of Law, where she also served for 8 years as Associate Dean.  She joined the Loyola Law School faculty in 1995.

Professor Vairo serves as the ViceChair of and on the Executive Committee of the Board of Directors of Sweet Briar College, and as Vice President and on the Executive Committee of the Museum of Contemporary Art Santa Barbara; she has won national and California bicycle road race and criterion championships; loves sailing, trail running, her golden retrievers, and growing vegetables when it rains in California.

Greg Markel is a nationally known trial lawyer who concentrates his practice on securities litigation, corporate governance litigation, mergers and acquisition litigation and antitrust litigation particularly in bet your company cases.

He has been recognized for years as a leader in the profession by many publications including: LawDragon’s 500 Leading Lawyers in America, and one of the 100 Securities Litigators You Need to Know, one of the Top 100 Lawyers in New York by Super Lawyers, highly ranked by Chambers for Securities Litigation, Benchmark as a National Litigation Star, for outstanding performance by Best Lawyer’s in America, 2013 Lawyer of the Year for Mergers and Acquisition by Best Lawyers, Legal 500 Leading Commercial Litigators, “Best in Class” in the legal profession by, The International Who’s Who of Commercial Litigators and many others.

Greg is a graduate of Yale Law School, the University of Michigan with an MBA in Finance and Columbia College.

Greg has played a lead counsel role in many high stakes complex litigations on behalf of many leading corporations and financial institutions.

He is a member of the Litigation and Antitrust sections of the American Bar Association; the Federal Bar Council; the City Bar Committee on Securities Litigation; the Securities Industry Association; the New York State Bar Association, Commercial Litigation, a Fellow of the New York Bar Foundation and is a member of the Boards of the Legal Aid Society, the New York County Lawyers Association (NYCLA) and Junior Achievement of New York.

JOEL S. FELDMAN is a Global Coordinator for Sidley’s Financial Services/Consumer Class Action Practice Team, a group of over 40 litigators nationwide.

Mr. Feldman has served as lead defense counsel in over 85 class actions venued in over 30 federal and state courts throughout the United States. These class actions have covered ERISA benefit plans, annuities, life insurance, health benefits and health coverage, service warranties, TCPA, California 17200 claims, and other consumer claims.

Mr. Feldman has won, through motion practice, a series of precedent setting class actions. Most recently, he served as lead counsel in winning the only complete class certification denial (Rowe v. Bankers, N.D. Ill.) and only complete summary judgment victory (Kennedy v. Jackson National, N.D. Cal.) amid the myriad of senior citizen annuity class actions. He has also served as lead counsel in the only ERISA revenue sharing class actions wherein courts have denied class certification (Ruppert v. Principal, S.D. Iowa) and granted summary judgment (Leimkuehler v. American United Life, S.D. Ind., 7th Circuit). He served as lead counsel in the first summary judgment victory among the many retained asset class actions (Rabin v. MONY, S.D. N.Y), and won the denial of class certification in a cost of insurance class action, wherein numerous other defendants in similar class actions had settled (Gregurek v. United of Omaha, C.D. Cal.). Mr. Feldman also served as lead counsel in In re Industrial Life Insurance Litigation, MDL No. 1371 (E.D. La.), where in 2006 the court denied class certification after almost all other defendants had settled.

In addition to motion practice victories, Mr. Feldman successfully tried a securities fraud class action to a jury verdict, named by the National Law Journal as one of the top ten trials of the year.

Mr. Feldman co-chaired from 1998-2009 the PLI National Class Action Conference in New York. Mr. Feldman has authored numerous class action articles, including:

Wal-Mart’s Lasting Rule 23(b)(3) Impact: Establishing Strict Evidentiary and Burden of Proof Standards for Class Certification,” BNA Class Action Litigation Report, v. 13 at 1270 (November, 2012).

“Evolving Use of Experts in Class Certification Proceedings,” BNA Class Action Litigation Report, v. 12 at 569 (June, 2011).

“Evidentiary & Burden of Proof Standards for Class Certification,” BNA Class Action Litigation Report, v. 11 at 536 (June, 2010).

Mr. Feldman is a 1974 graduate of Oberlin College and a 1979 graduate of the Georgetown University Law Center, where he served as Case and Note Editor for the Georgetown Law Journal. Upon graduation, Mr. Feldman clerked for the Honorable Thomas Aquinas Flannery, of the United States District Court for the District of Columbia.

Judith Goldiner is the Attorney in Charge of the Law Reform Unit of the Civil Practice of the Legal Aid Society ("LAS"), the oldest and largest legal services program in the country.  She supervises the four units of the Law Reform Unit: public benefits, housing, homeless rights, and prisoner's rights, including four supervisors, thirteen staff attorneys, and four paralegals. She continues to develops and litigate an extensive housing law reform docket in state and federal courts, provides litigation assistance to Legal Aid's trial office attorneys, advocates at the state, city and federal level, including preparing and presenting testimony before the New York State Legislature, New York City Council, and numerous administrative agencies, conducts training for judges, attorneys, advocates and laypeople, participates in press conferences and media interviews, and supervises an extensive roster of pro-bono attorneys.

Karen H. Riebel concentrates her practice in the areas of securities and antitrust litigation. She has litigated a number of complex class action matters and represented numerous pension funds and other institutional investors in cases involving corporate fraud.  Ms. Riebel was a member of the trial team that secured a jury verdict for punitive damages in the amount of $5 billion for a mandatory punitive damages class in In re The Exxon Valdez, Case No. A89-0095-CV (D. Alaska). Ms. Riebel also was extensively involved in the processing of over 50,000 claims filed by class members in that litigation.

Other Representative Cases
In re Countrywide Financial Corporation Securities Litigation, No. 07-CV-05295 (C.D. Cal.) —$624 million recovered.

Kirk Dahl, et al., v. Bain Capital Partners, LLC, et al. (the Private Equity Antitrust Litigation), No. 07-CV-12388 (D. Mass.) - ongoing

In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, MDL No. 1720 (E.D. NY) - ongoing

In re Worldcom, Inc. Securities Litigation, No. 02-CV-3288 (S.D.N.Y.) —$6.13 billion recovered.

In re AOL Time Warner Securities Litigation, MDL No. 1500 (S.D.N.Y.) —$2.65 billion recovered.

Professional Associations
Ms. Riebel is an elected officer of the National Association of Shareholder and Consumer Attorneys (NASCAT).

Civic Associations
Page Education Fund Board of Advisors
Project for Pride in Living Board of Directors

Lauren McGeever is a Director of Class Action Solutions for Epiq Systems. In her role, Lauren is responsible for advising on and developing customized solutions for clients’ unique project demands. She provides consultative advice for all aspects of class action administration, from notice planning and implementation through disbursements. With a background in class action administration project management, Lauren’s depth of knowledge pairs perfectly with Epiq’s breadth of service offerings.

Prior to working as a consultant on class action administrations, Lauren was a paralegal with a focus on class action and mass tort litigations. Lauren was involved with the New York Diet Drug Litigation (NYDDL), as well as dozens of securities, antitrust and consumer class actions at prominent New York law firms.  Lauren then joined Complete Claim Solutions and Rust Consulting where she brought her paralegal background to form a market research department, manage class action settlement administration projects and develop relationships with securities and antitrust class action clients. 

Lisa Cleary works closely with a broad range of corporations and tax-exempt organization clients on employment issues related to their highest level executives and other key employees.  For over 20 years, she has regularly advised boards of directors in connection with the negotiation of executive compensation, performance, transition and employment termination of CEOs.  Ms. Cleary has provided this sensitive advice for public companies, private entities and tax-exempt organizations and foundations, all of which operate under the same rules in these circumstances.  She often has assisted companies in navigating difficult situations where CEO termination occurs in the midst of critical litigation or other corporate crisis.

Ms. Cleary also provides advice to in-house counsel, human resources personnel, and line managers on minimizing the legal risks of individual employee terminations beyond executives, and also provides counseling to ensure compliance with applicable laws.  In addition, Ms. Cleary provides training on a broad range of employment matters, drafts and vets personnel policies and handbooks, and also provides advice on employer recordkeeping requirements.

Ms. Cleary assists clients in a broad range of employment-related litigation matters before administrative agencies, state and federal courts.  She also counsels clients with respect to employment contracts and regularly defends clients in wrongful discharge cases.  Ms. Cleary provides advice to clients regarding employee theft, whistleblower claims and complaints of discrimination and harassment, and regularly conducts internal investigations regarding such matters. She has also worked with local, state and federal prosecutors on behalf of clients regarding a broad range of issues. Ms. Cleary defends and prosecutes cases involving employment-related restrictive covenants, drafts and negotiates employment contracts and represents employers in connection with claims arising under ERISA.  She also conducts diversity training seminars and provides counsel on employee classifications and overtime issues under the Fair Labor Standards Act.  Where consistent with client goals, Ms. Cleary also uses alternative dispute resolution procedures to achieve optimum results for clients.

Ms. Cleary also chairs the firm’s Pro Bono Committee. The Firm is consistently recognized for its commitment to pro bono service on behalf of low income New Yorkers. Ms. Cleary has received one of the Legal Aid Society's 2010, 2011, 2012 and 2013 Pro Bono Publico Awards for her work on behalf of children in foster care and on behalf of runaway and homeless youth. Her past recognitions include the New York State Bar Association President's Pro Bono Service Award for the 1st Judicial District, the New York State Bar Association’s Root/Stimson Award, in honor of Elihu Root and Henry L. Stimson, whose careers personified the profession's commitment to public service, and the 2008 Public Service Law Firm Leadership Award from the Legal Aid Society. Ms. Cleary has also been recognized on multiple occasions by MFY Legal Services, Inc. for her contributions on behalf of clients with mental disabilities.

Representative Litigation Matters

Pharmaceutical Company
Successfully obtained summary judgment in federal court action where former employee claimed that age discrimination was reason for denial of promotion.

Privately-Held Company
Advice and counseling with respect to broad range of employment law issues.
Successfully obtained summary judgment in Eleventh Circuit in action commenced by former employee alleging religious and age discrimination.

International Corporation
Defense of investment bank in connection with glass ceiling claims.

Defense of Executive Director and not-for-profit in connection with charge of national origin discrimination.

Representation of not-for-profit in action where complainants alleged denial of adoption application was based on religious discrimination.

Pension Funds
Representation of pension funds in a variety of employment, ERISA and pension litigation matters before the EEOC and state and federal courts.

Publishing Company
Representation of publishing company in action commenced against publisher and senior executive alleging sexual harassment in the workplace.

Cultural Organization
Counseling advice with respect to termination of security officers and other personnel matters.

Defense of company in connection with reduction in force with respect to claims of reverse sex and religious discrimination.

Defense of employment discrimination lawsuit commenced by former employee alleging constructive discharge based on HIV status.

Successful dismissal on statute of limitations grounds of federal court complaint alleging age discrimination.

J.D., 1983, Duke University School of Law, Chancellor's Scholarship Recipient
B.A., 1980, Harvard University and Radcliffe College, magna cum laude

New York

U.S. District Court, Southern; Eastern; and Northern Districts of New York; District of Colorado, U.S. Court of Appeals, Second Circuit; Eleventh Circuit, U.S. Supreme Court

HONORS: Recipient, New York State Bar Association President's Pro Bono Service Award for the 1st Judicial District (Manhattan), nominated by New York County Lawyers' Association (1994); Recipient, New York State Bar Association’s Root/Stimson Award, in honor of Elihu Root and Henry L. Stimson, whose careers personified the profession’s commitment to public service, and in recognition of outstanding volunteer service to the community which has reflected honor on the legal profession (2001); Recipient, Legal Aid Society, Public Interest Law Leadership Award (2008); Named in Super Lawyers in the area of Employment & Labor; Recipient, Legal Aid Society, Pro Bono Publico Award (2010, 2011, 2012, 2013); Recognized in The Best Lawyers in America® in the areas of Employment Law – Management and Litigation – Labor & Employment (2013)

MEMBERSHIPS: Fellow, American Bar Foundation; Harvard University, John F. Kennedy School of Government, Executive Education Program (May 2006); MFY Legal Services, Inc. (Chairperson, Board of Directors, 1994–2000; Member of Board, 1992–Present); Volunteers of Legal Service, Inc. (Member, Board of Directors, 1996–Present); Lawyers’ Committee for Civil Rights Under Law (Member, Board of Directors, 2006-Present); Member, Practising Law Institute (Pro Bono Advisory Committee, 1997–Present), American Bar Association (Litigation and ADR Sections); New York State Bar Association (President’s Committee on Access to Justice, 1996-2004), New York County Lawyers' Association (Chair, Pro Bono Committee); Association of the Bar of the City of New York (Member, 2010-2013, Secretary, Judiciary Committee 2012-2013); Student/Sponsor Program

Practice Areas/Industries

  • Litigation
    • Antitrust & Competition
    • Financial Services Litigation
    • Securities Litigation
  • Health Care & Life Sciences
  • Corporate & Securities
    • Antitrust & Competition


David Keyko is a partner in the law firm's Litigation practice and is located in the New York office. His practice has focused on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities or other types of fraud, antitrust violations, ethics issues and trusts and estates issues across the country, often involving insurance coverage issues. He has conducted internal investigations and represented clients responding to government probes. Trials include: representing a plaintiff in a four-week  bench trial in federal court in New York concerning a fraudulent scheme to finance the importation of coffee beans, which resulted in a $90 million judgment; a five-week jury trial in federal court in New Jersey concerning an alleged scheme to manipulate world-wide commodity prices; and a four-month bench trial in federal court in Louisiana concerning the finances of a bankrupt oil and gas company. He has also served as an expert witness in connection with legal malpractice litigation. Among the prominent cases Mr. Keyko has handled was the representation of the primary claimant to a $1.5 billion estate in lawsuits  filed in several jurisdictions.

Mr. Keyko was named the "New York City Best Lawyers Ethics and Professional Responsibility Law Lawyer of the Year" for 2012. He has lectured and written widely on securities, antitrust, legal ethics and general litigation topics, and chairs PLI's programs on federal pretrial practice and ethics for corporate lawyers. He is a former columnist for the New York Law Journal and has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal, and Metropolitan Corporate Counsel, on whose advisory board Mr. Keyko served.

Keith Fleischman is a nationally recognized litigator and trial lawyer who, after pursuing a career in the public sector in the Bronx District Attorney’s Office, Justice Department and United States Attorney’s Office, rose to the position of Senior Managing Partner at the national plaintiffs’ firm Milberg, Weiss, and later Director at the New York office of Grant & Eisenhofer.  Throughout his practice, Keith has litigated numerous high profile complex cases and class actions, including trying one of the few successful class actions against a then Big-Six accounting firm, Robbins v. Koger, obtaining an $81.3 million verdict after a five-week jury trial.

Since starting his own firm over four years ago, the Fleischman Law Firm, Keith’s practice has focused on representing public and private companies, financial institutions, and investors in connection with the prosecution and defense of complex financial and commercial litigation.  In addition, his firm is currently litigating class actions relating to the misbranding of food products, as well as serving on the Plaintiffs Executive Committee in the MF Global Class Action Litigation.

Mr. Creelan is a partner in the litigation department at Jenner & Block.  From 2010-2013, he served as Special Counsel to Governor Cuomo.  He joined Jenner & Block in 2006, after serving as Deputy Director of the Democracy Program at the Brennan Center for Justice at New York University School of Law. At the Brennan Center, he developed and prosecuted numerous high-profile election law cases to protect voters’ rights. He also coauthored a landmark, comprehensive study of New York State's legislative process and, as an adjunct professor at the NYU School of Law from 2005 to 2007, Mr. Creelan taught an election law seminar.  He is a graduate of Yale Law School and Yale College.