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Owen Cyrulnik represents clients in a broad range of complex securities litigation in federal and state courts around the United States.
Mr. Cyrulnik currently represents the Federal Home Loan Bank of San Francisco and The Charles Schwab Corporation in their litigation against securities dealers to rescind the purchase of certificates backed by residential mortgage loans. He also advises certificate holders in mortgage-backed securitizations and CDOs in disputes against the originators and servicers of the loans in those trusts. Mr. Cyrulnik was named “Litigator of the Week” by The American Lawyer for his work in removing the proceedings involving Bank of America’s $8.5 billion settlement with mortgage-backed securities investors to federal court.
Previously, Mr. Cyrulnik represented one of the world’s largest media companies in a multi-billion dollar securities class action and dozens of related suits in the wake of one of the largest mergers in history; a major investment bank in multi-faceted litigation arising out of the fall of Enron; and a medical device company claiming patent infringement in an arbitration before the World Intellectual Property Organization.
Kay Ellsworth is a co-founder of the firm. She specializes in a variety of complex commercial disputes, including securities, franchise, and business tort litigation, as well as insurance and reinsurance litigation and arbitration.
Ms. Ellsworth currently focuses her practice on pursuing recovery on behalf of institutional investors for securities law and other violations relating to structured securities, especially mortgage-backed securities.
Previously, Ms. Ellsworth represented clients and won trials and arbitrations involving franchise disputes, reinsurance claims, alleged breaches of contract, claims of fraud and breach of fiduciary duty, and a variety of other commercial torts. Chambers USA describes Ms. Ellsworth as a “sparkler” in the courtroom.
David Grais is a co-founder of the firm. He was one of the first litigators to focus on securities backed by subprime and Alt-A mortgage loans. He is a prominent advocate for investors in structured finance securities, especially mortgage-backed securities and has written and spoken widely on the issues. American Banker calls Mr. Grais the “new nemesis” of the mortgage-backed securities industry.
In his three decades of practice, Mr. Grais has won several dozen trials and arbitrations, involving mainly reinsurance and the performance of complex computer, satellite, telecom, and other technical systems. Chambers USA describes Mr. Grais as an “aggressive and proactive lawyer and a brilliant thinker.” He is a member of the American Law Institute.
Outside the office, Mr. Grais is a director of the Leukemia and Lymphoma Society, Westchester and Hudson Valley chapter, and a former director of the Musica Sacra Chorus and Orchestra and the Battery Dance Company.
Mark Holton is an experienced litigator, specializing in securities litigation.
Mr. Holton primarily represents the FDIC as receiver for various failed banks in connection with multi-billion dollar claims against numerous leading Wall Street financial institutions arising from the purchase of residential mortgage-backed securities. These claims have netted over $1 billion in settlements for the FDIC to date.
Previously, Mr. Holton represented clients in a variety of complex disputes, including an investor class action and related derivative litigation arising out of allegations of wrongdoing in the insurance placement process, litigation with a monoline insurer over the validity of a credit default swap agreement, and a collection of more than 300 coordinated class actions concerning allegations of wrongdoing in connection with the initial public offerings of internet and other technology companies.
Kate Matthews is an experienced litigator, specializing in complex commercial and securities litigation in state and federal courts throughout the country. Ms. Matthews currently represents the FDIC in its role as receiver for a number of failed banks in actions seeking to recover damages arising out of the banks’ investments in residential mortgage-backed securities.
Previously, Ms. Matthews represented clients in a variety of complex disputes, including investor suits arising out of alleged wrongdoing in the insurance placement process and a consolidation of more than 300 class actions alleging misconduct in the initial public offering of internet and other high technology companies. Ms. Matthews also has represented plaintiffs and defendants in high-stakes disputes relating to alleged breaches of fiduciary duty by directors and offers of a public company, the interpretation and enforcement of reinsurance contracts, and the bidding process leading to the award of a lucrative public contract.
Vickie Reznik represents clients in a broad range of complex commercial litigation, including securities, corporate governance and counseling, regulatory investigations, M&A, and bankruptcy litigation. As trial counsel, Ms. Reznik has represented both plaintiffs and defendants. She has successfully litigated multi-million dollar cases for a variety of private and Fortune 500 companies and has represented clients in hearings and trials in federal and state courts across the country.
Ms. Reznik currently represents the Federal Home Loan Bank of San Francisco and The Charles Schwab Corporation in their litigation against securities dealers to rescind the purchase of certificates backed by residential mortgage loans. Also, Ms. Reznik recently represented the Federal Home Loan Bank of Seattle in connection with multi-billion dollar claims against leading Wall Street banks arising from the purchase of residential mortgage-backed securities, and the FDIC in its role as receiver for a number of failed banks in actions seeking to recover damages arising out of the banks’ investments in residential mortgage-backed securities.
Previously, Ms. Reznik represented a leading competitive energy company in its successful defense against a hostile takeover bid, including an expedited trial and related class action suits; an independent oil and gas exploration company in evidentiary hearings and an expedited adversary proceeding as part of its successful Chapter 11 restructuring; a leading financial advisory services firm in its successful defense against fraudulent misrepresentation claims arising out of a bankruptcy asset sale, and a global financial services firm in SEC investigations and arbitrations related to research conflicts.
Lourdes Slater focuses her litigation practice on issues involving electronically stored information (ESI) and discovery management. She provides her clients with advice on all aspects of data identification, preservation, collection, review, production, and presentation at trial. She has litigated domestically and internationally for over 20 years, and has practiced in state and federal courts and in domestic and international arbitrations. Ms. Slater is also a lecturer on ESI and data privacy topics at various law schools.
Ms. Slater has extensive experience litigating securities, insurance, reinsurance, and complex civil cases with multi-million document collections and productions, and in handling complex discovery disputes. She has extensive expertise on privacy law and compliance regulations, including in the implementation of proper procedures to handle and secure data implicating personally identifiable information.
Ms. Slater currently represents several plaintiffs in actions filed in federal and state courts in connection with multi-billion dollar claims under federal and state securities laws arising from the purchase of residential mortgage-backed securities.
Previously, Ms. Slater advised clients on the European Data Privacy Protection Act and its application in U.S. actions; in connection with the handling of complex claims under primary, excess, umbrella, catastrophe and third-party liability policies on behalf of insurance companies covering a range of issues in environmental, toxic tort, and product liability actions; worked for the Securities Investor Protection Corporation’s appointed Trustee in the liquidation of Bernard L. Madoff Investment Securities LLC.; and was responsible for overseeing all service, procedures, and discovery issues arising out of the 1,000 + actions filed by the Trustee.
She is a frequent speaker and panelist, particularly in the area of ESI, and has also written extensively on the topic, including co-authoring IT Law For Businesses: The Legal Risks Every CEO Should Be Aware Of. Outside the office, Ms. Slater is a Director of the Board and a Philanthropy Committee Member of Birch Family Services, Inc., a non-profit organization serving the needs of children and adults with disabilities in New York City.
Ross Wallin specializes in complex financial litigation. He has represented both plaintiffs and defendants in some of the most high profile securities cases in the country. Mr. Wallin also has extensive experience in antitrust litigation and M&A litigation.
Mr. Wallin currently represents the Federal Home Loan Bank of Seattle in connection with multi-billion dollar claims against 11 leading Wall Street banks arising from the purchase of residential mortgage-backed securities. He also represents a class that is asserting ERISA claims against many of those same banks based on manipulation of the foreign exchange markets.
Previously, Mr. Wallin represented the Canadian affiliate of a major accounting firm in a securities class action and related litigation (Philips Services Corp. Securities Litigation); a manufacturer of process equipment in a securities class action and related shareholder derivative litigation (In re Veeco Instruments); a special committee of the board of directors of one of the world’s largest energy companies in derivative litigation related to a major industrial accident; Tyco International in a securities class action; and a major U.S. investment bank in connection with securities litigation arising from the demise of Enron.
In antitrust, Mr. Wallin currently represents a class of outpatients and health plans that paid monopoly overcharges for routine diagnostic testing. He has also represented a major health insurer in connection with a multi-year investigation by various regulators into alleged bid rigging in the insurance markets.
Mr. Wallin also has extensive experience in M&A disputes. Among other clients, he has represented minority shareholders of a leading carrier of international voice traffic, iBasis Inc., in a case arising from an inadequate tender offer made by the majority shareholder. The case settled after trial, but before the Court ruled, because the majority shareholder increased its tender offer price to an amount that was almost 100% higher than the initial offer price. Mr. Wallin also represented Maxwell Shoe in defending against a consent solicitation and tender offer from Jones Apparel, which ultimately resulted in a greatly improved offer for Maxwell Shoe.
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