Exhibit B: Kantrowitz, Goldhamer & Graifman, P.C. (Dkt. 244-2, S.D. Fla.)
Summary
Exhibit B (Document 244-2) in Case 1:21-md-02989-CMA, entered on the FLSD docket April 26, 2021, is a seven-page profile of Kantrowitz, Goldhamer & Graifman, P.C. (KGG), with offices in Chestnut Ridge, New York and Montvale, New Jersey. The profile states that KGG has a nationwide class action practice and has litigated numerous cases involving complex business litigation, consumer class actions and securities class actions, including cases of first impression. The profile describes Gary S. Graifman as a partner and co-chair of the Consumer Class Action Litigation Group at KGG and closes with Mr. Schiffman's litigation practice.
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- Date
- 2021-04-26
Cite this document
“Exhibit B: Kantrowitz, Goldhamer & Graifman, P.C. (Dkt. 244-2).”
Original at archive.org, dated 2021-04-26. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-04-26-oliver-et-al-v-bayerische-motoren-werke-aktiengesellschaft-et-al-2/
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EXHIBIT B Case 1:21-md-02989-CMA Document 244-2 Entered on FLSD Docket 04/26/2021 Page 1 of 7 1 New York Office: 747 Chestnut Ridge Road Chestnut Ridge, New York 10977 Tel: 845-356-2570 Fax: 845-356-4335 New Jersey Office: 135 Chestnut Ridge Road Montvale, New Jersey 07645 Tel: 201-391-7000 Fax: 201-307-1086 KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. (“KGG”) has a nationwide class action practice and has litigated numerous cases involving complex business litigation, consumer class actions and securities class actions. The firm has litigated a number of cases resulting in reported decisions, including cases of first impression. The firm also has an active personal injury and medical malpractice practice, chaired by Barry S. Kantrowitz, and represents clients in mass tort actions. GARY S. GRAIFMAN is a partner in the Firm and co-chair of the Consumer Class Action Litigation Group at KGG with Melissa R. Emert. Mr. Graifman specializes in the area of consumer and securities class action litigation. He is admitted to practice before the courts of the State of New York, the State of New Jersey, the United States Federal Courts for the Southern District of New York, the Eastern District of New York, the Northern District of New York, the District of New Jersey, the United States Court of Appeals for the First Circuit, Second Circuit, Third Circuit and the Eighth Circuit. He is also a member of the Class Action Committee of the New Jersey State Bar Association. Mr. Graifman is rated “AV-Preeminent” by Martindale Hubbell and has been nominated by Super Lawyers Magazine as a New Jersey Super Lawyer for 2010-2021. He has been a panelist and speaker on class action issues before various bar organizations including those sponsored by the Class Action Committee of the New Jersey State Bar Association and by the National Employment Lawyers Association, New York Chapter. A sampling of some of the cases Mr. Graifman has recently been involved in include: In re Volkswagen Timing Chain Products Liability Class Action, 16-cv-2765 (JLL) (D.N.J.). Mr. Graifman and the Firm served as Co-Lead Counsel in this products liability class action which was settled on a nationwide basis on behalf of the owners and lessees of approximately 477,000 class vehicles. Final approval was granted to the Settlement on December 14, 2018. The Settlement provided one hundred percent reimbursement for timing chain repairs to class members and was valued at approximately $50 million (inclusive of warranty extension repairs). Oliver, et al. v. Bayerische Motoren Werke Aktiengesellschaft, et al., 2:17-cv-12979-CCC- MF (D.N.J.). Mr. Graifman and the Firm served as Co-Lead Counsel on this case which involved defective electric coolant pumps on various BMW model vehicles. The matter settled and Final Approval was granted on March 9, 2021. The class includes approximately 563,227 vehicles. The Settlement is valued at approximately $30 Million. Coffeng, et al. v. Volkswagen Group of America, et al., 3:17-cvb—01825-JD (N.D. Cal.). Mr. Graifman and the Firm serve as Co-Lead Counsel on this consumer class action involving defective water pumps in a multitude of Volkswagen and Audi model vehicles. Final Approval was granted to the settlement on May 14, 2020. The case encompassed a Case 1:21-md-02989-CMA Document 244-2 Entered on FLSD Docket 04/26/2021 Page 2 of 7 2 nationwide class of owners and lessees of approximately 873,779 class vehicles and was valued at approximately $22 million. Chiarelli, et al. v. Nissan, N.A. and Duncan, et al. v. Nissan N.A., 14-CV-4327(NGG) (E.D.N.Y.) and 1:16-CV-12120-DJC (D. Mass.), these two companion cases involve multi-state claims concerning defective timing chains on various Nissan model vehicles and involve claims in the states of Massachusetts, New York, Texas, Florida, North Carolina, Maryland, Colorado and Oregon. Final Approval was granted to the settlement on August 25, 2020 before Judge Denise Casper in the U.S. District Court for the District of Massachusetts. In re Home Depot Consumer Data Security Breach Litig., 1:14-MD-02583-TWT (N.D.Ga.). Mr. Graifman and the Firm served on the five member Plaintiffs’ Steering Committee in this massive data breach consumer class action affecting approximately 50 million consumers which was settled on a nationwide basis in 2016. The settlement was valued at approximately $27 million. In re Premera Blue Cross Customer Data Security Breach Litig. 3:15-md-2633 (D. Ore). Mr. Graifman and the Firm were one of the counsel in the Premera Blue Cross Customer Data Breach Matter, having done substantial and essential work in the case, which was given Final Approval in early March 2020. The firm’s client was the sole named plaintiff and representative for the putative California state subclass. The California subclass asserted a claim under the California Confidential Medical Information Act, Cal. Civ. Code §§ 56, et seq. which was sustained by Court on a motion to dismiss. The matter settled and final approval was granted on March 2, 2020. Under the terms of the settlement approved, the California subclass was entitled to additional compensation as a result of the California CMIA claim. Seifi, et al. v. Mercedes-Benz USA, LLC, 3:12-cv-5495-TEH (N.D. Ca.). Mr. Graifman and the Firm served as co-lead counsel in this litigated consumer class action seeking reimbursement for repairs to various Mercedes model vehicles due to a balance shaft defect. The action settled on a nationwide basis in 2015, valued at approximately $25 million. In re Rambus Securities Inc. Litigation., 06-c-v4346-JF (U.S. District Ct., N.D. Cal.) Mr. Graifman and the Firm served as Co-Lead Counsel for the class in this securities class action involving allegations of backdating of options. The matter was settled for $18.33 million and approved on May 14, 2008. Sheris v. Nissan North America, Inc., 07-cv-2516 (WHW) (U.S. District Ct., D. New Jersey). Mr. Graifman and the Firm served as Co-Lead Counsel for the class in this consumer class action against Nissan for alleged brake defect in the 2005 G35x model vehicle. The Court certified a New Jersey settlement class which involved reimbursement of the cost of brake and rotor replacement up to $340 per brake replacement. Case 1:21-md-02989-CMA Document 244-2 Entered on FLSD Docket 04/26/2021 Page 3 of 7 3 Jermyn v. Best Buy Stores, L.P., 1:08-cv-00214 (CM) (U.S. District Ct., S.D.N.Y.). Mr. Graifman and the Firm served as Co-Lead Counsel in this litigated consumer class action certified as a New York consumer class by Hon. Colleen McMahon. The class consisted of Best Buy purchasers who were denied price match guarantees by Best Buy. The matter settled on a class-wide basis shortly before trial. Lubitz, et al. v. DaimlerChrysler Corp., BER-L-4883-04 (New Jersey Superior Court, Bergen Co.) Mr. Graifman and the Firm served as Co-Lead Counsel for the class in this consumer class action against DaimlerChrysler Corp. The Court certified a nationwide settlement class and approved a settlement valued at $14.5 million to owners of Jeep Grand Cherokees, model years 1999 through 2004. In re Trend Micro Class Action Litigation, Case No. CV 11-02488 (RMW) (U.S. District Ct., N.D. Calif.). Mr. Graifman and the Firm served as Co-Lead Counsel for the class in this consumer class action concerning the failure to provide the remaining time left on current trial subscriptions when the subscriber on the trial subscription converted to a paid subscription. The case was settled in 2013 and Final Approval of the settlement was entered November 15, 2013 by the Court granting subscribers cash refunds or credit towards their future subscriptions and changing the policy of the Company going forward. In re Symantec Class Action Litig., 1-05-cv-053711 (Superior Ct. Of State of California, Co. Of Santa Clara) (Komar, J.). Mr. Graifman and the Firm served as Co-Lead counsel in this consumer class action involving the cut-off of subscription time when the subscriber to Norton s anti-virus software renewed or upgraded earlier than the end of the then-current subscription. After the class was certified upon a litigated motion, the matter was settled for a cash payment or a voucher for further use with the anti-virus subscription (at the consumer s option), with the settlement valued in excess of $5 million. Lowrance, et al. v. Equinox International Corp., 2:99-cv-0969 (D.Nev.). Mr. Graifman and the Firm participated in trying a nationwide consumer class action case in the District of Nevada against multi-level marketing company, Equinox, International Corp. through the entire trial, and settling the matter on or about the last day of trial before Judge Johnnie B. Rawlinson, just prior to her elevation to the U.S. Court of Appeals for the Ninth Circuit. The matter was tried with other plaintiffs’ counsel, who Mr. Graifman second-seated, and a multi- state Attorney General Task Force and resulted in the liquidation of Equinox and a settlement fund in excess of $30 million to repay Equinox distributors. Case 1:21-md-02989-CMA Document 244-2 Entered on FLSD Docket 04/26/2021 Page 4 of 7 4 MELISSA R. EMERT, ESQ., has been representing aggrieved stockholders and consumers for more than 30 years. Ms. Emert recently joined KGG after spending most of her career at a national class action firm where she founded and was Co-Chair of its Consumer and Antitrust Class Action Litigation Groups. Ms. Emert’s practice focuses on consumer, antitrust and securities class actions. She has litigated cases throughout the United States and held prominent leadership positions in many large multidistrict litigations (“MDLs”). Melissa is a member of the New York State Bar and is admitted to practice before the United States District Courts for the Southern and Eastern Districts of New York. Melissa graduated from Brooklyn Law School with a Juris Doctor in 1988 and received a Bachelor of Arts from the State University of New York at Stony Brook in 1985. Examples of Ms. Emert’s nationwide class action experience include: Court-appointed Co-Lead Counsel in Carder v. Graco Children’s Products, Inc., 2:20-cv- 00137-LMM (N.D. Ga. 2021) (alleging state consumer protection and common law claims on behalf of consumers resulting from defendant’s defective and allegedly unsafe children’s car seat products); Court appointed Co-Lead Counsel in In re: Daily Fantasy Sports Litig., 1:16-md-02677- GAO (D. Mass 2016) (alleging violations of state consumer protection statutes and common law claims on behalf of consumers participating in defendants’ online fantasy sports websites). Court appointed member of plaintiffs’ executive committee in In re: Hill’s Pet Nutrition, Inc. Dog Food Products Liability Litig., 19-md-2887 (D. Kan.) (alleging violations of state consumer protection statutes and common law on behalf of consumers who purchased dog food that contained toxic levels of Vitamin D). Discovery Committee in a court approved leadership structure in In re: Rock ‘N Play Sleeper Marketing, Sales Practices, and Products Liability Litigation, 1:19-md-2903 (W.D.N.Y. 2019) (alleging violations of state consumer protection statutes and common law claims on behalf of consumers who purchased the defective and inherently unsafe Fisher-Price Rock ‘n Play Sleeper for their infant children). Court appointed member of Plaintiffs’ Steering Committee in In re: Intel Corp. CPU Marketing and Products Liability Litig., 3:18-md-02828 (D. Or. 2018) (claims on behalf of Intel processor users that have been affected by Intel’s alleged defective processors). Court appointed member of Plaintiffs’ Executive Committee in In re: Apple Inc. Device Performance Litig., 5:18-md-02827 (N.D. Cal. 2018) (claims on behalf of iPhone and iPad users that have been affected by the alleged intentional slowdown of the processors). Court appointed member of Plaintiffs’ Steering Committee in In re: German Automotive Mfr. Antitrust Litig., 3:17-md-02796 (N.D. Cal. 2017) (alleging anticompetitive conduct in the market for German-made automobiles). Court appointed member of Plaintiffs’ Steering Committee in In Re: Sonic Corp. Customer Data Sec. Breach Litig., 1:17-md-02807 (N.D. Ohio 2017) (claims on behalf of persons allegedly affected by Sonic’s data breach resulted in a class wide settlement). Case 1:21-md-02989-CMA Document 244-2 Entered on FLSD Docket 04/26/2021 Page 5 of 7 5 Class Representative Communications and Client Vetting Committee in a court approved leadership structure in Echavarria, et al. v. Facebook, Inc., C 18- 05982 (N.D. Cal. 2018) (claims on behalf of persons that have been allegedly affected by Facebook’s “View As” data breach). Co-Chair of Plaintiffs’ Vetting Committee in a court approved leadership structure in In re Wawa, Inc. Data Breach Litigation, No. 19-6019 (E.D. Pa. 2019) (claims on behalf of persons affected by Wawa’s data breach and had their personal information compromised). Court appointed Interim Class Counsel in In re: Google Location History Litig, 5:18-cv- 05062-EJD (N.D. Cal. 2019) (a privacy breach action alleging Google tracked millions of mobile device users’ geolocation after falsely representing that activating certain settings will prevent the tracking). One of three lead co-counsel in Hughley, et al. v. Univ. of Central Florida Bd. of Tr., 2016- CA-001654-O (9th Judicial Circuit, Florida) (February 2016 data breach; settled November 2017, with UCF spending an additional $1,000,000 annually to protect students’ and employees’ personal information). Melissa also has developed and oversees the following litigation, among others: County of Osceola v. Purdue Pharma Inc., 6:18-cv-00164 (M.D. Fl.); County of Alachua v. Purdue Pharma Inc., 1:18-cv-00086-MW-GRJ (N.D. Fl.); County of Palm Beach v. Purdue Pharma Inc., 50-2018-CA-004109 (N.D. Fl.) (each alleging opioid manufacturers and distributors defrauded the counties, among others, to generate improper revenue at the county’s expense). In Re: Uber Tech., Inc., Data Sec. Breach Litig., 2:18-ml-02826-PSG-GJS (C.D. Cal.) (alleging a failure to secure and safeguard riders’ and drivers’ personally identifiable information (“PII”) caused 57 million driver and rider accounts to be compromised). In Re: 21st Century Oncology Customer Data Sec. Breach Litig., 8:16-md-02737 (M.D. Fla.) (October 2015 data breach in which the PII of more than two million 21 Century patients was compromise). Suvino v. Time Warner Cable, Inc., 1:16-cv-07046 (S.D.N.Y.) (settled action which alleged violations of the Americans with Disabilities Act by Time Warner). Guariglia et al v. The Procter & Gamble Company, 2:15-cv-04307 (E.D.N.Y.) (settled action which alleged violations of law in connection with P&G’s design, manufacture, marketing, advertising, and selling of Tide Pods). JAY I BRODY, ESQ. is a commercial litigator with an emphasis in class action litigation, including consumer fraud, automotive defect, and securities and shareholder actions, as well as commercial litigation. Prior to joining the firm, Mr. Brody served as a law clerk for Justice Miriam Naor, President of the Supreme Court of Israel and the Superior Courts of the State of Connecticut. While in law school, Mr. Brody served as a Student Assistant District Attorney in the Office of the New York County District Attorney, and interned at the New York State Department of Financial Case 1:21-md-02989-CMA Document 244-2 Entered on FLSD Docket 04/26/2021 Page 6 of 7 6 Services and United States Department of Justice. He is currently in charge of the Firm’s SAM-E Supplement consumer class action litigation. Mr. Brody received his B.S. in accounting from Yeshiva University, and his J.D. from The Benjamin N. Cardozo School of Law in 2013, where he served on the Public Law, Policy and Ethics Journal. He is admitted to practice before the State Courts of New York and New Jersey, and the United States Federal Court in the Southern District of New York, Eastern District of New York, and District of New Jersey. SARAH HAQUE, ESQ. is currently of counsel to Kantrowitz, Goldhamer & Graifman, P.C. with an emphasis in class action litigation. Ms. Haque received a Bachelor’s of Commerce from McGill University in Montreal, Quebec, with a minor in Economics. Following her undergraduate experience, she attended State University of New York Buffalo Law School, and graduated in 2014. While in law school, Ms. Haque was an editor for the Buffalo Human Rights Law Review. She was also President of the Labor and Employment Relations Society and Treasurer of the Latin American Law Students Association. Ms. Haque has worked on various class actions with the firm, including the In re Anthem Data Breach litigation and the In re Premera Data Breach litigation. WILLIAM T. SCHIFFMAN, ESQ., is a senior associate in the firm of Kantrowitz, Goldhamer & Graifman, P.C. Mr. Schiffman received his J.D. degree from Brooklyn Law School in 1974 and is admitted to practice in New York (1975), Texas (1976), and New Jersey (1981). Mr. Schiffman was Law Clerk to the Honorable Woodrow Seals, United States District Judge, Southern District of Texas from 1974-1977. In that position Mr. Schiffman was responsible for preparing decisions and orders on motions as well as observing trials and assisting Judge Seals in preparing finds of fact and conclusions of law. From 1977-1979, Mr. Schiffman was associated with the law firm of Urban & Coolidge in Houston Texas. Mr. Schiffman's principal practice area was commercial litigation. From 1979 to 1985, Mr. Schiffman was an attorney for AT&T, first in the Long Lines Department in Atlanta, Georgia, and then in company headquarters in New Jersey. Mr. Schiffman's responsibilities were principally in the area of general litigation and the AT&T antitrust litigation prior to divestiture. From 1985 to 1993, Mr. Schiffman was with the law firm of Jacobi & Meyers, first as the managing attorney of several offices, then as New Jersey resident partner in charge of the northern New Jersey offices. The practice was principally in the area of litigation. From 1993 to date, Mr. Schiffman has been associated with Kantrowitz & Goldhamer, P.C., in New York, and its affiliate, Kantrowitz & Goldhamer in New Jersey. Mr. Schiffman's responsibilities are principally in the area of litigation including securities and employment class action, as well as complex contested matrimonial and general commercial litigation. Case 1:21-md-02989-CMA Document 244-2 Entered on FLSD Docket 04/26/2021 Page 7 of 7
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