Full text
Exhibit A
Case 1:21-md-02989-CMA Document 244-1 Entered on FLSD Docket 04/26/2021 Page 1 of 8
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Case 1:21-md-02989-CMA Document 244-1 Entered on FLSD Docket 04/26/2021 Page 2 of 8
SAFIRSTEIN METCALF LLP
SAFIRSTEIN METCALF LLP
1345 Avenue of the Americas, 2nd Floor New York, NY 10105 ph:1‐800‐221‐0015 ∙ 212‐201‐2855
www.safirsteinmetcalf.com
SAFIRSTEIN METCALF LLP’S LITIGATION PRACTICE
Safirstein Metcalf LLP’s attorneys have extensive experience representing
plaintiffs in derivative, antitrust, securities, commodities, and consumer class actions.
Our specialized team has been intensively involved in legal actions related to various
antitrust, securities, and corporate wrongdoing, as well as in the development of
individualized legal strategies to offset our clients’ losses. Our lawyers have played
prominent roles in important class actions including the mammoth IPO Securities
litigation that settled for more than $500 million.
Our clients’ cases have involved antitrust violations, financial fraud, challenges
to
unfair
mergers
and
tender
offers,
failed
corporate
governance,
and
customer/brokerage firm arbitration proceedings. We have successfully challenged
drug price‐fixing, won compensation for consumers injured by debilitating products,
and achieved significant, long term corporate governance changes at public
companies.
Firm Co‐Founders, Peter Safirstein and Elizabeth Metcalf, have been actively
involved in prosecuting numerous cases, including:
•
In re McKesson Corp. Shareholder Derivative Litig., No. 4:17‐cv‐1850‐
CW (N.D. Cal.) (settled derivative matter regarding breaches by
McKesson Corp.’s board of directors and senior officers in
abdicating their fiduciary duty of oversight with respect to the
company’s sale of opioid drugs and controlled substances – settled
For $175 million and significant corporate governance changes);
City of Monroe Employeesʹ Retirement System v. Rupert Murdoch, et al.
C.A. No. 0833‐AGB (Del. Ch. Nov. 20, 2017) (asserting breach of
fiduciary duty claims regarding the systematic, decades‐long
culture of sexual harassment, racial discrimination, and retaliation
Case 1:21-md-02989-CMA Document 244-1 Entered on FLSD Docket 04/26/2021 Page 3 of 8
SAFIRSTEIN METCALF LLP
SAFIRSTEIN METCALF LLP
1345 Avenue of the Americas, 2nd Floor New York, NY 10105 ph:1‐800‐221‐0015 ∙ 212‐201‐2855
www.safirsteinmetcalf.com
that led to a hostile work environment at FOX News Channel ‐
settled for $90 million and significant corporate governance
changes);
•
Reynolds v. Dow Chemical Co., C.A. No. 2017‐0203‐JRS (Del. Ch.)
(settled derivative matter alleging the improper reporting of
payment for significant amounts of personal expenses incurred by
the company’s CEO)
•
In re Namenda Indirect Purchaser Antitrust Litig., Nos. 15 Civ. 6549
(S.D.N.Y) (appointed co‐lead counsel);
•
Torus Capital LLC v. Bank of Nova Scotia, New York Agency et al., No.
1:16‐cv‐05437 (S.D.N.Y) (antitrust matter alleging a conspiracy to
rig the market for securities sold by the U.S. Department of the
Treasury);
•
In re Disposable Contact Lens Antitrust Litig., No. 3:15‐md‐02626
(M.D. Fla.); In re Packaged Seafood Products Antitrust Litig., No. 15‐
MD‐2670 JLS (MDD) (S.D.Cal.);
•
In re Aggrenox Antitrust Litig., No. 14‐md‐2516 (D. Conn.); In re
Lidoderm Antitrust Litig., No. 14‐md‐2521(N.D. Cal.); In Re: Restasis
(Cyclosporine Ophthalmic Emulsion) Antitrust Litig., No. 1:18‐md‐
02819 (E.D.N.Y.); In Re: Zetia (Ezetimibe) Antitrust Litig., No 2:18‐
md‐02836 (E.D.Va.); and
•
several anti‐trust matters alleging conspiracies to increase the
prices of various generic medications including (all currently
pending in E.D. Pa.): SBA v. Endo Int’l. plc et al., No. 2:17‐cv‐01986)
(amitriptyline); SBA v. Taro Pharm. Industries, Ltd. et al., No 2:17‐cv‐
01759) (lidex); SBA v. Fougera Pharm., Inc. et al., No. 2:17‐cv‐01755
(desonide); SBA v. Actavis Elizabeth, LLC et al., 2:17‐cv‐01771)
(propranolol); and SBA v. Fougera Pharm. Inc. et al., No. 2:17‐cv‐
01753) (clobetasol).
Case 1:21-md-02989-CMA Document 244-1 Entered on FLSD Docket 04/26/2021 Page 4 of 8
SAFIRSTEIN METCALF LLP
SAFIRSTEIN METCALF LLP
1345 Avenue of the Americas, 2nd Floor New York, NY 10105 ph:1‐800‐221‐0015 ∙ 212‐201‐2855
www.safirsteinmetcalf.com
The attorneys at Safirstein Metcalf LLP have also litigated or are litigating
several other class and derivative matters, including: Diep v. Sather, C.A. No. 12760‐
VCL (Del. Ch.) (asserting insider trading claims against certain El Pollo Loco
Holdings, Inc. insiders); Kocen et al. v. Deepak Chopra et al., C.A. No. 11291‐VCL (Del.
Ch.)/In re OSI Sys., Inc. Deriv. Litig. No. 2:14‐cv‐02910‐MWF (C.D. Cal.) (settled
derivative matter which asserted breach of fiduciary claims regarding the hiding of
problems with the company’s body and baggage scanners and the failure to create a
federal regulations compliance program); Jeffery Kocen and Michael Riley v. Deepak
Chopra et al. No. 2:18‐cv‐03371‐FMO (co‐lead counsel in pending derivative matter
challenging alleged corruption); In re Gateway Plaza Residentsʹ Litig., No. 651023/2014
(Sup Ct, New York County) (co‐lead counsel in settled class action alleging
uninhabitable conditions at Gateway Plaza in New York’s Battery Park City ‐ settled
for benefits totaling an excess of $42 million); Reid et al v. Unilever United States, Inc.
1:12‐cv‐06058 (N.D. Ill.) (co‐lead counsel in settled consumer action on behalf of
purchasers and users of a Suave brand hair treatment that allegedly causes
unwanted, significant hair loss); Kayce v. Patriot National, Inc. et al., 1:17‐cv‐07164‐ER
(active class action under the Securities Exchange Act of 1934 for securities fraud and
stock manipulation; partial settlement); and Iowa Public Employeesʹ Retirement System
et al v. Bank of America Corp. et al., No. 1:17‐cv‐06221 (S.D.N.Y.) (active class action
alleging five banks colluded to prevent modernization of the $1.7 trillion stock loan
market to prevent losing out on massive fees).
Case 1:21-md-02989-CMA Document 244-1 Entered on FLSD Docket 04/26/2021 Page 5 of 8
Peter Safirstein
Peter primarily represents plaintiffs in securities,
antitrust, commodities and consumer class actions
and also represents whistleblowers before the SEC.
Prior to entering private practice, Peter served in the
Enforcement Division of the Securities Exchange
Commission and in the United States Attorneys’
Offices for the Southern District of New York and the
Southern District of Florida where he concentrated on
prosecuting white collar crime.
He has played a prominent role in important class
actions including the mammoth IPO Securities
litigation that settled for more than $500 million. He
served as co‐lead counsel in Blessing v. Sirius XM
Radio, Inc., No. 09 CV 10035 (HB) (S.D.N.Y.), an
antitrust case that settled for $180 million, and served
in prominent roles in such other antitrust matters as
In re Disposable Contact Lens Antitrust Litigation, No.
3:15‐md‐02626 (M.D. Fla.) and In re Korean Air Lines
Co., Ltd Antitrust Litigation, No. 07‐cv‐05107 (C.D.
Cal.). In addition, Peter’s practice includes Human
Rights Litigation and Peter successfully represented
Nigerian children allegedly victimized by Pfizer’s
improper medical experiments involving the drug
Trovan. Peter was also part of the team that
represented consumers in an antitrust case against
Sirius XM Radio which was resolved for $180 million.
Peter serves on ABA Committees. He has lectured
on class actions before various professional
associations.
psafirstein@safirsteinmetcalf.com
(212) 201-2845 (direct)
Education:
B.A., George Washington University,
1978
M.A., Georgetown University, 1980
J.D., Brooklyn Law School, 1985
Bar Admissions:
United States Supreme Court
United States Court of Appeals, Second
Circuit
United States Court of Appeals, Third
Circuit
United States District Court, Southern
District of New York
United States District Court, Eastern
District of New York
United States District Court, District of
New Jersey
New York State Bar
New Jersey State Bar
Case 1:21-md-02989-CMA Document 244-1 Entered on FLSD Docket 04/26/2021 Page 6 of 8
Elizabeth S. Metcalf
Elizabeth focuses her practice on antitrust, consumer,
and
securities
class
actions
and
shareholder
derivative litigation. Elizabeth is currently involved
in the prosecution of several antitrust actions
including Iowa Public Employeesʹ Retirement System et
al v. Bank of America Corp. et al., No. 1:17‐cv‐06221
(S.D.N.Y.), a class action alleging five banks colluded
to prevent modernization of the $1.7 trillion stock
loan market to prevent losing out on massive fees.
Elizabeth also represents whistleblowers before the
SEC and in qui tam matters. Past litigation includes In
re Massey Energy Co. Derivative & Class Action
Litigation, which followed the 2010 mining disaster,
and Reid et al v. Unilever United States, Inc., a class
action on behalf of purchasers and users of a Suave
brand hair treatment that allegedly causes unwanted,
significant hair loss. She serves as a member of the
teams
prosecuting:
generic
drug
price
fixing;
derivative actions including those against the Boards
of Directors of McKesson Corporation and El Pollo
Loco Holdings, Inc.; and a class action on behalf of
Gateway Plaza residents in New York’s Battery Park
City.
Prior to law school, Elizabeth worked as a financial
research analyst at a class action securities fraud law
firm. During law school, she was a member of the
Fordham International Law Journal, and she served as a
legal intern at the Securities Arbitration Clinic of
Fordham University School of Law, obtaining a
punitive damages award before an arbitration panel
under the Financial Industry and Regulatory Authority.
emetcalf@safirsteinmetcalf.com
(212) 201-2843 (direct)
Education:
B.A., Colorado College, 1992
J.D., Fordham University School of
Law, 2008
Bar & Court Admissions:
United States District Court, Southern
District of New York
New York State Bar
Case 1:21-md-02989-CMA Document 244-1 Entered on FLSD Docket 04/26/2021 Page 7 of 8
Sheila Feerick
Financial Analyst Director of Client Communications
Sheila has fifteen years of law firm experience. She
performs extensive investigative financial analysis for
potential class action lawsuits, identifying and analyzing
potential cases for antitrust and securities class action
litigation. Once those cases are filed, Sheila provides
detailed financial analysis assisting in the prosecution of
those matters.
In addition, Sheila is responsible for communicating with
individuals, health and welfare funds and institutional
investors about antitrust and securities class actions.
Prior to joining Safirstein Metcalf LLP, she managed the
Shareholder Services Department at a large New York‐
based securities litigation firm.
Sheila earned a BA in English from Villanova University
and an MBA in Finance from Stern School of Business at
NYU (2000).
sfeerick@safirsteinmetcalf.com
(212) 201-2856 (direct)
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