Wexler Wallace LLP

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Wexler Wallace LLP is a Law Firm in Chicago, Illinois

Address

55 West Monroe Street, Suite 3300
Chicago, Illinois 60603 (Cook Co.)

Phone

312-346-2222

Email


 


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4.9 out of 5


 

FOUNDING PARTNER

Kenneth A. Wexler (Managing Partner) born Chicago, Illinois; admitted to bar, 1980, Illinois and Illinois Supreme Court; U.S. District Court, Northern District of Illinois, including Trial Bar; U.S. District Court, Southern District of Illinois; U.S. Court of Appeals, First Circuit; U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Sixth Circuit; 1981, U.S. Court of Appeals, Seventh Circuit; U.S. Court of Appeals, District of Columbia. Education: Washington University, St. Louis (B.A., summa cum laude, 1977); Georgetown University Law Center (J.D., 1980). For almost 30 years, Ken has devoted himself to helping those whose rights have been denied, or who have been victims of the unscrupulous or fraudulent actions of others, typically more powerful persons or entities. Founder of Wexler Wallace, Ken was also a founding partner of the firm formerly known as Miller Faucher Cafferty and Wexler LLP. Before then, he began his career and was a partner in the Chicago law firm now known as Much Shelist Dennenberg Ament & Rubenstein, PC. Ken has been in leadership positions in cases with far-ranging subject matters, including brand name manufacturer suppression of competition from generic drugs, fraudulent and deceptive product overcharges, discrimination and harassment, corporate waste and mismanagement, cost recovery for defective medical devices, false advertising, and government fraud. Ken's practice is devoted to complex class action and commercial litigation, which includes claims brought under federal and various state false claims statutes, and the securities and antitrust laws. At present, Ken is particularly focused on protecting issuers of municipal bonds, recovering losses for pension funds and other investors that were victimized by unlawful and improvident securities lending practices, and cost-recovery for victims of healthcare fraud, including Taft-Hartley Funds, self-insured employers and governments. Member: Chicago Bar Association; Illinois State Bar Association; American Bar Association; Federal Bar Association. Reported Cases: Ken has served as lead counsel in numerous high profile cases, including the following: New England Carpenters Health Benefits Fund v. First Databank, Case No. 1:05-CV-11148 (D. Mass.), Ken is co-lead counsel on this matter alleging a RICO conspiracy to abruptly increase the published spread between average wholesale prices and wholesale acquisition costs for pharmaceuticals in the 2001-2002 time frame, causing purchasers to pay billions of dollars extra for needed drugs. Two of the defendants, First Databank and Medispan, settled by agreeing to roll back the average wholesale prices of affected drugs. Estimates have pinned the savings to consumers and third-party payers from this rollback at hundreds of millions of dollars. The remaining defendant, McKesson Corp., settled on a class wide basis for $350 million. In re: Pet Food Products Liability Litigation, MDL No. 1850 (D. NJ.), Ken is co-lead counsel in this class action which sought damages against numerous pet food manufacturers and retailers for the manufacture and sale of contaminated pet food alleged to have killed or injured dogs and cats throughout the United States and Canada. The case, which began with a pet food recall in March, 2007, settled in May, 2008, for $24 million. The settlement, which is currently on appeal in the Third Circuit, is notable not only for its swift and effective use of the class action device, but also for potentially paying to pet owner claimants monies they could not otherwise have recovered had their cases actually gone to trial. In re: Pharmaceutical Industry Average Wholesale Price Litigation, MDL No. 1456 (D. Mass.), Wexler Wallace initiated a wave of class-actions nationwide against the dominant pharmaceutical manufacturers to stop the fraudulent publication of a fictitious price called Average Wholesale Price, or AWP. Manipulation of AWP by defendants caused federal and state governments, third party payors and consumers to vastly overpay for prescription drugs. Ken was appointed co-lead counsel and has been actively involved in all aspects of this monumental case. After a bench trial of part of the action in 2007, the District Court entered judgment against Bristol-Myers Squibb and AstraZeneca on behalf of two classes of Massachusetts consumers and TPPs. In 2008, eleven major pharmaceutical companies agreed to a $125 million nationwide settlement, benefiting consumers and third-party payers. Additionally, a settlement was approved by the Court in which GlaxoSmithKline agreed to pay $70 million; final approval was granted for $24 million settlement with AstraZeneca for consumer Medicare Part B claims for Zoladex; and preliminary approval was granted for a $19 million settlement with Bristol Myers Squibb. The 2007 judgment against AstraZeneca was recently affirmed by the First Circuit Court of Appeals, as was the separate $24 million consumer settlement with AstraZeneca. Illinois Funeral Directors Association Litigation, (Multiple Cases), Wexler Wallace has filed four cases to date attempting to recover losses to the Illinois Pre-Need Trust, which was established to safeguard deposits intended to pre-pay for funeral services and related merchandise. As alleged in the Complaints, the losses to the Trust resulted from the wrongful conduct of various Merrill Lynch entities, insurance companies and others. These cases are pending in state and federal courts throughout Illinois. Damages are estimated to exceed $100 million. Nichols v. SmithKline Beecham Corp., Case No. 2:00-CV-06222-JP (E.D. Pa.), In this antitrust case, Plaintiffs alleged that several of the Defendant's patents for paroxetine hydrochloride were improperly listed in the FDA Orange Book and that the Defendant's patent infringement litigation against various generic drug manufacturers was "sham" litigation designed to keep generic versions of Paxil® off the market. Ken, as one of three co-lead counsel, had to build the Paxil case from the ground up. The Paxil litigation is believed to be one of the first, if not the first, to allege misuse of patents to delay generic competition in a pharmaceutical market brought under Section 2 of the Sherman Act rather than Section 1. Despite these hurdles, and after extensive discovery and investigation, the case settled for $65 million in cash. The favorable response to this settlement was overwhelming, with over 60,000 consumers filing claims. Wiginton v. CB Richard Ellis, Inc., Case No. 1:02-CV-06832 (N.D. Ill.), Wexler Wallace initiated a nationwide class action seeking to remedy alleged company-wide sexual harassment at CB Richard Ellis. Ken was appointed co-lead counsel in this unique class action, which was extremely hard-fought from beginning to end. The case ultimately settled for monetary relief and a charitable contribution intended to help women in the work place. In re: BP Products North America, Inc. Antitrust Litigation, MDL No. 1801 (N.D. Ill.), Ken was appointed co-lead class counsel in this case, representing purchasers of propane gas who overpaid because of BP's alleged price manipulation after it cornered the TET propane market in February, 2004. The parties recently settled the case, with preliminary approval for the settlement being granted in November, 2009. Practice Areas: Complex and Multi-District Class Action Litigation; Consumer Litigation; Civil Rights; Antitrust Litigation; Securities Litigation; Commodities Litigation; False Claims Act; Accountants; Legal Malpractice; Government Litigation; Discrimination; Sexual Harassment.Email: Kenneth A. Wexler

PARTNERS

Edward A. Wallace (Partner) born Sacramento, California; admitted to bar, 1995, Illinois and Illinois Supreme Court; U.S. District Court, Northern District of Illinois, including Trial Bar; U.S. District Court, Southern District of Illinois; U.S. District Court, Western District of Michigan; U.S. District Court, District of Colorado; U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Seventh Circuit. Education: Eastern Illinois University (B.A., 1991); DePaul University (J.D., 1995). Ed joined the firm in February 2000, a little over a month after its founding by Ken Wexler. Since then, he has helped lead the firm to national prominence. He became a partner of the firm in 2003 and joined Ken as an equity partner in 2006. Ed focuses his practice on large scale multi-party complex litigation and he has been asked to serve in leadership positions in numerous high-profile cases, including recent appointments in securities litigation and mass torts. Ed's hard work led to his recognition as a 2009 "Rising Star" by Super Lawyers for the practice areas of class actions and mass torts, an award given annually to no more than 2.5 percent (2.5%) of the lawyers in Illinois. Ed has achieved the highest rating for legal ability in Martindale-Hubbell. Member: Chicago Bar Association; Illinois State Bar Association; American Bar Association. Reported Cases: In re: Kugel Mesh Hernia Patch Products Liability Litigation, (MDL No. 1842), Ed is a member of Plaintiffs Steering Committee ("PSC") in both Rhode Island State Court and in the consolidated Federal Court proceedings in the District of Rhode Island, where over a thousand cases are pending against manufacturers of the Composix Kugel Mesh Patch. Ed is Chair of the Law and Briefing Committee and is also a member of the trial team for the first cases selected for trial in the Federal Court proceedings. He was also recently re-elected to another term as the co-chairman of the American Association for Justice's Kugel® Mesh Litigation Group and co-authored "Composix® Kugel® Mesh: A Primer" for the Spring 2008 AAJ newsletter for the Section on Toxic, Environmental & Pharmaceutical Torts. His significant role in these cases has given him the privilege of working with lawyers from all over the country with similar cases. Illinois Funeral Directors Association Litigation, (Multiple Cases), Ed is co-lead counsel in these derivative and class actions aimed at restoring the monies that have been dissipated from the IFDA Services, Inc. Preneed Trust (the "Trust"), which had more than three hundred million dollars ($300,000,000) in assets that were intended to pay for funerals of pre-need planning customers. As a result of a risky scheme orchestrated by Merrill Lynch, the assets of the Trust have been severely diminished, threatening the businesses of funeral directors who have been absorbing the shortfalls in payments for funerals. While these cases are ongoing, they have already proved to be a catalyst for action taken against a former Merrill Lynch employee by governmental authorities to revoke his ability to sell both securities and insurance in Illinois. Levie v. Sears Roebuck Co., Case No. 04-CV-07643 (N.D. Ill.), Ed is liaison counsel in a securities fraud class action alleging that the Chief Executive Officer and Chairman of Sears made material omissions and misrepresentations in press releases regarding its acquisition by Kmart, which had the effect of artificially deflating the price of Sears' securities and maintaining their trading level. Virginia M. Damon Trust v. Mackinac Financial Corp., f/k/a North Country Financial Corp., Case No. 2:03cv0135 (W.D. Mich.), Ed was co-lead counsel in this derivative action on behalf of Mackinac Financial Corp., which involved allegations of wrongdoing and gross mismanagement by former chief executive officers of what was formerly known as North Country Bank and Trust resulting in millions of dollars in bad loans and other losses incurred by the bank and its shareholders. The case was litigated for years, brought to the brink of trial and settled after the Honorable Gordon J. Quist entered an order denying the bulk of defendant's motion for summary judgment and denying defendant's motions in limine to exclude plaintiff's experts. See Virginia M. Damon Trust v. Mackinac Fin. Corp., 2008 U.S. Dist. LEXIS 23 (W.D. Mich. Jan. 2, 2008). In approving the settlement, Judge Quist addressed the efforts of plaintiff's counsel stating, "...the plaintiff's lawyers did a good job. I mean they were successful almost a hundred percent..." Transcript of May 1, 2008, fairness hearing at p. 17. List v. List, Case No. 96 CH 845 (Cir. Ct. IL), Ed was lead counsel in this case alleging mismanagement and waste at this closely held manufacturing concern. The firm was retained by shareholders after a decade of litigation. Ed was lead trial counsel in the bench trial regarding fee claims against the clients; Judge Nancy Arnold rendered a verdict in favor of the clients and the remainder of case settled for a confidential amount after the firm pursued discovery relating to financial transactions of the company's former chief executive officer. Morris v. Sony Electronics, Inc., Case No. 03 L 210 (Cir. Ct. IL), Ed was lead counsel in this class action involving defective electronic DVD players, which was certified as a nationwide class and later settled. In re: Medtronic, Inc. Implantable Defibrillators Products Liability Litigation, MDL No. 1726 (D. Minn.), Ed was a member of third party payor committee in this action to recover costs of explant surgery and related expenses necessitated by the recall of certain Medtronic implantable defibrillators. The case settled with the firm's third party payor client, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, for a confidential amount. Practice Areas: Consumer Litigation; Antitrust; Consumer Protection; Healthcare Litigation; Business Litigation; Mass Torts; Investor Protection and Corporate Governance.Email: Edward A. Wallace

Jennifer Fountain Connolly (Partner) born Austin, Texas; admitted to bar, 2002, Illinois and Illinois Supreme Court; 1998, Colorado Supreme Court; 2003, U.S. District Court, Northern District of Illinois; 2003, U.S. District Court, Southern District of Illinois; 1998, U.S. District Court, District of Colorado; 1999, U.S. Court of Appeals, Tenth Circuit;. Education: University of Chicago (B.A., High Honors, Special Honors, English, 1993); University of Denver College of Law (J.D., 1998). Jennifer is a partner at the Chicago office of Wexler Wallace. She has established herself as the point person for the firm's antitrust practice and has represented consumers and third-party payors in a variety of class actions, especially in the health care arena. She currently has leadership positions in a number of class actions involving anti-competitive and fraudulent conduct in the pharmaceutical industry. In addition, Jennifer is engaged in litigation directed to the financial industry, as well as numerous false claims (qui tam) actions across the country. Jennifer has been a key component of the firm's prosecution of the AWP Litigation and served on the team who tried the case against four defendants beginning in the fall of 2006 and helped to successfully defend Plaintiffs' verdict against AstraZeneca in the First Circuit Court of Appeals. She was actively involved in a case where Wexler Wallace is co-lead counsel against McKesson and First DataBank, which alleges they conspired to increase the prices of over 400 brand drugs. Wexler Wallace and their co-lead counsel recently obtained final approval of a $350 million settlement in that case, reached on the eve of trial. Jennifer enjoys mentoring young attorneys and has therefore taken an active role in teaching the firm's associates about topics ranging from writing skills to e-discovery. She has likewise taught several classes at Loyola University Chicago School of Law, including discovery in complex cases and trying the complex case. Jennifer joined the firm in October 2002 after working for a complex litigation firm in Denver, Colorado. Prior to that, she was an Assistant Attorney General in the Business Regulation Unit of the Colorado Attorney General's office. Member: Chicago Bar Association; Illinois Bar Association; American Bar Association. Practice Areas: Consumer Protection; Antitrust; Healthcare Litigation; Qui Tam / Whistleblower.Email: Jennifer Fountain Connolly

Mark J. Tamblyn (Partner) born Sacramento, California; admitted to bar, 1995, California; U.S. District Court, Eastern District of California; U.S. District Court, Central District of California; U.S. District Court, Southern District of California; U.S. District Court, Northern District of California. Education: University of California, Davis (B.A., 1991); Pepperdine University School of Law (J.D., 1995). Judge Pro Tem, Sacramento Superior Court; Co-Instructor: "A Critical Update on the Class Action Fairness Act", National Business Institute, June 1, 2005; "Your First Class Action", National Consumer Law Center, Consumer Rights Litigation Conference, October 25, 2003; "Litigation Case Management for the California Paralegal," National Business Institute, October 19, 2004. Contributor: M. Bender, Deskbook on Management of Complex Civil Litigation, Judicial Counsel of California (2003). Member: State Bar of California (Antitrust and Unfair Competition Section); American Association for Justice; Consumer Attorneys of California; Federal Bar Association. (Resident, Sacramento, California Office). Practice Areas: Antitrust; Consumer Protection; Business Litigation.Email: Mark J. Tamblyn

ASSOCIATES

Amber M. Nesbitt (Associate) born Chicago, Illinois; admitted to bar, 2004, Illinois; 2005, U.S. District Court, Northern District of Illinois. Education: University of Michigan, Ann Arbor (B.A., Psychology and Sociology, 2000); Loyola University Chicago School of Law (J.D., magna cum laude, 2004). Amber began at Wexler Wallace as a summer associate while in law school, and joined the firm as an attorney upon graduating in 2004. In that time, she has been actively involved in several types of cases, from complex class action litigation involving nationwide claims to arbitration of business disputes and everything in between. A majority of her time is spent on antitrust, consumer fraud, and RICO cases, although she also has extensive experience with civil rights, securities, mass torts, and shareholder derivative lawsuits. She is regularly involved in all aspects of litigation, from investigating potential cases, conducting and managing discovery, researching legal issues and drafting briefs at every stage of a lawsuit, preparing for trial, and mediating and negotiating settlements. Amber has first-chaired the arbitration of a partnership dispute directed to a complex business relationship and real estate transaction. Member: Chicago Bar Association (including Young Lawyer's Section); Illinois State Bar Association; American Bar Association. Practice Areas: Consumer Protection; Civil Rights; Antitrust; Healthcare Litigation; Business Litigation; Investor Protection and Corporate Governance.Email: Amber M. Nesbitt

Mark R. Miller (Associate) admitted to bar, 2004, Illinois; 2005, U.S. District Court, Northern District of Illinois. Education: Central Michigan University (B.S., History, 2001); Loyola University School of Law (J.D., 2004). Before joining Wexler Wallace, Mark represented both plaintiffs and defendants at all stages of litigation and in various areas of the law. He has first-chaired a bench trial and successfully argued a motion for class certification in a multimillion dollar case. At Wexler Wallace, Mark has been engaged in virtually all facets of complex litigation on the plaintiffs' side. He has enhanced the firm's reputation and developed solid relationships with judges, co-counsel and clients alike. Mark's charitable work has demonstrated his commitment to protecting the right of all persons, regardless of social or economic background, to obtain able representation. His work with local businesses has given him an understanding of the importance of the legal system's role in protecting the interests of small business and consumer clients from trade violations and other abuses of market power. Member: Chicago Bar Association; American Bar Association. Practice Areas: Antitrust; Consumer Protection; Healthcare Litigation; Mass Torts; Investor Protection and Corporate Governance; Product Liability.Email: Mark R. Miller

Sharlene P.B. Hobson (Associate) born Chicago, IL; admitted to bar, 2003, Illinois and U.S. District Court, Northern District of Illinois. Education: Cornell College (B.S.S., Sociology, joint degree program, 1996); University of Chicago (M.A., Social Service Administration, joint degree program, 1996); New York University School of Law (J.D., 2003) Root-Tilden-Kern Scholar. Sharlene P.B. Hobson is an associate at Wexler Wallace LLP. Her litigation practice focuses on business/commercial, corporate governance, consumer protection and antitrust matters. She has a wide range of litigation experience, including conducting direct and cross examinations of both fact and expert witnesses. Prior to joining Wexler Wallace, Ms. Hobson worked at Sidley Austin LLP where she represented officers and directors, accounting firms, corporations, and banks in federal securities class actions, shareholder derivative suits, and professional negligence and breach of fiduciary duty actions. She also represented clients in investigations and enforcement proceedings by the Securities and Exchange Commission, as well as internal investigations. Ms. Hobson is actively involved in pro bono work. She is currently representing a man on death row in Alabama in post-conviction proceedings. Ms. Hobson received her J.D. from New York University School of Law in 2003 where she was a Root-Tilden-Kern Scholar. Prior to law school, Ms. Hobson received her M.A. in Social Service Administration from the University of Chicago and practiced in the fields of youth development and advocacy on behalf of victims of sexual assault. . Member: American Bar Association; Black Women Lawyer's Association (Judicial Screening Committee Member). Practice Areas: Antitrust; Consumer Protection; Healthcare Litigation; Business Litigation; Qui Tam / Whistleblower; Investor Protection and Corporate Governance.Email: Sharlene P.B. Hobson

Michele A. Casey (Associate) admitted to bar, 2004, Illinois; 2005, U.S. District Court, Northern District of Illinois; 2007, U.S. Court of Appeals, Seventh Circuit. Education: Harvard University (B.A., magna cum laude, English/Women's Studies, 1999); University of California, Berkeley School of Law, Boalt Hall (J.D., 2004). Michele comes to Wexler Wallace LLP from Sidley Austin LLP, where her practice focused on accountant liability, securities class actions and appellate work. Michele has experience with complex commercial litigation, including, among other things, preparing witnesses for testimony before the Securities and Exchange Commission, drafting and responding to discovery requests, and taking primary responsibility for motions to dismiss, summary judgment and post-trial motions and appeals in a variety of jurisdictions, including the United States Supreme Court. Michele has taken on a significant role in the firm's pharmaceutical antitrust litigation and its securities litigation. Michele is committed to pro bono practice and has worked on several pro bono cases relating to low-income housing, including handling a house closing for a participant in the Community Economic Development Law Project of the Chicago Lawyers' Committee for Civil Rights Under the Law, and successfully negotiating a favorable settlement for a low-income tenant while working with the Lawyers' Committee for Better Housing. From 1999-2001, Michele served as an AmeriCorps VISTA volunteer for the Land of Lincoln Legal Assistance Foundation in Champaign-Urbana, Illinois. . Practice Areas: Antitrust; Healthcare Litigation; Business Litigation; Qui Tam / Whistleblower; Investor Protection and Corporate Governance.

Neha Duggal (Associate) born Chicago, Illinois; admitted to bar, 2007, California. (Not admitted in Illinois). Education: University of California (B.A., Economics & Communication, Dean's List, 2004); University of San Diego School of Law (J.D., 2007). Neha is an associate at Wexler Wallace's Sacramento office, where her practice focuses on class action litigation directed to consumer and business fraud. Her work has included involvement in consumer class actions involving defective home appliances, misrepresentations of jewelry products, and home satellite receiver services. Prior to joining the Firm, Neha worked for a large national law firm that specializes in class action defense. Ms. Duggal is a graduate of the University of San Diego School of Law. During law school, Neha participated in Moot Court and represented clients through the law school's Small Claims & Environmental Legal Clinic. Member: State Bar of California (Member, Antitrust and Unfair Competition Section). Practice Areas: Antitrust; Consumer Protection; Business Litigation.

Michael H. Bowman (Associate) admitted to bar, 2004, Maryland; 2007, West Virginia; U.S. District Court, Eastern and Western Districts of Virginia. (Not admitted in Illinois). Education: Wheeling Jesuit University, (B.S., Biology, 1999; M.B.A., 2001); Rutgers University Law School (J.D., 2004). Michael began his legal career at what was then the Wheeling, West Virginia office of Wexler Wallace. He made an immediate impact as a significant contributor to antitrust document review. At the same time, Michael became increasingly involved with the firm's mass torts practice, which is his primary concentration today. Michael's early experience training for a career in medicine has fueled his desire to assist those clients who slip through the cracks of the healthcare system. At Wexler Wallace, he is continually striving to meet this goal. Practice Areas: Antitrust; Mass Torts; Consumer Protection; Business Litigation.Email: Michael H. Bowman

Dawn M. Goulet (Associate) admitted to bar, 2009, Illinois and U.S. District Court, Northern District of Illinois. Education: Lawrence Technological University, Southfield, MI (B.S., cum laude, Architecture, 2002); Loyola University Chicago School of Law (J.D., magna cum laude, 2009). Dawn is an associate in the firm's Chicago office, where she began her legal career as an assistant. After becoming a paralegal at Wexler Wallace, Dawn developed a passion for complex litigation that led her to law school. She immersed herself in a curriculum of consumer protection, antitrust, class action litigation, products liability and pharmaceutical regulation, received CALI awards for obtaining the highest grade in a number of her classes, and graduated magna cum laude from Loyola University Chicago School of Law. Dawn emerges from law school with a host of new skills, but with continued dedication to the firm she has called home for over six years. Her familiarity with complex litigation now serves her well as a new associate. Member: Chicago Bar Association; American Bar Association. Practice Areas: Antitrust; Consumer Protection; Healthcare Litigation; Business Litigation.Email: Dawn M. Goulet


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