Jamie A. Levitt PARTNER 250 WEST 55TH STREET NEW YORK, NY 10019-9601 (212) 468-8203 JLEVITT@MOFO.COM EDUCATION UNIVERSITY OF PENNSYLVANIA (B.A., 1988) COLUMBIA LAW SCHOOL (J.D., 1992) BAR ADMISSIONS NEW JERSEY NEW YORK CLERKSHIPS HON. NATHANIEL M. GORTON, U.S. DISTRICT COURT, DISTRICT OF MASSACHUSETTS (1993-1994) PRACTICES COMMERCIAL LITIGATION INTELLECTUAL PROPERTY LITIGATION Jamie Levitt is co-chair of the firm s Commercial Litigation and Trial Group and former head of the New York Litigation Department. Her practice involves all aspects of complex commercial litigation and arbitration, with an emphasis on securities litigation. She has represented public companies and their officers and directors in securities fraud actions, shareholder derivative suits and SEC and other regulatory investigations. She also has experience conducting and defending corporate internal investigations and advising board committees and individuals with respect to investigations. Ms. Levitt is a trial lawyer with extensive experience representing companies in the courtroom in a broad range of commercial disputes, including real estate financing disputes, bankruptcy contested proceedings, accounting claims, and intellectual property cases involving trademark, trade secret and unfair competition claims. Her clients include companies, officers and directors in a wide array of industries, including financial services, life sciences, technology and real estate. Ms. Levitt serves on numerous boards and committees of public interest groups, including serving on the Board of the Federal Bar Council and as past chair of its Public Service Committee; Executive Vice President of the Board of Advocates for Children of New York, Inc.; Chair of the Board of New York Lawyers for the Public Interest; member of the Board of VisionSpring; and member of the Advisory Board of Inwood House. In addition, Ms. Levitt serves on the Board of Directors of Morrison & Foerster LLP and as Chair of The Morrison & Foerster Foundation, and was formerly chair of Morrison & Foerster s Pro Bono Committee. Ms. Levitt received her BA, magna cum laude, in 1988 from the University of Pennsylvania, and her JD in 1992 from Columbia University School of Law, where she was a Harlan Fiske Stone Scholar and an Articles Editor of the Columbia Journal of Law and Social Problems. From 1993 to 1994, she served as a law clerk to the Hon. Nathaniel M. Gorton, U.S. District Court, District of Massachusetts. FutureSelect Portfolio Management Inc. v. Ernst & Young Defended Ernst & Young ( E&Y ) in litigation brought by investors in the alternative investment funds (the Rye Funds), which hired Bernard Madoff as an investment advisor. The plaintiffs alleged that E&Y issued audit reports on the Rye Funds financial statements, which contained misstatements, and sought $112 million in damages. The case went to trial and the jury rejected the vast majority of FutureSelect s claims and only found E&Y liable for approximately $10 million. Residential Capital, LLC (Bankr. S.D.N.Y.) Lead litigation counsel to Residential Capital and its affiliates, one of the largest residential real estate finance, loan servicing and origination companies
BANKING + FINANCIAL SERVICES at the time of its chapter 11 filing, with assets and liabilities in excess of $15 billion. Residential Capital was the largest bankruptcy filing of 2012 and the case represents the first time that a mortgage servicer was able to successfully continue servicing and originating mortgages in bankruptcy and be sold as a going concern. Lead counsel for the debtors and their officers and directors in an Examiner investigation, negotiated and litigated a settlement of approximately $45 billion of exposure to claims relating to debtors residential mortgage backed securities and successfully first chaired the trial of an adversary proceeding against Residential Capital s junior secured noteholders defeating their claims of entitlement to hundreds of millions of post-petition interest. (2012-2013) In re NovaGold Resources, Inc. Securities Litigation (S.D.N.Y.) Represented NovaGold Resources, Inc. and certain officers and directors in a securities class action in connection with disclosures of estimated capital costs a mining project. Succeeded in getting all claims dismissed but for one that was favorably resolved with global settlements in the United States and Canada. (2010) In re Worldspace Securities Litigation (S.D.N.Y). Defended officers of Worldspace and coordinated with counsel for investment bank defendants in a securities class action arising out of the company s initial public offering. Mediated a favorable global resolution. (2013) JPMorgan Chase/SouthEdge (U.S. Bankruptcy Court, D. Nev.) Secured a significant trial victory for JPMorgan Chase Bank, N.A. in connection with an involuntary Chapter 11 bankruptcy petition and appointment of a trustee against a defaulting borrower in a real estate transaction. (2011) In re Metromedia Fiber Networks, Inc. Securities Litigation (S.D.N.Y.) Defended directors of Metromedia Fiber Networks, Inc. (MFN) in securities fraud class actions arising out of accounting restatements. One action was dismissed on a successful motion. (2004) MFN Audit Committee Chair (SEC) Represented former chair of the MFN audit committee in connection with an Audit Committee and SEC investigation into securities and accounting fraud allegations, which resulted in the SEC terminating its investigation of our client. (2007)
Bradley Pharmaceuticals Investigations (SEC) Represented Bradley Pharmaceuticals, Inc. and its officers and directors in an SEC and internal investigation in connection with alleged accounting errors and disclosures in the company s financial statements. (2008) Johnson v. Glassman (D. N.J.; NJ State Court, Essex County; NJ Appellate Division) Defended Bradley Pharmaceuticals, Inc. and its officers and directors in a securities class action, shareholder derivative actions, and subsequent merger litigation and a contested proxy dispute. Won motions to dismiss the federal and state derivative actions, affirmed after argument on appeal. (2008) Staehr v. Hartford Financial Services Group, Inc. (D. Conn). Represented The Hartford Financial Services Group, Inc., and certain of its officers and directors in a securities class action arising out of the NY Attorney General s investigations of alleged contingent commissions and bid-rigging. Convinced plaintiffs to voluntarily dismiss a related ERISA action and motion to dismiss the class action based on inquiry notice was granted but reversed on appeal. Successfully mediated a favorable settlement of all claims. (2009) American Home Mortgage (DOJ, SEC; S.D.N.Y). Defended the former Chief Financial Officer of one of the largest national mortgage originators in DOJ and SEC investigations and related shareholder litigation arising from the financial crisis. (2011) Metropole v. RemoteReality (AAA Arbitration; Supreme Court N.Y) Represented RemoteReality Corporation, a manufacturer of 360º imaging technology, and certain of its officers and directors in a successful four-week arbitration against a business partner claiming breach of contract and fraud in the inducement. Simultaneously represented the company, its officers, directors and venture investors in vacating a temporary restraining order in order to allow a securities right offering to proceed. (2004) CFLP v. Market Data Corporation
(Del. Ch. Ct.) Represented Market Data Corporation in a preliminary injunction hearing and four-month trial in Delaware Chancery Court regarding allegations of breach of fiduciary duties. (2004) Outside Directors and Audit Committee of Take Two Interactive Software, Inc. (SEC) Represented outside directors and Audit Committee of the Board of a global developer, marketer, distributor and publisher of software games and accessories in an SEC investigation concerning accounting matters related to the company s financial statements, periodic reporting, and internal accounting controls. (2002) Interpool Audit Committee Represented the Audit Committee of Interpool, Inc., a NYSE-listed company and one of the world's leading lessors of shipping containers and chassis, in an internal investigation and subsequent securities litigation arising from an accounting restatement. (2003) Financial Institution Executive Compensation Investigation Conducted an internal investigation on behalf of the Board of a major financial institution regarding executive compensation. (2009) Viatel Audit Committee Conducted an internal investigation of issues arising out of a merger on behalf of the Audit Committee of Viatel, Ltd. (2001) First Bank v. Silverman (E.D.N.Y) Represented First Bank in connection with a loan default, fraud claims and related counterclaims. Succeeded in getting all claims against First Bank dismiss on a motion and settling First Bank's affirmative action favorably. (2010) ICS Travel v. Cheap Tickets, Inc. (E.D.N.Y) Successfully obtained summary judgment on behalf of Cheap Tickets, Inc. in a trademark infringement and anti-cybersquatting action against an operator of an infringing travel website. (2007) Verified Identity Pass, Inc. v. Fischer
(S.D.N.Y) Successfully obtained restraining order and favorable settlement on behalf of our client Verified Identity Pass in connection with theft of trade secrets by a former employee. (2008) Carol s Daughter Holdings, Inc. v. Carol s Express LLC, et al. (S.D.N.Y.). Achieved a favorable ruling on a motion for preliminary injunction requiring defendants to cease distribution of knock-off products that infringed a high-end beauty product manufacturer s trademarks and trade dress. Ultimately obtained a consent decree requiring defendants to change their company name and cease future infringing activities. (2010)