Jennifer defends her clients in federal and state litigation across the country that allege fraud, breach of contract, or securities law violations. She is a key member of an Orrick trial team that has shaped the legal landscape of RMBS litigation after the 2009 financial crisis, delivering out-of-the box arguments and innovative solutions for her clients, from initial receipt of pre-litigation demands through expert work, summary judgment and trial.
Jennifer's mortgage-backed securities litigation experience, which spans the last decade, includes:
Representing Credit Suisse Securities in multiple million and billion-dollar actions across the country brought by monoline insurers, trustees, and regulators alleging breaches of representations and warranties, fraud, and securities violations. Recent highlights include conducting direct examination of an expert witness in a trial in February 2023, and securing partial dismissal of claims in December 2023 after arguing a motion to dismiss.
Representing Goldman Sachs in two RMBS putback actions pending in the Southern District of New York alleging that Goldman breached representations and warranties regarding the characteristics of the deal loans.
Jennifer also has significant mortgage servicing expertise, including the following matters:
Representing Nationstar in a breach of contract dispute alleging that Nationstar failed to properly service and made misrepresentations regarding thousands of early buy-out loans.
Representing Ocwen Mortgage Servicing in a consumer class action in the Eastern District of California alleging numerous claims including RICO, California consumer protection statutes and fraud.
Jennifer also represents financial services companies related to commercial disputes, including:
Representing Pipe Technologies, Inc. in multiple commercial disputes regarding payment of services.
Representing a large financial services platform in multiple subpoenas issued for production of documents.
Jennifer is dedicated to pro bono work, including asylum claims, a cause close to her heart as a child of immigrants. Prior to joining Orrick, she held a fellowship position in the Law Reform Unit at the Legal Aid Society of New York, litigating both individual cases as well as class actions.
Jennifer was recently recognized as a Rising Star by Law360, one of four top attorneys under 40 in banking. She was also recognized by the Minority Corporate Counsel Association as a Rising Star this year.
Jennifer is a leader and advocate for inclusion and belonging initiatives in the legal profession. She leads Orrick's Inclusion & Belonging Committee in San Francisco. She has served as a fellow for the Leadership Council on Legal Diversity, and is active in the California Minority Counsel Program.
She focuses
on high growth technology companies and represents both public and
private companies and venture capital funds in many areas, including corporate
and securities law, venture capital financings, mergers and acquisitions,
public offerings, public company representation and private equity.
Prior
to joining Orrick, Elizabeth was of counsel with Clifford Chance and an
associate at Brobeck Phleger and Harrison.
Barry is known in the market as “one of the most accomplished litigators,” “very effective in pursuing compelling themes and tearing down witnesses with polite cross-examination” (2017 Benchmark Litigation), and as "a real seasoned veteran of high-stakes litigation" (2020 Chambers USA). Barry has also been commended by his peers as a "fabulous lawyer" who is "very well regarded and really knows the area" (2016 Chambers USA).
Barry has broad first chair experience in trial and arbitration, ranging from trial counsel for Johns-Manville Corporation in its coverage litigation involving asbestos-related bodily injury claims to successful domestic and international arbitrations on behalf of financial institutions, hospitals, and hospitality companies.
Over the past 8 years, Barry has developed extensive experience in issues arising out of the financial crisis, including a range of issues relating to mortgage backed securities and lending practices.
He is a frequent lecturer in the area of litigation, insurance coverage and law firm management. Prior to joining Orrick, Barry was a shareholder at Heller Ehrman LLP.
In addition, Fredrick has represented corporate and individual clients in a wide array of national and transnational commercial disputes involving contract enforcement, corporate governance, debt collection, intellectual property, mergers and acquisitions, real estate and securities. He also has an active appellate practice and has briefed and argued numerous cases in federal and state courts throughout the U.S.
Fredrick is a frequent author and lecturer on litigation and compliance issues regarding the consumer financial services industry, including on topics such as federal preemption under the Dodd-Frank Act, the Consumer Financial Protection Bureau's (CFPB) mortgage servicing rules, the CFPB’s proposed arbitration rule, residential mortgage backed securities litigation, management of multi-jurisdictional litigation, enforcement of jury trial waivers and the use of American discovery in support of foreign litigation and damages measurement.
Prior to joining Orrick, Fredrick was a partner at Buckley LLP. He is co-located in the firm’s Chicago office and practices regularly in Illinois and Michigan.
Melissa's practice focuses on privacy, online safety, content moderation, and cybersecurity, along with a wide array of commercial disputes. She has defended and advised one of the largest technology companies in the world for multiple years against claims challenging aspects of its online services, including product design and content moderation decisions. Her teams help their clients develop creative and effective legal strategies, not only to defend against specific lawsuits, but also to prepare for future legal risk.
Melissa has also advised multiple clients responding to government investigations, including by the FTC.
Additionally, Melissa maintains an advisory practice, working with her teams to provide recommendations and risk analyses to various clients on their online terms and policies, content moderation practices, online safety, and issues related to Section 230 of the Communications Decency Act.
Melissa also maintains a pro bono practice. Among other matters, Melissa is currently representing multiple members of a Honduran family seeking various forms of immigration relief.
Marc's practice concentrates on insolvency planning, bankruptcy cases, out-of-court reorganizations and workouts. He represents secured and unsecured creditors, acquirers of assets from insolvent companies, debtors, indenture trustees, committees, public entities and bankruptcy trustees.
Clients turn to Joe again and again as a creative problem solver and trusted advisor in helping them achieve their goals quickly and efficiently.
For example, in a wage class action for Sears, Joe quarterbacked an unusual strategy to dismiss the case. The team discovered that the plaintiff had filed for bankruptcy, and filed a motion to dismiss because the plaintiff no longer owned the lawsuit, the bankruptcy trustee did. But the plaintiff argued he might re-acquire the lawsuit in bankruptcy court, and the district court allowed him to try. In the bankruptcy court, Joe had Sears buy the lawsuit (an asset of the plaintiff’s bankruptcy estate) for a nominal amount, and then returned to the district court where Sears, now the owner of the class action against itself, dismissed the case with prejudice.
In Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case that garnered intense national scrutiny, Joe led the trial team's work on jury instructions and expert witnesses.
Joe is praised by clients, co-counsel and colleagues for his collaborative approach and ability to bring out the best work from the team.
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