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| Phone: (212) 808-7789 |
Fax: (212) 808-7897 |
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| Mr. Palermo's practice focuses on complex commercial litigation, including the representation of organizations and individuals in litigation involving allegations of fraud. He has handled a variety of litigation matters, including cases involving securities fraud and qui tam actions. He has represented pharmaceutical companies in government investigations, class action litigation and claims brought by state attorneys general involving the marketing and pricing of pharmaceuticals. He has also defended manufacturers in complex product liability actions. |
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Representative Experience:
Mr. Palermo has represented pharmaceutical companies in cases alleging consumer fraud, unfair trade practices and fraudulent price reporting and marketing in the pharmaceutical industry. He is currently representing a major pharmaceutical manufacturer and its subsidiary in cases alleging Medicare and Medicaid fraud, including civil cases filed by the attorneys general of 18 states, including three whistleblower actions, and in numerous private class actions in which similar claims are alleged.
Mr. Palermo represents a former corporate officer of a corporation that owns numerous food service concerns throughout the world in one of the largest securities fraud class actions ever filed, which was consolidated in multidistrict litigation. The claims relate to the company's restatement of $1.2 billion in net income as a result of vendor promotional allowance fraud at one of its subsidiaries, as well as other allegations of accounting irregularities.
Mr. Palermo represents a corporate director in shareholders' derivative actions that have been consolidated in multi-district litigation in United States District Court for the District of Columbia. The case alleges violations of a number of accounting rules relating to mortgages, and arises out of an investigation into accounting practices by the federal Office of Federal Housing Enterprise Oversight. The complaint also alleges claims relating to the directors' actions in connection with the termination of employment of the company's former CEO and CFO.
Mr. Palermo also has extensive experience in the areas of toxic tort and products liability litigation. Mr. Palermo's experience includes defending a chemical manufacturer and a chemical distributor in landmark mass tort litigation arising from alleged chemical exposure in the semiconductor industry workplace. In those cases, roughly 200 plaintiffs alleged various injuries, including birth defects and different types of cancers, allegedly caused by exposure to a wide variety of industrial chemicals in the workplace, including ethylene glycol ethers, acetone, benzene, n-butyl acetate and other chemicals.
Mr. Palermo has also represented the manufacturer of a resin used to make polyethylene pipe in an action seeking indemnification for wrongful death claims, personal injuries and property damage arising from a building explosion. The plaintiff in that action, a large utility, also sought recovery for the replacement of hundreds of miles of polyethylene pipe throughout its system. Mr. Palermo also represented the resin manufacturer in connection with a National Transportation Safety Board investigation into the explosion.
Other representative experience in complex commercial litigation includes defending a securities broker/dealer in a civil damage action pending in federal court (Southern District of New York) alleging federal securities fraud, common law fraud, and breach of fiduciary duty in connection with an international investment transaction in financial instruments.
Mr. Palermo has also represented companies, a brokerage firm and an accounting firm, and individuals, including officers of broker/dealers, in connection with SEC investigations and securities industry self-regulatory proceedings. |
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Professional Activities:
Secretary, New York State Commercial Courts Task Force - The Commercial Courts Task Force was established by Chief Judge of the State of New York Judith S. Kaye to create and refine the Commercial Division of the Supreme Court of the State of New York
Member, Defense Research Institute
Member, Princeton University Alumni Council, 1999-Present
Past Member, Georgetown University Law Center National Law Alumni Board |
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Speaking Engagements:
Consumer Fraud Claims and Class Actions: Defending Drug and Device Manufacturers at Every Stage of the Litigation, American Conference Institute's 12th Annual Drug & Medical Devices Litigation Conference, December 13, 2007
Perspectives on Preparing for Plaintiffs' Latest Theories, Causes of Action, and Novel Damage Claims, American Conference Institute's 11th Annual Drug and Medical Device Litigation Conference, December 14, 2006
Recent Developments in Federal Whistleblower Law Under the Sarbanes-Oxley and False Claims Acts, Kelley Drye & Warren LLP CLE Program, January 31, 2006 |
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Bar Admissions:
New York, 1988
United States District Courts for the Southern and Eastern Districts of New York
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| Education:
Georgetown University, JD, cum laude, 1987
Notes and Comments Editor, Law and Policy in International Business, 1986-87
Princeton University, AB, cum laude, 1984
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Office Location:
101 Park Avenue
New York, NY 10178-0002
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