Mr. Palermo represents pharmaceutical companies in government investigations, class action litigation and claims brought by state Attorneys General involving the marketing and pricing of pharmaceuticals. In addition, he has experience in the areas of toxic tort and products liability litigation.
Mr. Palermo also has handled a variety of other litigation matters, including qui tam and securities actions. He has represented companies, a brokerage firm, and individuals, including officers of broker-dealers, in connection with SEC investigations and securities industry self-regulatory proceedings.
Representative Experience
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 numerous private class actions in which similar claims are alleged.Represented a former 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. 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.
Defended a chemical manufacturer and a chemical distributor in landmark mass tort litigation arising from alleged chemical exposure in the semiconductor industry workplace. Approximately 200 plaintiffs claimed 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.
Represented a corporate director in shareholders' derivative actions consolidated in multidistrict litigation in U.S. District Court for the District of Columbia. Case alleged violations of a number of accounting rules relating to mortgages, and arose out of an investigation into accounting practices by the Office of Federal Housing Enterprise Oversight. Complaint also alleged claims relating to the directors' actions in connection with the termination of employment of the company's former CEO and CFO.
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. Plaintiff, a large utility, also sought recovery for the replacement of hundreds of miles of polyethylene pipe throughout its system. Representation included a National Transportation Safety Board investigation into the explosion.
Defended a securities broker-dealer in a civil damage action pending in U.S. District Court for the 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.
Memberships & Associations
American Health Lawyers AssociationDefense Research Institute
Professional Activities
New York State Commercial Courts Task Force - secretary: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
Community Activities
Princeton University Alumni Council, past memberGeorgetown University Law Center, National Law Alumni Board, past member
