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Marian P. Rosner

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About:

Marian Probst Rosner is a senior partner in Wolf Popper LLP, ("Wolf Popper" or "the Firm"). She is the co-chair of the Firm's securities litigation department and is a member of the executive committee. Ms. Rosner is a graduate of New York University (B.A., 1970) and from Brooklyn Law School (J.D., 1973). She served as an Assistant Corporation Counsel for the City of New York Law Department, General Litigation Division, before joining Wolf Popper in 1976.

Ms. Rosner has litigated securities class actions for more than twenty-five years and is a recognized expert in her field. A sample of the major class actions Ms. Rosner has successfully litigated and the Court's comments concerning her work are as follows:

  • In re WebSecure, Inc. Securities Litigation, 97-10662-GAO (D. Mass.). In an early precedent under the PSLRA, Ms. Rosner obtained an order from the court granting discovery notwithstanding an anticipated motion to dismiss by the defendants. [1998 Transfer Binder] Fed. Sec. L. Rep. (CCH) 90,112 (D. Mass. 1997) and successfully defended against defendants' motion to dismiss (182 F.R.D. 364 (D. Mass. 1998). A substantial recovery was obtained for the class, in spite of the bankruptcy of the corporate defendant.

  • In In re Cephalon Securities Litigation, 96 CV-0633 (E.D. Pa.), Ms. Rosner prosecuted one of the first securities cases filed under PSLRA, on behalf of an institutional investor. A $17 million settlement was obtained in a complex action against a biotechnology company accused of misrepresenting test results of a Phase III clinical study of a drug to treat ALS patients. In addition to successfully litigating the motion to dismiss (1997 WL 570918 (E.D. Pa. Aug. 29, 1997)), a precedent-setting decision regarding class certification was obtained for a class broadly defined to include short sellers and option traders (Fed. Sec. L. Rep. 90,268 (E.D. Pa. Aug. 12, 1998).

  • Ms. Rosner litigated for two years until the eve of trial an investor class action in Danis v. USN Communications, Inc., 98C 7412 (N.D. Ill.) where a recovery of $44.7 million was achieved for the class. The settlement returned to class members approximately 32% of maximum provable damages. The court's decision denying defendants' motion to dismiss is reported at 73 F. Supp. 2d 923 (N.D. Ill. 1999).

  • Ms. Rosner achieved a benefit of over $50 million in the settlement of the litigation over the merger of the American Stock Exchange and the NASD in Philipson v. American Stock Exchange, 98 Civ 4219 (DC) (S.D.N.Y., Transcript of Proceedings, February 18, 1999, at 8-11), in which the Court complimented the Firm for its "terrific job" in negotiating a "substantial [recovery]."

  • Ms. Rosner was co-lead counsel in In re Chambers Development Co. Sec. Litig., C.A. No. 92-0679 (W.D. Pa.) that resulted in a $95 million cash settlement for the class in 1996, then one of the largest settlements in a securities fraud class action.

  • Ms. Rosner was the Chair of Plaintiffs' Executive and Scheduling Committees in the con-solidated litigation arising out of the national scandal at Wedtech Corporation. In re Wedtech Sec. Litig., M 21-36 (LBS) MDL 735 (S.D.N.Y.). Both institutional and private investors brought separate actions along with numerous class actions and participated in the $77.5 million settlement of the case, representing almost 67% of investor losses. Judge Leonard B. Sand stated at the settlement hearing that "My observation has been that this litigation has at all times been conducted at a very high-skilled professional level."

  • Ms. Rosner served as co-lead counsel in In re Prime Motor Inns Shareholder Litig., Master File No. 90-87 (DRD) (D.N.J.) which resulted in a settlement of $21.6 million for the class. At the conclusion of the case in 1993, Judge Debevoise complimented plaintiffs' counsel, stating, "The plaintiffs' attorneys have performed their work aggressively, skillfully and with good effect."

  • In the investor actions arising out of the failed public offering involving In-Store Advertising in which Ms. Rosner was co-lead counsel, Judge Peter K. Leisure, in approving a settlement of $9.25 million, stated at the settlement hearing held on December 18, 1996:
    Now, having reviewed the excellent work of counsel with regard to the preparation of the papers, and the research that was done, and having conducted independent research on the law, I am fully satisfied with the quality of the lawyers' work in this matter.
    In re In Store Advertising Sec. Litig., Master File No. 90 Civ. 5594 (PKL) (S.D.N.Y., December 18, 1996)

  • Ms. Rosner was co-lead counsel in investor actions brought against Valley National Bank of Arizona. Judge Robert C. Broomfield stated in approving a $10.8 million settlement on January 31, 1994:
    I commend counsel, particularly counsel who litigated this matter, on the quality of their representation of their respective counsel.
    Hoexter, et al. v. Simmons, et al., No. CV-89-1069-PHX-RCB (D. Az.).

  • Judge Nicholas H. Politan stated at the hearing approving the $4.25 million settlement in In re Electro-Catheter Corporation Sec. Litig., Civil No. 87-4l (D.N.J. September 7, l989), in which Ms. Rosner was co-lead counsel:
    I'm satisfied that counsel in this case are highly competent,very skilled in this very specialized area and were at all times during the course of the litigation that I participated in, which was perhaps the major portion of the Court litigation here, always well prepared, well spoken, and knew their stuff and they were a credit to their profession.
  • At the settlement hearing held on September 30, 1985 in In re Saxon Sec. Litig., 81 Civ. 3103 (S.D.N.Y.), in which Ms. Rosner served as co-lead counsel and achieved a recovery of over $20 million, Judge Mary Johnson Lowe praised the quality of work performed in the case:

    *   *    *
    We had claims which aggregated many times the value of what was available, and I think you were all just superb, and from this Court to all of the lawyers who participated you have my admiration, my thanks -- and I don't know what other accolades I can give you other than that, but that is the way I feel about what happened here, and I am very proud to be a lawyer to be associated with you.

After three years of extensive litigation and discovery, Ms. Rosner has settled, subject to Final Court approval, the class actions in Thurber, et al. v. Mattel, Inc., and Dusek, et al. v. Mattel, Inc., No. CV-99-10864-MRP(CWx) for $122 million cash plus interest for investors in Mattel, Inc.

Ms. Rosner had primary responsibility for Wolf Popper's representation as Special Advisory Counsel to the State of Wisconsin Investment Board in the Anicom litigation. Wolf Popper conducted the investigation of plaintiffs' claims, including extensive interviews of Anicom's former employees and customers, and prepared the initial Amended Complaint. That complaint was sustained by the District Court, leading to a global settlement of $30 million on behalf of all claimants.

Ms. Rosner is a former member of the Federal Courts, Corporation Law, and Securities Regulation Committees of the Bar Association of the City of New York. She has written and lectured widely on issues involving securities litigation and accountants' liability and has served on the following panels:

  1. Practicing Law Institute ("PLI") on “Accountants’ Liability After Enron”, May 20-21, 2002;
  2. Practicing Law Institute ("PLI") Securities Seminar 1998, 1999, 2000;
  3. May 8, 2001 and April 25, 2002 New York City Bar Association Seminar on Securities Litigation;
  4. Professional Liability Underwriting Society, "D&O Liability & Insurance Issues Symposium" (January 22-23, 1998);
  5. ALI-ABA Post Graduate Course in Federal Securities Law: "The Aftermath of Securities Litigation Reform" (July 24-2, 1997);
  6. PLI seminar on Sweeping Reform: Litigating & Bespeaking Caution Under the New Securities Law (1996);
  7. PLI 28th Annual Institute on Securities Regulation (1996);
  8. Federal Bar Council Roundtable: "Private Securities Litigation, A New Life Form Emerges" (October 23, 1996);
  9. PLI seminar on Accountants' Liability (1988, 1993 and 1994);
  10. Federal Bar Council Roundtable: Ethics and Professionalism in Witness Preparation and Depositions (March 22, 1994);
  11. American Bar Association 1993 summer meeting on the subject of RICO claims against accountants after the Supreme Court decision in Reeves v. Ernst & Young (1993);
  12. April 11, 2002 CityBar Center for Continuing Legal Education, Women in Negotiation: Practical Tips to Strengthen Your Negotiation Skills (For You & Your Clients).

Ms. Rosner is a member of the Board of Editors of the Securities Reform Act Litigation Reporter and the Arbitration Panel of the Eastern District of New York.

CONTACT:


Telephone:
  • (212) 451-9608

    Facsimile:
  • (212) 486-2093
  • (877) 370-7704

    Email:
  • mrosner@wolfpopper.com

    Education:
  • Brooklyn Law School (J.D., 1973)
  • New York University (B.A., 1970)


    Admissions:
  • New York
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