Attorney Bios

Andrew J. Entwistle Managing Partner
Andrew J. Entwistle
Managing Partner

Andrew J. Entwistle, the firm’s Managing Partner, focuses his practice on the representation of public and private institutional investors in complex securities and commercial litigations. Among other successes, Mr. Entwistle recently recovered more than $1.1 billion for his institutional clients in In re Royal Ahold N.V. Securities and ERISA Litigation.

 

 

Andrew J. Entwistle is the Firm’s managing partner. The son of a Scottish coal miner and an American schoolteacher, he received his undergraduate degree from the University of Notre Dame and his law degree from the University of Syracuse College of Law. Mr. Entwistle’s practice principally involves the representation of public and private institutional investors and public and private corporations in complex litigation (including both the prosecution and defense of securities and antitrust cases), corporate finance and transactional matters and internal investigations.
After a brief tenure in the District Attorney’s office, Mr. Entwistle became a lead trial and appellate attorney at Wilson Elser Moskowitz Edelman & Dicker, trying a broad variety of products liability, commercial, securities, insurance coverage and reinsurance, antitrust and government-related matters. During the following years with Mudge Rose Guthrie Alexander & Ferdon, Mr. Entwistle’s trial and appellate practice also came to include transaction-related litigation, antitrust and bankruptcy work and internal investigations. Mr. Entwistle also works closely with the governors, treasurers and attorneys general of several states. In connection with the firm’s corporate practice, Mr. Entwistle has acted as lead counsel on joint ventures, restructurings, venture capital placements and a multi-billion dollar leveraged buyout.
Recent litigation successes include: representation of the Colorado Public Employees’ Retirement Association in In re Royal Ahold N.V. Securities and ERISA Litigation resulting in recovery of more than $1.1B for his clients; acting as co-lead counsel in the MF Global litigation arising out of the loss of $1.6B in customer funds where Mr. Entwistle successfully worked with the SIPA Trustee and regulators to negotiate the 100 percent recovery by customers of all net equity losses (including separate recoveries totaling more than $100m against JPMC and the CME); successfully co-leading the JPMC settlement that resulted in contemporaneously negotiated resolutions of class, claw back and regulatory claims recovering a total of $2.243B for Madoff victims with net losses; and co-leading the ongoing Tremont litigation that resolved claw back litigation through an agreement that resulted in a $2.9B allowed SIPA claim for Tremont customers (and the recovery of more than $100m in additional settlements).  On the defense side, Mr. Entwistle was recently appointed by Judge Pauley as co-liaison counsel in the multi-billion dollar Tribune litigation which successfully resulted in dismissal of the Note Holder litigation.
Mr. Entwistle and his team also regularly represent corporate boards, audit and special committees in connection with internal investigations involving potential regulatory and/or criminal issues–often in “bet the company” situations where it is particularly important for regulators to understand that the investigation is being led by a team equally familiar with prevailing in billion dollar matters from both sides of the “v”.
Appointed by the late Judge Lifland of the United States Bankruptcy Court for the Southern District of New York to serve on the Court’s Special Mediation Panel, Mr. Entwistle has both mediated and actively litigated a number of complex bankruptcy matters including representing the Retired Employees Committee in the OMC Bankruptcy, equity holders in the American Bank Note Bankruptcy, the State of Florida in connection with the Enron Bankruptcy, acting as special litigation counsel in connection with the Global Crossing Bankruptcy, and representing investors in connection with the MF Global, Refco, Lehman, and BMIS bankruptcies.
Mr. Entwistle is proud to have received the 2013 Learned Hand Award from the American Jewish Committee, the Knute Rockne Award from Hannah & Friends where he continues to serve on the board of directors, the 2016 Vision Of Hope Award form Boys Hope Girls Hope where he also serves on the board and the 2003 Man of the Year Award from the Catholic Big Brothers for Boys and Girls after more than a decade of service on the Board of that organization–including founding Sports Buddies New York, a partnership between the youth of New York City and athletes from the New York region’s professional sports teams. Mr. Entwistle has also received special commendations from the President of the United States, the Governors of the States of Georgia and Hawaii, and the New York State Assembly.  In addition to the above, Mr. Entwistle is now or has previously acted as a director on several corporate, advisory and charitable boards. In addition to membership in the Federal Bar Council and various city, county, state and national bar associations, Mr. Entwistle is a member of the National Association of Public Pension Funds Attorneys and is an Educational Sustainer of the Council of Institutional Investors.
Mr. Entwistle has been named to the Martindale-Hubbell Bar Register of Preeminent Lawyers, the Order of International Fellowship, Who’s Who In The World, Who’s Who In America, Who’s Who In The East, Who’s Who In American Law, Who’s Who In Practicing Attorneys, Who’s Who In Emerging Leaders In America and Who’s Who In Finance and Industry, and as a New York “Super Lawyer”. The International Biographical Centre of Cambridge, England named Mr. Entwistle as its International Legal Professional of the Year for 2004 and inducted him into the Centre’s International Order of Merit.
Mr. Entwistle acts as Northeast Regional Editor for the Defense Research Institute publication The Business Suit (from 1998-present), is a member of various bar and business associations and he has lectured extensively on a variety of general business law, litigation, securities, antitrust, bankruptcy and trial issues including, by way of example only: acting as a panelist on the Sarbanes-Oxley Panel at the Federal Bar Council’s 2003 Annual Winter Bench and Bar Conference; as a panelist on both the Class Action Litigation and Cross Border Issues Panels at the Federal Bar Council’s 2005 Conference; acting as a panelist on the Supreme Court Review Panel at the Federal Bar Council’s 2008 Conference; acting as a panelist for the American Bar Association’s conference entitled “Implied Repeals of the Antitrust Laws: How Far Are the Courts Willing to Go?”; and co-chairing a New York State Bar Association Panel on Alternative Dispute Resolution for the Trial Practice Committee of the State Bar’s Commercial and Federal Litigation Section. Mr. Entwistle is frequently interviewed by journalists, including interviews on CNN and CNBC on developing legal and business issues of the day; by the Wall Street Journal and New York Times; and by the Insider Exclusive about topics including the Bernard Madoff Scandal, Wall Street’s Meltdown, the American Financial System, and the Fight to Save Tator’s Dodge.  In 2005 the Texas State Bar Association asked Mr. Entwistle to videotape a talk on disaster-related issues to assist lawyers and other professionals in the wake of Hurricane Katrina. The videotape also received broad distribution by the State of Mississippi and State of Texas Governors’ offices.
Mr. Entwistle is also the author of numerous articles and publications on various legal and business topics, including:
“American Pipe’s Rule Tolling the Statute of Limitations Does Not Apply to the Three-Year Statute of Repose in the Securities Act”; “Non-Party Class Members Are Not Permitted To Intervene and Use the ‘Relation-Back’ Doctrine of Rule 15(c) To Revive Claims Already Extinguished by Expiration of the Statute of Repose”; and “Bankruptcy Code § 546(e) Exempts from Avoidance Transfers Made to or for the Benefit of a Financial Institution in Connection with a Securities Contract, Even if the Transferee Is an Intermediary Conduit”, The Business Suit, DRI, August 2013;
“Piercing the Corporate Veil and Indemnification Claims Are Not Mutually Exclusive”; and “Allegation That a Party Entered into an Agreement with No Intent to Fulfill Its Contractual Obligations Does Not Negate The Agreement’s Arbitration Clause”, The Business Suit, DRI, April 2013;
“Second Circuit Vacates Judgment of the United States District Court for the District of Connecticut Dismissing a Breach of Contract Action for Improper Venue Based upon a Forum Selection Clause”; and “Second Circuit Construes the Meaning Of ‘Customers’ Under FINRA Arbitration Code “, The Business Suit, DRI, March 2012;
“Revisiting Discovery ‘Best Practices’ and Penalties”, For The Defense, DRI, August 2010;
“Unconscionable Terms Can Be Waived in Arbitration Agreement”, The Business Suit, DRI, June 2010;
“Computer Hacker Can Be Sued for Securities Fraud, Second Circuit Rules”; and “New York Appellate Court Reinstates Complaint Based on Adverse Interest Exception to In Pari Delicto Doctrine”, The Business Suit, DRI, January 4, 2010;
“Broad Arbitration Agreement Authorizes Arbitrator to Sanction A Party’s Bad Faith Conduct; Absent Class Members Not Entitled Full Access to Attorney’s Files”; and “Intentional Spoliation of Evidence May Form Basis for Fraud Claims”, The Business Suit, DRI, August 25, 2009;
“Affiant’s ‘To My Knowledge’ Statement Sufficient to Defeat Summary Judgment”; and “Class Action Waiver Clause in Arbitration Agreement is Unenforceable”, The Business Suit, DRI, April 13, 2009;
“‘Staehr’” Hikes Burden of Proof to Place Investor on Inquiry Notice”, New York Law Journal, December 15, 2008;
“Potential Securities Fraud: ‘Storm Warnings’ Clarified”, New York Law Journal, October 23, 2008;
“‘Wagoner’ In Pari Delicto Defenses Aid Outside Auditors”, New York Law Journal, August 29, 2008;
“Second Circuit Clarifies Pleading Requirements for Scienter in Securities Fraud Class Actions”; and “No Forum Shopping in Insurance Dispute, Second Circuit Says; New York Sets Aside Verdict Imposing Alter Ego Liability”, The Business Suit, DRI, August 11, 2008;
“Long-Arm Statute Does Not Confer Jurisdiction on Foreign Libel Litigant”; and “Crime-Fraud Exception Pierces Attorney-Client Privilege; New York May Seek Own Separate Arbitration”, The Business Suit, DRI, May 16, 2008;
“Approaches to Asset Recovery For Pension Fund Subprime Exposure”, The NAPPA Report, February 2008;
“Injunction Against NHL’s Transfer of Website Denied”; and “Republic of Congo’s Oil Company Immune from RICO Charges; Discovery of Anonymous Bloggers Denied”, The Business Suit, DRI, December 20, 2007;
“Ex Parte Communications with Former Employee May Not Merit Disqualification”; and “Accounting Firm Not Subject to Federal Jurisdiction; Statements Made by Employer Privileged”, The Business Suit, DRI, September 6, 2007;
“Accounting Firm Has Affirmative Duty; New York’s Highest Court Rejects Insured’s Single-Occurrence Theory”, The Business Suit, DRI, May 2, 2007;
“Imputation Doctrine No Longer Protects Auditors”, The Business Suit, DRI, August 2006;
“Merchant Lacks Standing to Assert Antitrust Claims Against Credit Card Companies for Chargeback Fees”, The Business Suit, DRI, December 22, 2006;
“Thompson Memorandum’s Attorneys’ Fees Provision Held Unconstitutional”, The Business Suit, DRI, August 2006;
“Beer Supplier and Distributor Must Arbitrate Dispute Despite New York Law to the Contrary”, The Business Suit, DRI, January 5, 2006;
“Corporate Exposure and Employment Practices Liability”, Mealey’s Reinsurance Conference, November 2000;
“Distinguishing Valid Fraud Claims From Trumped Up Breach of Contract Actions”, The Business Suit, DRI, Winter 2000;
“New York Clarifies Its ‘Borrowing Statute’, New Jersey’s ‘New Business’ Rule Declared Alive and Well, Second Circuit Finds Former Corporate Executives Entitled to Fifth Amendment Privilege”, The Business Suit, DRI, January 2000;
“The Fine Line Between An Auditor’s Recklessness and Intent to Deceive”, The Business Suit, DRI, Summer 1999;
“What a Web We Weave . . . Jurisdiction in Web-Related Litigation”, The Business Suit, DRI, Winter 1998;
“Red Light, Green Light, 1-2-3: Stop and Go Traffic on the Information Superhighway”, The Business Suit, DRI, Winter 1998;
“Due Deference — The Supreme Court Confirms the Post-Daubert Discretion of the Trial Judge as the ‘Gatekeeper’”, The Business Suit, DRI, Winter 1998;
“The Inevitable Disclosure Doctrine and the Economic Espionage Act: Emerging Weapons In the Battle to Protect Trade Secrets from Theft and Misappropriation”, The Business Suit, DRI, Spring 1998;
“Covenants Not to Compete and the Duty of Loyalty”, (DRI Spring 1997 Conference Chicago);
“New York Business Law Update 1997”, (New York State Society of CPA’s);
“New York Business Law Update 1998”, (New York State Society of CPA’s);
“Excess Insurers Late Notice and Prejudice, American Home Puts The Issue to Rest”, New York Law Journal, July 1993; and
“Managing the Risks of Accounting Liability, A Legal Perspective”, New York Society of CPA’s, 1993, 1995, 1997 and 1998.

• Texas Bar College

• Martindale Hubbell
Bar Register of Preeminent Lawyers

• AVVO
Top-Rated Lawyer

• Order of International Fellowship

• Who’s Who in the World

• Who’s Who in America

• Who’s Who in the East

• Who’s Who in American Law

• Who’s Who in Practicing Attorneys

• Who’s Who in Emerging Leaders in America

• Who’s Who in Finance and Industry

•Super Lawyer

Education
  • University of Notre Dame, B.A.
  • Syracuse University, J.D.
Bar Admissions
  • New York
  • New Jersey
  • Illinois
  • Texas
  • Colorado
  • District of Columbia
  • Pennsylvania

Vincent R. Cappucci Senior Partner,
Chair of Securities Litigation Department
Vincent R. Cappucci
Senior Partner,
Chair of Securities Litigation Department

Vincent R. Cappucci is a founding partner of the Firm and is head of its securities litigation practice. Throughout the years, Mr. Cappucci has served as lead counsel in many high-profile securities class actions, corporate transaction related litigation, derivative and other complex litigation, representing the nation’s most prominent investment advisory firms, mutual funds, hedge funds, public pension systems and other institutional investors. He has a distinguished record of success in securities litigation and “bet-the-company” cases, which have resulted in recoveries in the billions of dollars.

His experience includes a multitude of complex trials, arguments in numerous state and federal appellate courts, appeals to the U.S. Supreme Court, and mediation and dispute resolution. Mr. Cappucci has been named to the Martindale-Hubbell Bar Register of Preeminent Lawyers, for his expertise in securities litigation. Mr. Cappucci appeared in Avenue Magazine’s “Legal Elite” list of top litigation attorneys in New York City. Mr. Cappucci is also a Fellow of the Litigation Counsel of America, a highly selective honorary society for members of the American Bar who have demonstrated excellence and accomplishment in trial and appellate advocacy.

Mr. Cappucci has repeatedly been named in Best Lawyers, The Best Lawyers in America, New York Magazine’s New York’s Top Attorneys and Super Lawyers. In 2022, Mr. Cappucci was again named among America’s Top 100 High Stakes Litigators, a highly exclusive and elite honor reserved for the nation’s most accomplished trial lawyers who have achieved significant results in high value, high stakes legal matters.  In recent years, Mr. Cappucci has represented investors in prominent litigation in connection with domestic and international merger transactions by companies including:  Aegion Corporation, Air Methods Corporation, Akorn, Inc., Dole Food Company, Inc., Federal Mogul Holdings LLC, Foundation Building Materials, Inc., International Speedway Corporation, Jardine Strategic Holdings Limited, LogMeIn, Inc., Mindbody, Inc., Nord Anglia Education, Inc., Pandora Media, LLC, Pattern Energy Group Inc., Pluralsight, Inc. and Starz.

Mr. Cappucci received his undergraduate degree from Fordham University with a B.S. in Accounting and his law degree from Fordham University School of Law. In 2007, he was named a Fordham Law School Centennial Founder, served as past Chair of the Law Advisory Committee, and currently is a member of the Dean’s Planning Council.  In 2013, Mr. Cappucci became a member of the Board of Trustees of Fordham University.

Mr. Cappucci has lectured before associations of the bar and various professional organizations, providing expert commentary on a wide range of securities markets and corporate governance issues. He has served as a faculty member of the National Conference on Corporate Governance and Equity Offerings sponsored by the UCLA Anderson School of Management and University of California Rady School of Management. He has also addressed legal practitioners and financial professionals before the National Association of Public Pension Fund Attorneys, Council of Institutional Investors and The American Conference Institute (Trying and Defending Securities Class Actions), and before International Institutional Investors on Corporate Governance and Shareholder litigation matters at annual conferences of the International Corporate Governance Network (“ICGN”), where he also served on the Committee on Executive Remuneration.

Mr. Cappucci is the author of numerous articles appearing in a host of publications, including: “Revlon’s Shareholder Protections May Be Purely Cosmetic,” Law360, February 2015; “Seeking Subprime Solutions: Fed Action, Legislation and Litigation Address the Subprime Mess,” The 2007 Global Securitization Guide, May 2008; “Legislative and Regulatory Developments in U.S. Securitizations, The 2007 Global Securitization Guide, (May 2007); “Pay, Performance and Proxies: The Latest in Executive Compensation,” Institutional Investor Fund Management Legal & Regulatory Report, March 2007; “Shareholder Activism and the Use of Litigation to Accomplish Investment Goals,” Institutional Investor Fund Management Legal & Regulatory Report, April 2006; “Corporate Governance: 2005 in Review,” Institutional Investor, 2005 Compliance Report; “Securities Class Actions: Settlements,” The Review of Securities & Commodities Regulation, October 2003; “Hot Topics in Advertising Law: Investor Fraud,” The Association of The Bar of the City of New York, October 22, 2003; “Did I Really Say That? The Truth Behind the DaimlerChrysler Merger,” NAPPA Report, November 2003; “Beyond the Sarbanes-Oxley Bill: Additional Measures to Increase Corporate Accountability and Transparency,” NAPPA Report, September 2002; “Casino Law Is Consistent With Equal Protection,” New York Law Journal, March 20, 2002; “Misreading ‘Gustafson’ Could Eliminate Liability Under Section 11,” New York Law Journal, September 22, 1997; “Liability for Excessive Executive Compensation,” The Corporate Governance Advisor, March/April 1997; “Must Reliance Be Proven To Certify A Class?,” New York Law Journal, August 30, 1996; “Class Action Lawsuits and Securities Fraud: A Plaintiff Lawyer’s View of the Litigation Reform Act,” Securities Industry News, October 7, 1996; and, “Conflicts Between Rule 23 And Securities Reform Act,” New York Law Journal, April 2, 1996.

In addition to membership in various State and National Bar Associations, Mr. Cappucci currently sits on the Second Circuit Courts Committee of the Federal Bar Council and is a member of the New York State Bar Association, the American Bar Association, the Association of Trial Lawyers of America and is a member of the American Bar Association Section on Antitrust Law. Mr. Cappucci is also a State Co-Chair of the United States Supreme Court Historical Society.

Mr. Cappucci is a member of the Board of Trustees of the Gregorian University Foundation, which oversees funding for a consortium of three Jesuit institutes of higher learning in Rome, originally founded in 1551. In November, 2011 Mr. Cappucci was elected to the Board of Governors of the Columbus Citizens Foundation, which through its charitable works has disbursed millions of dollars in scholarships and grants supporting the educational goals of deserving young students nationally. He now serves on the Advisory Board to that Foundation. In January 2018, Mr. Cappucci joined the Board of the White Plains Hospital Foundation, which supports the fundraising and advocacy efforts of White Plains Hospital and ensures success in raising funds to support the institution’s most critical needs.

Professional Associations

Federal Bar Council
New York State Bar Association
National Association of Securities Class Action Attorneys
Association of the Bar of the City of New York
American Bar Association
Association of Trial Lawyers of America
Fordham University School of Law: Dean’s Law Advisory Committee and Law School Planning Committee

Education
  • Fordham University, B.S.
  • Fordham University, J.D.
Bar Admissions
  • New York

Jonathan H. Beemer Partner
Jonathan H. Beemer
Partner

Jonathan H. Beemer is a partner whose practice is focused on the litigation of complex securities and commercial matters.

Jonathan H. Beemer concentrates his practice on securities litigation and complex commercial disputes. Mr. Beemer has represented both underwriters and institutional investors in direct and class actions in federal and state courts. He has also represented parties in bankruptcy-related litigation, and litigation involving antitrust, the False Claims Act and civil RICO claims.

Mr. Beemer has co-authored the following articles:  “‘Wagoner’ In Pari Delicto Defenses Aid Outside Auditors,” New York Law Journal, August 29, 2008; and “Approaches to Asset Recovery For Pension Fund Subprime Exposure,” The NAPPA Report, February 2008.

Mr. Beemer graduated from Oberlin College with a B.A. in History. He received his J.D. from Brooklyn Law School, where he was the managing editor of the law review. Mr. Beemer served as a law clerk to the Honorable Marilyn Dolan Go, United States Magistrate Judge for the Eastern District of New York.

Education
  • Oberlin College, B.A.
  • Brooklyn Law School, J.D.
Bar Admissions
  • New York
Paul R. Bradshaw Of Counsel
Paul R. Bradshaw
Of Counsel

Mr. Bradshaw previously served as an attorney for the Florida Department of Community Affairs. Under the administration of Governor Bob Martinez, he acted as staff counsel to the Governor and Cabinet on environmental issues. He headed the state division charged with implementing Florida’s landmark growth management legislation. He then advanced to Chief Cabinet Aide to Governor Martinez and Director of Florida’s Office of Planning and Budgeting, serving as such until he left state government to enter private practice. Mr. Bradshaw has extensive experience in handling regulatory and administrative matters in both state agencies and the courts, as well as in monitoring and tracking legislation and in preparing legislative and political strategies for clients. Mr. Bradshaw graduated from East Carolina University and attended Florida State University College of Law, where he served as an editor of the law review and graduated with honors.

Practices
Education
  • East Carolina University, B.A.
  • Florida State University, J.D.
Bar Admissions
  • Florida
Robert N. Cappucci Partner
Robert N. Cappucci
Partner

Robert N. Cappucci is a partner in the Firm’s Securities Litigation Department. His practice is concentrated on the representation of institutional investors in complex securities matters. Mr. Cappucci has served as lead counsel in many prominent securities, derivative and corporate transaction-related cases, representing investment advisory firms, hedge funds, public pension systems and other sophisticated institutions. In recent years, he has been instrumental in securing more than $5 billion on behalf of such clients.

Mr. Cappucci’s experience includes involvement in a multitude of complex matters before various federal and state courts, appeals to the U.S. Supreme Court, as well as mediation and dispute resolution in numerous high-profile actions.

He has received an “AV” rating from Martindale-Hubbell, the highest such rating for attorneys, based upon his legal ability and ethical standards. He has also been named to the Martindale-Hubbell Bar Register of Preeminent Lawyers.

Most recently, Mr. Cappucci was selected by Super Lawyers as an outstanding attorney in securities litigation based upon his expertise in the field, reputation among his peers, successful representation of clients and other achievements.

Robert N. Cappucci, a partner of the Firm, received his undergraduate degree from Fordham University, graduating cum laude and in cursu honorum. He received his law degree from Fordham University School of Law, where he was Articles Editor of the Fordham International Law Journal. Mr. Cappucci is also the author of Amending the Treatment of Defense Production Enterprises Under the U.S. Exon-Florio Provision: A Move Toward Protectionism or Globalism?, 16 Fordham Int’l L.J. 652 (1993), which addresses international mergers and acquisitions, discusses the United States Treasury’s Committee on Foreign Investment in the U.S. (CFIUS) and has been cited by the Federal Communications Law Journal in Too Much Power, Too Little Restraint: How the F.C.C. Expands Its Reach Through Unenforceable and Unwieldy “Voluntary” Agreements, 53 Fed. Comm. L.J. 49, 51 (2000). Mr. Cappucci concentrates his practice in the area of securities litigation and supervises the Firm’s client reporting program. He has particular expertise in issues impacting the Firm’s hedge fund and institutional trading firm client base.

Mr. Cappucci’s recent litigation successes include: serving as a member of Co-Lead Counsel in In re Tremont Securities Law, State Law and Insurance Litigation, Case No. 1:08-cv-11117 (S.D.N.Y.) (resulting in the distribution of proceeds based upon a $2.9 billion claim in the Bernard L. Madoff Investment Securities (“BLMIS”) bankruptcy and recovery of more than $100 million in additional settlements); and acting as a member of Co-Lead Counsel in Paul Shapiro v. J.P. Morgan Chase & Co., Case Nos. 11 Civ. 8331 (CM)(MHD) and 11 Civ. 7961 (CM) (S.D.N.Y) (resulting in the settlement of class, clawback and regulatory claims worth $2.243 billion). Mr. Cappucci was also one of a handful of attorneys granted access to Bernard Madoff post-sentencing, at which time Mr. Cappucci personally interviewed Madoff in order to obtain further admissions regarding the BLMIS Ponzi scheme. Most recently, in In re Allergan, Inc. Proxy Violation Securities Litigation, Case No. 8:14-cv-02004-DOC-KES (C.D. Cal.), Mr. Cappucci was instrumental in securing a $40 million settlement from Valeant Pharmaceuticals International, Inc., Pershing Square Capital Management, L.P. and related defendants on behalf of investors in Allergan derivative instruments that were damaged by the defendants’ alleged insider trading scheme.

Mr. Cappucci is a member of the Commercial and Federal Litigation Sections of the New York State Bar Association and a member of the American Bar Association, Federal Bar Council, Association of the Bar of the City of New York and Association of Trial Lawyers of America.

Before entering private practice, Mr. Cappucci interned with the Honorable John E. Sprizzo, United States District Court, Southern District of New York.

 

Education
  • Fordham University, B.A., cum laude, in cursu honorum
  • Fordham University, J.D.
Bar Admissions
  • New York
  • New Jersey
  • Texas

 

Arthur V. Nealon Partner
Arthur V. Nealon
Partner

Arthur V. Nealon, a former state and federal prosecutor, focuses his practice on the litigation of complex commercial, securities and white-collar criminal matters.

Arthur V. Nealon concentrates his practice on the resolution of commercial, securities, employment and white-collar criminal matters. He has represented corporations, partnerships and individuals in federal and state courts and in arbitration proceedings at the AAA, NYSE and NASD/FINRA. A graduate of Columbia College and Columbia Law School, Mr. Nealon served as an Assistant to the United States Special Prosecutor and an Assistant District Attorney for New York County.

He has represented plaintiffs and defendants in securities, accounting and employment litigation, arbitration and mediation proceedings. Mr. Nealon has defended professional malpractice claims against attorneys, physicians and accountants and defended individuals accused of securities and financial crimes in federal and state court.

Concluding in 2020, Mr. Nealon co-led a team that successfully prosecuted derivative and class claims on behalf of investors injured in connection with the fraudulent investment schemes of Bernard L. Madoff and others, and successfully defended settlement of the claims on appeal to the United States Court of Appeals.

In 2008-11, he co-led a team that successfully settled derivative claims on behalf of a liquidated Bear Stearns investment fund. In 2004 – 2009, he co-led a team that successfully prosecuted and settled hundred-million dollar claims arising out to the bankruptcy of Global Crossing, Ltd.

He is a member of the New York City Bar Association’s “Committee on the Judiciary.” The Committee on the Judiciary evaluates candidates for election and appointment to judicial office in the Federal and State Courts in New York City. The Committee has been in existence for over 140 years, and seeks to ensure that candidates meet appropriate standards of professional competence and integrity, and are selected based on merit standard.  He is also a member of the American Bar Association (Section of Litigation), DC Bar Association and the Federal Bar Council.

Mr. Nealon has tried cases to verdict before courts and juries in the United States District Courts for the Southern and Eastern Districts of New York and the Southern District of Illinois and the New York State Supreme Court for New York and Nassau Counties. He has briefed appeals before the United States Courts of Appeals for the Second and Seventh Circuits, the New York Court of Appeals and the Appellate Divisions for the First and Second Judicial Departments.

His clients have included investment firms, attorneys, physicians, accountants and major league baseball players.

Martindale-Hubbell for over 20 years has consistently awarded Mr. Nealon its highest ranking, signifying that his “legal abilities are of the very highest standard.” The American Registry has recognized him as one of “America’s Most Honored Lawyers..

Mr. Nealon resides in Manhattan and East Hampton, New York. His wife, Margaret Price Nealon, a published author, is a member of Community Board 8 in Manhattan and is Co-Chair of the Women and Families Committee.

 

Professional Associations:

  • American Bar Association
  • Association of the Bar of the City of New York (Committees: Judiciary, currently; State Courts of Superior Jurisdiction, 1990-93; Military Justice and Military Affairs, 1985-88)
  • D.C. Bar Association
  • Federal Bar Council
  • Texas State Bar

 

Education
  • Columbia University, B.A
  • Columbia University, J.D.
Bar Admissions
  • New York
  • Texas
Court Admissions
  • U.S Supreme Court
  • U.S. Courts of Appeal for the 2nd, 7th and D.C. Courts.
  • U.S. District Courts: S.D.N.Y., E.D.N.Y., C.D. Ill., M.D. Tenn.
Joshua K. Porter Partner
Joshua K. Porter
Partner

Joshua K. Porter has represented financial institutions, broker-dealers, underwriters, investors and individuals in civil and white-collar matters in federal and state courts. He has also represented parties in bankruptcy litigations and proceedings before self-regulating organizations, and in litigation involving ERISA and the Foreign Corrupt Practices Act.

Education
  • Boston College, B.A.
  • University of Denver Sturm College of Law, J.D.
Bar Admission
  • New York
Andrew M. Sher Partner
Andrew M. Sher
Partner

Andrew Sher represents institutional and individual investors in connection with appraisal proceedings, securities litigation and complex commercial disputes.

Andrew Sher concentrates his practice on securities litigation and complex commercial disputes.  Mr. Sher has represented investors in securities and antitrust class actions in federal courts, as well as in shareholder appraisal proceedings in Delaware and other jurisdictions.  Mr. Sher’s work primarily involves legal research and drafting complaints, letters and motions.  Mr. Sher also has extensive experience handling all aspects of discovery, including deposing senior executives at large public companies.  During his time at E&C, Mr. Sher has been a key participant in In re Cobalt International Energy, Inc. Securities Litigation and In re Akorn, Inc. Data Integrity Securities Litigation, among others.

Mr. Sher graduated from the University of Missouri with a B.S. in finance, magna cum laude, and received his J.D. from the Benjamin N. Cardozo School of Law, cum laude.  During law school, Mr. Sher served as an Articles Editor for the Cardozo Journal of Conflict Resolution.  While obtaining his law degree, Mr. Sher interned for the litigation counsel of a Fortune 500 company, as well as both federal and state administrative agencies.  Prior to joining E&C, Mr. Sher worked as a consultant assisting a global financial institution comply with regulatory requirements.

 

Education
  • University of Missouri, B.S.
  • Benjamin N. Cardozo School of Law, J.D.
Bar Admission
  • New York
Brendan J. Brodeur Partner
Brendan J. Brodeur
Partner

Brendan J. Brodeur’s practice includes a range of securities and complex commercial litigation matters involving allegations of fraud, deceptive business practices, and breach of contract. In addition to prosecuting claims on behalf of institutional investors, he advises and defends financial services and biotechnology firms in response to governmental investigations of suspected violations of securities laws.

After earning a B.A. in Biology from Tufts University College of Arts and Sciences, Mr. Brodeur spent two years developing vaccines at a not-for- profit biomedical research institute. He then earned a J.D. cum laude from Northwestern University School of Law, where he was a Senior Articles Editor for the Journal of Criminal Law and Criminology. Prior to joining E&C, Mr. Brodeur worked for five years as a litigation associate at Skadden, Arps, Slate, Meagher & Flom LLP.

Practices
Education
  •  Northwestern University School of Law, J.D., cum laude
  • Tufts University College of Arts and Sciences, B.A.
Bar Admissions
  • New York
  • Massachusetts
Jessica Margulis Associate
Jessica Margulis
Associate

Ms. Margulis represents institutional investors in connection with securities litigation, appraisal proceedings, and complex commercial disputes.

Jessica Margulis represents institutional investors in connection with securities litigation, appraisal proceedings, and complex commercial disputes.  She received her J.D. from Fordham University School of Law and graduated from Washington University in St. Louis with a B.A. in English Literature.  During law school, Ms. Margulis served as a Notes and Articles Editor for the Fordham Intellectual Property, Media, and Entertainment Law Journal.

 

 

Practices
Education
  • Fordham University School of Law, J.D.
  • Washington University in St. Louis, B.A.
Bar Admissions
  • New Jersey
  • New York
  • Texas
Rhonda S. Leonard Of Counsel
Rhonda S. Leonard
Of Counsel

Ms. Leonard has been a commercial litigator for over 30 years representing both domestic and international clients in matters such as: products liability (representing domestic and foreign manufacturers), real estate development and limited partnerships, (managers and investors), hedge funds (employment and transactional agreements as well as NASD arbitrations) and general transactional matters.  Ms. Leonard has worked with E&C on several class action securities matters, including MF Global and Forex. Her past employment includes working at the law firms of Herzfeld & Rubin PC; Leader & Berkon, LLP; Anderson Kill & Olick; and Darger, Errante, Yavitz & Blau, LLP. Ms. Leonard graduated from the State University of New York at Albany with honors, and Touro College Jacob Fuchsberg School of Law with honors, where she was also an editor of the Law Review.

Practices
Education
  • State University of New York, Albany, B.S.  
  • Touro College, Jacob Fuchsberg School of Law, J.D.
Bar Admissions
  • New York (State and Federal Courts)
  • Washington, D.C.
Callie Crispin Associate
Callie Crispin
Associate

Callie Crispin represents institutional investors in connection with securities litigation and complex commercial disputes.

Callie Crispin represents institutional investors in connection with securities litigation and complex commercial disputes. Callie received her J.D. from the University of Texas School of Law. During law school, Callie served as the Managing Editor of the Texas Journal on Civil Liberties & Civil Rights, was active on the Interscholastic Mock Trial Team, and graduated with pro-bono honors.  Callie also received her undergraduate degree from the University of Texas at Austin, where she graduated with honors and special honors.

Practices
Education

University of Texas School of Law, J.D.

University of Texas at Austin, B.A.

Bar Admission

Texas

Sal H. Lee Associate
Sal H. Lee
Associate

Sal Lee represents institutional investors in connection with securities litigation and general corporate and commercial litigation.

Sal Lee represents institutional investors in connection with securities litigation and general corporate and commercial litigation. Prior to joining E&C, she served as a law clerk to the Honorable Mary Tabor and the Honorable Gina Badding of the Iowa Court of Appeals.  She received her J.D. from the University of Iowa College of Law and graduated from the University of Iowa with a B.A. in Political Science and Ethics and Public Policy. During law school, Ms. Lee served as a Managing Editor for the Iowa Law Review and was a Board Member of the Iowa Student Bar Association.

Practices
Education
  • University of Iowa College of Law, J.D.
  • University of Iowa, B.A.
Bar Admissions
  • Iowa
  • Texas