Jeanne D’Esposito has a varied practice in complex commercial litigation with a focus on federal securities, antitrust, employment and consumer law. A graduate of the University of Pennsylvania Law School, Ms. D’Esposito joined Lowey Dannenberg in 1994. Prior to joining the firm, she was a litigation associate with Dewey Ballantine, where her practice focused on federal banking and securities litigation.
Ms. D'Esposito has extensive experience prosecuting large scale securities fraud litigation, including multidistrict class action litigation, on behalf of investors in U.S. and foreign companies. Ms. D’Esposito was appointed lead counsel in In re Philip Services Corp. Sec. Litig., 98 CV 835 (S.D.N.Y). In In re Philip Services, she achieved a settlement of $79.75 million dollars in 2008 on behalf of her clients and an investor class and secured a landmark decision from the United States Court of Appeals for the Second Circuit protecting the rights of United States citizens to sue foreign companies who fraudulently sell their securities in the United States. DiRienzo v. Philip Services Corp., 294 F.3d 21 (2d Cir.), cert. denied, 123 S. Ct. 556 (2002).
Ms. D’Esposito was a part of the team that prosecuted the class action in In re Juniper Networks Sec. Litig., No. C-06-04327 JW (N.D. Cal.) which involved a $900 million financial restatement resulting from the concealed backdating of millions of stock options. In 2010 the Court approved a $169,000,000 settlement with Juniper and certain officers and directors, and a $500,000 settlement with Ernst & Young LLP, the company’s auditors. The recovery was the third largest among the dozens of litigations involving options backdating and the Hon. James Ware deemed the settlement an "excellent result."
Ms. D’Esposito was also part of the team that recently secured a $219 million settlement of Madoff feeder-fund litigation in In re Beacon Assoc. Litig., 09 Civ. 0777 (S.D.N.Y.), and In re J.P. Jeanneret Assoc. Litig., 09 Civ. 3907 (S.D.N.Y.). The settlement covers several additional lawsuits in Federal and New York state court, including suits brought by the United States Secretary of Labor and the New York Attorney General. Ms. D’Esposito was instrumental in securing a decision by the Hon. Leonard Sand granting class certification notwithstanding that the Madoff-related feeder funds were not traded in an efficient market and thus not entitled to a presumption of reliance under the fraud on the market theory. In re Beacon Assoc. Litig., 282 F.R.D. 315, 322 (S.D.N.Y. 2012).
Ms. D’Esposito was also primarily responsible for the prosecution of the In re Kidder Peabody Securities Litigation in which she secured a settlement of $19 million and established precedent for holding a subsidiary liable for misrepresentations communicated to the marketplace through a parent corporation. In re Kidder Peabody Sec. Litig., 10 F.Supp.2d 398 (S.D.N.Y 1998). Ms. D’Esposito’s successful prosecution of Langner v. Brown, 913 F. Supp. 260 (S.D.N.Y. 1996) established precedent for an implied right of private cause of action for violations of Section 10 (a) of the Investment Company Act of 1940.
In the field of employment litigation, Ms. D’Esposito has successfully prosecuted claims against national retail chains regarding wage and hour violations, including a recent settlement with a national drugstore chain on behalf of a group of employees who were forced to perform off-the-clock work. See also Turner v. Best Buy Co. Inc., Case No. 08-cv-1024 (E.D.N.Y) (settlement of $902,410 and agreement to change practices) and Hall v. Best Buy Co., Inc., 274 F.R.D. 154 (E.D. Pa. 2011) (settlement of $907,566).
Ms. D’Esposito has extensive experience in consumer litigation as well and is currently prosecuting several consumer class actions in various federal courts challenging force-placed insurance practices of mortgage lenders and servicers. See e.g., Montanez v. HSBC Mortgage Corp. (USA) et al., 2:11-cv-04074 (E.D. Pa.); Lyons v. Litton Loan Servicing L.P. et al., 1:13-cv-00513-ALC-HBP (S.D.N.Y.); and Simpkins v. Wells Fargo Bank, N.A. et al., 3:12-cv-00768 (S.D. Ill.). Ms. D’Esposito recently obtained a $4 million settlement on behalf of clients in a complex landlord-tenant class action (In re Archstone Westbury Tenant Litig., Index No. 21135/07 (Sup. Ct., Nassau Co.)) and in the course of that litigation secured important judicial decisions establishing the basis for remand under a rare exemption to the Class Action Fairness Act (Sorrentino v. ASN Roosevelt Center LLC, 579 F.Supp.2d 387 (E.D.N.Y. 2008)) and the first decision recognizing claims for medical monitoring under New York law. Sorrentino v. ASN Roosevelt Center LLC, 584 F.Supp.2d 529, (E.D.N.Y. 2008). Ms. D’Esposito was also instrumental in securing $22.8 million in settlement of consumer fraud claims in Broder v. MBNA Corp., No. 605153/98 (Sup. Ct., N.Y. Co.).
Ms. D’Esposito’s other reported decisions include: Sorrentino v. ASN Roosevelt Center, LLC, 588 F.Supp.2d 350 (E.D.N.Y. 2008); Ventimiglia v. Tishman Speyer Archstone-Smith Westbury, L.P., 588 F.Supp.2d 329 (E.D.N.Y. 2008); In re Philip Services Corp. Sec. Litig., 383 F.Supp.2d 463 (S.D.N.Y 2004); In re Cardizem CD Antitrust Litig,, 332 F.3d 896 (6th Cir. 2003); In re CINAR Corp. Sec. Litig., 186 F.Supp.2d 279 (E.D.N.Y 2002); In re Kidder Peabody Sec. Litig. 168 F.R.D. 459 (S.D.N.Y. 1996); Chase Manhattan Bank, N.A. v. Lassiter, 1993 WL 277220 (S.D.N.Y. 1993).
Ms. D’Esposito received her J.D. from the University of Pennsylvania Law School and graduated summa cum laude from St John’s University with a Bachelor of Science degree. Ms. D’Esposito is admitted to the New York State bar and is a member of the bars of the United States District Courts for the Eastern and Southern Districts of New York.