DOROTHY J. SPENNER joined the firm in 2005 and is a partner in the New York litigation group. Her practice includes representing financial institutions and related individuals in securities litigations and regulatory enforcement proceedings, as well as representing various companies in all aspects of complex commercial litigation. She has represented clients in federal courts, state courts, and arbitral forums, as well as in investigations by the SEC, the FINRA, and the NYSE.
Representative engagements (and selected reported decisions) include:
- Representation of JPMorgan Chase & Co. and affiliated entities and individuals in individual and putative class actions alleging misrepresentations and omissions in connection with offerings of mortgage-backed and asset-backed pass-through certificates. (Motion to dismiss granted in part, Plumbers’ & Pipefitters’ Local #562 Supplemental Plan & Trust v. J.P. Morgan Acceptance Corp. I, 2011 WL 6182121 (E.D.N.Y. Dec. 13, 2011); Motion to dismiss granted in part, Employees’ Ret. Sys. of the Gov’t of the Virgin Islands v. J.P. Morgan Chase & Co., 2011 WL 1796426 (S.D.N.Y. May 10, 2011) (Amended Opinion and Order).)
- Representation of CNO Financial Group, Inc. and its officers and directors in putative class action alleging violations of the Securities Exchange Act of 1934. (Motion to dismiss granted, Plumbers and Pipefitters Local Union No. 719 Pension Trust Fund v. Conseco Inc., 2011 WL 1198712 (S.D.N.Y. Mar. 30, 2011).)
- Representation of Eli Lilly, Novo Nordisk, and Ingersoll-Rand affiliates in federal action brought by the Republic of Iraq alleging RICO and other claims in connection with the United Nations Oil-for-Food Programme. (Motion to dismiss granted.)
- Representation of Bank of America, Citigroup, Deutsche Bank, JPMorgan, UBS, and Wachovia affiliates in putative class action alleging violations of the Securities Act of 1933 in connection with their role as underwriters of a secondary offering of iStar Financial Inc.
- Representation of Merrill Lynch & Co. and UBS in putative class action alleging violations of the Securities Act of 1933 in connection with their role as underwriters of the initial public offering of Giant Interactive Group, Inc.
- Representation of director-defendants in shareholder derivative action brought by shareholders of Duke Energy Corp. (Motion to dismiss granted.)
- Representation of Citigroup affiliates in class action against five groups of banking entities alleging fraud and other claims related to defendants’ practices with respect to brokerage account cash sweep programs. (Motion to dismiss granted, DeBlasio v. Merrill Lynch & Co., Inc., 2009 WL 2242605 (Jul. 27, 2009).)
- Representation of Citigroup affiliates in class action relating to transfers of investment proceeds. (Motion to dismiss granted.)
- Representation of Deutsche Bank Securities Inc. in coordinated class actions alleging violations of the Securities Exchange Act of 1934 and the Securities Act of 1933 in connection with initial public offerings.
- Representation of Fortress Investment Group affiliates in declaratory judgment, injunctive relief, and conversion actions involving control of real estate partnerships.
- Representation of UBS in lawsuit brought by the New York Attorney General concerning nondiscretionary, fee-based brokerage accounts.
- Successful oral argument of motion to dismiss before FINRA arbitration panel.
- Successful defense of investment bank in NYSE investigation.
- Representation of CEO of investment management company in SEC investigation concerning valuation of mortgage-backed securities.
- Internal investigation of investment activities at major financial institution and related representation in investigation by the FINRA.
- Successful defense of investment firm in informal SEC inquiry concerning Rule 105 of Regulation M.
Ms. Spenner has also argued two immigration appeals before the United States Court of Appeals for the Second Circuit.
In 2012, Ms. Spenner was recognized by Legal 500 for her work in litigation. Ms. Spenner was also named to the New York Rising Stars list for 2011-2012 as published in New York Super Lawyers magazine. The Rising Stars list recognizes the top up-and-coming lawyers in the state — those who are 40 years old or younger, or who have been practicing for 10 years or less.