Deborah Clark-Weintraub has extensive experience in all types of class action litigation.
- Representing investors in mortgage-backed securities (MBS) in litigation against trustees of MBS trusts sponsored by Countrywide, WaMu, and Bear Stearns asserting claims for violations of the Trust Indenture Act of 1939 and breach of contract in connection with the trustees’ failures to discharge their statutory and contractual duties under the trusts’ governing agreements to enforce the trusts’ rights to require repurchase of mortgage loans in the trusts that breached representations and warranties
- Representing a certified class of participants and beneficiaries in two 401(k) Plans of General Motors Corporation in an action against State Street Bank and Trust Company, the independent fiduciary and investment manager for the General Motors Corporation $1 2/3 Par Value Common Stock Fund held in the Plans, for violating its fiduciary duty to Plan participants under ERISA in failing to divest the Plans’ holdings of GM stock in the GM Common Stock Fund when it had become an imprudent investment to hold in the Plans
- Representing certified classes in Huyer v. Wells Fargo & Co., No. 4:08–CV–00507 (S.D. Iowa), Ms. Weintraub represents multiple, certified classes of borrowers in an action against Wells Fargo & Co. and Wells Fargo Bank, NA, in an action asserting claims for violation of the Racketeer Influenced & Corrupt Organizations Act and California’s Unfair Competition Law in connection with Wells Fargo’s assessment of charges for repeated property inspection fees to delinquent borrowers
- Co-lead counsel for the certified class of consumers in In re Glaceau Vitaminwater Marketing and Sales Practice Litigation, No. 11–md–2215 (S.D.N.Y.), seeking injunctive relief for violations of California and New York deceptive trade practice statutes in connection with the marketing of Vitaminwater
- Plaintiffs’ co-lead counsel in numerous cases that have obtained substantial recoveries for defrauded investors. Ms. Weintraub was one of the lead counsel in In re Oxford Health Plans, Inc. Securities Litigation, MDL No. 1222 (S.D.N.Y.), in which a cash settlement of $300 million was obtained on the eve of trial after more than five years of litigation. At the time, the $300 million cash recovery was one of the largest recoveries ever achieved in a securities class action
- Plaintiffs’ co-lead counsel in In re CVS Corporation Securities Litigation, No. 01-11464 (D. Mass.), in which a cash settlement of $110 million was obtained for investors. Following the settlement in March 2006, CVS disclosed that the SEC had opened an inquiry into the manner in which CVS had accounted for a barter transaction, a subject of the class action suit, and that independent counsel to the firm’s audit committee had concluded in December 2005 that various aspects of the company’s accounting for the transaction were incorrect, leading to the resignations of the company’s controller and treasurer.
- Member of the Association of the Bar of the City of New York
- Member of the New York Bar
- Hofstra Law School, Hempstead, NY (J.D., with distinction, 1986)
- St. John’s University, Queens, NY (B.A., summa cum laude, 1981)
- President’s Award in recognition of achieving highest GPA among graduates of St. John’s College of Liberal Arts and Science
- Member and research editor of the Hofstra Law Review
- Law clerk to the Honorable Jacob Mishler, United States District Judge for the Eastern District of New York (1986-1987)
- Co-author of Gender Bias and the Treatment of Women as Advocates, Women in Law (1998); and the Dissenting Introduction, defending the merits of securities class action litigation contained in the 1994 monograph Securities Class Actions: Abuses and Remedies, published by the National Legal Center for the Public Interest