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Jeremy S. B. Newman

Associate
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Jeremy Newman has a variety of litigation experience before trial and appellate courts, state and federal, across the country.  Mr. Newman’s law practice has focused on appellate, commercial, product liability, securities, antitrust, telecommunications, insurance, and reinsurance litigation.  Mr. Newman has litigated at the United States Supreme Court, the majority of federal appellate courts and several state appellate courts, and many federal and state trial courts, on behalf of both plaintiffs and defendants.

Prior to joining Kellogg Hansen, Mr. Newman served as a law clerk to the Honorable Michael Boudin on the United States Court of Appeals for the First Circuit.  Mr. Newman graduated magna cum laude from Harvard Law School, where served as Articles Editor and Symposium Chair of the Harvard Law Review.  Before law school, Mr. Newman worked as an investment analyst at a hedge fund in New York.  Mr. Newman graduated with a Bachelor of Arts and Science degree in mathematics and English from Stanford University, where he specialized in theoretical mathematics and Shakespeare studies and was admitted to Phi Beta Kappa.

Noteworthy Representations

Represent more than 500 plaintiffs who allegedly suffered femur fractures after taking the drug Fosamax in lawsuits against Merck.  Successfully obtained reversal in the Third Circuit of trial court MDL ruling that each of plaintiffs’ claims were preempted by federal law.  Represented plaintiffs-respondents on certiorari review by the Supreme Court of the United States.  The Supreme Court remanded and held that the preemption defense required showing that an FDA action taken pursuant to congressionally delegated authority prohibited the defendant from adding an adequate warning under state law.  In re Fosamax (Alendronate Sodium) Products Liability Litigation (3d Cir.) / Merck v. Albrecht (U.S. Supreme Court)

Represented petitioner members of an employee 401(k) plan with claims under ERISA in the Supreme Court of the United States.  Obtained 9-0 ruling that petitioners’ claims were timely, where petitioners alleged and presented evidence that respondents had breached their fiduciary duty to monitor trust investments and remove imprudent investments within the limitations period.  Tibble v. Edison International (U.S. Supreme Court)

Represented plaintiff-respondent at the Supreme Court of the United States in case concerning the application of American Pipe tolling to subsequent class actions.  China Agritech, Inc. v. Resh (U.S. Supreme Court)

Represented National Credit Union Administration, as liquidating agent, in lawsuits against defendants including Credit Suisse and UBS, regarding claims that defendants violated securities laws in conjunction with the issuance of residential mortgage-backed securities. Each case settled before trial. (S.D.N.Y.; D. Kan.; C.D. Cal.)

Represented iHeartCommunications, Inc. in a dispute with noteholders who had issued notices of default to iHeart on more than $6 billion in debt.  Obtained temporary restraining order rescinding the notices of default and, after an expedited trial on the merits, won a declaratory judgment that the indentures governing iHeart’s notes permitted the challenged transaction and also won a permanent injunction rescinding the notices of default.  Obtained affirmance of trial court’s judgment on appeal.  iHeartCommunications, Inc. v. Benefit Street Partners (Tex. Dist. Ct. Bexar Cnty. / Tex. Ct. App. 4th Dist.)

Represent AT&T in litigation in dozens of state and federal jurisdictions regarding billing, collection, and remittance of 911 charges.  Successfully obtained dismissals of more than a dozen cases, including through favorable rulings from several state supreme courts.  On primary jurisdiction referral, obtained declaratory ruling from Federal Communications Commission that state and local laws that impose higher 911 charges on Voice over Internet Protocol (VoIP) customers than on traditional telephone customers are preempted by federal law. (various jurisdictions, including Federal Communications Commission)

Represent retailer sued under Fair and Accurate Credit Transaction Act (FACTA) for allegedly printing too many digits of credit card numbers on receipts.  Successfully obtained dismissal of state court lawsuit for lack of standing, one of the first state court rulings to apply Spokeo, Inc. v. Robins to dismiss a FACTA lawsuit.  Nowe v. Essex Technology Group, LLC (Ga. Super. Ct. Cobb Cty. / N.D. Ga.)

Represent National Retail Federation, Chamber of Commerce of the United States, and International Franchise Association in filing amicus curiae briefs in various courts of appeals regarding standing for violations of the Fair and Accurate Credit Transactions Act (FACTA).  Muransky v. Godiva Chocolatier, Inc. (11th Cir.) / Kamal v. J. Crew Inc. (3d Cir.)

Represent private equity company asserting a claim under a representations and warranties insurance policy for breach of a representation stating that no event had occurred causing a material adverse effect.  Negotiate confidential settlement of claim.

Publications

Comment, Kosovo Advisory Opinion, 124 Harv. L. Rev. 1098 (2011)

The Supreme Court, 2010 Term- Leading Cases:  Arizona Christian School Tuition Organization v. Winn, 125 Harv. L. Rev. 172 (2011)

Note, Deception As An Antitrust Violation, 125 Harv. L. Rev. 1235 (2012)

Editor, Symposium: "The New Private Law," 125 Harv. L. Rec. 1640 (2012)

Education

Harvard Law School, J.D., magna cum laude, 2012

  • Articles Editor and Symposium Chair, 2011-2012; and Editor, 2010-2011, Harvard Law Review
  • Editor, Harvard Journal on Legislation and Harvard Law and Policy Review, 2009-2010

Stanford University, B.A.S., 2007

  • Phi Beta Kappa

Clerkship

Law Clerk, Judge Michael Boudin, U.S. Court of Appeals, First Circuit, 2012-2013


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