Robin Switzenbaum

Biography

Robin Blumenfeld Switzenbaum is a shareholder at Berger & Montague. She concentrates her practice on litigating complex civil cases, with a particular focus on real estate, securities, corporate governance (including limited partnerships and REITs), and voting control disputes. In addition to successfully resolving major securities class actions in her career, Ms. Switzenbaum has applied her plaintiffs’ side expertise to representing business sellers who have encountered difficulties in securing the value of their pay-outs from purchasers of their companies.

Ms. Switzenbaum currently serves as lead counsel with Lawrence Deutsch in In re Precision Castparts Corp. Shareholder Litigation, No. 15CV21455 (Oregon) and Rabin v. NASDAQ, No. 215CV0551 (E.D. PA), contesting market manipulation in call options on the NASDAQ PHLX. Recently, with Lawrence Lederer, she was lead counsel in Dodona v. Goldman, Sachs, et al., No. 10 Civ. 7497 (VM) (DCF) (S.D.N.Y.), regarding two synthetic collateralized debt obligations sold by Goldman Sachs.

Ms. Switzenbaum served as lead counsel in Ginsburg v. Philadelphia Stock Exchange, Inc., et al., C.A. No. 2202-CC (Del. Ch.), representing certain shareholders of the Philadelphia Stock Exchange in the Delaware Court of Chancery. The case settled in excess of $99 million. In another state court action, Ms. Switzenbaum represented a class of holders of a publicly traded common stock who were denied their preemptive rights, Korman v. InKine Pharmaceutical,Case No. 04341 (CCP, Philadelphia County). This case settled for $9 million.

She has also successfully pursued claims on behalf of litigation trusts, bringing actions against officers, directors, and auditors of insolvent companies. Ms. Switzenbaum has also been extensively involved in litigating securities cases against financial institutions such as Wells Fargo, Merrill Lynch, Lehman Brothers, Citi, and Chase Manhattan, and against retailers such as Rite Aid, Sunbeam, and Revlon.

Prior to joining Berger & Montague, Ms. Switzenbaum was an attorney with Saul Ewing, focusing on real estate, bankruptcy and zoning matters.

Professional Leadership

  • Member of the Joint Board of Community Legal Services, Inc. and Philadelphia Legal Assistance (Secretary) and Board of Community Legal Services Development, Inc. (President)
  • Panel Member, “10b-5 Financial Crisis Litigation,” NERA Economic Research, Washington, D.C., May 21, 2009

Business and Community Leadership

  • Volunteer Weekend Guide, Philadelphia Museum of Art
  • Member, Philadelphia Museum of Art Craft Show Committee and The Women’s Committee of the Philadelphia Museum of Art

Judicial Praise:

From Chancellor William Chandler, III of the Court of Chancery of Delaware when awarding counsel’s fee in Ginsburg v. Philadelphia Stock Exchange, Inc., C.A. No. 2202 (Del. Ch.) observed:

“Counsel, again, I want to thank you for your extraordinary efforts in obtaining this result for the class.”

From Judge Stewart Dalzell of the U.S. District Court for the Eastern District of Pennsylvania in In re Rite Aid Corp. Securities Litigation, 269 F. Supp. 2d 603, 605 (E.D. Pa. 2003):

“Thanks to the nimble class counsel, this sum, which once included securities worth $149.5 million is now all cash. Seizing on an opportunity Rite Aid presented, class counsel first renegotiated what had been stock consideration into Rite Aid Notes and then this year monetized those Notes. Thus, on February 11, 2003, Rite Aid redeemed those Notes from the class, which then received $145,754,922.00. The class also received $14,435,104 in interest on the Notes.

“Co-lead counsel … here were extraordinarily deft and efficient in handling this most complex matter… they were at least eighteen months ahead of the United States Department of Justice in ferreting out the conduct that ultimately resulted in the write down of over $1.6 billion in previously reported Rite Aid earnings. In short, it would be hard to equal the skill class counsel demonstrated here.”

Prominent Judgements and Settlements

  • In re Merrill Lynch & Co., Inc. Securities Derivative and ERISA Litigation, Civil Action No. 07-cv-09633 (S.D.N.Y.) ($475 million settlement)
  • In re Rite Aid Securities Litigation, MDL 1360 (E.D. Pa.) ($334 million settlement)
  • In re Sunbeam Securities Litigation, 98-8258-Civ-Middlebrooks (S.D. Fla.) ($142 million settlement)
  • In re CMS Energy Securities Litigation, 02 CV 72004 (E.D. Mich.) ($200 million settlement)
  • Ginsburg v. Philadelphia Stock Exchange, Inc., et al., C.A. No. 2202-CC (Del. Ch.) ($99 million settlement)
  • Abessinio v. Ernst & Young LLP, et al., 106 Civ. 02777 (LTS) (confidential settlement)
  • Korman v. InKine Pharmaceutical, Case No. 04341 (CCP, Philadelphia County) ($9 million settlement)
  • Prime Group Reality Trust, et al. C.A. No. 1:12-cv-09350 (MFK) ($8.25 million settlement)
  • In re Northeast Bancorp, Case No. N-90-24 (D. Conn) ($4.9 million settlement)
  • In re Chase Manhattan Corporation Securities Litigation, Case No. 90 Civ. 6092 (S.D.N.Y. 1992) ($17.5 million settlement)
  • In re Midlantic Corporation Shareholder Litigation, Case No. 90-1275 (D.N.J.) ($9 million settlement)
  • In re ShopKo Stores, Inc. Securities Litigation, Case No. 01-C-1034 (E.D. Wis.) ($4.9 million settlement)
  • In re Medi-Hut Co., Inc. Securities Litigation, C.A. No. 02-881 (D.N.J.) (recovered $4.9 million against accountants, plus recovery from company)
  • Daftary v. HighPoint Solutions, et al., C.A. No. 08-5110 (E.D. Pa.) (confidential settlement)

Credentials

Education:

Law School

University of Pennsylvania Law School, J.D.

Undergraduate

Barnard College, B.A., cum laude

Honors & Awards:


  • National Law Journal “2007 Plaintiffs’ Hot List” for Ginsburg v. Philadelphia Stock Exchange, Inc., et al.

  • National Law Journal “2008 Plaintiffs’ Hot List” for Merrill Lynch

  • SuperLawyer 2009-2018

  • Local litigation star in the area of securities litigation for Pennsylvania, Benchmark Litigation (2010, 2016-2017) and Benchmark Plaintiff (2013 and 2015)


Admissions

Member – Pennsylvania Bar

Member – New Jersey Bar

Member – Florida Bar

Member – California Bar


Admitted – Eastern District of Pennsylvania

Admitted – District of New Jersey

Admitted – Western District of Wisconsin

Admitted – Third Circuit Court of Appeals


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