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Gerald H. Silk
Mr. Silk's practice focuses on representing public pension
funds and other institutional investors on matters involving federal and state
securities laws, accountants' liability and the fiduciary duties of corporate
officials. He also advises creditors on their rights with respect to pursuing
affirmative claims against officers and directors, as well as professionals both
inside and outside the bankruptcy context. Additionally, Mr. Silk is one of the
partners who oversee the firm's new matter department, in which he, along with a
group of financial analysts and investigators, counsels clients on potential
legal claims. He was the subject of
“Picking Winning Securities Cases,”
a feature article in the June 2005 issue of Bloomberg Markets magazine,
which detailed his work for the firm in this capacity. He was also named one of America's top 500 "rising stars" in the legal profession
and one of 3000 Leading Plaintiffs' Lawyers in America by
Lawdragon
magazine. Additionally, Mr. Silk was selected for inclusion in the list of 2006
and 2007
New York Super Lawyers.
Mr.
Silk is one of the partners at the firm responsible for advising institutional
shareholder clients on legal matters
arising out of the options backdating scandal. He
is currently representing several institutional investors in the options backdating case,
In re UnitedHealth Group, Inc. Shareholder Derivative Litigation,
pending in the District of Minnesota. Mr. Silk
has appeared frequently in the news as a commentator on option backdating
issues, including on
CNBC’s Morning Call,
The Financial Times,
The National Law Journal
and the New York Law Journal. Most recently, Mr. Silk is actively involved in the firm's prosecution of highly
successful M&A litigation, representing shareholders in widely publicized lawsuits, including the litigation
arising from the proposed acquisition of Caremark RX, Inc.
by CVS Corporation — which led to an increase of approximately
$3.5 billion in the consideration offered to shareholders.
Mr. Silk was one of the principal attorneys responsible for prosecuting the
In re Independent Energy Holdings Securities Litigation,
a case against the officers and directors of Independent Energy as well as several investment banking
firms which underwrote a $200 million secondary offering of ADRs
by the U.K.-based Independent Energy. The Independent Energy litigation was
resolved for $48 million. Mr. Silk has also prosecuted and successfully resolved
several other securities class actions, which resulted in substantial cash
recoveries for investors, including In re Sykes Enterprises, Inc. Securities
Litigation in the Middle District of Florida, and
In re OM Group, Inc.
Securities Litigation in the Northern District of Ohio. He was also a member of
the litigation team responsible for the successful prosecution of
In re Cendant
Corporation Securities Litigation in the District of New Jersey, which was
resolved for $3.2 billion.
Mr. Silk received
a B.S. in economics from the Wharton School of Business, University of
Pennsylvania in 1991, and a J.D., cum laude, from Brooklyn Law School in
1995. In 1995-96, Mr. Silk served as a law clerk to the Hon. Steven M. Gold,
U.S.M.J., in the United States District Court for the Eastern District of New
York.
Mr. Silk lectures to institutional investors at
conferences throughout the country, and has written or substantially contributed
to several articles on developments in securities and corporate law, including "The
Compensation Game," Lawdragon, Fall 2006; "Institutional
Investors as Lead Plaintiffs: Is There A New And Changing Landscape?",
75 St. John's Law Review 31 (Winter 2001); "The Duty To Supervise, Poser,
Broker-Dealer Law and Regulation", 3rd Ed. 2000, Chapter 15; "Derivative
Litigation In New York after Marx v. Akers", New York Business Law Journal, Vol.
1, No. 1 (Fall 1997).
ADMISSIONS: Admitted to bar, 1996, New York. 1997, U.S. District Courts for the
Southern and Eastern Districts of New York.
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