Emily Stern

Qualifications and Career Profile

Emily Stern’s practice focuses on litigation and dispute resolution. She comes to Katten with a wealth of experience litigating complex civil disputes and white collar criminal and regulatory matters. She represents clients in individual and class civil actions, as well as at bench and jury trials, before federal, state and appellate courts and arbitral tribunals. Her experience includes consumer and securities fraud actions, shareholder derivate suits, complex contract and licensing disputes involving pharmaceuticals, medical devices, entertainment and telecommunications, products liability claims, partnership disputes and matters involving post-employment restrictions in an array of industries. In the criminal and regulatory area, Ms. Stern guides clients through government and internal investigations and defends them in matters before federal and state prosecutors and regulators. She has particular experience in the area of the Foreign Corrupt Practices Act and regularly provides risk assessment counseling, advises on compliance and handles investigations of potential violations.

Ms. Stern clerked for the Honorable Sidney H. Stein, US District Court Judge for the Southern District of New York.

Recent Representative Matters

Civil Representations

• Defense of major auto manufacturer in products liability and consumer fraud multi-forum litigation, securing summary judgment dismissal of claims by state attorney general and favorably settling putative consumer class actions.
• Defense of intellectual property lawsuit against pharmaceutical company resulting in summary judgment dismissal of $300 million claim for an interest in a blockbuster drug.
• Litigation on behalf of a US zinc producer concerning dispute with major supplier over an alleged multi-year oral agreement for the sale of $400 million in zinc, resulting in an advantageous business resolution.
• Representation of pharmaceutical distributor in an action alleging breaches of regulatory and common law duties regarding distribution of controlled substances, prevailing on summary judgment.
• Bench trial representing medical device inventors in litigation with former lawyers who claimed right to perpetual royalties on clients’ devices worth $100s of millions, held unenforceable as a result of lawyers' ethical breaches, affirmed by New York Appellate Division and Court of Appeals.
• Jury trial concerning licensing agreement, winning all claims on behalf of medical device inventors and recovery of more than $30 million in unpaid royalties.
• Litigation and counseling concerning non-compete agreements and thefts of trade secrets (plaintiff and defense side), including on behalf of a leading sports agency, pharmaceutical company and officers of newly formed venture.

Criminal & Regulatory Representations

• Representation of investor charged with violating the FCPA for alleged participation in a bribery scheme involving $100s of millions and the highest levels of foreign government, obtaining pre-trial dismissal of substantial charges and affirmance by the Second Circuit. 
•  FCPA / Anti-Corruption advice and counseling concerning business activities in emerging and foreign markets, including advising major hedge fund on investment ventures in China; designing and drafting anti-corruption compliance policies for entities operating or investing in China and Mongolia; due diligence for multi-national defense company in connection with acquisition; internal investigation of multi national organization of possible FCPA violations involving use of third-party agents in Asia.
• Defense of officers of a major international company in criminal tax fraud prosecution involving allegations of $100s of millions in unpaid taxes, and complex extradition issues.
• Representation of investment funds in connection with "pay-to-play" fund investigations by New York Attorney General, SEC and USAO.
• Handled various NASD investigations of suspected insider trading by employees of target or acquirer entities arising out of corporate acquisitions.
• Internal investigation for international medical device manufacturer concerning Buy America Act compliance.

Appellate Practice 

• Hunter v. United States, obtained US Supreme Court ruling vacating appellate decision barring habeas petitioner from challenging erroneous criminal sentence and secured client's release pending appeal.
• Represented voting rights groups as amice before the US Supreme Court in Crawford v. Marion Country Bd. of Elections, concerning constitutionality of voter identification laws.

Select Reported Decisions

• Aerotel, Ltd. V. RSC Communication, Ltd., 99 F. Supp. 2d 368 (S.D.N.Y. 2000)
• Bristol-Myers Squibb Co. v. SR Int'l Bus. Insur. Co., 354 F. Supp. 2d 499 (S.D.N.Y. 2005)
• Buechel v. Bain, 97 N.Y. 2d 29S, 766 N.E. 2d 914 (2001)
• Fitzgerald v. Hudson Nat'l Golf Club, 826 N.Y.S. 2d 399, 35 A.D.3d. 533 (2d Dep't 2006)
• Fitzgerald v. Hudson Nat'l Golf Club, 783 N.Y.S. 2d 615, 11 A.D. 30 426. (2d Dep't 2004)
• Levitin v. Paine Webber, Inc., 933 F. Supp. 32S (S.D.N.Y. 1996)
• Ochs v. Simon (In re First Central Financial Corp.)., 238 B.R.9 (Bankr. E.D.N.Y. 1999)
• United States v. Kozeny, 541 F. 3d 166 (2d Cir. 2008)

Recent Publications and Presentations

• New York State Bar Association, Commercial Federal Litigation Section, Recent Changes to Federal Rules of Civil Procedure (May 2011).
• Emily Stern, Cross Examination, in Commercial Litigation in New York State Courts (Robert L. Haig, ed. 2010).
• Harry Frischer & Emily Stern, The Law of Contribution and Indemnity, in Settlement Agreements in Commercial Disputes (Richard A. Rosen ed., 2010).

Memberships and Associations

Ms. Stern is a member of the New York State Bar, Commercial and Federal Litigation Section, and is one of the section's mentors. She is also a member of the Association of the Bar of the City of New York and the American Bar Association, where she serves on the Foreign Corrupt Practices subcommittee of the Business Law Committee.