Jeffrey Resetarits, partner in the firm's Litigation practice, represents clients in complex commercial litigation, including securities and antitrust class actions, and in regulatory investigations and enforcement proceedings brought by the Department of Justice, Securities and Exchange Commission, Commodity Futures Trading Commission, and FINRA.
Prior to joining Shearman & Sterling LLP, Jeff was a trial attorney with the U.S. Department of Justice hired through the Attorney General’s Honors Program, a law clerk to Judge Warren J. Ferguson of the U.S. Court of Appeals for the Ninth Circuit, and a law clerk to Judge Napoleon A. Jones, Jr. of the U.S. District Court for the Southern District of California.
Recent Litigation Experience Includes:
- Representing a financial institution in a class action asserting violations of the Commodity Exchange Act and antitrust laws related to LIBOR and TIBOR.
- Representing a financial institution in a class action asserting violations of the antitrust laws in connection with foreign exchange trading.
- Representing a senior executive at a financial institution in a FIRREA action brought by the DOJ in connection with foreign exchange trading.
- Representing a syndicate of 18 underwriters in a securities class action in connection with a secondary offering at a pharmaceutical company.
- Winning the dismissal of a securities class action on behalf of Fairfax Financial Holdings Limited and certain officers and directors. Plumbers, Pipefitters & MES Local Union No. 392 Pension Fund v. Fairfax Financial Holdings Limited, 886 F. Supp. 2d 328 (S.D.N.Y. 2012).
- Winning the dismissal of claims under Section 11 of the Securities Act on behalf of China-Biotics.
- Winning an interlocutory appeal in a securities fraud class action on behalf of seven officers and directors of a telecommunications company. In re FLAG Telecom Holdings, Ltd., 574 F.3d 29 (2d Cir. 2009).
- Winning the dismissal of federal RICO claims against Merrill Lynch. Eagletech Commc’n, Inc. v. Citigroup, Inc. et al., 2008 WL 3166533 (S.D. Fla. June 27, 2008).
- Winning summary judgment on behalf of Merrill Lynch in connection with state law securities fraud claims. In re Enron Corp. Securities, Derivative & ERISA Litig., 491 F. Supp. 2d 690 (S.D. Tex. 2007).
Recent Regulatory Experience Includes:
- Representation of a financial institution in a FIRREA investigation by DOJ.
- Representation of a financial institution in a False Claim Act investigation by DOJ.
- Representation of an insurance company in connection with a DOJ and SEC investigation.
- Representation of a financial institution in connection with a CFTC investigation.
- Representation of a manufacturing company in connection with an SEC investigation.
- Representation of a hedge fund in an SEC investigation related to insider trading.
- Representation of a financial institution in a FINRA investigation.
- United States Supreme Court
- United States Court of Appeals for the Second Circuit
- United States District Court for the Southern District of New York
- Wrote chapter on U.S. litigation for Chambers Legal Practice Guides (2014)
- Author, "Challenging Loss Causation in the Second Circuit," Law360 (2011)