Karen Y. Bitar is a litigator whose practice focuses primarily on defense of companies and its directors, officers and advisors, when accused of securities law violations or professional negligence. Karen has tried approximately 40 cases in both state and federal courts, most to a jury, and has broad experience in insider trading and financial fraud matters, application of Generally Accepted Auditing Standards (GAAS) and Generally Accepted Accounting Principles (GAAP), accounting malpractice and accounting restatements and irregularities. Areas of Concentration · Accounting liability defense · Securities litigation · Internal investigations · Enforcement and regulatory defense · White collar criminal matters · General commercial litigation Significant Representations · Current representation of certain national and international accounting firms in defending investor class action suits involving audits of feeder funds that invested with Bernard Madoff each alleging violation of Federal Securities Law (Section 10(b) of the Securities Exchange Act of 1934 and Rule 10(b)-5 thereunder) (Southern District of New York) · Banco Espirito Santo International, Ltd. v. BDO Seidman, LLP, Circuit Court Case No. 04-14009 CA 31 (five-month jury trial culminating in appellate reversal of judgment in all respects) · BDO Seidman LLP v. Banco Espirito Santo International et al, Nos. 3D09-324, 09-197, 07-2472 (Reversing Plaintiffs verdict in all aspects), Third District Court of Appeal Miami, Florida, June, 2010 · In Re: Bankest Capital Corporation, Debtor, Case No. 04-10941-BKC-AJC, Chapter 7 · In Re John Alden Financial Corporation Securities Litigation, 2003 U.S. Dist. LEXIS 2554 (alleging violation of Federal Securities Law (Section 10(b)) (Restatement case; Summary Judgment granted for Defendant on eve of trial) · SEC v. Moran, 922 F. Supp. 867 (S.D.N.Y. 1996) (insider trading case culminating in SEC enforcement action and defense verdict at trial) · Conopco v. McCreadie, 826 F. Supp. 855, 40 F.3d 1239 (3d Cir. 1994) (professional negligence case culminating in trial) Professional & Community Involvement · Frequent commentator, COURT TV and Fox TV · Member, Junior League, Greenwich, CT Awards & Recognition · Selected, Super Lawyers magazine, 2007-2010 · Finalist Team Member, Most Effective Lawyer Award, Appellate category, Daily Business Review, 2010 Previous Employment · Assistant District Attorney, Homicide Bureau, Kings County District Attorney's Office, 1986-1991 · Assistant General Counsel, Ernst & Young LLP Articles, Publications, & Lectures GT Client Service Alerts · Author, "Supreme Court Preview: Securities Law Cases on the Docket," October 6, 2009 · Author, "Corporate Compliance: A Guide to Protecting Your Company from Liability," August 1, 2000 Books · Co-author with Adam D. Cole, "Defending the Perceived 'Deep Pocket': The Auditors," a chapter of the Inside the Minds™ series Best Practices for Securities Litigation, published for Leading Lawyers On Maintaining Regulatory Compliance, Reporting Financial Disclosures, and Working With Government Agencies, February 2007 Articles · Co-author with Adam D. Cole, "When Non-Clients Sue Professionals for Negligence," New York Law Journal, January 4, 2010 · Co-author, "Insider Trading: A New SEC Rule and an Important New Case," Securities Regulation Law Journal, Winter 2001 · Co-author, "Second Circuit Rejects Its Own Scienter Standard," Insights, September 2000 · Author, "Corporate Compliance: Protecting Your Organization From Liability," Greenberg Traurig Client Service Alert as published in Mondaq, August 2000 · Co-author, "California Courts Strike Another Blow to SEC Insider Trading Enforcement Efforts," Insights, October 2000 · Co-author, "Pleading Scienter in Securities Fraud Class Actions," New York Law Journal, October 14, 1999 · Co-author, "Avoiding Insider Trading Liability When Selling Company Stock," Review of Securities & Commodities Regulation, Standard & Poor's (January 27, 1999) abstracted in Bowne Digest For Corporate & Securities Lawyers, Bowne & Co. (July/August 1999) · Co-author, "Minimizing The Risk of Insider Trading Liability," Corporation, Aspen Law & Business (August 17, 1998) · Co-author, "Corporations Need To Police Trading By Insiders Now More Than Ever," The Metropolitan Corporate Counsel, November 1996 · Co-author, "Accounting Liability: Narrowing The Scope of Potential Plaintiffs," The Metropolitan Corporate Counsel, May 1995 Lectures · Speaker, "Defending the Accountant Defendant -- Recent Developments in Accounting Liability Defense," Lecture presented at the Securities Litigation Seminar, New York, NY, December 1, 2006 · Speaker, "Trends in Securities Litigation Post PSLRA," Deloitte & Touche Dispute Consulting Conference, August 2000 |