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Jeffrey N. Leibell

Class Action Settlement Consultant

Experience Managing Class Action Settlements:

About - Biography

BIOGRAPHY

"I've devoted the last 25 years of my legal career representing clients in a highly specialized niche of class action law: addressing the issues that, under Rule 23(e), are presented by settlements and their allocation and distribution."

OVERVIEW. As a partner at Bernstein Litowitz Berger & Grossmann (“BLB&G”), one of the nation’s premier plaintiff-side law firms, Jeffrey Leibell prosecuted securities class actions and managed their settlement and distribution. As the Vice President of Class Action Services, at The Garden City Group, Inc. (“GCG”), which, during his tenure, was one of the most well-regarded class action claims administration firms in the U.S., Mr. Leibell advised GCG’s executives and managers on legal issues presented by some of the most complex securities class action settlement administrations of all time. And as the Chief Legal Officer at Financial Recovery Services, LLC (“FRS”), one of the nation’s premier class action settlement claim consultants, Jeff advocates to assure that FRS’s clients are treated fairly and in accordance with court-approved class action plans of allocation and distribution. Mr. Leibell's diverse experience provides a unique perspective on the often-overlooked considerations necessary to assure fair, equitable, and timely distributions of class action settlements under the 2018 amendments to Rule 23(e).

CREDENTIALS

Education

  • Brooklyn College of the City University of New York, 1979, B.S., cum laude, Accounting
     

  • Columbia University School of Law, 1992, J.D., Harlan Fiske Stone Scholar

Bar Admissions

  • New York

  • New Jersey

  • Supreme Court of the United States

  • United States District Court, District of Colorado

  • United States Court of Appeals for the Armed Forces

  • United States Court of Appeals, Third Circuit

  • United States Court of Appeals, Fourth Circuit

  • United States Court of Appeals, Sixth Circuit

About- Credentials
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About - BLB&G

RELATED CAPABILITIES

Antitrust Class Action

Commercial Litigation

Financial Services

Securities Fraud

Class Action Claims Management

Proof of Claim

SOC 2

Class Action Claims Administration

Rule 23

Class Action Prosecution

General Counsel

BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP (BLB&G). Jeff's interest in class action settlement law began during his 13 years at BLB&G, which Mr. Leibell joined after spending 3 years as a litigator at another law firm. In addition to representing institutional and other investors in securities fraud and derivative litigation, which focused primarily on cases that involved accounting irregularities and complex damage considerations, Jeff created and headed BLB&G’s settlement management department. In that role, Mr. Leibell negotiated, documented, oversaw the administration of, and developed the allocation and distribution plans for, all of BLB&G’s settlements, which, during Jeff's tenure, totaled >$16.6 billion in recoveries, and included, at the time that they were settled, 5 of the 10 largest securities class action settlements in U.S. history. Among the more prominent of those are:

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  • In re Cendant Corporation Litigation (D.N.J.)
    The >$3.3 billion in settlements, at the time they were reached, represented the largest amount by far recovered in a securities class action; that amount still represents the third-largest securities settlement. (Read More)
     

  • In re WorldCom Inc. Securities Litigation (S.D.N.Y.)
    The $6.2 billion recovered still represents the second-largest securities fraud class action settlement in U.S. history (Read More).
     

  • In re Nortel Networks Corp. Securities Litigation (S.D.N.Y.)
    The >$1.074 million settlement, which included $370,157,418 of cash and 314,333,875 shares of Nortel common stock that, as of June 30, 2006, had an aggregate market value of $704,107,880, resolved claims asserted under the U.S. securities laws and asserted in two class actions pending in Canada each on behalf of purchasers of Nortel common stock, purchasers of call options on Nortel common stock, or writers (sellers) of put options on Nortel common stock (the “Nortel II Actions”) (Read More). 

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THE GARDEN CITY GROUP, INC. (GCG). Jeff left BLB&G to join GCG, where he spent over six years providing to its executive and senior management and to its class counsel clients advice concerning complex class action settlement, administration, and distribution legal issues. For example:

 

  • In connection with GCG’s settlement administrations, including the settlements of WorldCom and the Nortel II Actions, Mr. Leibell analyzed and successfully defended challenges to GCG’s and class counsel’s proof of claim determinations that thousands of claimants lodged with courts in the U.S. and Canada; 
     

  • Jeff Leibell developed and presented to attorneys across the U.S. continuing legal education programs concerning class action settlement, administration, and distribution legal issues; and
     

  • Jeff Leibell supervised and developed protocols and procedures for a dedicated group of approximately 125 lawyers who addressed all legal representation and related issues in connection with claims made on behalf of over 350,000 claimants to the $20 billion Gulf Coast Claims Facility, and provided related advice to GCG’s executive management and to Kenneth Feinberg, the Claims Administrator, and Mr. Leibell's team.
     

Jeff Leibell also formulated and revised all of GCG’s information and physical security, operational, and privacy policies so that GCG became the first claims administrator to obtain the AICPA’s Service Organization Control (SOC) 2 report (and did so for all five AICPA Trust Services Principles) and so that those policies comply with all HIPAA security and privacy standards.

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FINANCIAL RECOVERY SERVICES, LLC (FRS). Mr. Leibell then joined Financial Recovery Services ("FRS") as its General Counsel, later becoming its Chief Operating Officer and now its ’s Chief Legal & Financial Officer. In addition to managing all of FRS’s legal and financial matters, Jeff regularly advocates with claims administrators, class counsel, and, when necessary, courts, on behalf of FRS’s clients in connection with managing proofs of claim submitted in dozens of direct and indirect purchaser antitrust class action settlements. Those efforts have included, among other things:

 

  • Obtaining approval for the alternatives that FRS develops when its clients are unable to obtain the data and documents required by proof of claim forms;
     

  • Compelling searches of defendant data to be conducted for FRS’s clients’ purchases;
     

  • Explaining that FRS’s clients’ purchases are eligible under class definitions;
     

  • Refusing to allow FRS’s clients to be subjected to inappropriate claim submission requirements that are more burdensome than those imposed on other class members;
     

  • Demanding the correction of claims administration errors; 
     

  • Insisting on reasonable requirements for responding to and satisfying proof of claim audit requests and deficiency notices; and
     

  • Requiring that proofs of claim and audit and deficiency responses that, for good reason, were submitted after deadlines, be accepted as timely.

About - GCG

CAREER DEVELOPMENT

"My legal career began in 1992 when I graduated from Columbia Law School, where I was a two-time Harlan Fiske Stone Scholar and the Senior Notes Editor and a member of the Columbia Business Law Review. My professional career began 17 years earlier when I graduated cum laude from Brooklyn College with a B.S. in Economics, Major in Accounting. Although I was fascinated with the law, I chose accounting because the only family member of mine that had any degree of success, my maternal uncle, was an accountant. Upon graduation, I joined Touche Ross & Co. (now Deloitte) where I spent the better part of the next 12 years auditing and providing litigation consulting for “Fortune” and other companies in a variety of industries. Shortly after I got married, and during a particularly grueling over 2-year litigation consulting engagement, my wife, who at that time was a medical resident that had spent ten years as a registered nurse and then took the necessary course work to meet medical school eligibility requirements, convinced me to attend law school. I was able to do so only with her support and encouragement, and with the support of my colleagues at Deloitte, who retained me as a litigation consultant throughout most of my three years at Columbia Law School."

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- Jeff Leibell

About - FRS
Publications

PUBLICATIONS

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Article

UNDER AMENDED RULE 23, EFFECTIVE SETTLEMENT MANAGEMENT IS NOT JUST A GOOD IDEA, IT'S THE LAW

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The most recent amendments to Rule 23(e)(2)(C), which became effective on December 1, 2018 (the “2018 Amendments”), added new criteria that emphasize the importance that effective and proactive class action settlement management – the shepherding of a settlement from handshake to distribution – has on obtaining with as little delay as possible approval of class action settlements and of their distribution to class members, as well as on the payment to class counsel of their court-awarded attorneys’ fees. Under the interpretation that courts of appeals already have given to one new factor added by the 2018 Amendments – that fairness determinations must consider actual results of the claims process – district courts may decide to wait to rule on settlement fairness until administrations are sufficiently complete to provide for their consideration claims results. Under that interpretation, therefore, effective and proactive settlement management is fundamental to expeditiously obtaining final settlement approval. And because, under customary “quick pay” provisions, attorneys’ fees are not payable until final settlement approval is granted, competent settlement management also is necessary for class counsel’s timely receipt of its fees.

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Article

"LOW COST" CLASS ACTION CLAIMS ADMINISTRATORS: WHAT YOU DON'T KNOW WILL HURT YOU

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As a direct result of inferior claims administrations performed by claims administrators selected based primarily on their low bids, “legitimate claimants” – those class action claimants that are class members and that submit proofs of claim that comply with judicially approved requirements – have suffered substantial financial harm and will continue to do so. Among claims administrators, there are substantial differences in accuracy and efficiency; those claims administrators that, to get selected, offer low bids cannot afford to, and, therefore, have not and will not, perform the tasks necessary to administer class action settlements accurately or efficiently. One consequence is that those “low cost” administrators incorrectly classify “ineligible claimants” – those that are not class members, or, even though they are, submit proofs of claim that are partially deficient or completely defective – as legitimate claimants, and, therefore, distribute to the former recoveries that should have gone to the latter.

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Read Full Article >>

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Article

DEALING WITH RECALCITRANT NOMINEES UNDER THE 2018 AMENDMENTS TO RULE 23

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Recalcitrant nominees – brokerages, custodians, and other entities that, although they trade and hold secu- rities for their clients, do not timely or at all send to them settlement notices for securities class actions – have long plagued the efficient administration of those settlements. Prior to the 2018 amendments to Rule 23 (the “2018 Amendments”), the obstacles created by recalcitrant nominees concerned whether, because their cli- ents were not provided with notice of a settlement, due process required by Rule 23 was provided to the class. In almost all cases, courts found that due process had been satisfied. But that was prior to the effectiveness of the 2018 Amendments. Now, with heightened focus on class member participation and recovery, recalcitrant nominees’ disservice to their own clients may delay or jeopardize settlements for entire classes.

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Read Full Article >>

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Article

LATE CLAIMS AND "PLACEHOLDER" CLAIMS: THE BANES OF CLASS ACTION SETTLEMENT MANAGEMENT

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Late claims and “placeholder claims” – claims that, to avoid being deemed late, are filed prior to a claim filing deadline but without the required transactional information – are the banes of the administration of almost every class action settlement. While they do not always create havoc, they often do when, for example, they are many or when their effect on the distribution is material. And when that happens, and class counsel hasn’t adequately planned for it, the dogs of war may indeed be slipped.

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Read Full Article >>

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Article

67% OF SOMETHING IS BETTER THAN 100% OF NOTHING: COMPETENT AND ETHICAL CLASS ACTION CLAIMS CONSULTANTS PROVIDE VALUE AND INCREASE PARTICIPATION IN CLASS ACTION SETTLEMENTS

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Love ‘em or hate ‘em, class action claims consultants, or “CACCs,” are here to stay.1 Most CACCs provide value to their clients because, without their services, which are provided at a fee often as much as 33%, those class members would not recover anything. Given that the 2018 amendments to Rule 23 (the “2018 Amendments”) now require courts, when they evaluate whether a class action settlement is fair, reasonable and adequate, to consider class member participation and recovery, the increased participation that CACCs generate should enhance the likelihood of judicial approval.

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Read Full Article >>

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