36 Hawthorne Place / Apartment 6-S / Montclair / New Jersey / / H / M

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1 ELLEN B. UNGER ESQ. 36 Hawthorne Place / Apartment 6-S / Montclair / New Jersey / / H / M EDUCATION ebu@ebu .com / ellen.unger@karlinskyllc.com THE UNIVERSITY OF MICHIGAN LAW SCHOOL (Ann Arbor, Michigan) J. D. (2001) The University of Michigan Law School Philip C. Jessup International Moot Court Competition Team, Regional Finalist Winner of Best Applicant Brief THE UNIVERSITY OF MICHIGAN (Ann Arbor, Michigan) B. A. (1997) Class Honors PRACTITIONER EXPERIENCE KARLINSKY LLC (New York) Counsel (2013 Present) Advise and represent corporate and individual clients involved in present or potential legal matters. Provide to clients a legal expertise in complex commercial matters, including federal and state claims and courts, single and multi-party litigation, class actions and multidistrict litigation; extensive experience with contracts, securities, fraud, UCC, secured transactions, and corporate governance. AXIOM LAW (New York) Outside General Counsel, Case Management ( ) Provide case assessment and management. Evaluate client exposure, client options and oversee the prelitigation and litigation process. Procedural expertise in complex litigation including class actions and multidistrict litigation; extensive experience with securities claims, consumer fraud, business torts, and contract law. Representative Engagements: Counseled national insurer on its litigation options regarding a securities lending agreement with a major Wall Street bank. In this role I worked closely with the CEO and GC, interviewed employees, analyzed contracts and possible legal claims, supervised electronic discovery including retrieval and review of internal documents, and assisted the client in retaining trial counsel. Provided pretrial services to multinational manufacturer regarding several consumer fraud class actions. In this role I worked closely with corporate executives and employees, GC, and outside counsel; performed initial fact gathering; assisted with drafting and implementation of legal hold notice; analyzed and presented litigation options; researched and drafted motion to dismiss papers. 1

2 LOWENSTEIN SANDLER PC (New York and New Jersey) Counsel, Class Action & Derivative Litigation Practice Group ( ) Matters: multidistrict litigation, federal and state class actions, federal and state commercial litigation, derivative suits, director and officer liability, capital markets litigation. Claims: Federal and state RICO, Exchange Act, Securities Act, CAFA, consumer fraud statutes, business torts and other common law claims, e.g., fraud, warranty, contract, fiduciary duty, and secured transactions. Clients: Fortune 100 and 250 corporations. Jurisdictions: various federal and state courts, e.g., New York, New Jersey, Massachusetts, Florida, Arizona, California. Responsibilities: general case assessment and management, e.g. litigation exposure, strategy, status reports, conferrals with client, court, co-counsel, adversaries, witnesses; discovery, e.g. data preservation/retrieval/review/production, legal holds, confidentiality/joint defense agreements, thirdparty subpoenas, intra-firm and co-counsel coordination, practice support and vendors; litigation team management, e.g. inter-firm sub-team management, supervision of junior associates and staff; legal filings, e.g. researching, drafting, filing and service of all manner of court papers from complaints to settlement agreements. Representative case: successfully defended multinational corporation against a series of class actions filed in the wake of a federal criminal plea and civil settlement strategizing and coordinating transfer and consolidation of cases, motions to stay, case management orders, hearings in various federal districts and before the Judicial Panel on Multidistrict Litigation, winning transfer of the MDL cases to a favorable forum, and subsequently winning dismissal of the MDL complaint. COHEN & GRESSER LLP (New York) Associate, Litigation Practice Group ( ) Matters: state and federal class actions, derivative suits, securities fraud, secured transactions, consumer fraud, contract claims and business torts. Assisted Fortune 250 special litigation committee investigation of accountant liability and preparation of report and recommendation related to derivative claim. Familiarity with GAAP, GAAS, FASB, SOX regulations. Second-chaired 21-day AAA proceeding. KATTEN MUCHIN ROSENMAN LLP (formerly Rosenman & Colin LLP) (New York) Associate, Litigation Practice Group ( ) Summer Associate (2001) Matters: federal class actions, AAA arbitrations. Claims: RICO, business torts, consumer fraud and secured transactions. Represented clients in matters before federal courts in the Second, Third, and Sixth Circuits and before the United States Supreme Court, i.e., Gurary v. Nu- Tech Bio Med, Inc., 303 F.3d 212 (2d Cir. 2002), cert. denied, 123 S. Ct (2003); Gratz v. Bollinger, 539 U.S. 244 (2003); Grutter v. Bollinger, 539 U.S. 306 (2003). 2

3 HONORABLE RICHARD M. BERMAN, UNITED STATES DISTRICT COURT The Southern District of New York Judicial Intern (Summer 2000) Drafted orders and memoranda; attended court hearings and conferences. Particular familiarity with the Federal Sentencing Guidelines, Southern District docketing procedures and local court rules. ACADEMIC APPOINTMENTS MONTCLAIR STATE UNIVERSITY (New Jersey) Assistant Professor of Jurisprudence ( ) United States Legal Systems Survey course of United States legal systems and substantive law, including jurisdiction, state/federal court structure/process, torts, property, corporate and contracts law. Senior Research and Writing Seminar in Jurisprudence I First semester of year-long immersion course teaching students how to research, analyze and write about legal issues. Senior Research and Writing Seminar in Jurisprudence II Second semester of year-long immersion course teaching students how to research, analyze and write about legal issues. Research Methods and Analysis Advanced study of legal research methodology and legal analysis. SETON HALL UNIVERSITY SCHOOL OF LAW (New Jersey) Adjunct (January ) Complex Litigation An upper-level complex litigation course covering a range of advanced substantive and procedural topics at issue in complex case management, including venue, jurisdiction, joinder, consolidation, removal, choice of law, electronic discovery, practice before the Judicial Panel on Multidistrict Litigation, class actions and the Class Action Fairness Act, bifurcated trials, legal remedies, settlement negotiations, and relationships with court, co-counsel and adversaries. HUNTER COLLEGE, CITY UNIVERSITY OF NEW YORK (New York) Adjunct (Summer 2004) Women and the Law An upper level pre-law course surveying statutory and constitutional equal protection and due process. Students analyzed 75 cases from Barbier v. Connolly, 113 U.S. 27 (1885) to PriceWaterhouse v. Hopkins, 490 U.S. 228 (1989) to Hamdi v. Rumsfeld, 542 U.S. 507 (2004). PUBLICATIONS Ellen B. Unger, WikiLaw: Legal Research and Writing in the Digital Era (work in progress). Ellen B. Unger, The Empirical Is and the Ethical Ought ; Warren P. Hill, Herbert Morris, and the Historical-Intellectual Development of Legal and Democratic Relativism, on the Social Science Research Network (SSRN) at: 3

4 Ellen B. Unger, Miles to Go Before We Certify: Meeting the Second Circuit s New Heightened Standard of Proof for Class Certification, in BNA CLASS ACTION LITIGATION REPORT Vol. 8, No. 1, (January 12, 2007). Ellen B. Unger, Let the Holder Beware: How the Supreme Court Found in Merrill Lynch v. Dabit that SLUSA Preempts Your State Law Class Action Claim, in CLASS ACTION & DERIVATIVE SUITS Vol. 17, No (Winter 2007). Ellen B. Unger, Back to the Futures: The Supreme Court s (Non) Ruling in Dow v. Stephenson, in CLASS ACTION & DERIVATIVE SUITS 3-9 (Winter 2004). Ellen B. Unger, The Supreme Court s 2002 Term: the High Court, High Drama, and Jurisdiction Under 1441, 1367, and 1651, in PRETRIAL PRACTICE & DISCOVERY 5-10 (Spring 2003). Ellen B. Unger, Multidistrict Litigation Under 28 U.S.C. 1407, A Short Primer, in PRETRIAL PRACTICE & DISCOVERY 5-10 (Winter 2003; reprinted Summer 2007). COURT ADMISSIONS New York New Jersey The Supreme Court of the United States United States Court of Appeals, Second Circuit United States Court of Appeals, Third Circuit United States District Court, Southern District of New York United States District Court, Eastern District of New York United States District Court, Northern District of New York United States District Court New Jersey PROFESSIONAL BOARDS AND ASSOCIATIONS Turning Point, Inc., Pro Bono Counsel (2013) Commercial & Federal Litigation Section, New York State Bar Association (2013) Complex Civil Litigation Committee (2013) Federal Procedure Committee (2013) Civil Practice Law & Rules Committee (2013) New Jersey State Bar Association (2013) Sedona Conference, Member, Working Group 1, Electronic Document Retention and Production ( ) Federal Bar Foundation, Board of Directors ( ) Federal Bar Council, Chair, Membership Committee ( ) PRESENTATIONS Coordinator, The Future of Consumer Fraud Class Actions, at the ABA 12 th Annual National Institute on Class Actions (November 7, 2008). Panelist, Off-Label Marketing Litigation: the Next Frontier in Pharma Litigation, panel sponsored by Schering-Plough Corporation Law Department Diversity Committee (November 12, 2007). Honorable Richard M. Berman of the United States District Court Southern District of New York (January 12, 2005). 4

5 Honorable Miriam G. Cedarbaum of the United States District Court Southern District of New York (December 14, 2004). Moderator, Rethinking What the Meaning of Is Is: Deconstructing Bill Clinton s Deposition and Grand Jury Testimony, CLE panel sponsored by the Federal Bar Council, panelists included Thomas J. Kavaler, Charles A. Stillman, Loretta E. Lynch, Steven F. Reich, and Gerald Walpin (October 27, 2004). Honorable Reena Raggi of the United States Court of Appeals for the Second Circuit (October 21, 2004). Honorable Loretta A. Preska of the United States District Court Southern District of New York (May 25, 2004). Honorable Sonia Sotomayor of the United States Court of Appeals for the Second Circuit (April 7, 2004). Honorable Jose A. Cabranes of the United States Court of Appeals for the Second Circuit (January 14, 2004). Honorable Shira A. Scheindlin of the United States District Court Southern District of New York (December 17, 2003). Honorable Guido Calabresi of the United States Court of Appeals for the Second Circuit (November 17, 2003). Honorable Jack B. Weinstein of the United States District Court Eastern District of New York (October 31, 2003). Honorable Kimba M. Wood of the United States District Court Southern District of New York (September 25, 2003). 5

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