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Joel D. Rothman

Associate

JDRothman@mintz.com

+1.617.348.4495

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Joel’s practice encompasses a range of complex commercial, securities, and insurance matters. As a key member of the Institutional Class Action Recovery Practice, Joel advises institutional investors with respect to the monitoring and evaluation of both foreign and domestic securities class actions, and has helped collect $7 billion for institutional clients. He has represented various clients in evaluating whether opt out of or objecting to class settlements throughout the world. Joel, along with the rest of the Institutional Class Action Recovery Practice represents mutual funds, institutional investors, public pension funds, trusts, investment advisors, and individuals as claimants in thousands of cases, both foreign and domestic, handling approximately 350 cases concurrently with an average of $11 million in recoveries per week.  

A well-rounded attorney, in addition to his work with institutional investors, Joel has an active real estate litigation practice, representing developers, property owners, and financing agencies with respect to permitting disputes and land use litigation. A seasoned litigator, he advises clients at all stages of civil litigation, from pre-litigation counseling and investigation through discovery, alternative dispute resolution, trial, and the appeals process.

Before joining the firm, Joel held a clerkship position with the Massachusetts Supreme Judicial Court, serving under, then Associate Justice, now Chief Justice Ralph D. Gants. He has also held internship positions in the litigation sections of law firms in Boston.

Before beginning his legal career, Joel had a successful career in human resources, which makes Joel adept at counseling clients on all facets of the employment relationship.

While in law school, Joel worked as a research assistant, aiding in drafting briefs as amicus curiae for two United States Supreme Court cases, one relating to the Affordable Care Act, and the other challenging a federal immigration statute on equal protection and fundamental rights grounds.

Education

  • Northeastern University (JD)
  • Wesleyan University (BA, Government)

Experience

  • Obtained dismissal of lawsuit brought by a municipality challenging a funding agency’s determination of eligibility for a Comprehensive Permit.
  • Successfully appealed to the DHCD a municipality’s determination that it had achieved an affordable housing statutory minimum.
  • Defended an insurer against claims that it converted subrogation claims, obtaining summary judgment from the US District Court for the District of Oregon.
  • Represented institutional investors in monitoring and/or participating in virtually all U.S. securities class actions, regulatory settlements, and other investor settlements.
  • Represented institutional investors in monitoring and/or participating as claimants or plaintiffs in antitrust class actions involving interest rate and currency manipulation claims.
  • Represented mutual funds and other institutional investors in evaluating and participating in global recovery opportunities, including securities and antitrust cases in Australia, Brazil, Canada, England, Denmark, Germany, Italy, Japan, the Netherlands, South Africa and Taiwan. 
  • Obtained dismissal of lawsuit brought by a municipality challenging a funding agency’s determination of eligibility for a Comprehensive Permit.

Involvement

  • Member, Board of Trustees & General Counsel, Infant Toddler Children’s Center in Acton, Massachusetts

Recent Insights

News & Press

Viewpoints

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The August 20, 2020 decision in In re: Volkswagen “Clean Diesel” Mktg., Sales Practices, and Prods. Liab. Litig., MDL No. 2672 CRB (JSC) by the United States District Court for the Northern District of California (“the Opinion”), dismissing a significant portion of the SEC’s federal securities claims against Volkswagen as having been previously released by the DOJ, serves as an important reminder for why such coordination is important and how defendants may take advantage of the failure to coordinate, as did Volkswagen.
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The U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) will soon be presented the opportunity to address the novel question of whether investors who purchase a security in the context of a direct listing, rather than an initial public offering (“IPO”), have standing to bring claims under Sections 11 and 12(a)(2) of the Securities Act of 1933, despite the fact that such investors cannot allege that they purchased shares registered under and traceable to a defective registration statement.
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In ruling on Defendants’ motion to dismiss in the FX Opt-Outs Action, Judge Schofield narrowed the antitrust claims, denied dismissal on the basis of forum non conveniens, and denied dismissal of the unjust enrichment claim.
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As parties to merger or acquisition agreements carefully review their agreements to see what, if any, impacts the COVID-19 pandemic may have, the recent decision from the U.S. District Court for the Southern District of New York in Newmont Mining Corp. v. AngloGold Ashanti Ltd. provides meaningful guidance for the interpretation of Material Adverse Effect (“MAE”) provisions in agreements governed by New York law.
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Recently, the United States District Court for the Central District of California denied the defendants’ motion to dismiss the Second Amended Complaint (“Amended Complaint”) filed in the Toshiba securities litigation. As we previously wrote, in 2016, the district court dismissed the case, holding both that transactions in Toshiba’s unsponsored American Depositary Receipts (ADRs) are not “domestic” transactions as required by Morrison, and also that the plaintiffs’ Japanese law claims must be dismissed due to comity concerns and on forum non conveniens grounds. (link to prior blog). Then, in 2018, the Ninth Circuit reversed this decision, holding that Toshiba ADR trades are domestic, and allowed the defendants to file the Amended Complaint asserting more specific allegations about Toshiba’s connection to the ADR trades. (link to blog on 9th Circuit opinion).
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On November 1, 2019, the United States Court of Appeals for the Second Circuit issued a summary order rejecting the appeal of an objector to the Foreign Exchange Antitrust Settlement. A few weeks earlier, U.S. District Court Judge Schofield had denied a motion filed by the objector and class counsel seeking an “indicative ruling” on their combined motion for approval of an agreement that would have ended the appeal. These two decision clear the way for the remaining distribution from the settlement fund, which totaled over $2.3 billion dollars.
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Last week, the district court entered an order, granting CalSTRS’ motion for intervention for the limited purpose of tolling the statute of repose. While there is no longer a risk that the complaint will be dismissed (the vast majority of Plaintiffs’ claims have since survived dismissal), CalSTRS has successfully preserved its right to opt out if a class is certified. Allowing CalSTRS (and others) to use motions to intervene to toll the statute of repose rather than forcing such putative class members to choose to forego their rights or file their own opt-out action may preserve resources and encourage efficiency of the courts.
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Years after Plaintiffs brought a federal securities complaint against Petrobras, and more than a year after the case settled for approximately $3 billion, Judge Jed S. Rakoff of the United States District Court for the Southern District of New York ordered the unsealing of the majority of documents attached to parties’ summary judgment papers. Cornell University intends to use these documents in an arbitration in Brazil. Not only does Judge Rakoff’s decision come as an important reminder that sealing orders are not intended to last forever, but this decision also demonstrates how a motion to unseal may be used to bypass the traditional requirements of 28 U.S.C. § 1782, frequently invoked by entities seeking to use U.S. discovery in foreign proceedings.
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News & Press

This Law360 Expert Analysis column, authored by Mintz Member Peter Saparoff and Associate Joel Rothman, discusses several recent developments which highlight why foreign securities litigation is an ever-changing scenario where nothing is definite.
Mintz is proud to be recognized by JD Supra in its 2018 Reader’s Choice awards. The annual program highlights the most widely read authors and articles throughout the past year. Five Mintz attorneys were named JD Supra Top Authors in four different industries.
Mintz Members Peter Saparoff and Adam Sisitsky, and Associate Joel Rothman co-authored the book Business Torts in Massachusetts, which provides a comprehensive and practical guide for business counsel and litigators on the wide range of "business torts" actions.
This article, co-authored by Mintz Litigation Member Joel Rothman and attorney Angela Dilenno, discusses the U.S. Supreme Court’s hearing of a case dealing with a relatively straightforward issue in the generally complex world of securities litigation.
Peter Saparoff, Co-chair of Mintz’s Securities Litigation Practice, and Joel Rothman, Mintz Boston Associate, authored this American Bar Association article discussing whether securities antitrust cases will incite an increase in objections because of the complexity of their distribution plans.
Members Peter Saparoff and Robert Kidwell and Associates Joel Rothman and Kevin Mortimer authored this ABA’s Section of Litigation column on the trend of plaintiff investors filing a growing number of class action cases against financial institutions alleging violations of U.S. antitrust laws.