Throughout Mr. Goldman’s professional career he has concentrated his practice in complex class action litigation involving violations of state consumer-protection statutes and privacy protection, the federal securities laws, and federal and state antitrust laws. Mr. Goldman currently represents victims of identity theft and data breaches, seeking to hold Anthem, Inc., United Shore Financial Services and Xerox Mortgage Services, Athens Orthopedic Clinic, Community Health Systems, and Intuit accountable for failing to protect his clients’ personal information. Mr. Goldman was also one of the attorneys involved in two of the largest antitrust recoveries ever obtained for small businesses and individuals, In re Brand Name Prescription Drug Antitrust Litigation ($723 million) and In re NASDAQ Market Makers Antitrust Litigation ($1.027 billion). Mr. Goldman served as lead counsel in consumer fraud cases successfully brought against a number of life insurance companies, including Midland Life and Valley Forge Life for charging premiums for periods of time when no coverage was provided.
He has represented individual and institutional investors as lead or co-lead counsel in numerous securities fraud cases, including In re Accuray, Inc. Securities Litigation ($13.5 million settlement), In re K12 Securities Litigation ( $6.75 million recovery), In re Coinstar Securities Litigation ($6 million settlement) and In re Spectranetics Securities Litigation ($8.5 million settlement). Mr. Goldman also participated as co-counsel in the AOL Time Warner Securities Litigation which recouped of over $2.5 billion for investors.
Paul Scarlato has represented the interests of investors since 1989. Among his more recent efforts are the Deutsche Mortgage Pass-Through Securities Litigation ($32.5 million settlement for purchasers of mortgage backed securities ); Lehman Brothers Equity/Debt Securities Litigation (settlements over $500 million for Lehman debt and equity purchasers); Velti plc Securities Litigation (partial settlement of $9.5 million for Velti stock purchasers); Hewlett Packard Securities Litigation ($57 million settlement for HP common stock purchasers); In Compellent Technologies, Inc. Shareholder Litigation (settlement in connection with proposed acquisition of Compellent Dell, Inc. included key deal improvements; elimination of “poison pill” and standstill agreement with potential future bidders, and a reduction of termination fee); and In re Boeing Derivative Litigation (following a series of government scandals involving Boeing; settlement for shareholders included allocation of $29 million to establish and innovate ethics and compliance programs, and required the board to examine company’s entire governance structure). Paul has an undergraduate degree in accounting and was part of the tax department of a “Big Six” accounting firm where he provided a broad range of services to large business clients in a variety of industries prior to entering the securities litigation practice.
Law Clerk, The Honorable Nelson Diaz, Court of Common Pleas of Philadelphia County, 1986-1987 Law Clerk, The Honorable James T. McDermott, Pennsylvania Supreme Court, 1987-1988
NON-CLASS ACTION EXPERIENCE:
Following his judicial clerkships, Mr. Scarlato became a member of the tax department of a “Big Six” accounting firm where he provided a broad range of services to large business clients many industries.
Mr. Penny has significant experience prosecuting antitrust and consumer claims. He represents union health benefit funds in generic “pay-for-delay” antitrust actions; small businesses and consumers in direct and indirect antitrust litigation and consumers in false advertising and consumer fraud class actions. He has served as lead or co-counsel in Mirakay, et al. v. Dakota Growers, et al., (D.N.J. 2013); Logue v. West Penn Multi-Listing Service (W.D. Pa. 2010); Allan v. Realcomp II (E.D. Mich. 2010); Boland v. Columbia Multi-Listing Service (D.S.C. 2009); and Robertson v. Hilton-Head Multi-Listing Service (D.S.C. 2009). He has also been appointed to the executive committees of several recent antitrust cases. Mr. Penny has also litigated numerous securities fraud class actions over the course of his career. He was a key member of the plaintiff’s team that prosecuted In re Broadcom Securities Litigation which resulted in a settlement of $150 million for the class, and he participated in the AOL Time Warner Securities Litigation which recouped of over $2.5 billion for investors. Mr. Penny was also one of the lead attorneys representing the classes in a number of securities fraud actions arising out of stock option backdating, including, In re Monster Worldwide, Inc. Securities Litigation ($47.5 million settlement), In re Mercury Interactive Securities Litigation ($117.5 million settlement) , In re SafeNet, Inc. Securities Litigation ($25 million settlement), Ramsey v. MRV Communications et al. ($10 million settlement), and In re Semtech Securities Litigation ($20 million settlement).
In 2015, Mr. Penny was one of four finalists for the American Antitrust Institute’s Enforcement Award for Outstanding Antitrust Litigation Achievement by a Young Lawyer for his work on Allen, et al. v. Realcomp Ltd., et al. Mr. Penny has also been named a Super Lawyer or Rising Star by Super Lawyers every year since 2010.
Alan Rosca is a seasoned securities lawyer, an adjunct professor of securities regulation, and frequently speaks at legal conferences on topics ranging from Ponzi schemes and investment fraud to Bitcoin and cryptocurrencies.
Alan focuses his legal practice on complex financial and commercial matters, particularly in the areas of securities litigation, investment fraud, antitrust, and international disputes. He often represents institutional and individual investors in disputes with financial industry members, arising out of investment fraud or misconduct. He has experience prosecuting claims on behalf of investors through class actions and FINRA arbitrations. He also represents plaintiffs in consumer fraud and wage-and-hour disputes.
Alan was selected to the 2017 and 2018 Ohio Super Lawyers Rising Star list, a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement, according to Thompson Reuters.
Alan received his Juris Doctor degree summa cum laude from the Cleveland-Marshall College of Law in May 2008. While in law school he served as a Managing Editor of the Cleveland State Law Review, received the Dean’s (full) scholarship for the entire Juris Doctor program, was on the Dean’s List, and won the “Best Oralist” award in the Jessup Moot Court competition, Pacific Region. He passed the Ohio Bar exam in top 1%, with the highest grade in the state to the multi-state (federal law) section.
He is licensed to practice law in the Ohio state courts and the Northern and Southern Districts of Ohio, and other federal courts.
He is a member of the Public Investors Arbitration Bar Association, the Cleveland Metropolitan Bar Association, and the Cleveland Diplomatic Corps.
He holds a Master of Business Administration degree from Baldwin-Wallace College, Ohio.
MELISSA FRY HAGUE
Melissa Hague has dedicated her career to the successful and diligent prosecution of complex mass tort cases. She is an advocate for consumer rights and victims injured as a result of defective medical devices and pharmaceutical drugs. She was recently appointed by Judge Saylor of the US District Court of Massachusetts to serve on the Plaintiffs’ Steering Committee in In Re: Zofran (Ondansetron) Products Liability Litigation, MDL 2657 on behalf of children born with birth defects as a result of in utero exposure to the drug Zofran.
Melissa has represented hundreds of clients who have suffered debilitating injuries caused by metal-on-metal hip implants, knee implants as well as transvaginal mesh implants. As a zealous advocate for her clients, Melissa has developed an intricate level of industry knowledge in this area of the law relating to the failure to properly design and test medical devices. Her mass tort litigation experience includes:
In Re Ethicon, Inc., Pelvic Repair System Products Liability Litigation, MDL 2327
In re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, MDL 2197
In re: DePuy Orthopedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL 2244
In re: Biomet M2A Magnum Hip Implant Products Liability Litigation, MDL 2391
In re: Stryker Rejuvenate & ABG II Hip Implant Litigation, Ber-L-936-13
In re: Zimmer NexGen Knee Implant Products Liability Litigation, MDL 2272
In re: Human Tissue Products Liability Litigation, MDL 1763
Among her early successes, Melissa was an integral part to the successful resolution of the In re: Human Tissue Products Liability Litigation. Melissa successfully represented individual victims who received cadaver bone and tissue that was infected and not properly screened. As part of that litigation, Ms. Hague also represented dozens of families in lawsuits against funeral homes for the mutilation and illegal harvesting of body parts from their deceased loved ones. For her efforts, Melissa was featured with partner Larry Cohan of Anapol Weiss in national news media regarding the Human Tissue litigation.
Leadership in the Legal Community
Melissa currently serves on the Executive Committee for the American Association for Justice (AAJ) as well as the Board of Governors. She is the Immediate Past Chair of the New Lawyers Division for AAJ, she is the current Chair of AAJ’s Marketing and Practice Development Committee and was recognized by the President of AAJ for her Distinguished Service in 2017. She is also a supporter of EndDD.org where she speaks to high school students in her community as well as other communities about the dangers of distracted driving.
Melissa has been named a Rising Star in Pennsylvania Super Lawyers® since 2013. She was also selected for the state of New Jersey as The National Trial Lawyers: Top 40 Under 40 members, an elite group of the top attorneys under the age of 40 who have demonstrated excellence in their field.
DOUGLAS BENCH, JR.
Mr. Bench primarily focuses on antitrust and consumer class actions. Representative cases include:
Kaufman v. CVS Caremark Corp., (D. R.I. 2014) (alleging consumer protection violations);
Weintraub v. Pharmavite, (C.D. Cal. 2014) (same);
Mirakay v. Dakota Growers Pasta Co., Inc. (D. N.J. 2013) (alleging unfair trade practices and false advertising) ($7.92M settlement, preliminarily approved);
In re Nexium (Esomeprazole) Antitrust Litigation (D. Mass. 2012) (alleging generic suppression claims on behalf of end-payors);
In re Ductile Iron Pipe Fittings (DIPF) Direct Purchaser Antitrust Litigation (D.N.J. 2012) (alleging price fixing in the market for DIPF);
Allan v. Realcomp II (E.D. Mich. 2010) (alleging antitrust violations) ($3.25M settlement pending approval);
Boland v. Columbia Multi-Listing Service (D.S.C. 2009) (antitrust) ($1M settlement);
Robertson v. Hilton-Head Multi-Listing Service (D.S.C. 2009) (antitrust) (settled on claims-paid basis).
Prior to joining Goldman Scarlato & Penny, P.C. in 2012, Mr. Bench served as a Death Penalty Law Clerk for the U.S. District Court in the Western District of Pennsylvania from 2010-2012. He was in private practice from 2008-2010 in Johnstown, Pennsylvania, and taught undergraduate macro and micro economics at the University of Pittsburgh, Johnstown campus, from 2006-2008.
As a result of his economics background, Mr. Bench is naturally interested in antitrust violations, consumer fraud, and the market inefficiencies these violations engender.
Douglas J. Bench, Collateral Review of Career Offender Sentences: The Case for Coram Nobis, 45 U. Mich. J. L. Reform 155 (2011).
Douglas J. Bench, What Constitutes a Violent Felony After Begay?, 67 J. Mo. B. 209 (2011).