Mr Andrew Zivitz > Kessler Topaz Meltzer & Check, LLP > Radnor, United States > Lawyer Profile

Kessler Topaz Meltzer & Check, LLP
280 KING OF PRUSSIA ROAD
RADNOR, PA 19087
PENNSYLVANIA
United States

Work Department

Securities Fraud Litigation

Position

Partner

Career

Mr. Zivitz concentrates his practice in the area of securities litigation. Mr. Zivitz has achieved extraordinary results in securities fraud cases. His work has led to the recovery of more than $1 billion for damaged clients and class members.

Mr. Zivitz has represented dozens of major institutional investors in securities class actions and private litigation. He is skilled in all aspects of complex litigation, from developing and implementing strategies, to conducting merits and expert discovery, to negotiating resolutions. Mr. Zivitz has served as lead or co-lead counsel in many of the largest securities class actions in the U.S., including cases against Bank of America, Celgene, Goldman Sachs, Hewlett-Packard, JPMorgan, Pfizer, Tenet Healthcare, and Walgreens.

Mr. Zivitz’s extensive courtroom experience serves his clients well in trial situations, as well as pre-trial proceedings and settlement negotiations. He served as one of the lead plaintiffs’ attorneys in the only securities fraud class action arising out of the financial crisis to be tried to a jury verdict, has handled a Daubert trial in the U.S. District Court for the Southern District of New York, and successfully argued dispositive motions before federal district and appeals courts throughout the country.

Before joining Kessler Topaz Meltzer & Check, Mr. Zivitz worked at the international law firm Drinker Biddle and Reath, primarily representing defendants in large, complex litigation. His experience on the defense side of the bar provides a unique perspective in prosecuting complex plaintiffs’ litigation.

Memberships

Mr. Zivitz is licensed to practice in Pennsylvania and New Jersey; United States Supreme Court; USDC, Eastern District of Pennsylvania; USDC, District of New Jersey; USCA, Second Circuit;  USCA, Sixth Circuit; USCA, Seventh Circuit; USCA, Ninth Circuit; USCA, Tenth Circuit; USCA, Eleventh Circuit.

Education

University of Michigan, B.A., with distinction 1992; Duke University School of Law, J.D. 1995

Lawyer Rankings

United States > Dispute resolution > Securities litigation: plaintiff

Based in in Radnor, Pennsylvania, and San Francisco, California, Kessler Topaz Meltzer & Check, LLP is highly regarded as one of the leading players in securities litigation, its 27-partner practice having amassed a strong track record in representing states attorneys’ general offices, as well as public and private entities, including municipalities, state agencies, mutual fund managers, sovereign wealth funds, and multi-employer welfare funds. In the Radnor office, the practice is led by seven respected partners, with David Kessler and Darren Check the most active in this area of law. Together, they negotiated a $450m settlement for Sjunde AP-Fonden in the long-running litigation concerning misrepresentations made about the carrying value of Kraft Heinz assets, the sustainability of its margins, and the success of the company’s cost-cutting strategy in the wake of its 2015 merger. Sharan Nirmul and Richard Russo, Jr. are the lead partners in a new securities fraud class action concerning representations and omissions made by former executives of Signature Bank and its auditor KPMG about the bank’s emergent risk profile and deficient management of those risks that ultimately caused it to collapse in March 2023. Jennifer Joost and Gregory Castaldo also played key roles in that case. Matthew Mustokoff and Andrew Zivitz, who are involved in the high-profile case In re Celgene Corp. Securities Litigation, and key partner Naumon Amjed also play prominent roles in the practice.