Kessler Topaz Meltzer & Check, LLP

Securities Fraud Litigation; Fiduciary Litigation; Antitrust and Unfair Business Practices; Corporate Governance, Direct & Opt-Out Actions; Arbitration 

Partner

Mr. Mustokoff is a nationally recognized securities litigator.  He has argued and tried numerous high-profile cases in federal courts throughout the country in fields as diverse as securities fraud, corporate takeovers, antitrust, unfair trade practices, and patent infringement.

Mr. Mustokoff is currently litigating several nationwide securities cases on behalf of U.S. and overseas investors. He serves as lead counsel for shareholders in In re Celgene Securities Litigation (D.N.J.), involving allegations that Celgene fraudulently concealed clinical problems with a developmental multiple sclerosis drug.  Mr. Mustokoff is also class counsel in Sjunde AP-Fonden v. The Goldman Sachs Group (S.D.N.Y.), a securities fraud case implicating Goldman Sachs’ pivotal role in the 1Malaysia Development Berhad (1MDB) money laundering scandal, one of the largest financial frauds involving a Wall Street firm in recent memory.

Mr. Mustokoff recently led the team that secured a $130 million recovery for plaintiffs in In re Allergan Generic Drug Pricing Securities Litigation (D.N.J.), arising out of the industrywide price-fixing scheme in the generic drug market.  This marks the first settlement of a federal securities case stemming from the long-running price-fixing conspiracy which is believed to be the largest domestic pharmaceutical cartel in U.S. history.

Mr. Mustokoff played a major role in prosecuting In re Citigroup Bond Litigation (S.D.N.Y.), involving allegations that Citigroup concealed its exposure to subprime mortgage debt on the eve of the 2008 financial crisis.  The $730 million settlement marks the second largest recovery ever in a Securities Act class action brought on behalf of corporate bondholders.  Mr. Mustokoff represented the class in In re Pfizer Securities Litigation (S.D.N.Y.), a twelve-year fraud case alleging that Pfizer concealed adverse clinical results for its pain drugs Celebrex and Bextra.  The case settled for $486 million following a victory at the Second Circuit Court of Appeals reversing the district court’s dismissal of the action on the eve of trial.  Mr. Mustokoff also served as class counsel in In re JPMorgan Chase Securities Litigation (S.D.N.Y.), arising out of the 2012 “London Whale” derivatives trading scandal.  The case resulted in a $150 million recovery.

Mr. Mustokoff served as lead counsel to several prominent mutual funds in securities fraud actions in Manhattan federal court against Brazil’s state-run oil company, Petrobras, involving a decade-long bid-rigging scheme, the largest corruption scandal in Brazil’s history.  In Connecticut Retirement Plans & Trust Funds v. BP plc (S.D. Tex.), a multi-district litigation stemming from the 2010 Deepwater Horizon oil-rig explosion in the Gulf of Mexico, Mr. Mustokoff successfully argued the opposition to BP’s motion to dismiss and obtained a landmark decision sustaining fraud claims under English law on behalf of investors on the London Stock Exchange—the first in a U.S. court.  Mr. Mustokoff 's significant courtroom experience includes serving as one of the lead trial lawyers for shareholders in the only securities fraud class action arising out of the 2008 financial crisis to be tried to jury verdict.

Prior to joining the Firm, Mr. Mustokoff practiced at Weil, Gotshal & Manges LLP in New York where he represented clients in SEC enforcement actions, white collar criminal matters, and shareholder litigation.

A frequent speaker and writer on securities law and litigation, Mr. Mustokoff's publications have been cited in more than 75 law review articles and treatises.  He has published in the Rutgers University Law Review, Maine Law Review, Temple Political & Civil Rights Law Review, Hastings Business Law Journal, Securities Regulation Law Journal, Review of Securities & Commodities Regulation, and The Federal Lawyer, among others.  He has been a featured panelist at the American Bar Association’s Section of Litigation Annual Conference and NERA Economic Consulting’s Securities and Finance Seminar. Since 2010, Mr. Mustokoff has served as the Co-Chair of the ABA Subcommittee on Securities Class Actions.

Mr. Mustokoff is a Phi Beta Kappa honors graduate of Wesleyan University.  He received his law degree from the Temple University School of Law.

Mr. Mustokoff is admitted to practice before the state courts of New York and Pennsylvania; USDC, District of Colorado; USDC, Southern District of New York; USDC, Eastern District of New York; USDC, Eastern District of Pennsylvania; USDC, Eastern District of Arkansas; USDC, Western District of Arkansas; USCA, Second Circuit; USCA, Third Circuit; USCA, Eight Circuit; USCA, Eleventh Circuit; USCA, Federal Circuit.

Wesleyan University, B.A. 1997, Phi Beta Kappa; Temple University Beasley School of Law, J.D. 2000, Articles editor of the Temple Political and Civil Rights Law Review; Raynes McCarty Graduation Prize for scholarly achievement in the law