Karen L. Eisenstadt

Associate, Boston

Biography

Overview

Karen Eisenstadt focuses her practice on white-collar and securities defense and complex commercial litigation. She regularly represents clients in U.S. criminal and civil regulatory matters, qui tam actions, consumer protection lawsuits, and complex, multi-jurisdictional disputes.

Karen has extensive experience conducting and reporting on internal investigations, and has assisted companies in diverse industries in evaluating the design and effectiveness of anti-corruption and health care fraud compliance policies and programs.  Karen was also a member of the successful trial team in the criminal antitrust prosecution, United States v. Usher et al.

Karen previously served as a law clerk to the Honorable Sandra S. Ikuta of the US Court of Appeals for the Ninth Circuit. While in law school, Karen was an executive editor of the Harvard Law Review and a semi-finalist in the Ames Moot Court Competition.

Bars and Courts
Massachusetts State Bar
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fifth Circuit
US District Court for the District of Massachusetts
Education
JD
Harvard Law School
AB
Harvard College
Languages
English

Experience

Member of team advising multinational tech company in international litigation and regulatory investigations concerning election laws, privacy and data protection, intermediary liability, and defamation.

Developed legal strategy and drafted motions and proposed jury charge as member of trial team that secured a jury acquittal for UK national in the criminal antitrust prosecution, United States v. Usher et al. (SDNY 2018).

Represented global life sciences company in DOJ and SEC investigations of FCPA issues. DOJ declined prosecution and SEC settled on terms favorable to client.

Drafted successful motion to dismiss for global food manufacturer in putative class action filed under Massachusetts consumer protection laws.

Drafted successful motion to dismiss for biotech company in qui tam action concerning eligibility for Medicare reimbursement.*

Defended former hedge fund manager on criminal insider trading charges. The jury acquitted on all counts.*

Represented international manufacturer in DOJ Antitrust Division's auto parts price-fixing investigations,* and related civil disputes.

Drafted successful Second Circuit brief affirming a motion to dismiss in a consumer protection class action.*

Member of trial team that secured a jury verdict of invalidity and non-infringement in biotech patent case.*

Member of pro bono trial team that overturned the murder conviction of a Rhode Island state inmate; drafted successful brief to the Rhode Island Supreme Court to uphold grant of post-conviction relief.

*Matters prior to joining White & Case.

Publications

The Crime Fraud Exception in the Wake of Gorski et al., Mass. Lawyers Weekly, (Dec. 4, 2014) , (co-author)