Catherine Schumacher is a Partner in the New York office, who concentrates her practice in complex commercial litigation, securities and derivative litigation, and internal and government investigations.
Kate has experience representing individual directors and officers, investment banks, and issuers in federal and state courts, as well as in corporate internal and regulatory investigations. Most recently, she has represented a former member of AIG’s senior management in connection with a federal securities class action; multiple shareholder derivative suits; a federal class action brought under the ERISA statute; a fraud action brought under New York’s “Martin Act”; and in investigations before the United States Securities Exchange Commission, the Department of Justice and the New York Attorney General’s Office.
Through such representations, Kate has gained significant experience in the efficient management of complex, multi-jurisdictional cases, including large-scale document review and production; extensive motion practice on complex discovery, privilege and case-dispositive issues; preparing officers and directors for depositions and appearances before the SEC, NYAG and other governmental agencies, as well as taking and defending depositions of company witnesses, experts and auditors; conducting internal witness interviews; drafting motions for summary judgment; handling appeals before the New York Appellate Division and the United States Court of Appeals for the Second Circuit; addressing directors’ and officers’ insurance coverage issues through negotiation, arbitration and litigation; participating in mediations and arbitrations to achieve successful settlements of cases; engaging in all phases of trial preparation and trials; and working with a variety of economic, insurance, regulatory and financial accounting experts on issues relating to class certification, loss causation, materiality, statistical significance, event studies and various damages’ models.
In 2014, Crain’s New York Business named Kate to its “40 Under 40” list, highlighting her success in the Kenneth Cole and AIG securities litigations. She was also named in Law360 as a “Rising Star” in 2014 and one of “10 Securities Lawyers Under 40 to Watch” in 2010. She is recognized in New York for Litigation by Chambers USA 2015 and 2016, and was also recognized by Euromoney’s LMG Americas Women in Business Law as a Rising Star: Litigation in 2014. Kate currently serves as Co-Chair of Kaye Scholer’s Recruiting Committee.
Representative Securities and Derivative Litigation Experience
- Former officer and director of AIG in a Martin Act action by the New York State Attorney General. People of the State of New York v. American International Group, Inc., et al. (New York State Supreme Court, New York County) (2005–Present)
- Members of the Special Committee of the Board of Directors of SFX Entertainment, Inc. in a securities class action alleging 10b-5 and control person claims relating to a proposed going-private transaction. Guevoura Fund Ltd. v. Sillerman et al., Case No. 1:15-cv-07192-CM (S.D.N.Y.)
- Members of Board of Directors of SFX Entertainment, Inc. in an action asserting common law fraud and negligent misrepresentation claims relating to a proposed going-private transaction. Altimeo Investissement et al. v. Sillerman et al., Index No. 651084/2016 (New York State Supreme Court, New York County)
- Kenneth Cole Productions, Inc. in consolidated shareholder class action litigation in connection with Kenneth Cole's proposal to acquire all outstanding shares of the company. In Re Kenneth Cole Productions, Inc. Shareholder Litigation (New York State Supreme Court, New York County) (2013-2016)
- Former officer and director of AIG in consolidated securities class action litigation. In Re American International Group, Inc. Securities Litigation (S.D.N.Y) (2005–2013)
- Former officers in certain consolidated securities cases. In Re Lehman Brothers Securities and ERISA Litigation (S.D.N.Y.) (2009–2012)
- Majority shareholder of a closely held corporation in a shareholder derivative suit brought by a minority shareholder for breach of fiduciary duty, unjust enrichment and stockholder oppression. Bretton J. Bolt v. Francis P. Kirley, et al. (Maryland State Court) (2013)
- Former officer and director of AIG in consolidated derivative litigation. In Re American International Group, Inc. Derivative Litigation (S.D.N.Y.) (2005–2011)
- Former officer and director of AIG in consolidated derivative litigation. American International Group, Inc. Consolidated Derivative Litigation (Court of Chancery, Delaware) (2005–2011)
- Former officer and director of AIG in a civil enforcement action commenced by the SEC. Securities and Exchange Commission v. Maurice R. Greenberg and Howard I. Smith (S.D.N.Y.) (2009)
- Former chairman of company in consolidated derivative litigation concerning employee stock option plans. CA, Inc. Shareholders’ Derivative Litigation Employee Option Action (E.D.N.Y.) (2006–2008)
- Former chairman of company in consolidated shareholder derivative litigation. Computer Associates International, Inc. Derivative Litigation (E.D.N.Y.) (2004–2011)
- Former officer and director of AIG in an alleged breach of fiduciary duty case. American International Group, Inc. v. Maurice R. Greenberg, et al. (New York State Supreme Court, New York County) (2008–2009)
- Former officer and director of AIG in ERISA class action litigation. In Re AIG ERISA Litigation (S.D.N.Y.) (2005–2008)
Representative Commercial Litigation Experience
- Smile Train, Inc. in breach of contract, breach of fiduciary duty and conversion claims. Smile Train v. Ferris Consulting Corp. (New York State Supreme Court, New York County) (2012–Present)
- Maurice R. Greenberg in a defamation action. Maurice R. Greenberg v. Eliot L. Spitzer (New York State Supreme Court, Putnam County) (2013–Present)
- Smile Train, Inc. in a copyright infringement and unfair competition action. Smile Train, Inc. v. Brian F. Mullaney (S.D.N.Y.) (2012–2013)
In The Market
- Kaye Scholer Again Tops AmLaw’s 2016 Summer Associates Survey September 19, 2016 • Recognitions
- Three Partners Named to Benchmark Litigation’s Inaugural “Under 40 Hot List” August 11, 2016 • Recognitions
- Ten Kaye Scholer Practices Recognized, 29 Individuals Cited in Legal 500 US 2016 June 15, 2016 • Recognitions