John P. "Sean" Coffey - Kramer Levin

John P. “Sean” Coffey
                                    Partner, Chair, Complex Litigation Group

                                    New York

                                    T 212.715.9456
                                    F 212.715.8456

                                    scoffey@kramerlevin.com

John P. “Sean” Coffey is an accomplished trial lawyer who handles some of the nation’s most high-
profile matters on behalf of plaintiffs and defendants. Sean offers corporate clients the unique
combination of a big-law lawyer with more than a decade of experience as a respected former
leader of the plaintiffs’ bar. Sean routinely represents high-profile individuals in sensitive matters
well-suited for his broad range of experience as plaintiffs’ lawyer and defense lawyer, former federal
prosecutor, and white collar defense lawyer.

Sean has a well-earned reputation as a skilled trial lawyer eager to take his cases to trial — just prior
to the pandemic he had completed a string of three trials in less than 15 months, and he recently
completed a “virtual” trial via Zoom in Delaware Chancery Court. While the vast majority of civil
cases end in settlement, Sean’s clients achieve superior outcomes because adversaries offer better
terms to avoid facing Sean at trial. Sean often jumps into the fray on short notice. For example, he
stepped in to take over the defense of a foreign company in an international arbitration nine days
before the merits hearing; came aboard shortly before trial to help the Kramer Levin team try a
complex merger contract dispute that resulted in a $600 million settlement for client Johnson &
Johnson following closing arguments; and was retained just weeks before trial to serve as co-
counsel for Fabrice Tourre, the former Goldman Sachs trader accused of securities fraud by the
Securities and Exchange Commission (SEC).

Prior to joining Kramer Levin, Sean was co-managing partner of one of the nation’s preeminent
plaintiffs’ litigation firms (Bernstein Litowitz Berger & Grossmann LLP), where he led trial teams that
obtained almost $10 billion in recoveries, including more than $6 billion in the landmark WorldCom
case for the New York State Common Retirement Fund and other investors. Companies and
corporate executives facing shareholder litigation find invaluable the unique insights offered by this
former plaintiffs’ lawyer, once labeled “Wall Street’s New Nemesis” by Bloomberg Markets
magazine. Chambers USA lauds Sean for his legal acumen, experience and approach, quoting
sources who describe him as both a “really excellent lawyer” and a “smart guy who will put in the
hard work,” and who recognize his litigation savvy: “Shareholder litigation is his real forte. There is a
real dynamic of how a case proceeds, and he understands that inside out” (2021). Sean “brings

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Prior results do not guarantee a similar outcome.                                              All Rights Reserved.

unique perspective as a former plaintiffs’ lawyer” (2020), and clients see him as “an exceptional
resource and trusted adviser” who “brings his significant experience in acting for plaintiffs to bear
when defending corporate clients against large-scale securities class actions” (2019).

In addition to serving as chair of Kramer Levin’s Complex Litigation department, Sean is a key
member of the firm’s Lawyer Ethics and Liability practice group.

Earlier in his career, Sean served as an assistant U.S. attorney in the Southern District of New York,
where he tried over a dozen jury cases to verdict. He also co-founded and served as managing
director of a commercial litigation finance investment firm that evaluated scores of complex
business disputes.

A U.S. Naval Academy graduate, Sean served as an active-duty naval flight officer hunting Soviet
submarines during the Cold War and as a junior staff officer at the Joint Chiefs of Staff in the
Pentagon (at which time he entered the evening J.D. program at Georgetown Law). Near the end of
his first year of law school, Sean was selected by the Navy and the White House to serve as the
personal military assistant to Vice President George H.W. Bush. With the vice president’s
encouragement, then-Lt. Coffey continued his law studies while serving as Bush’s personal aide.
After leaving active duty and completing the evening J.D. program, Sean returned home to New
York to pursue a legal career. While practicing law as a big-firm associate, assistant U.S. attorney
and aspiring law partner, Sean continued to serve as a reserve Navy officer. In 18 years of reserve
service, Sean was selected to command a reserve P-3C Orion squadron (Patrol Squadron 92) and
the reserve component of the USS Enterprise carrier battle group staff. Sean retired as a captain in
2004 after 30 years of uniformed service.

In 2010, Sean ran a spirited but unsuccessful campaign as the reform candidate in the five-way race
for the Democratic nomination for New York attorney general. He currently serves as president of
the Federal Bar Foundation and on the boards of several nonprofits, including the Holocaust and
Human Rights Education Center, Georgetown Law’s Board of Visitors and ThanksUSA.

Experience
 Routinely represents high-profile individuals and senior corporate executives in sensitive matters
  well suited for Sean’s broad range of experience. Recent and/or current clients include former
  Yahoo CEO Marissa Mayer; Pershing Square Capital Management CEO Bill Ackman; BlackRock
  Chairman and CEO Larry Fink; cybersecurity pioneer John McAfee; Broadway theater magnate
  Robert Nederlander; MacAndrews & Forbes Chairman and CEO Ronald Perelman; and an Oscar-
  winning Hollywood superstar/philanthropist.

 Recently completed a “virtual” trial by Zoom in Delaware Chancery Court, where Kramer Levin
  represented a litigation trust that sued former officers and inside directors for breaches of
  fiduciary duties and other claims.

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                      2

 Representing Pershing Square Capital Management in a breach of contract case. Sean had
  previously represented Pershing Square and its founder, Bill Ackman, in defense of a purported
  multibillion-dollar securities class action brought in federal court in California.

 Representing VEON Ltd., a Netherlands-based telecommunications firm, in defense of a
  securities fraud class action that was filed in federal court in New York after the company settled
  a separate Foreign Corrupt Practices Act investigation.

 Representing a senior executive in connection with an internal investigation at a global financial
  institution.

 Representing several former directors of a defunct telecommunications company with regard to
  litigation threatened by a litigation trustee.

 Representing a senior executive in connection with an employment dispute at a cryptocurrency
  company.

 Has represented BlackRock in a number of matters, including a shareholder dispute in Delaware
  Chancery Court, achieving a favorable settlement shortly after discovery had commenced.

 Represented MGT Capital in connection with a flurry of litigation, including securities and
  derivative litigation as well as a defamation suit. In the course of several months, Sean led teams
  that persuaded the defamation plaintiff to drop his case; won dismissal of the most significant
  claims brought by a group of investors in a potential MGT acquisition target (then persuaded
  those plaintiffs to drop their one remaining claim); won a dismissal with prejudice of one
  securities fraud class action and settled a second; and negotiated settlements of a spate of
  related state and federal derivative cases that resulted in a net payment to MGT. Sean also helped
  MGT respond to multiple subpoenas served by the SEC in connection with that agency’s probe of
  third parties.

 Represented a prominent hedge fund in a dispute brought by former employees over fund
  economics and intellectual property. The dispute settled on favorable terms for Kramer Levin’s
  client shortly after Sean’s team filed counterclaims against the former employees.

 Represented Burford Capital, the world’s largest litigation funder, in defense of a securities fraud
  class action filed in the wake of a negative report put out by a short trader. Shortly after being
  retained, Sean persuaded plaintiffs’ counsel to withdraw the suit without the need to file a
  motion to dismiss.

 Represented three former executives of a privately held drug manufacturing company who sued
  to enforce the principal shareholder’s agreement to split ownership of the company with
  them. The multiweek arbitration resulted in a damage award for our vindicated clients.

 Represented Ocwen Financial Corp., a major financial institution that faced an onslaught of civil
  litigation and regulatory investigations over the past several years. In addition to successfully

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                      3

resolving three separate SEC investigations, Sean served as lead counsel defending the company
  and its CEO, CFO and former chairman in several major securities class actions and opt-out
  lawsuits. Sean’s team successfully obtained a dismissal with prejudice of two securities class
  actions brought against Ocwen, one of which had been filed by the plaintiffs’ firm he formerly co-
  managed. In 2017, Sean and his Kramer Levin trial team took both a billion-dollar securities class
  action and a nine-figure opt-out case to within days of trial, facilitating highly favorable
  settlements for Ocwen in each instance. Sean has also advised the company in connection with
  various shareholder demand letters, books and records requests, and derivative litigation, as well
  as the termination of a monitorship imposed pursuant to a 2014 consent decree with New York’s
  Department of Financial Services. Most recently, Sean argued an appeal in the Eleventh Circuit
  Court of Appeals, which in a seminal opinion unanimously affirmed the dismissal with prejudice
  of one of the securities class actions Sean’s team had succeeded in getting dismissed at the
  pleading stage.

 Represented a small financial services firm in contract disputes with former business
  counterparties including a national exchange. Sean and his team thrice fended off one plaintiff’s
  short-fuse demands for temporary restraining orders that could have significantly undermined
  the client’s business. Sean and his team conducted a related multiweek bench trial in federal
  court in New York.

 Served (together with Kramer Levin partner Harold P. Weinberger) as trial counsel for Johnson &
  Johnson in a bench trial against Guidant Corp. in the Southern District of New York. Shortly after
  closing arguments were heard, Guidant’s parent company, Boston Scientific Corp., agreed to pay
  Johnson & Johnson $600 million to settle the case before the court issued its opinion.

 Represented Third Avenue Management (TAM) and several of its senior officers in defense of
  securities and derivative lawsuits filed after TAM’s Focused Credit Fund ceased operations in
  December 2015. The settlements were facilitated in large part by Sean’s long-standing
  relationships with lawyers for the plaintiffs.

 Represented a non-U.S. company facing a potential default judgment before an arbitration panel
  of the International Chamber of Commerce. Retained nine days before trial to serve as trial
  counsel, Sean assured the panel at the merits hearing that the Kramer Levin team was prepared
  to proceed on the merits as scheduled, prompting his adversary to request an adjournment. The
  case was later resolved on favorable terms after approximately six days of hearings.

 Represented a former senior partner of a law firm suing his former firm for breach of contract
  and breach of fiduciary duties, among other claims, in a six-week JAMS arbitration hearing.

 Represented Frederick’s of Hollywood in several derivative actions challenging a going-private
  transaction. Sean’s familiarity with the plaintiffs’ firms and their litigation strategies proved
  invaluable in reaching a settlement that provided for the transaction to close with no additional
  consideration paid to minority shareholders.

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                    4

 Represented a nationally prominent billionaire in a dispute over management of a health-related
  nonprofit.

Experience Prior to Joining Kramer Levin
 Represented the New York State Common Retirement Fund and thousands of other institutional
  and retail investors as co-lead plaintiff’s counsel in the seminal WorldCom Securities litigation,
  leading the team that obtained a record $6.15 billion in total settlements. The case culminated in
  Sean acting as lead trial counsel in a four-week trial in the Southern District of New York, securing
  the final settlement just days before closing arguments.

 Represented a bankruptcy trustee in pursuing litigation claims arising from the collapse of the
  Baptist Foundation of Arizona. Sean served as co-lead counsel for the team that recovered more
  than $240 million for the trust, including a $217 million settlement achieved during the second
  week of trial in Phoenix Superior Court.

 Represented a law firm defending alleged malpractice and abuse of process claims.

 Represented a law firm in a dispute with former partners.

 Represented Xerox Corp., defending the company against a lease-related dispute that threatened
  to cripple its manufacturing capacity. The litigation over several leased equipment lines (and the
  plaintiff owner’s demand for repossession) went to trial in New York State Supreme Court, where
  the judge ordered a directed verdict for Xerox after Sean completed his cross-examination of the
  plaintiff.

 Represented Fabrice Tourre, the former Goldman Sachs trader accused of securities fraud,
  providing a defense in the case brought by the SEC. Retained to serve as co-lead counsel shortly
  before the highly publicized trial was to begin, Sean helped secure a split verdict after three
  weeks of trial.

 Served as principal deputy to Investigations Officer Michael Chertoff, who had been appointed by
  the Southern District of New York to identify and remove officials in New York’s Mason Tenders
  union who were affiliated with organized crime. Sean was lead counsel at several arbitrations
  that resulted in the expulsion of tainted union officials.

 Represented investors and secured settlements as plaintiffs’ counsel in notable securities cases,
  including Nortel Corp. ($1.3 billion), Delphi Corp. ($128 million), Refco Capital ($140 million),
  HealthSouth Corp. ($445 million), Freddie Mac ($410 million), Converium Ltd. ($140 million) and
  Pediatrix Inc. ($12 million).

 Served as co-lead trial counsel for Flagstar in a weeklong trial over the proper interpretation of an
  indenture in bankruptcy court in South Carolina.

 Represented a major New York-based real estate manager facing claims of racial discrimination
  and sexual harassment in New York state court. Brought in on the eve of trial, Sean previewed for

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                       5

the court and the plaintiffs his prospective attack on the plaintiff’s “best” evidence (a tape
  recording of the purported victim and the defendant’s manager) at a pretrial conference,
  resulting in a settlement for nuisance value.

 Defended City of Hope, a prominent nonprofit cancer research hospital, in a defamation lawsuit
  filed in New York state court by one of the hospital’s former fundraisers.

 Represented a subsidiary of Dep in defense of alleged trademark infringement claims relating to
  cosmetics products.

Perspectives
Publications
 Co-author, Supreme Court to Review Whether PSLRA Automatic Stay of Discovery Applies in
  Securities Act Cases Filed in State Court (July 09, 2021)

 Co-author, Supreme Court Rules That All Relevant Evidence of Price Impact Matters at Class
  Certification Stage (June 25, 2021)

 Co-author, California Federal Court Enforces Delaware Forum Bylaw and Dismisses Derivative
  Shareholder Suit Including Exchange Act Proxy Claims (May 05, 2021)

 Co-author, Two Additional California Courts Dismiss Securities Act Claims in Favor of Federal
  Forum Selection Provisions (Dec. 23, 2020)

 Co-author, Delaware Supreme Court Holds That Stockholders Need Ordinarily Only Identify a
  ‘Credible Basis’ for Possible Wrongdoing, Not ‘Actionable Misconduct,’ to Establish a ‘Proper
  Purpose’ for a Section 220 Books and Records Demand (Dec. 16, 2020)

 Co-author, Supreme Court Grants Certiorari in Long Running Securities Class Certification
  Dispute (Dec. 16, 2020)

 Author, California Superior Court Dismisses Securities Act Claims in Favor of Federal Forum
  Selection Provision in Company’s Charter (Sept. 10, 2020)

 Co-author, Delaware Court of Chancery Confirms Directors’ Right to Access Company’s Privileged
  Information (Aug. 31, 2020)

 Co-author, COVID-19 Legal Resource Guide, Insider Trading and COVID-19: Navigating Regulatory
  Scrutiny During the Pandemic (June 03, 2020)

 Co-author, Second Circuit Panel Rejects Attempt to Narrow Inflation-Maintenance Securities
  Fraud Theory; Splits on Decision to Affirm Shareholder Class Certification on Rebutting Basic
  Presumption (April 14, 2020)

 Co-author, COVID-19 Legal Resource Guide, Update: Massachusetts and Ohio Join New Jersey in
  Considering Expanded Business Interruption Insurance Coverage (April 02, 2020)

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                 6

 Co-author, COVID-19 Update: Litigation Issues in the Midst of COVID-19 (March 25, 2020)

 Co-author, COVID-19 Legal Resource Guide, Litigation Issues in the Midst of COVID-19 (March 25,
  2020)

 Co-author, The Supreme Court Broadens Liability for False Statements Under Rule 10b-5 to
  “Disseminators” (April 02, 2019)

 Co-author, Supreme Court to Resolve Recent Circuit Split Over Whether
   Section 14(e) of the Exchange Act Requires Proof of Scienter (Jan. 11, 2019)

 Co-author, Supreme Court Upholds Strict Time Limit in Federal Securities Class Actions (June 28,
  2017)

 Co-author, Securities Litigation Alert: Supreme Court Addresses Pleading Standards Applicable to
  Section 11 Claims Based on Statements of Opinion (March 27, 2015)

 Co-author, Securities Litigation and Corporate Governance Alert: Delaware Supreme Court
  Recognizes Exception to Attorney-Client Privilege in a Section 220 Books-and-Records Action
  (Aug. 21, 2014)

 Co-author, Securities Litigation Alert: Supreme Court Holds That Defendants May Use Price
  Impact Evidence to Rebut the Fraud on the Market Doctrine at the Class Certification Stage in
  Federal Securities Fraud Actions (June 24, 2014)

 Co-author, Litigation and Corporate Governance Alert: Delaware Supreme Court Finds Fee-
  Shifting Bylaw Presumptively Valid (May 20, 2014)

 Co-author, Securities Litigation Alert: Supreme Court to Resolve Uncertainty Over Time Limits to
  Bring Claims in Federal Securities Class Actions (March 14, 2014)

Speaking Engagements
 Speaker, Is the Grass Always Greener? Dispute Resolution in Ireland and New York (March 21,
  2016)

 Chair, Federal Bar Council: 2015 Winter Bench & Bar Conference (Feb. 14, 2015)

 Speaker, Internet Society-New York Chapter Program: “From Bleak House to Geek House:
  Evolving Law for Entrepreneurial Lawyers” (April 04, 2014)

 Speaker, Federal Bar Council: 2014 Winter Bench & Bar Conference (Feb. 14, 2014)

Recognition
 Chambers and Partners’ Chambers USA (2016 – 2021)

 Legalease’s Legal 500 US (2014 – 2021)

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                  7

 Euromoney Institutional Investor PLC’s Benchmark Litigation (2020 — 2022)

 Woodward White Inc.’s Best Lawyers in America* (2015 – 2021)

 Thomson Reuters’ New York Super Lawyers* (2006 – 2009, 2014 – 2021)

 Common Cause New York's John Gardner Lifetime Achievement Award (2019)

 Irish America’s Business 100 (2018, 2019)

 Marvin Frankel Pro Bono Award (2016, 2018, 2019)

 National Law Journal Litigation Trailblazer (2017)

 Kerry Heritage Achievement Award (2016)

 New York State Bar Association’s Empire State Counsel Honor (2015)

 Irish Legal 100 (2009 – 2010, 2013)

 Bernard J. Rosenshein Courage to Care Award (2013)

 Georgetown University Law Center Paul R. Dean Award (2012)

 Learned Hand Award (2012)

 Champions of Children Award (2011)

 National Law Journal's Top Ten Trial Lawyers (2005)

 Thurgood Marshall Award (1998)

 Military Decorations – Meritorious Service Medal, Command-at-Sea Badge, Vice Presidential
  Service Badge, Joint Service Commendation Medal and Navy Pistol Expert Medal

Credentials
Education
 J.D., magna cum laude, Georgetown University Law Center, 1987

     Order of the Coif

     Articles Editor, Georgetown Law Journal

     Charles A. Kiegwin Award (highest grades by a first-year evening student)

     Two American Jurisprudence Awards (Constitutional Law and Torts)

 B.S., Ocean Engineering, with merit, United States Naval Academy, 1978

Bar Admissions
 New York, 1988

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                           8

 New Jersey, 1999

Court Admissions
 U.S.C.A., 2nd Circuit

 U.S.C.A., 3rd Circuit

 U.S.D.C., Eastern District of New York

 U.S.D.C., Southern District of New York

 U.S.D.C., Western District of New York

 U.S.D.C., District of New Jersey

 U.S.D.C., Eastern District of Michigan

 U.S. Supreme Court

Professional Affiliations
 Federal Bar Foundation, President

 New York State Bar Association

 Georgetown University Law Center, Board of Visitors

 Holocaust and Human Rights Education Center, Board Member

 Citizens Crime Commission, Lawyers Council

 ThanksUSA, Board Member

 Sun Valley Music Festival, Director

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