JACQUELINE SAILER, a partner, was admitted to the bars of Delaware in 1990, the United States District Court for the District of Delaware in 1991, the State of New York and the United States District Courts for the Southern and Eastern Districts of New York in 1996, the United States Court of Appeals for the Sixth Circuit and the United States District Court for the District of Colorado in 1997, the United States Court of Appeals for the Second Circuit in 1998, and the United States Supreme Court in 2005. She graduated with honors from Smith College with a B.A. degree in 1985. She received a J.D. degree from St. John's University School of Law in 1990. Ms. Sailer is fluent in French. She is a member of the Federal Bar Council; member, New York State Bar Association; and member, Association of the Bar for the City of New York, including the Sex and Law Committee, 1996-1999. Ms. Sailer is the co-author of Loss Causation Pleading Standard, NEW YORK LAW JOURNAL (Feb. 25, 2005) and Preclusive Effect of Securities Laws on Antitrust Actions, NEW YORK LAW JOURNAL (Jan. 7, 2010).

Ms. Sailer's litigation experience and case responsibilities span all phases of a lawsuit, from pre-filing investigation, to motion, trial, and appellate practice. She was responsible for the recovery of $40 million worth of benefits for a plaintiff class of wireless consumers in a consumer class action, Naevus Int'l, Inc. v. AT&T Corp. Her major reported cases as lead counsel include Naevus Intl., Inc. v. AT&T Corp., 713 N.Y.S.2d 642 (Sup. Ct. New York Co. 2000) (establishing limits on the reach of the Federal Communications Act on state consumer fraud claims), in which she successfully argued against a motion to dismiss on behalf of a class of current and former subscribers to AT&T's wireless service; and a federal securities class action, Kinney v. Metro Global Media, Inc., 170 F. Supp. 2d 173 (D.R.I. 2001) (addressing the pleading standard for fraud under the Private Securities Litigation Reform Act of 1995 for claims against an auditor, an issue of first impression in the District of Rhode Island), in which she successfully argued and opposed an auditor's motion to dismiss claims under Section 10(b) of the Securities Exchange Act of 1934; Baffa v. Donaldson, Lufkin & Jenrette Securities Corp., 999 F. Supp. 725 (S.D.N.Y. 1998) (denying underwriters' motion to dismiss securities fraud claims). At the fairness hearing in Metro Global, Judge Lisi expressed an "appreciation for how difficult this case was for all sides, for how hotly contested many of the issues in this case were from the get-go and how reaching a settlement, given all of those considerations, was particularly difficult; so I commend all of you for persevering in the efforts that you made toward reaching a settlement . . . [and] for achieving what I find to be a fair, adequate and reasonable result[.]"

Recent case development:

The Plaintiff in West Virginia Investment Management Board v. RALI, et al., in which Ms. Sailer serves as lead plaintiff's counsel, has obtained a favorable decision in which the United States District Court for the Southern District of West Virginia held that for purposes of federal court jurisdiction, the West Virginia Investment Management Board ("Investment Management Board") should be treated as the State for purposes of diversity jurisdiction.  The federal court ordered the case remanded to West Virginia state court.  In so doing, the court agreed with MFS's argument that removal of the lawsuit was improper because federal jurisdiction over the state claims had not been shown.  In general, a state is not a "citizen" for purposes of diversity jurisdiction.  Here the debate focused on whether the Investment Management Board was an arm of the State.  The court concluded that the Investment Management Board ultimately acts as an extension of the State in managing public funds benefitting public employees, employers and agencies, even though it is permitted to function with a certain amount of independence so that it can manage its investments with the requisite fiduciary care.