Palermo, Christopher C.

Chris brings 30 years of experience helping clients to resolve complex commercial and other civil and regulatory disputes, including defending against mass tort and product liability actions, federal and state government enforcement actions and consumer class actions. Chris has regularly represented clients in state and federal regulatory matters, including civil litigation and government investigations brought by state Attorneys General, Federal Trade Commission antitrust investigations, National Transportation Safety Board accident investigations and securities fraud investigations brought by the U.S. Securities and Exchange Commission.

Representative Matters

Mass Tort and Industry-Wide Litigation

Represented subsidiary of Fortune 100 international chemical manufacturer in two dozen lawsuits involving more than 200 individual claimants alleging multiple birth defects, wrongful death and personal injuries allegedly caused by worker exposure to various toxic photoresist chemicals used in semiconductor microchip manufacturing process.
Defended manufacturer of resin used to make polyethylene pipe in action seeking indemnification for wrongful death claims, personal injuries and property damage arising from building explosion. Plaintiff, a large utility, also sought to recover for replacement of hundreds of miles of polyethylene pipe throughout its system. Represented client in related National Transportation Safety Board investigation into the explosion.

Government Investigations, False Claims Act Defense and Litigation Involving Allegations of Fraud

Lead counsel defending defense industry sub-contractor in False Claims Act litigation relating to manufacture and sale of component parts. Motion to dismiss granted and affirmed by Second Circuit.
Represented two generic pharmaceutical manufacturers in more than 30 actions brought by the U.S. Department of Justice, state Attorneys General and whistleblowers under the federal False Claims Act, state false claims acts and consumer protection statutes seeking billions in damages relating to reimbursement for pharmaceuticals under Medicare and Medicaid.
Represented pharmaceutical manufacturer responding to civil investigative demand from Federal Trade Commission in connection with investigation of so-called “reverse payment” settlements of patent litigation under the Hatch-Waxman Act.
Advised pharmaceutical manufacturer responding to subpoenas, civil investigative demands and informal requests for information from federal and state agencies, including the Department of Justice, the Office of the Inspector General for the Department of Health and Human Services, the Federal Trade Commission and the Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce in connection with government investigations into marketing, sales and pricing practices.
Represented a manufacturer in seven class actions consolidated in federal multi-district litigation, two class actions in New Jersey Superior Court, and a class action in Arizona Superior Court, alleging violations of consumer protection statutes in connection with drug sales and drug pricing. Obtained dismissal of New Jersey and Arizona actions and successfully resolved all claims in multidistrict litigation through a multiparty mediation.
Defended multimillion-dollar fraud action arising out of the sale of PCB transformer reclassification business. Achieved favorable settlement before completion of discovery.

Business and Commercial Litigation

Represented a director of one of the Government-Sponsored Enterprises (“GSE”) in shareholders’ derivative actions consolidated in multidistrict litigation in U.S. District Court for the District of Columbia. The cases alleged violations of a number of accounting rules relating to mortgages, and arose out of an investigation into accounting practices at Fannie Mae by the Office of Federal Housing Enterprise Oversight. The complaints also alleged claims relating to the directors’ actions in connection with the termination of the company’s former CEO and CFO. The district court granted defendants’ joint motion to dismiss and the U.S. Circuit Court of Appeals for the District of Columbia affirmed the dismissal.
Represented a former officer of a global corporation that owns numerous supermarket and food service concerns in one of the largest securities fraud class actions ever filed. The cases were consolidated in multidistrict litigation in U.S. District Court for the District of Columbia. Claims related to the restatement of $1.2 billion in net income as a result of alleged fraud at one of the corporation’s subsidiaries, as well as other allegations of accounting irregularities.
Prosecuted action for injunctive relief against former franchisee for misuse of confidential information and for breach of non-compete agreement.
Prosecuted action for injunctive relief against former VP of Information Technology for disclosure of confidential computer databases to prime competitor and for breach of non-compete agreement. .
Represented major life insurance companies, banks and other lending institutions in connection with foreclosures of various commercial real estate mortgage loans.
Represented commercial tenant in lease agreement dispute.
Represented foreign bank in breach of contract action seeking recovery of funds advanced under letter of credit agreement and personal guaranty.
Represented bank issuing letter of credit in action seeking recovery from advising bank for wrongfully honoring documents presented to it by beneficiary under letter of credit agreement.
Represented receiver of bank in action seeking recovery under note and guaranty.
Defended securities broker-dealer in civil damages action pending in U.S. District Court for Southern District of New York alleging federal securities fraud, common law fraud and breach of fiduciary duty in connection with international investment transaction. Represented broker-dealer and numerous corporate witnesses in connection with related SEC investigation.

Professional and Civic

Commercial Division Advisory Council, member, 2013-Present: Appointed by Jonathan Lippman, then-Chief Judge of the State of New York. Council is made up of New York state court judges, litigators and in-house counsel to advise the Chief Judge about matters concerning the Commercial Division of the Supreme Court of the State of New York, the branch of the court system that handles complex commercial disputes. Served on Advisory Council’s Alternative Dispute Resolution Committee
New York State Commercial Courts Task Force, secretary, 1995: The Commercial Courts Task Force was established by then-Chief Judge Judith S. Kaye to create and refine the Commercial Division of the Supreme Court of the State of New York.
New York State Bar Association, member
- Commercial and Federal Litigation Section, member
- Food Drug and Cosmetic Law Section, Executive Committee, member, 2016-Present
- House of Delegates, member, 2018-present
Westchester Biotech Project, co-chair, Roundtable on Intellectual Property for the Life Sciences
Georgetown University Law Center National Law Alumni Board, past member
Princeton University Alumni Council, past member

Recognition

Super Lawyers, Business Litigation, 2007, 2009-Present

Legal Practices

Member of:

Business and Commercial Litigation

Mass Torts and Industry-Wide Litigation

Product Liability and Comprehensive General Liability

Industry Teams

Member of:

Medical and Life Sciences

Georgetown University Law Center

1987

cum laude

Princeton University

1984

cum laude

June 6, 2023

All That Matters is What You Believe – At Least in a False Claims Act Case

Supreme Court ruling could impact evaluation of False Claims Act cases.

February 24, 2023

EPA Announces Perchloroethylene and Trichloroethylene Pose an Unreasonable Risk to Human Health

The EPA proposes risk management plans to contain harmful chemicals, Perchloroethylene and Trichloroethylene

May 25, 2023

Partner Chris Palermo Reviews Business and Commercial Litigation in Federal Courts Treatise in the May Issue of Westchester Lawyer

Chris Palermo reviews the Fifth Addition of Business and Commercial Litigation in Federal Courts in the May issue of Westchester Lawyer.

December 19, 2021

Chris Palermo Reviews Commercial Litigation in New York State Courts for Westchester County Bar

Partner Chris Palermo authored a review of the 5th Edition of Commercial Litigation in New York State Courts, published in the December issu

October 31, 2021

Partner Chris Palermo Co-Authors Bar Association Update on Vaccine Mandate Challenges

In various places throughout the country, and here in New York, state and local governments have adopted COVID-19 vaccine mandates. But the

October 13, 2021

Harris Beach Attorneys Recognized in 2021 Edition of New York Metro Super Lawyers

Attorneys from Harris Beach PLLC offices in New York City, White Plains and on Long Island have been named to the 2021 edition of the New Yo

January 1, 2021

Harris Beach PLLC Elects Nine New Partners

Attorneys Mathew T. Dudley, Ross B. Hofherr, Kirstie A. Means, Tyler A. O’Reilly, Christopher C. Palermo, Michelle K. Piasecki, Jaime L. Reg

November 12, 2019

79 Attorneys from Harris Beach Named to 2019 Super Lawyers List

A total of 79 Harris Beach PLLC attorneys have been named to the 2019 edition of Super Lawyers, a peer-based rating service that recognizes

September 21, 2018

Economic Development Spurs Harris Beach Growth in White Plains

A surge of development in Westchester County and other areas in the Hudson Valley is driving demand for a range of ancillary business servic

August 7, 2018

Harris Beach Expands White Plains Office

Harris Beach expands its White Plains office with the hiring of two new senior counsel to serve clients in the areas of public finance, eco

Chris Palermo Moderating New York State Bar Association Webinar on State Drug Price Transparency Laws And Impacts On Manufacturers, Pharmacies, Patients

October 27, 2021

Chris Palermo will moderate a webinar in partnership with the New York State Bar Association on, “State Drug Price Transparency Laws And Imp

Chris Palermo Moderating and Laura Smalley Presenting at Westchester Biotech Project Webinar

January 24, 2019

Patent guidelines and recommendations vary by discipline, from molecules to devices to computer codes. Digital innovation is a necessity for

Laura Smalley Presenting and Chris Palermo Moderating Westchester Biotech Project Roundtable on Intellectual Property

January 24, 2019

Intellectual Property Issues for Bioinformatics and Health Information Management Entrepreneurs. Patent guidelines and recommendations vary

Publication: Practical Law International Sales and Marketing Guide (Thomson Reuters, 2013-Present)

Moderator: Medical Devices Panel (New York State Bar Association, Food, Drug and Cosmetic Law Section Annual Meeting, January 2018)

Moderator: Integrated Courtroom Technology: Evidence Presentation and Video Conferencing in the Courts (Westchester County Bar Association, January 2018)

October 20, 2017

Publication: NY Commercial Division Rule Changes Promote ADR Use

Speaker: Update on Reverse Payment Litigation 3 Years after FTC v. Actavis (New York State Bar Association Food, Drug and Cosmetic Law Section Annual Meeting (January 2017)

Speaker: Drug Pricing Developments: Litigation, Investigations and Proposed Legislation (New York State Bar Association Food, Drug and Cosmetic Law Section Annual Meeting, January 2017)

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Christopher C. Palermo

Member

Georgetown University Law Center

Princeton University

Publication: Practical Law International Sales and Marketing Guide (Thomson Reuters, 2013-Present)

Moderator: Medical Devices Panel (New York State Bar Association, Food, Drug and Cosmetic Law Section Annual Meeting, January 2018)

Moderator: Integrated Courtroom Technology: Evidence Presentation and Video Conferencing in the Courts (Westchester County Bar Association, January 2018)

Speaker: Update on Reverse Payment Litigation 3 Years after FTC v. Actavis (New York State Bar Association Food, Drug and Cosmetic Law Section Annual Meeting (January 2017)

Speaker: Drug Pricing Developments: Litigation, Investigations and Proposed Legislation (New York State Bar Association Food, Drug and Cosmetic Law Section Annual Meeting, January 2017)

Christopher C. Palermo

■ Areas of Expertise

Legal Practices

Industry Teams

■ Profile

■ Representative Matters

■ Professional and Civic

■ Admissions

■ Education

Offices throughout New York:

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