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Christopher Palermo
D: (914) 298-3032  
cpalermo@harrisbeach.com

Christopher C. Palermo

  Member

(914) 298-3032
  cpalermo@harrisbeach.com
“Clients count on me to develop and implement strategies to resolve their complex commercial litigation and product liability disputes creatively and efficiently while advancing their business interests.”
  • EPA Announces Perchloroethylene and Trichloroethylene Pose an Unreasonable Risk to Human Health
Profile
Representative Matters
Professional and Civic
Areas of Experience
Admissions
Education
Location
Publications and Events

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

Business and Commercial Litigation
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Medical and Life Sciences

Admissions

New York

U.S. Court of Appeals, Second Circuit

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Southern District

Georgetown University Law Center

JD 
1987
cum laude

Princeton University

BA 
1984
cum laude

Location

New York, NY Office
White Plains, NY Office
Insights
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
News
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
Events
November 17, 2021

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

Chris Palermo will moderate a webinar in partnership with the New York State Bar Association on, “State Drug Price Transparency Laws And Imp
January 16, 2019

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

Patent guidelines and recommendations vary by discipline, from molecules to devices to computer codes. Digital innovation is a necessity for
October 24, 2018

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

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

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)

All Insights, All Publications, Legal Alert |
 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...read more
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Christopher C. Palermo

cpalermo@harrisbeach.com
D: (914) 298-3032
New York, NY Office
White Plains, NY Office
Christopher Palermo
https://www.harrisbeach.com/people/palermo-christopher-c/

■ Areas of Expertise

Legal Practices

Business and Commercial Litigation Legal Practice
Mass Torts and Industry-Wide Litigation Legal Practice
Product Liability and Comprehensive General Liability Legal Practice

Industry Teams

Medical and Life Sciences Industry Team

■ Profile

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

■ Admissions

  • Super Lawyers, Business Litigation, 2007, 2009-Present

■ Education

Georgetown University Law Center
 ,JD
 ,1987
 ,cum laude
Princeton University
 ,BA
 ,1984
 ,cum laude

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 28, 2023 3:14 am
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