Berman Tabacco

Jay Eng

Of Counsel

Jay Eng

Jay Eng is of counsel in the Boston office of Berman Tabacco. For nearly 20 years, Jay has zealously represented individuals and institutional investors seeking financial justice in forums throughout the nation. In particular, Jay has litigated class action and individual financial fraud cases in state and federal trial courts and in arbitration proceedings before the Financial Industry Regulatory Authority (FINRA). He has also advocated for his clients in Florida appellate courts and federal appellate tribunals. Jay is a senior member of the firm’s New Case Investigation Team that identifies and analyzes potential securities law violations to determine whether the claims meet the firm’s rigid standards.

Before joining the firm, Jay defended corporate clients in business and commercial disputes and defended registered representatives and broker-dealers in customer disputes. He served as a law clerk in United States District Court for the Southern District of Florida and as a trial court staff attorney in Florida circuit court. These experiences provide unique perspectives of how his adversaries and judges think.

Jay is an editor on the Public Investors Arbitration Bar Association (PIABA) Law Journal and serves as a FINRA arbitrator deciding investment-related disputes. He is rated AV Preeminent® by Martindale-Hubbell® (the highest rating available) and has been recognized as a “Rising Star” by Florida Super Lawyers magazine.

Experience

  • Represented individuals in White v. Heartland High-Yield Municipal Bond Fund, No. 00-C-1388 (E.D. Wis.), which was one of the first cases to go to trial after the passage of the Private Securities Litigation Reform Act of 1995. Following three weeks of trial, the firm obtained an $8.25 million settlement against PricewaterhouseCoopers.
  • Represented institutional investors in In re IndyMac Mortgage-Backed Securities Litigation, No. 09-Civ. 04583 (S.D.N.Y.), which resulted in settlements totaling $346 million in connection with claims concerning the misrepresentation of loan underwriting practices.
  • Represented a public pension fund in In re El Paso Securities Litigation, H-02-2717 (S.D. Tex.), which involved claims against El Paso stemming from misrepresentations of its natural gas and oil reserves. This case resulted in a settlement totaling $285 million.
  • Represented a public pension fund in In re Reliant Securities Litigation, No. 02-cv-1810 (S.D. Tex.), against Reliant Energy, and later its subsidiary, Reliant Resources, in connection with accounting improprieties in the energy trading business. The firm negotiated a $75 million cash settlement from the company and its accountant.
  • Represented the California Public Employees’ Retirement System in California Public Employees’ Retirement System v. Moody’s Corp., No. CGC-09-490241 (Cal. Super. Ct. San Francisco County). The firm achieved settlements in the total amount of $255 million.
  • Represented individuals in In re Digital Domain Media Group, Inc. Securities Litigation, No. 12-14333-CIV (S.D. Fla.), a securities class action stemming from the rapid collapse of the digital production company Digital Domain Media Group, Inc., which filed for bankruptcy less than one year after going public. The firm recovered $5.5 million in a complex global settlement.
  • Represented investment professionals and broker-dealers in customer-broker and industry disputes in FINRA arbitration matters, including claims concerning fraud and misrepresentation, breach of fiduciary duty, suitability, selling-away, limited partnerships, structured products, 1031 TICs, and REITs.

Publications, Presentations & Appearances

Jay Eng Of Counsel
Boston
One Liberty Square
Boston, MA 02109

Jay Eng is of counsel in the Boston office of Berman Tabacco. For nearly 20 years, Jay has zealously represented individuals and institutional investors seeking financial justice in forums throughout the nation. In particular, Jay has litigated class action and individual financial fraud cases in state and federal trial courts and in arbitration proceedings before the Financial Industry Regulatory Authority (FINRA). He has also advocated for his clients in Florida appellate courts and federal appellate tribunals. Jay is a senior member of the firm’s New Case Investigation Team that identifies and analyzes potential securities law violations to determine whether the claims meet the firm’s rigid standards.

Before joining the firm, Jay defended corporate clients in business and commercial disputes and defended registered representatives and broker-dealers in customer disputes. He served as a law clerk in United States District Court for the Southern District of Florida and as a trial court staff attorney in Florida circuit court. These experiences provide unique perspectives of how his adversaries and judges think.

Jay is an editor on the Public Investors Arbitration Bar Association (PIABA) Law Journal and serves as a FINRA arbitrator deciding investment-related disputes. He is rated AV Preeminent® by Martindale-Hubbell® (the highest rating available) and has been recognized as a “Rising Star” by Florida Super Lawyers magazine.

Education
  • Tulane Law School (J.D., 1998)
  • Florida State University (B.S., Economics, 1994)
Experience
  • Represented individuals in White v. Heartland High-Yield Municipal Bond Fund, No. 00-C-1388 (E.D. Wis.), which was one of the first cases to go to trial after the passage of the Private Securities Litigation Reform Act of 1995. Following three weeks of trial, the firm obtained an $8.25 million settlement against PricewaterhouseCoopers.
  • Represented institutional investors in In re IndyMac Mortgage-Backed Securities Litigation, No. 09-Civ. 04583 (S.D.N.Y.), which resulted in settlements totaling $346 million in connection with claims concerning the misrepresentation of loan underwriting practices.
  • Represented a public pension fund in In re El Paso Securities Litigation, H-02-2717 (S.D. Tex.), which involved claims against El Paso stemming from misrepresentations of its natural gas and oil reserves. This case resulted in a settlement totaling $285 million.
  • Represented a public pension fund in In re Reliant Securities Litigation, No. 02-cv-1810 (S.D. Tex.), against Reliant Energy, and later its subsidiary, Reliant Resources, in connection with accounting improprieties in the energy trading business. The firm negotiated a $75 million cash settlement from the company and its accountant.
  • Represented the California Public Employees’ Retirement System in California Public Employees’ Retirement System v. Moody’s Corp., No. CGC-09-490241 (Cal. Super. Ct. San Francisco County). The firm achieved settlements in the total amount of $255 million.
  • Represented individuals in In re Digital Domain Media Group, Inc. Securities Litigation, No. 12-14333-CIV (S.D. Fla.), a securities class action stemming from the rapid collapse of the digital production company Digital Domain Media Group, Inc., which filed for bankruptcy less than one year after going public. The firm recovered $5.5 million in a complex global settlement.
  • Represented investment professionals and broker-dealers in customer-broker and industry disputes in FINRA arbitration matters, including claims concerning fraud and misrepresentation, breach of fiduciary duty, suitability, selling-away, limited partnerships, structured products, 1031 TICs, and REITs.
Honors & Distinctions
  • Awarded a rating of AV Preeminent® by Martindale-Hubbell®
  • Recognized as a “Rising Star” in the 2010 and 2011 editions of Florida Super Lawyers magazine
Admissions
  • State Bar of Florida
  • U.S. District Court for the Southern, Middle and Northern Districts of Florida
  • U.S. District Court for the Eastern District of Wisconsin
  • Eighth Circuit, U.S. Court of Appeals
  • Eleventh Circuit, U.S. Court of Appeals
  • United States Supreme Court
Affiliations
  • Florida Bar
  • Federal Bar Association
  • Palm Beach County Bar Association
  • Public Investors Arbitration Bar Association
Publications, Presentations & Appearances