Berman Tabacco

Kathleen M. Donovan‑Maher

Partner

Kathleen M. Donovan‑Maher

Kathleen M. Donovan-Maher is the Managing Partner of the Firm’s Boston office and member of the firm’s Executive Committee. Kathleen focuses her practice on prosecuting class actions, including RICO (Racketeer Influenced and Corrupt Organizations Act), ERISA (Employee Retirement Income Security Act), breach of fiduciary duty, securities, corporate fraud and whistleblower cases. Kathleen has been a plaintiffs’ lawyer for over 25 years and has served as lead or co-lead counsel in large, complex cases in federal courts around the country.

Currently, Kathleen leads an ERISA action against pharmacy benefit managers in connection with the skyrocketing price of the EpiPen and the massive amounts EpiPen purchasers have been forced to pay out-of-pocket for an EpiPen. Additionally, Kathleen leads the charge against online lenders who attempt to hide behind the “tribal immunity” doctrine when loaning monies and charging interest rates in excess of 300%, and in some cases over 700%, in violation of RICO.

Kathleen has a passion for taking on the Goliaths of the world, advocating on behalf of the little guy and holding wrongdoers accountable. She is AV Preeminent® rated by Martindale-Hubbell® and is designated a Local Litigation Star by Benchmark Litigation in 2013, 2014, 2015 and recognized among the Benchmark Plaintiff Top 150 Women in Litigation.

Through all stages of litigation, including trial, Kathleen has helped recover billions of dollars for consumers, employees, retirees, retirement plans and institutions.

Experience

  • Secured a judgment against Emanuel Pinez, Centennial’s founder and former CEO, in excess of $207 million, plus costs, for violations of federal securities laws in In re Centennial Technologies Securities Litigation, No. 97-CV-10304 (D. Mass.).
  • Played a chief role in In re Enterasys Networks, Inc. Securities Litigation, C-02-071-M (D.N.H.) ($50 million settlement, consisting of $17 million cash and $33 million worth of Enterasys common stock). The Enterasys Networks settlement also included corporate governance improvements, requiring the company to back a proposal to eliminate its staggered board of directors, allow certain large shareholders to propose candidates to the board and expand the company’s annual proxy disclosures.
  • Served as one of the lead attorneys in Wyatt v. El Paso Corp., No. (N.D. Tex.) ($285 million settlement – $273 million contribution by El Paso and $12 million contribution by PricewaterhouseCoopers LLP).
  • One of the prime attorneys representing State Universities Retirement System (SURS) of Ilinois in In re General Electric Co. Securities Litigation, No. 09-CIV-1951 (S.D.N.Y.), which settled for $40 million.
  • Served as principal attorney in a securities class action involving American Home Mortgage Securities Litigation, 07-MD-1898 (E.D.N.Y.), which settled for $37.25 million despite complications posed by bankruptcy.
  • Served as a member of the trial team in In re ICN/Viratek Securities Litigation, No. 87-cv-04296 (S.D.N.Y.), which settled for $14.5 million after the 1996 trial when the jury deadlocked with an 8-1 vote in favor of plaintiffs.
Kathleen M. Donovan‑Maher Partner
Boston
One Liberty Square
Boston, MA 02109

Kathleen M. Donovan-Maher is the Managing Partner of the Firm’s Boston office and member of the firm’s Executive Committee. Kathleen focuses her practice on prosecuting class actions, including RICO (Racketeer Influenced and Corrupt Organizations Act), ERISA (Employee Retirement Income Security Act), breach of fiduciary duty, securities, corporate fraud and whistleblower cases. Kathleen has been a plaintiffs’ lawyer for over 25 years and has served as lead or co-lead counsel in large, complex cases in federal courts around the country.

Currently, Kathleen leads an ERISA action against pharmacy benefit managers in connection with the skyrocketing price of the EpiPen and the massive amounts EpiPen purchasers have been forced to pay out-of-pocket for an EpiPen. Additionally, Kathleen leads the charge against online lenders who attempt to hide behind the “tribal immunity” doctrine when loaning monies and charging interest rates in excess of 300%, and in some cases over 700%, in violation of RICO.

Kathleen has a passion for taking on the Goliaths of the world, advocating on behalf of the little guy and holding wrongdoers accountable. She is AV Preeminent® rated by Martindale-Hubbell® and is designated a Local Litigation Star by Benchmark Litigation in 2013, 2014, 2015 and recognized among the Benchmark Plaintiff Top 150 Women in Litigation.

Through all stages of litigation, including trial, Kathleen has helped recover billions of dollars for consumers, employees, retirees, retirement plans and institutions.

Education
  • Suffolk University Law School (J.D., 1991)
  • Suffolk University (B.S., Business Administration, magna cum laude, 1988)
Experience
  • Secured a judgment against Emanuel Pinez, Centennial’s founder and former CEO, in excess of $207 million, plus costs, for violations of federal securities laws in In re Centennial Technologies Securities Litigation, No. 97-CV-10304 (D. Mass.).
  • Played a chief role in In re Enterasys Networks, Inc. Securities Litigation, C-02-071-M (D.N.H.) ($50 million settlement, consisting of $17 million cash and $33 million worth of Enterasys common stock). The Enterasys Networks settlement also included corporate governance improvements, requiring the company to back a proposal to eliminate its staggered board of directors, allow certain large shareholders to propose candidates to the board and expand the company’s annual proxy disclosures.
  • Served as one of the lead attorneys in Wyatt v. El Paso Corp., No. (N.D. Tex.) ($285 million settlement – $273 million contribution by El Paso and $12 million contribution by PricewaterhouseCoopers LLP).
  • One of the prime attorneys representing State Universities Retirement System (SURS) of Ilinois in In re General Electric Co. Securities Litigation, No. 09-CIV-1951 (S.D.N.Y.), which settled for $40 million.
  • Served as principal attorney in a securities class action involving American Home Mortgage Securities Litigation, 07-MD-1898 (E.D.N.Y.), which settled for $37.25 million despite complications posed by bankruptcy.
  • Served as a member of the trial team in In re ICN/Viratek Securities Litigation, No. 87-cv-04296 (S.D.N.Y.), which settled for $14.5 million after the 1996 trial when the jury deadlocked with an 8-1 vote in favor of plaintiffs.
Honors & Distinctions
  • Awarded a rating of AV Preeminent® by Martindale-Hubbell®
  • Selected for the Martindale-Hubbell® Bar Register of Preeminent Women LawyersTM
  • Selected as one of New England’s Top Rated Lawyers for 2013 and 2018 by Martindale-Hubbell®
  • Featured in The National Law Journal highlighting New England’s Top-Rated Lawyers in 2018
  • Local Litigation Star by Benchmark Litigation in 2013, 2014 and 2015
  • Named a Super Lawyer in 2004-2005 by New England Super Lawyers magazine, which features the top 5% of attorneys in the region
Admissions
  • State Bar of Massachusetts
  • U.S. District Court of Massachusetts
  • First Circuit, U.S. Court of Appeals
  • Second Circuit, U.S. Court of Appeals
  • Third Circuit, U.S. Court of Appeals
  • Fourth Circuit, U.S. Court of Appeals
  • Eleventh Circuit, U.S. Court of Appeals
Affiliations
  • Phi Delta Phi
  • Delta Mu Delta National Honor Society in Business Administration
  • Omicron Delta Epsilon International Honor Society of Economics
  • American Bar Association
  • Boston Bar Association
  • Women’s Bar Association