Harvey J. Wolkoff Partner Ropes & Gray One International Place Boston, MA 02110-2624 T + 1-617-951-7522 F + 1-617-235-0224 + 1-617-854-2222 secretary E-mail

PRACTICES Litigation Appellate Complex Business Litigation Environmental Securities Litigation Bankruptcy & Business Restructuring Corporate Investment Management Intellectual Property Alternative Dispute Resolution

A summa cum laude graduate of Dartmouth College as a member of the Class of 1973, Harvey earned a J.D. in 1975 from Columbia University Law School, where he was a member of the Board of Editors of the Law Review. He joined Ropes & Gray in 1975 and then left the firm in 1979 to accept a position as an Assistant United States Attorney in the Southern District of New York. He rejoined Ropes & Gray in the fall of 1982 and became a partner in the firm two years later.
  
Harvey is currently the lead lawyer representing TJX in multi-district consumer class action litigation arising from a large computer intrusion that has generated considerable attention from the press. He is also part of the team orchestrating TJX's strategy and response to a host of related government inquiries and other litigations brought in the United States, United Kingdom and Canada. Previously, Harvey was the lead lawyer representing Gillette in multi-district consumer class actions based on advertising claims relating to its market-leading M3Power razor.

Harvey is also currently representing:

• Ameriprise Financial Inc. in litigation against the Reserve Trust for losses suffered after The Reserve Trust's money market account "broke the buck";
    
• State Street Bank Corporation in connection with ERISA and securities litigation arising from subprime mortgage exposure in their mortgage funds;
    
• Liberty Mutual Insurance Co. in litigation seeking rescission of a buyout agreement covering pollution claims;
      
• A large transportation company involved in civil and criminal antitrust litigation; and
      
• TJX in multi-district class action litigation under the Fair and Accurate Credit Transactions Act ("FACTA").

Harvey has been involved in the defense of clients in connection with a variety of complex securities litigation issues, ranging from investigations by the Securities and Exchange Commission to handling the defense of various class action securities and business litigations, which included an appeal to the First Circuit. Harvey has recently:

• Successfully defended the CEO of a Fortune 500 company charged with investment mismanagement under ERISA;
    
• Won the dismissal of four revenue sharing class actions filed against a mutual fund in the U.S. District Court for the District of Connecticut; and
    
• Gained approval from an international panel of the A.A.A. to pursue arbitration claims on behalf of a class of securities holders against a foreign issuer – despite the fact that the respondent company is located in a country that does not recognize class actions.

In the past few years, Harvey obtained an almost $15 million plaintiff's verdict against a nationally recognized corporation and was also awarded the Defense Verdict of the Year by the Massachusetts Lawyers Weekly for successfully defending an investment advisory firm against multi-million dollar claims of securities fraud by 56 plaintiffs. Harvey also was one of the lead trial lawyers in the defense of the largest environmental natural resources damages cases in the history of this country, tried in Federal Court in Los Angeles.

Harvey has tried pro bono cases for the Lawyers Committee for Civil Rights Under the Law, where he is a member of the Executive Committee and serves as the Co-Chairman, and his other pro bono activities include positions on the Board of Directors of the Anti-Defamation League of Boston; and as a director and general counsel of the South End Historical Society.

Honors & Awards

• The Best Lawyers in America for Commercial Litigation and Securities (2005-2009)
• Benchmark Litigation, Litigation Star (2009)
• Massachusetts Super Lawyers (2004-2008)
• Chambers USA: America's Leading Lawyers for Business (2008)
• Massachusetts Lawyers Weekly Top Defense Verdict of the Year (2001)

• Harvey J. Wolkoff & Lisa M. Ropple, "Ch 12: Business Litigation," MCLE Massachusetts Superior Court Civil Jury Instructions, 2nd edition, (MCLE 2008)
• Harvey J. Wolkoff, "Business Fraud," Business Torts in Massachusetts (MCLE 2006)

• Speaker, "A New Frontier in Privacy Litigation: The Advent of Private Lawsuits Over Data Security Breaches," ABA Annual Meeting, Section of Litigation, August, 8, 2008
• Speaker, "Certification, Experts, Damages, and CAFA: Winning Strategies for Complex Class Action Defense," Defense Counsel Master Class, February 29, 2008

• Massachusetts, 1975

• U.S. Court of Appeals for the 1st Circuit
• U.S. Court of Appeals for the 2nd Circuit
• U.S. Court of Appeals for the 5th Circuit
• U.S. Court of Appeals for the 6th Circuit
• U.S. District Court for the District of Colorado
• U.S. District Court for the District of Massachusetts
• U.S. District Court for the District of New Hampshire
• U.S. District Court for the District of Vermont
• U.S. District Court for the Eastern District of Wisconsin

• 1975, J.D., Columbia Law School; Board of Editors, Columbia Law Review
• 1972, B.A., summa cum laude, Dartmouth College; Phi Beta Kappa (Class of 1973)

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