Kristin J. Moody

Kristin J. Moody, a partner in Berman Tabacco’s San Francisco office, is dedicated to delivering financial justice to investors and consumers and fights hard for them every day through her prosecution of securities and consumer financial fraud class actions.

Kristin has litigated high profile complex class actions in courts across the country for over two decades and has achieved substantial results for clients.  She has played a leading role in the prosecution of class actions that have recovered hundreds of millions of dollars for injured classes.  Kristin also analyzes potential securities law and consumer law violations and advises clients on potential claims.

Kristin was ranked as a Super Lawyer by Northern California Super Lawyers magazine (2020-2024), and was featured in San Francisco Magazine’s Top Women Attorneys in Northern California (2020-2023).  She was also selected by Lawdragon for its 500 Leading Plaintiff Financial Lawyers guide (2019-2024), as featured in Lawdragon’s The Plaintiff Issue magazine.

Kristin has published several articles in the areas of financial fraud and securities class actions. She has also taught Business Law at Fisher College and sat on the Fisher College Advisory Board.  Active in her community, Kristin also previously sat on the National Advisory Board for the non-profit, Generation Citizen.  Prior to joining Berman Tabacco, Kristin practiced at two prominent international law firms where she represented clients in securities class actions, U.S. Securities and Exchange Commission actions, and U.S. Department of Justice and regulatory investigations.

Education

• New York University School of Law (LL.M., 2003)
• Boston College Law School (J.D., cum laude, 1999)
• Bucknell University (B.A., cum laude, 1995)

Experience

• One of the lead partners representing additional plaintiff West Palm Beach Firefighters’ Pension Fund in a certified class action lawsuit, Wang v. Zymergen Inc., No. 3:21-cv-06028-VC (N.D. Cal.), brought on behalf of investors of Zymergen securities in connection with its April 2021 initial public offering (IPO).  Plaintiffs allege that Zymergen issued inaccurate and misleading statements in connection with the IPO.
• One of the lead partners in In re Aegean Marine Petroleum Network, Inc. Securities Litigation, No. 18-cv-04993-NRB (S.D.N.Y.), a securities fraud class action lawsuit against Aegean Marine Petroleum Network, Inc. (“Aegean”) and certain of Aegean’s former officers, directors, and auditors, which alleged that a massive fraud occurred at Aegean, a marine fuel logistics company based in Greece.  Despite numerous hurdles, including the Company filing for bankruptcy and that all the defendants were Greek residents, the case settled for a total of $41,749,999, with the final group of settlements with Greek national individual defendants being approved by the Court on October 19, 2023.
• Lead partner for the team in Oklahoma Police Pension & Retirement System v. Sterling Bancorp, Inc, et al., No. 5:20-cv-10490-JEL-EAS (E.D. Mich.), a securities fraud class action lawsuit against Sterling Bancorp, Inc., certain of its current and former officers and directors, and the underwriters for the Company’s initial public offering (the “IPO”). The case was brought on behalf of investors who purchased or otherwise acquired Sterling common stock from November 17, 2017 through and including March 17, 2020 (the “Class Period”), including shares sold in the IPO. Sterling, headquartered in Southfield, Michigan, is the unitary thrift holding company of Sterling Bank and Trust which specializes in residential mortgages. The case alleged that defendants issued materially untrue and misleading statements concerning, inter alia, the Company’s loan underwriting, risk management, compliance and internal controls, including regarding the Company’s Advantage Loan Program, the Company’s largest lending program which the Company completely shut down by the end of the Class Period.  The case settled for $12.5 million, which was approved by the court on September 23, 2021.
• One of the lead partners for the team prosecuting In re Aqua Metals, Inc. Securities Litigation, No. 4:17-cv-07142-HSG (N.D. Cal.), a securities class action against Aqua Metals, Inc. on behalf of all persons who acquired the common stock of the Company. The case alleged that defendants engaged in a widespread fraud to mislead investors about such things as the implementation and operations of the Company’s purportedly proven AquaRefining technology that would supposedly revolutionize the $22 billion lead acid battery recycling business.  The case settled for $7 million, which was approved by the court on March 2, 2022.
• One of the lead members of the team and managed the day-to-day prosecution of In re Zynga Securities Litigation, No. 12-cv-04007 (N.D. Cal.), which alleged defendants misled investors regarding the company’s financial condition and core business metrics, including leading up to a large secondary offering of insiders’ stock.  The case resulted in a settlement of $23 million for investors.
• Lead partner for the firm in McLaughlin v. Wells Fargo Bank, N.A., No. 3:15-cv-02904-WHA (N.D. Cal.), which achieved a precedent-setting opinion holding that the defendant Wells Fargo Bank, NA is required under the Truth in Lending Act (“TILA”) to indicate the amount of property insurance proceeds held by the bank on the plaintiff customer’s payoff statement.  The litigation ultimately attained a settlement providing the damages class with 88% of the maximum damages available under TILA.  The settlement also requires Wells Fargo to disclose insurance claim funds on all of its payoff statements going forward, which is a benefit beyond what could have been achieved at trial.
• Counsel for co-lead plaintiff Ohio Public Employees Retirement System in a securities fraud class action against BP plc and certain officers and directors, In re BP PLC Sec. Litig., No. 10-md-2185 (S.D. Tex.), which arose out of the 2010 explosion and fire on the Deepwater Horizon drilling rig in the Gulf of Mexico.  The team achieved a $175 million settlement on behalf of holders of BP’s American Depository Shares.
• One of the lead members of the team representing lead plaintiff State Universities Retirement System of Illinois in the prosecution of In re General Electric Co. Securities Litigation, No. 09 Civ. 01951 (S.D.N.Y.), which alleged that GE concealed substantial liquidity and credit risks in its financial services unit, GE Capital.  The case resulted in a settlement of $40 million for investors.
• Served as one of the lead members of the team and managed and oversaw the day to day prosecution of In re Force Protection Securities Litigation, No. 2:08-cv-845 CWH (D.S.C.), representing co-lead plaintiff Laborers’ Annuity and Benefit System of Chicago.  The case settled for $24 million for investors.
• Managed and oversaw the day-to-day prosecution on behalf of Massachusetts Laborers’ Pension Fund of the securities class action, In re International Rectifier Securities Litigation, No. 07-cv-02544 (C.D. Cal.), against International Rectifier Corp. and several of its former officers and directors, alleging accounting fraud at the company.  The team attained a settlement of $90 million for investors.

Honors & Distinctions

• Named a Super Lawyer by Northern California Super Lawyers magazine (2020-2024)
• Featured in San Francisco Magazine’s Top Women Attorneys in Northern California (2020-2023)
• Selected by Lawdragon in its 500 Leading Plaintiff Financial Lawyers guide (2019-2024), as featured in Lawdragon’s The Plaintiff Issue magazine
• Notes and Comments Editor, Boston College International and Comparative Law Review

Admissions

• State Bar of California
• State Bar of Massachusetts
• U.S. District Court for the Northern District of California
• U.S. District Court for the Central District of California
• U.S. District Court for the Southern District of California
• U.S. District Court for the Eastern District of California
• U.S. District Court for the District of Massachusetts
• U.S. District Court for the Eastern District of Michigan
• First Circuit, U.S. Court of Appeals
• Third Circuit, U.S. Court of Appeals
• Ninth Circuit, U.S. Court of Appeals
• Federal Circuit, U.S. Court of Appeals

Affiliations

• Member of the Executive Committee of the Securities Litigation Section of the Bar Association of San Francisco
• Bar Association of San Francisco
• American Bar Association
• Queen’s Bench
• Women in Securities (WISe)
• Public Justice

Education

• Generation Citizen (former National Advisory Board member)
• Fisher College (former Advisory Board member)
• American Civil Liberties Union

Publications, Presentations & Appearances

• Contributor, The Class Act, National Association of Securities and Class Action Attorneys (April 2010)
• Contributor, Annual Survey of Securities Class Actions and Derivative Suits: 1999, ABA (2000)