“Class Action lawsuits are intended to serve as a vehicle for capable, committed advocates to pursue the goals of the class members through counsel, not for capable, committed counsel to pursue their own goals through the class members.” – Berger v. Compaq, 257 F3d 475 (5th Cir. 2001).
Mr. Rothstein is a graduate of Case Western Reserve University (B.A. 1986) and the Beasley School of Law at Temple University (J.D. 1989). During law school, Mr. Rothstein earned summer associateships at two major nationally known law firms and later became an attorney at one of them. After law school, Mr. Rothstein accepted a position at a boutique law firm where he gained his actual trial experience on a diverse range of cases including commercial litigation, civil rights, trusts & estates, contract law and all phases of litigation, including appellate work. Currently, Mr. Rothstein is Of Counsel at Barbuto & Johansson, P.A. Mr. Rothstein has spent over 30 years in all aspects of class action litigation including securities, shareholder derivative litigation, antitrust, ERISA and consumer actions.
Mr. Rothstein, in 1997, went on to assist a small rural firm as a Partner in evaluating, coordinating, developing and commencing major class cases and other complex cases. At that firm, Mr. Rothstein built a practice and litigated many noteworthy class cases where the firm served as Lead and Co-Lead Counsel. One such case was the Enron Litigation, (394 F. 3d 296), where the firm represented bondholders. In that case he argued motions and participated in depositions. The firm was also appointed Lead Counsel in the Royal Dutch Petroleum ERISA Litigation (Civil Action No. 04-1398) where Mr. Rothstein actually went to the Texas oil fields to meet with aggrieved workers. That case settled for $98 million. Mr. Rothstein’s efforts have helped aggrieved parties recover substantial settlements in major cases against such companies as Healthsouth, Imclone Systems, Qwest Communications, Sprint, Priceline and many more.
In 2006, Mr. Rothstein joined Kahn, Swick & Foti, LLC. At the law firm, he continued his direction of a case he had filed on behalf of the Erica P. John Fund in 2002. He has been an outspoken and avid believer that the clients’ needs and voices come first and must be included in the actual litigation. He has also been an outspoken leader against the filing of frivolous lawsuits. Recently, Mr. Rothstein was a leader of the team that litigated Erica P. John Fund, Inc. v. Halliburton Company, et al., 3:02-CV-1152-M (N.D. Tex.). This case is significant as it appeared before the United States Supreme Court twice and is considered one of the most important securities cases in the history of such litigation. The Court approved a settlement of $100 million 2018. Mr. Rothstein acted as lead counsel and then Special Counsel to the Lead Plaintiff. Demonstrating his dedication to his client and the class, Mr. Rothstein remarkably remained the only attorney that represented the plaintiffs on this case since its inception in 2002. He was a central figure in blocking a $6 million dollar settlement and remained on the case for 17 years until a settlement was approved for $100 million.
In January of 2019, Mr. Rothstein accepted the position as Of Counsel to Barbuto & Johansson, P.A. in Wellington, Florida, Palm Beach County, where he will continue his work in client relations.
Mr. Rothstein is licensed to practice in the State of Pennsylvania and the United States Supreme Court.