Pomerantz LLP

Emma Gilmore

POSITION
Partner

OFFICE
New York

PRACTICE AREAS
Securities Litigation

LAW SCHOOL
Brooklyn Law School

ADMITTED
State of New York; U.S. District Courts for the Southern and Eastern Districts of New York; United States Court of Appeals for the Ninth Circuit

CONTACT


  • Biography
  • Publications
  • Cases
  • Awards
  • News

Emma Gilmore is a partner at the Firm.  Ms. Gilmore plays an integral role in the Firm’s class action case in the Southern District of New York against Brazil’s largest oil company, Petróleo Brasileiro S.A. - Petrobras, arising from a multi-billion dollar kickback and bribery scheme, in which the Firm is Lead Counsel.  In re Petrobras Sec. Litig., No. 14-cv-9662 (S.D.N.Y.).  The biggest corruption in the history of Brazil has ensnared not only Petrobras' former executives but also Brazilian politicians, including former president Lula da Silva, the Speaker of the House, and the Treasurer of the Workers' Party.

Ms. Gilmore also plays a leading role in the Firm's class action litigation against Deutsche Bank, arising from the bank's $10 billion money-laundering scheme, for which Deutsche Bank was recently fined $425 million by the New York State Department of Financial Services. 

Ms. Gilmore also represents aggrieved investors in a class action against Samarco Mineracao S.A., in connection with the Fundao dam-burst disaster, which is widely regarded as the worst environmental disaster in Brazil's history. 

Ms. Gilmore also plays a leading role in the Firm's class action litigation against Yahoo! Inc., in which the Firm is lead counsel. The case involves the biggest data breaches in U.S. history, in which over 1.5 billion Yahoo accounts were compromised. 

Among other cases, Ms. Gilmore is part of the team prosecuting securities fraud claims against BP on behalf of many foreign and domestic public and private pension funds arising from the company's 2010 Deepwater Horizon oil spill.  In re BP p.l.c. Secs. Litig., No. 4:10-md-2185 (S.D. Tex.).  She helped devise a cutting-edge strategy that established the right of individual foreign investors who purchased foreign-traded shares of a foreign corporation to pursue claims for securities fraud in a U.S. court, thereby overcoming obstacles created by the U.S. Supreme Court's 2010 decision in Morrison v. Nat'l Australia Bank Ltd.  

Ms. Gilmore secured a unanimous decision by a panel of the Ninth Circuit Court of Appeals, benefitting defrauded investors in Costa Brava Partnership III LP v. ChinaCast Education Corp.  In an issue of first impression, the Ninth Circuit held that imputation of the CEO's scienter to the company was warranted vis-a-vis innocent third parties despite the fact that the executive acted for his own benefit and to the company's detriment.

Ms. Gilmore has also devoted a significant amount of time to high-profile pro bono matters.  She played a critical role in securing a unanimous ruling by the Arkansas Supreme Court striking down as unconstitutional a state law banning cohabiting individuals from adopting children or serving as foster parents.  The ruling was a relief for the 1,600 plus children in the state of Arkansas who needed a permanent family.  The litigation generated significant publicity, including coverage by the Arkansas Times, the Wall Street Journal, and the New York Times.

Before joining Pomerantz, Ms. Gilmore was a litigation associate with the firms of Skadden, Arps, Slate, Meagher and Flom, LLP and Sullivan & Cromwell, LLP, where she was involved in commercial and securities matters.  Her experience includes working on the WorldCom Securities Litigation representing more than a dozen prominent banks and also representing clients such as General Electric, Columbia University, Samsung, LG Electronics, Sony, Philips, BT, and JVC. 

Ms. Gilmore also served as a law clerk to the Honorable Thomas C. Platt, United States District Judge for the Eastern District of New York. 

Ms. Gilmore graduated cum laude from Brooklyn Law School, where she served as a staff editor for the Brooklyn Law Review.   She was the recipient of two CALI Excellence for the Future Awards, being the highest scoring student in the subjects of evidence and discovery.  She graduated summa cum laude from Arizona State University, with a BA in French and a minor in Business.  

In 2017, Ms. Gilmore was selected to the Lawyers of Distinction, an exclusive list of top practitioners in the nation.  

Ms. Gilmore serves on the Firm's Anti-Harassment and Discrimination Committee.