Kirby McInerney LLP | Sarah Flohr

Associate

sflohr@kmllp.com

New York
250 Park Avenue
Suite 820
New York, NY 10177
212.699.1156

Sarah Flohr Associate

sflohr@kmllp.com

New York
250 Park Avenue
Suite 820
New York, NY 10177
212.699.1156

Biography

Sarah Flohr is an associate practicing out of our New York office where she focuses on antitrust, consumer fraud, and securities fraud litigation. Ms. Flohr also works with attorneys in our Chicago office representing clients in Illinois courts.

Ms. Flohr has extensive experience in all stages of litigation, including drafting motions and pleadings, discovery requests, arguing motions, conducting trials, negotiating settlements, and taking fact and expert depositions. Prior to joining KM, she worked as an associate in Chicago practicing in mass tort litigation. During this time, she played an integral role on numerous teams representing Fortune 500 companies throughout the country. Ms. Flohr drafted and won two motions to exclude experts, resulting in summary judgment being granted on all counts brought against her firm’s client in a multimillion-dollar product liability and breach of contract case, which was upheld on appeal by the United States Circuit Court of Appeals for the Second Circuit.

Indiana University (B.A. 2008)
University of Illinois Chicago School of Law (J.D. 2014), The John Marshall Law Review, Lead Articles Editor (2013-2014); Moot Court Honors Council (2012-2013)

New York State Bar
Illinois State Bar
Missouri State Bar
United States District Courts for the Southern and Eastern Districts of New York
United States District Court for the Northern District of Illinois

Super Lawyers Rising Star, 2019-2024

Experience

Some of Ms. Flohr’s work includes:

Lead counsel to a class of small package delivery companies in Fli-Lo Falcon Llc v. Amazon.Com Inc., et al., who were defrauded by Amazon under its Delivery Service Partners (DSP) Program. The case alleges that the DSP program represents an unlawful scheme to shield Amazon from its responsibilities to DSPs, their drivers, and the public; minimize the risk of unionization among drivers; foist costs that Amazon would otherwise bear as an employer of drivers onto DSPs despite the fact that the drivers are functionally Amazon employees; and limit Amazon’s delivery costs by imposing policies and rules intended to prevent DSPs from achieving performance-related payments.
Counsel in May v. Google et al., a consumer class action alleging that for nearly a decade Google has knowingly kept stolen money from victims of gift card scams who purchased Google Play gift cards.
Co-lead counsel in Macovski v. Groupon Inc. et al., a securities class action alleging that the company made materially false and misleading statements and failed to disclose to investors its financial health before ending its sale of physical goods and announcing the departure of two top executives. The case resulted in a $13.5 million settlement that has received final approval.
Lead counsel representing Wespath, the General Board of Pension and Health Benefits of the United Methodist Church, in Doyle v. Reata Pharmaceuticals, a securities class action alleging that Reata made false and/or misleading statements — including in connection with its secondary public stock offerings — concerning, inter alia, the FDA guidance regarding the design of the clinical trial (CARDINAL) for Reata’s drug candidate, bardoxolone methyl. When the FDA revealed serious concerns it had previously raised to Reata, the share price declined materially. The case has resulted in a settlement of $45 million.
Co-lead counsel in Apple Gift Card Litigation, representing a class of consumers who were victims of gift card scams and from whom Apple allegedly withholds funds. This matter has resulted in a settlement of $35 million for the class.
Counsel in Maverick Neutral Levered Fund, Ltd. v. Valeant Pharmaceuticals International, Inc., alleging that Valeant materially misrepresented its business model, touting artificial and unsustainable growth that was enabled by the company’s deceptive and illegal conduct.

Cases & Investigations

Case / Company Name
Type
Status

Name May v. Google et al., 24-cv-01314 (N.D. Cal.).
Type Consumer Fraud
Status Pending
Counsel in a consumer class action alleging that for nearly a decade Google has knowingly kept stolen money from victims of gift card scams who purchased Google Play gift cards. Damages total in the millions of dollars.

News

08/02/2024 | Firm News KM obtains $35 million settlement of Apple gift cards consumer class action

Kirby McInerney LLP, alongside Co-Lead Counsel Scott+Scott LLP and Cafferty Clobes Meriwether & Sprengel LLP, reached a $35 million settlement with Apple Inc. The settlement provides refunds to consumers who were tricked by third-party scammers into buying Apple iTunes and AppStore gift cards and providing the codes to the scammers under false pretenses.

09/22/2023 | Firm News 9 Kirby McInerney Attorneys recognized on 2023 Super Lawyers and Rising Stars Lists

Thomson Reuters’ Super Lawyers has recognized five KM attorneys as New York Metro Super Lawyers and four as Rising Stars.

10/07/2022 | Firm News 10 Kirby McInerney Attorneys recognized on 2022 Super Lawyers and Rising Stars Lists

Thomson Reuters’ Super Lawyers has recognized five KM attorneys as New York Metro Super Lawyers and five as Rising Stars.