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Fundamentals of Taking and Defending Depositions 2020

Speaker(s): Anita Spieth, David A. Piedra, David G. Keyko, Denise L. Plunkett, Eugene T. Boulé, Gerald A. Stein, Ian Simmons, Partha P. Chattoraj, Robin A. van der Meulen, Tracey Salmon-Smith, Wendy B. Reilly
Recorded on: Mar. 5, 2020
PLI Program #: 276094

David A. Piedra is a Partner in the Business Litigation Department of Morrison Cohen LLP, and also serves as the Firm’s General Counsel. He handles all phases of complex litigation, from pleading through trial and appeals.  David has a broad-based litigation practice, with a focus on real estate, insurance, and partnership matters. David regularly advises clients in connection with the defense or prosecution of contract claims, lease disputes, valuation disputes, dissolutions of partnerships or corporations, business tort claims, and other commercial disputes. David is frequently called upon to represent high net-worth individuals in professional and personal disputes, including partnership, contract, employment, compensation, securities, and royalty disputes.  David also serves as an arbitrator on the American Arbitration Association’s roster of neutrals.

David Keyko is a partner in the law firm's Litigation practice and is located in the New York office. His practice has focused on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities or other types of fraud, antitrust violations, ethics issues and trusts and estates issues across the country, often involving insurance coverage issues. He has conducted internal investigations and represented clients responding to government probes. He has also served as an expert witness in connection with legal malpractice litigation. Among the prominent cases Mr. Keyko has handled was the representation of a defendant in a $1.4 billion antitrust lawsuit.

Mr. Keyko was named the "New York City Best Lawyers Ethics and Professional Responsibility Law Lawyer of the Year" for 2012, 2017 and 2019. He has lectured and written widely on securities, antitrust, legal ethics and general litigation topics, and chairs PLI's programs on federal pretrial practice and ethics for corporate lawyers. He is a former columnist for the New York Law Journal and has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal.

Mr. Keyko has undertaken a variety of pro bono projects, including representing for over 20 years a death row inmate in Alabama asserting that the inmate is innocent of the crime for which he was convicted, serving as Chair of the Board of  Mobilization for Justice Legal Services, Inc., and serving two terms as a member of the Departmental Disciplinary Committee of the First Department. He was Chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York. He chaired the ad hoc committee of the Association that commented on proposed SEC regulations under Section 307 of the Sarbanes-Oxley Act of 2002. He is currently the chair of the Association's Legal Referral Service Committee and is a member of the ABA Legal Referral and Information Service Committee.

Mr. Keyko is the Chief Ethics Counsel of Pillsbury and is a member of its Sarbanes-Oxley Committee, Opinions Committee and Professional Responsibility Committee. He is an adjunct professor at the Fordham University School of Law where he teaches legal ethics.

Partha Chattoraj has broad experience counseling and litigating on behalf of business clients.  A seasoned litigator, Mr. Chattoraj has litigated and tried intellectual property and general commercial cases, appeals, arbitrations, and mediations, including copyright, trademark, trade secret, non-competition, and debt and equity fraud and contract matters.  As a trial lawyer and as appellate counsel, he has represented some of the largest companies in the world in federal and state courts and arbitrations around the country.

After graduating from Harvard College and earning a master’s degree in literature from Yale University, Mr. Chattoraj graduated from the Yale Law School, where he was Articles Editor of the Yale Law Journal and Executive Editor of the Yale Journal of Law & the Humanities.  Mr. Chattoraj began his legal career by clerking for the Honorable Jon O. Newman, of the United States Court of Appeals for the Second Circuit.  After his clerkship, Mr. Chattoraj was associated with Wachtell, Lipton, Rosen & Katz.  Mr. Chattoraj was of counsel in the New York offices of Quinn Emanuel Urquhart & Sullivan LLP before joining Allegaert Berger & Vogel, LLP, a litigation boutique firm focusing on securities, commercial, and intellectual property disputes, as a partner.

Mr. Chattoraj is a member of the Federal Bar Council Second Circuit Courts Committee and the New York City Bar Association’s Federal Courts Committee and Council on Judicial Administration. He has been a Continuing Legal Education panelist on depositions, trial practice, and legal ethics for the New York City Bar Association, the New York State Bar Association, the Practising Law Institute, and in-house legal departments.

Anita Spieth, Principal in Choate’s IP Litigation group, has more than 10 years of experience representing Life Sciences and Technology companies. She counsels clients in patent, trade secret, copyright and trademark litigation. In 2019, Ms. Spieth was named a “Next Generation Lawyer” by Legal 500 US and a Massachusetts Super Lawyers Rising Star.

Anita’s experience includes:

  • Represented biopharmaceutical company in breach of contract litigation regarding exclusive license agreement related to cancer therapies.
  • Represented leader in production and supply of reagents for life sciences industry regarding theft of trade secrets by former employees and founders with respect to new company.
  • Represented US clothing retailer against claims of copyright infringement involving use of patterned fabric in apparel products.
  • Represented US clothing retailer against claims of trademark and trade dress infringement involving logo used on apparel.
  • Represented technology company in numerous misappropriation of trade secret actions relating to enterprise security, eGRC implementations and data storage technology.Cases also involved former employee’s violation of non-competition and non-solicitation agreements. Successfully pursued and obtained preliminary injunctions.
  • Represented leader in production of and supply of reagents for life sciences industry in action against former employees and new competing venture for theft of trade secrets.
  • Represented mobile CT manufacturer in lawsuit against former Principal Mechanical Engineer and new employer. Lawsuit alleged former employee misappropriated confidential information and violated non-compete obligations by working simultaneously for both companies. Technology related to computed tomography with specific emphasis on detector arrays, scintillator crystals and data acquisition systems. 
  • Assisted in defense of media outlet against defamation claims.
  • Member of arbitration team that successfully represented company in dispute over costs of buying out minority shareholder.
  • Researched and executed Digital Millennium Copyright Act internet take-downs of infringing media on behalf of leading financial institution.

Ms. Spieth is a member of the Boston Bar Association and the Intellectual Property Inn of Court. She is an elected member of the Parks and Recreation Committee of Lincoln, Massachusetts and serves as a board member of Magic Garden Children’s Center.

Co-Chair of the Firm’s Antitrust and Competition Practice, Ian Simmons has been lead counsel in more than 32 multi-district litigation (MDL) antitrust proceedings and has achieved precedent-setting results.  With 28 years of experience in antitrust litigation, Ian is one of a few lawyers listed in both the Litigation and Competition Who’s Who Legal directories.  In addition to his extensive experience with cartel cases, Ian litigates matters involving intellectual property issues, including the competitive implications of standard essential patents and FRAND obligations. He has taken more than 30 expert economist depositions.
An alumnus of the US Department of Justice Antitrust Division, Ian uses his prosecutorial skills to maximize his clients’ interests.  He has argued before the US Court of Appeals for the Second, Third, Fourth, Seventh and Ninth Circuits and the highest courts in New York and South Dakota.  Ian has tried seven cases to verdict.  His efforts were recognized by Law360, which named Ian an MVP of the Year in Competition in 2011.

Chambers USA regularly ranks Ian for his work in antitrust litigation, and notes his “fine reputation for his multijurisdictional cartel defense work” and reports that clients describe him as “outstanding and incredibly skilled,” commend his “detail-oriented work,” and praise his “encyclopedic knowledge.”  Ian is consistently recognized for his work in antitrust by Legal 500, which labels him a “star of the antitrust bar” along with O’Melveny’s team as “top-drawer,” and by Global Competition Review who recently lauded him for his Samsung victory against Qualcomm in 2017, and shortlisted him for “Litigator of the Year” at the 2015 Global Competition Review awards.  Who’s Who Legal highlights Ian’s “superb attention to detail, excellence in written and oral advocacy and subtle judgement on strategy,” noting that peers and clients consider him “a super smart litigator with great instincts.”  Ian has also been named a 2017 Antitrust Trailblazer by the National Law Journal, a leading lawyer by Who's Who Legal: Litigation in 2017, and a competition expert by Who's Who Legal: Competition in 2018.

An expert in the doctrine at the intersection of intellectual property and antitrust law, including FRAND and the law of Standard Setting Organizations, Ian represented Samsung as an amicus in FTC v. Qualcomm, a filing whose content made its way into the District Court opinion denying Qualcomm’s motion to dismiss.  He defeated class certification on a multi-billion-dollar price fixing claim involving Optical Disk Drives in the Northern District of California against Samsung and other major technology companies and obtained a highly significant victory for Asiana Airlines Inc. in long-running antitrust litigation, which extinguished hundreds of millions of dollars of potential exposure.  Ian also represented Marriott International in an antitrust MDL involving online travel company booking; the complaint was dismissed with prejudice. 

A six time moderator or panelist at the American Bar Association Antitrust Spring meeting, and author of over 20 peer review articles, Ian is a Member of the Editorial Board of the American Bar Association Antitrust Magazine.  He earned his B.A. from McGill University, his M.A. from Yale University and his J.D. from the University of Pennsylvania.

Denise L. Plunkett is a partner in Ballard Spahr’s Antitrust and Consumer Financial Services Litigation practice groups.  She is Co-Managing Partner of Ballard’s New York office, Co-Leader of the firm’s Payment Systems industry group and a Co-Chair of Ballard Women. 

Ms. Plunkett has over 25 years of high stakes litigation experience.  She currently focuses her practice on antitrust and business litigation in the payment card, financial services, and pharmaceutical industries.  She has successfully defended an impressive array of claims, ranging from alleged violations of antitrust laws and consumer protection statutes to business torts and common law claims.  She also represents corporate clients as plaintiffs in significant loss recovery matters.  Her experience includes jury trials and appeals, and she has litigated in state and federal courts across the country. 

Eugene Boulé focuses his trial practice on the defense of negligence-based lawsuits in New York state and federal courts. Gene has extensive experience with complex, high-exposure construction accident, aviation, premises liability and security, and product liability matters involving personal injury and property damage claims. He is particularly skilled in direct and cross-examination of important damages trial witnesses such as doctors, vocational rehabilitation experts and economists.

A significant portion of Gene’s practice involves representing owners and contractors in construction site litigation. With over 25 years of experience handling matters governed by New York’s Labor Law Gene has developed in-depth knowledge of the intricacies of the statutes, a strong background in contract interpretation and insurance obligations for the critical assessment and pursuit of risk transfer opportunities, and the ability to strategically plan litigation for the best outcomes for his clients. Gene has tried many construction site cases and has formed relationships in the New York Labor Law arena with attorneys, mediators and experts that enable him to achieve quality results. .

In addition, he represents commercial and general aviation interests, from manufacturers to airlines to facilities and all related service and support industries. Gene also regularly represents property owners and commercial tenants in premises liability matters ranging from negligent security matters to slip-and-fall actions to Dram Shop claims. In addition, he handles coverage matters on behalf of general liability insurers, issuing coverage opinions and litigating coverage issues.

Gene’s litigation approach reflects his clients’ desire for a high level of responsiveness, thorough analysis of claims and identification of opportunities for early resolution. He also is an experienced trial attorney and has obtained defense verdicts and favorable pre-trial results on behalf of his clients.

Gerald A. Stein is a partner in the Antitrust and Competition Group in Norton Rose Fulbright's New York and Washington, DC offices. Gerald's comprehensive career as an antitrust litigator and as a former attorney with the Bureau of Competition at the Federal Trade Commission enables him to represent and counsel clients in a full array of antitrust matters including state and federal litigation, class action and multidistrict litigation, merger and acquisition antitrust analysis, counseling, compliance, government investigations and federal and state antitrust enforcement proceedings in a wide variety of industries.

Gerald earned his B.A. degree from Tufts University and his J.D., cum laude, from Pace University School of Law.

Robin A. van der Meulen focuses on representing businesses and public pension funds in complex antitrust class actions. She has been recommended in Antitrust: Civil Litigation/Class Actions by The Legal 500.

Prior to joining Labaton Sucharow, Robin was a litigation associate at Willkie Farr & Gallagher LLP, where she practiced antitrust and commercial litigation. During law school, Robin served as a judicial intern in United States Bankruptcy Court for the Eastern District of New York for the Honorable Elizabeth S. Stong.

Robin obtained her J.D. from Brooklyn Law School where she was an Associate Managing Editor of the Journal of Law and Policy and a member of the Moot Court Honor Society. During her time there, she also earned the CALI Award for Excellence in Legal Writing I & II. Robin earned her B.A. from Columbia University.

Robin is a member of the Executive Committee of the Antitrust Law Section of the New York State Bar Association and is a member of NYSBA House of Delegates. Robin is also a Vice Chair of the Antitrust Section's Health Care & Pharmaceutical Committee of the American Bar Association and the Executive Editor of that Committee’s Antitrust Health Care Chronicle. Since 2012, Robin has been an editor of the Health Care Antitrust Week-In-Review, a weekly publication that summarizes antitrust news in the health care industry.

Tracey Salmon-Smith is a partner at Drinker Biddle & Reath LLP in the Commercial Litigation Group. She assists clients in complex commercial disputes, including class and collective actions, and internal investigations.

As an employment litigator, Tracey has defended corporate clients against claims related to age, race and gender discrimination, workplace sexual harassment, whistleblowers, unpaid wages, and wrongful discharge.  She also advises clients on e-discovery and information management issues. In the securities space, Ms. Salmon-Smith represents broker-dealers before the Financial Industry Regulatory Authority (FINRA) in arbitrations and mediations related to allegations of fraud, misrepresentation and unsuitability. 

Previously, Ms. Salmon-Smith served as Director and Associate General Counsel at UBS Financial Services Inc., defending the firm in litigation/arbitration matters and served seven years as an Assistant United States Attorney for the Eastern District of New York (EDNY) in the Civil Division.  During her time as an assistant U.S. attorney, Tracey defended employment claims filed against government agencies and served as both the Acting Chief of Environmental Litigation and the Chief of Bankruptcy.

Tracey is a graduate of Dartmouth College and Villanova University School of Law. 

Wendy B. Reilly is a counsel in the firm’s Litigation Department. Her practice focuses on complex commercial litigation, including contract disputes and bankruptcy-related litigation‎ and advice, particularly on behalf of investment banking, financial advisory and asset management clients. She also has significant experience with white collar criminal defense and SEC investigations and enforcement actions. Ms. Reilly maintains an active pro bono practice as well, and received the 2005 inMotion “Commitment to Justice” award, the 2015 New York Law Journal “Lawyers Who Lead by Example” Pro Bono award, the 2016 Chambers Diversity “Pro Bono Lawyer of the Year” award and the 2019 Sanctuary for Families' “Above & Beyond Pro Bono Achievement Award.”

Ms. Reilly joined the firm in 2001. From 2000 to 2001 she clerked for Justice James H. Coleman, Jr. of the New Jersey Supreme Court. Ms. Reilly received a J.D. with honors from Rutgers Law School in Newark in 2000, where she was a Marsha Wenk fellow, a managing editor of the Rutgers Law Review and a recipient of the Alumni Senior Prize. She received her undergraduate degree magna cum laude from Douglass College, Rutgers University in 1997. 
Ms. Reilly is a member of the Bars of New York and New Jersey and is admitted to practice before the Southern and Eastern Districts of New York, the District of New Jersey and the Second and Third Circuit Courts of Appeals.