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Taking and Defending Depositions 2012


Speaker(s): Carla S. Mulhern, Denise L. Plunkett, Gerald A. Stein, Hillary Richard, Hon. Andrew J. Peck (Ret.), Jack G. Stern, James H.R. Windels, James S. Goddard, Kimo S. Peluso, Lori L. Pines, Michael A. Paskin, Partha P. Chattoraj, Prof. Claudia Angelos, Randi W. Singer, Susan A. Powell, Ph.D.
Recorded on: May. 10, 2012
PLI Program #: 34518

Jack G. Stern is a partner in the New York City office of Boies, Schiller & Flexner LLP.  His main practice area is complex commercial litigation, focusing on nationwide antitrust and securities matters as well as complex bankruptcy litigation. Mr. Stern has represented major manufacturers and leading financial services companies in several nationwide antitrust matters. Mr. Stern has also represented a prominent investment bank in a protracted bankruptcy court trial arising out of the September 2008 economic crisis.


Kimo S. Peluso is a litigation partner in the New York office of Manatt, Phelps & Phillips, LLP.  Mr. Peluso's practice focuses on complex commercial litigation. He has extensive experience handing lawsuits arising from business and partnership disputes, government contracts, false advertising and unfair competition. Mr. Peluso is a regular lecturer on depositions and witness preparation. He has handled numerous trials and other hearings in state and federal courts and in arbitration, and has prepared witnesses for testimony in court, in administrative proceedings, and before the U.S. Congress. He holds a J.D. from Harvard Law School where he was the managing editor of the Harvard Law Review. Mr. Peluso served as a law clerk to the Honorable Amalya L. Kearse, U.S. Court of Appeals for the Second Circuit.


Michael A. Paskin is a partner in Cravath's Litigation Department. He has a broad commercial litigation practice, which in recent years has focused on the representation of financial institutions and other corporations in securities, bankruptcy and antitrust cases.  In addition, Mr. Paskin has extensive experience representing corporations and boards of directors in connection with internal investigations and external investigations by the SEC, DOJ and other governmental agencies. 

Mr. Paskin is currently one of the Cravath partners serving as national coordinating counsel for JPMorgan Chase & Co. ("JPMC") and related entities (including former affiliates of Washington Mutual Bank and Bear Stearns) in connection with litigation in Federal and state courts across the country related to residential mortgage-backed securities ("RMBS").  As part of that work, in the In re Washington Mutual Mortgage Backed Securities Litigation Mr. Paskin successfully defeated plaintiffs' efforts to add JPMC as a defendant and argued on behalf of the WaMu defendants in obtaining one of a handful of decisions limiting RMBS class claims based on tranche-level standing.

Mr. Paskin is also currently representing another major international financial institution in connection with RMBS litigation issues.

In bankruptcy litigation, Mr. Paskin is currently representing Credit Suisse AG and several of its U.S. and non-U.S. subsidiaries, as creditors, in connection with the Lehman Brothers Chapter 11 bankruptcy. Also, in connection with the Tribune Company bankruptcy, Mr. Paskin is representing funds managed by Dimensional Fund Advisors that have been named as defendants in multiple proceedings to recover, as fraudulent transfers, payments received by shareholders in connection with the failed leveraged buyout of Tribune in 2007.

In 2012, Mr. Paskin was recognized by The Legal 500 for his work in financial services litigation and corporate restructuring litigation.

Mr. Paskin was born in Philadelphia, Pennsylvania. He received a B.A. cum laude from the University of Pennsylvania in 1992, and a J.D. from Fordham School of Law in 1995, where he was a member of the Law Review. Following graduation, Mr. Paskin served as law clerk to Hon. Paul J. Kelly, Jr. of the U.S. Court of Appeals for the Tenth Circuit. He joined Cravath in 1996 and became a partner in 2003.


Carla S. Mulhern specializes in the application of economic principles to issues arising in complex business litigation. She has served as an expert witness on damages issues in commercial litigation matters, including intellectual property and breach of contract cases. Her intellectual property damages experience spans cases involving allegations of patent, copyright, and trademark infringement as well as misappropriation of trade secrets. She has assisted clients in a variety of industries including pharmaceuticals, medical devices, automotive, entertainment, consumer products, computer hardware and software, and semiconductors.  In non-litigation matters, Ms. Mulhern has assisted clients in valuing intellectual property and other business assets in the context of strategic alliances and joint ventures.  She is a member of the American Economic Association and the Licensing Executives Society and is a frequent writer and speaker on issues related to intellectual property valuation and damages assessment.

 


Susan A. Powell, Ph.D. is a recognized expert in providing strategic trial advice to the legal community. Whether uncovering just the right research method or translating the information learned into the foundation for winning courtroom strategies, she has proven her ability to be consistently "on the mark".  Her experience has ranged from patent and product liability claims to class action suits involving Fortune 500 companies. Within this range there have been contract and anti-trust issues, fraud and securities cases. Dr. Powell has assembled mock juries, mock bench trials and mock arbitrations from the Atlantic region to the Pacific Coast. She also excels in witness preparation and jury selection.

Dr. Powell has participated in panels and written articles for such organizations as the American Bar Association and the Defense Research Institute (Assessing Juror Stereotypes: Myths and Realities). She is also a faculty member for the Practising Law Institute (A New Roadmap for Depositions) and has presented to other industry groups across the United States and Europe. She is a well respected speaker and has given seminars at law firms and major corporations for continuing legal education across the United States. The United States State Department has used Dr. Powell's services in educating foreign legal experts in the processes of the American legal system.

Dr. Powell is President of Strategic Litigation Research, Inc. located in New York City.  Her formal research background includes serving as Director of Research for McGraw-Hill, Inc.  She advanced to Group Vice President of the Business & Professional Publishing Group within McGraw-Hill, Inc. In 1986, Dr. Powell founded a consulting company to assist clients in research and analysis of corporate matters, starting Strategic Litigation Research in 2000. 
 
Dr. Powell earned her M.A. and her Ph.D. degrees from the University of California at Berkeley. She earned her B.A. degree at the University of California at Santa Barbara.


Claudia Angelos is Clinical Professor of Law at New York University School of Law, where she teaches lawyering and litigation and directs the Civil Rights Clinic and the Racial Justice Clinic. Over more than twenty-five years at the law school she and her students have litigated more than one hundred criminal justice-related civil rights cases in the New York federal courts.  She speaks frequently on a range of issues, including legal education, prisoners’ rights, civil rights, ethics, and pretrial and trial practice.  She is a graduate of Harvard College and Harvard Law School.  A long-time past president of the New York Civil Liberties Union, Professor Angelos now serves as its general counsel and sits on the board and the executive committee of the American Civil Liberties Union.  She is also a member of the board and executive committee of the Society of American Law Teachers and the Clinical Legal Education Association and the board of Prisoners’ Legal Services of New York.


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-Chair of the Ballard Women affinity group, and Co-Leader of the firm’s Payment Systems industry group.

Ms. Plunkett has significant experience in the payment card, financial services, and pharmaceutical industries.  She currently focuses her practice on antitrust and business litigation and counseling.  Her representative matters include high-stakes commercial disputes, class actions, multidistrict litigation, international arbitration, and government investigations and enforcement actions.  Over her 20+ years of practice, Ms. Plunkett 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. 


Gerald A. Stein is a Senior Counsel in the Antitrust and Competition Group in Norton Rose Fulbright’s New York office.  Gerald’s comprehensive career as an antitrust litigator and a government enforcer 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 enforcement proceedings in a wide variety of industries.

Gerald is a senior-level litigator with nearly twenty-five years of litigation and counseling experience.  Before joining our firm's Antitrust and Competition Practice Group, Gerald was an attorney with the Bureau of Competition at the Federal Trade Commission for more than eight years, where he investigated and litigated a variety of antitrust matters including mergers and acquisitions and anticompetitive conduct.  Prior to that, while in private practice at other prominent law firms, he represented major corporations in all aspects of private antitrust actions (including class actions and multidistrict litigation) involving alleged violations of Sherman Act Sections 1 and 2 regarding claims of price fixing, monopolization, boycotts, refusals to deal, and unfair and deceptive trade practices in various industries, including industrial chemicals, industrial ventilation systems, rental cars, air cargo, airline passengers, automotive filters and healthcare.  He has significant experience developing factual defenses, drafting and arguing motions, working with expert economists and taking depositions.

Gerald was a panelist in this Program beginning in 2009 and has chaired it since 2013.

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


James S. Goddard is a Director and Associate General Counsel with Citi f/k/a Citigroup in New York, NY, and has been a senior litigation attorney with Citi’s predecessors-in-interest, beginning with Shearson Lehman Brothers in 1991.  Mr. Goddard’s practice focuses on banking, securities, commercial and residential realty, intellectual property, technology, abandoned property and general commercial transactions.  His litigation experience includes jury and bench trials in state and federal courts, as well as arbitrations in several forums.

Prior to joining Shearson Lehman Brothers, Mr. Goddard was a litigation associate with Davis Polk & Wardwell, Edwards & Angell and Coudert Brothers.  Mr. Goddard served as Law Clerk to the Honorable William H. Timbers, U.S. Court of Appeals for the Second Circuit.


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.


Randi Singer is a litigation partner in Weil's New York office, a member of the Firm's Intellectual Property & Media practice and Co-Head of its Cybersecurity, Data Privacy & Information Management group. She focuses primarily on copyright, Lanham Act false advertising and trademark litigation, as well as privacy and cybersecurity, in addition to complex commercial litigation and bankruptcy proceedings.

Ms. Singer has been repeatedly recognized as a leading intellectual property and media & entertainment lawyer by legal industry publications, including The Legal 500 US, Chambers USA, World Trademark Review, Benchmark Litigation, Expert Guides, Managing IP Magazine's IP Stars, Super Lawyers, and Law360. She has successfully represented and counseled clients on a wide variety of copyright and trademark matters encompassing classic ownership and fair use issues for comic books, academic works, music and photographs. A recognized expert on secondary liability infringement issues, major internet platform clients regularly call on Ms. Singer for help navigating an array of unprecedented concerns and solving a wide variety of disputes. Her advertising, trademark, and state unfair trade practices cases have spanned a broad spectrum of consumer products and services, from over-the-counter drugs, razors, toothpaste, paint, food and cosmetics, to financial services, cell phone cases, luxury goods and consumer electronics.

Ms. Singer has earned the Certified Information Privacy Professional (ClPP/US) and Certified Information Privacy Technologist (CIPT) credentials and regularly advises clients in connection with privacy, cybersecurity, and social media issues in a wide variety of matters, including more than one hundred transactions ranging from high-profile deals such as Facebook's acquisition of Whatsapp, Inc. to large public company mergers and small talent acquisitions. In 2015, The National Law Journal recognized Ms. Singer as one of its inaugural "Trailblazers" nationwide for her cutting-edge work in the cybersecurity and data privacy area.

In addition to her active practice, Ms. Singer has taught a course on Trademarks and Unfair Competition Law as an adjunct professor at St. John's University School of Law and is a popular speaker whose speaking engagements include panels and discussions concerning copyright, advertising, and other intellectual property issues for organizations such as the International Trademark Association  (INTA), the Copyright Society, the National Advertising  Division, the Practising Law Institute, the American Conference  Institute, and the New York State Bar Association Section on Intellectual Property. Other professional affiliations include the International Association of Privacy Professionals (IAPP), the New York State Bar Association, the Private Advertising Litigation subcommittee of the ABA, and she has served on the Trademarks and Consumer Affairs Committees of the Association of the Bar of the City of New York.

Ms. Singer is a member of the global steering committee for Women@Weil, Weil's women's affinity group, the winner of Weil's first-ever mentoring award, and an inductee into the YWCA's Academy of Women Leaders. In addition to  her work as the General Counsel for the Lang Lang International Music Foundation, her pro bono work includes litigation successes for the Hebrew Immigrant Aid Society and Sanctuary for Families, trademark and IP counseling for organizations such as The Joyful Heart Foundation and the Breast Cancer Research Foundation, as well as extensive legal support and counseling concerning ambush marketing for NYC2012, New York City's bid for the 2012 Olympics.

Ms. Singer graduated magna cum laude from Harvard University. After receiving her J.D. from Columbia Law School, where she was a Harlan Fiske Stone Scholar, Ms. Singer clerked for the Honorable Richard Owen, U.S. District Judge for the Southern District of New York.


For more than 20 years, Hillary Richard has been handling major commercial and securities disputes in federal and state courts across the country and in arbitrations. She has been recognized as one of Manhattan's top lawyers in business litigation and securities litigation by Super Lawyers. Ms. Richard is Martindale-Hubbell AV® Rated Preeminent and was named in the 2012 Guide to the World's Leading Women in Business Law as an outstanding practitioner in Litigation.

Ms. Richard is known as a fierce litigator and forceful advocate who does what it takes to achieve the best outcome for her clients. Federal judges have stated that Ms. Richard produces "first-rate work," provides "extraordinarily strong legal representation," and is "tenacious, well-organized, and skillful counsel."  Ms. Richard also regularly advises clients on business and strategic decisions in an effort to resolve disputes short of litigation. Ms. Richard is particularly skilled at representing financial institutions in complex financing matters. Her clients include hedge funds, private equity funds, commercial banks, investment firms, broker-dealers and insurance companies. Ms. Richard's cases have included securities fraud, breach of contract, breach of fiduciary duty, trade secret and successor liability claims. She practices in federal and state court across the country and before the SEC, FINRA, and other tribunals.

In 1998, Ms. Richard received the 1998 Women of Power and Influence Award from the National Organization for Women, New York City. In 2001, she was profiled in New York Magazine as one of New York City's top young lawyers. From 2004-2007, Ms. Richard served as the Associate Justice for the Village of Saltaire. From 2007-2011, Ms. Richard served as a Trustee of the Village of Saltaire. Ms. Richard is on the Board of Trustees of the Brooklyn Youth Chorus.

Ms. Richard graduated from Fordham University, summa cum laude, and from Harvard Law School cum laude.


The Honorable Andrew J. Peck served for 23 years as a United States Magistrate Judge for the Southern District of New York, including a term as Chief Magistrate Judge from 2004 to 2005. Before his appointment to the bench, Judge Peck was in private practice for 17 years, focusing on commercial and entertainment litigation, including copyright and trademark matters, with extensive trial experience.

At DLA Piper, Judge Peck advises on innovative and efficient solutions to the challenges of information management, both within and outside the litigation context. He frequently speaks at conferences concerning eDiscovery issues. Judge Peck also is available to serve as an arbitrator, mediator and Special Master.

Judge Peck is recognized internationally for bringing electronic discovery competency to the attention of both the judiciary and bar. Indeed, he is widely described as the first judge to tackle the subject of e-discovery head on, most notably in the influential 1995 decision Anti-Monopoly v. Hasbro, in which Judge Peck found that “it is black letter law that computerized data is discoverable if relevant.” Also among his legacy rulings is the 2011 employment class action Monique Da Silva Moore, et. al. v. Publicis Groupe & MSL Group, the first judicial decision approving the use of technology-assisted review. In March 2018, the New York Law Journal called Judge Peck “one of e-discovery’s most influential figures.”

Among the honors he has received, American Lawyer named him to its list of the Top 50 Innovators of the Last 50 Years as its Judicial E-Discovery Innovator.

 


James H.R. Windels is a member of Davis Polk & Wardwell’s Litigation Department. Since joining Davis Polk in 1990 he has had wide experience in a variety of federal and state court commercial litigation matters, international arbitrations, regulatory enforcement proceedings, and internal investigations.

Mr. Windels’ matters include securities cases relating to public offerings and underwritings, sales and trading, asset management, mutual funds, private equity transactions and accounting matters. He has represented companies and accounting firms in internal investigations, bidders and targets in mergers and acquisitions litigation, and financial institutions and manufacturers in federal and state antitrust actions. He has also represented financial institutions and accounting firms in investigations and proceedings before the Securities and Exchange Commission, the Federal Reserve Bank, the Commodity Futures Trading Commission, the New York Stock Exchange, federal and state criminal authorities, and local regulators in Europe and Asia.

Mr. Windels joined Davis Polk in 1990, became a partner in 1997, and served as practice group coordinator of the Litigation Department from 2006-11. He clerked for the Honorable Peter K. Leisure, U.S. District Court for the Southern District of New York, from 1989-90. He is Chair of the Board of Directors of Volunteers of Legal Services and previously served as a member of the Executive Committee of the Association of the Bar of the City of New York and Chair of the Board of Directors of Brooklyn Legal Services Corporation A.


Lori L. Pines is a Litigation partner in Weil’s New York office, where she heads the Firm’s False Claims Act/Qui Tam practice and is a member of the Complex Commercial Litigation group. Ms. Pines has played a central role in managing the defense of some of the nation’s most complex and public disputes, including one of the largest class action/multi-district litigation proceedings.

Ms. Pines has litigated cases spanning a broad range of substantive areas on behalf of major clients in numerous industries, including life sciences, managed care, telecommunications, energy, commercial power, professional services, publishing, and manufacturing. In addition, Ms. Pines has substantial experience representing clients in cases involving the False Claims Act. Over the course of her career, Ms. Pines has been involved in a number of lengthy, complex jury trials in both state and federal court. She has also handled numerous government agency investigations and employment disputes, as well as all aspects of many important settlements.

Ms. Pines also has extensive arbitration experience. She has handled many disputes before the American Arbitration Association (“AAA”), and played a significant role in coordinating the defense of one of the largest International Chamber of Commerce (“ICC”) arbitrations to date. Ms. Pines’ advice regarding how to streamline arbitration proceedings to make them more efficient and effective has been sought, and published, by the AAA.

Recent notable experience includes:

  • Defending UnitedHealth Group in one of the first cases brought under the New York State FCA;
  • Representing the General Motors estate in an FCA suit brought against Allison Engine;
  • Defending Schindler Elevator in a qui tam action under the federal FCA; and
  • Serving as co-lead counsel for UnitedHealth in a major multi-district that challenged fundamental notions concerning the delivery of managed care in the US, and which sought billions of dollars in damages. Plaintiffs, purporting to represent a putative class of tens of millions of patient-subscribers, claimed that United misrepresented the scope of its health care coverage and interfered in the patient-physician relationship by discouraging physicians from imparting complete and accurate information to patient-subscribers. Working with defense counsel, Weil defeated plaintiffs’ motion to certify a class and ultimately obtained a very favorable settlement.
Ms. Pines has taught CLE-accredited classes on discovery techniques, document production, trial-preparation, and witness examination. She has also published numerous articles and book chapters on topics such as False Claims Act litigation, MDL strategies, expert retention, corporate depositions, and pleadings in complex cases, and she serves as editor of the Firm’s FCA Watch newsletter. She is a member of the American Bar Association and the Association of the Bar of the City of New York, where she serves as the Chair of the Committee on Women in the Legal Profession for a three-year term that began in September of 2013. She is also a member of the University of Texas School of Law’s Consortium for Advancing Women Lawyers. Ms. Pines is the Chair of the Firm's Litigation Training Program, a member of the Firm’s Women Attorney Task Force, a member of the Firm's Professional Development Committee, a Career Development Partner and an official Mentor to associates. She is also an Advisory Committee Member of the Sloane Hospital for Women at New York Presbyterian Hospital/Columbia University Medical Center.

Ms. Pines received her J.D. from New York University School of Law, where she was a teaching assistant in the Lawyering Program and a member of the Moot Court Editorial Board. She has a Masters in Public Affairs from Princeton University's Woodrow Wilson School of Public and International Affairs, and a B.A. in Biology from Harvard College, where she graduated with Honors.