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PLI Ethics Programs: Spring 2016

 
Author(s): Michael S. Sackheim, David Sarratt, Howard Schneider, David Rabinowitz, Yasamine H. Viehland, C. Evan Stewart
Practice Area: Banking, Ethics/Professional Responsibility
Published: Feb 2016
ISBN: 9781402426186
PLI Item #: 149485
CHB Spine #: F270

David Rabinowitz is co-head of the Litigation Department and a member of the Intellectual Property Department and Legal Ethics and Law Firm Practice Department at Moses & Singer, where he has been a partner since 1985.  He handles civil commercial cases of all kinds and in particular both litigates and advises clients on financial industry and intellectual property matters.  He is a frequent speaker on ethical issues concerning negotiations.  Mr. Rabinowitz has appeared in state and federal courts and in arbitrations throughout the United States.

Mr. Rabinowitz has lectured and participated on panels before the Bar Association of the City of New York, the American Bar Association, the Practicing Law Institute, the Institute of International Banking Law, the Copyright Society of the United States, the New Jersey Intellectual Property Law Association, the National Association of Recording Manufacturers, the Licensing International annual convention, the Professional Education Broadcast Network and the Massachusetts Software Council.  He has taught Copyright Law at Seton Hall Law School.  He is a member and former trustee of the Copyright Society of the United States.  Mr. Rabinowitz has published numerous articles which have appeared in Advertising Age, Entertainment Law Reporter, The Entertainment Publishing and the Arts Handbook, The Bulletin of the Copyright Society of the United States American Lawyer's Corporate Counsel Magazine and The Practical Lawyer.

Education

  • Columbia University School of Law, J.D., 1976, Harlan Fiske Stone Scholar, 1973-1976
  • Massachusetts Institute of Technology, S.B., 1972

Articles

  • "New York Resolves In-House Counsel Bar Admission Problem"
  • "Up Close and Professional with New York’s Engagement Letter Rules"
  • "Communications Decency Act"
  • "Non-Traditional Fee Arrangements and Doing Business with Clients"
  • "Everything You Ever Wanted To Know About the Copyright Act Before 1909"
  • "Web Site Story 6-Breakaway Employees Beware"
  • "Web Site Story 5-Emerging Limits to Out-of-State Jurisdiction over Web Sites"
  • "Web Site Story 4-Nationwide Internet Jurisdiction is not Ended by Blue Note"
  • "Web Site Story 3-The Emerging Tort of Domain Name Infringement"
  • "Web Site Story 2-Finding Yourself Subject to Jurisdiction Far, Far Away"
  • "Web Site Story-A Legal Primer for Web Site Owners and Designers"
  • "Copyright Preemption: New York State's Erroneous Interpretation"
  • "Copyright and Trademark Infringement: Current Techniques for Plaintiffs and Defendants"

Presentations – (last 10 years - most recent year for series)

  • 2017 Practicing Law Institute program, "Ethics for the Negotiating Lawyer"
  • 2017 Practicing Law Institute program, "Advanced Licensing Agreements"
  • 2016 Institute of International Banking Law Standby and Guaranty Forum and Law Summit, “Recent Letter of Credit Cases”
  • 2016 Practicing Law Institute program, "Understanding The Intellectual Property License"
  • 2016 New Jersey Intellectual Property Law Association, “Cases in Negotiation Ethics”
  • 2015 Practicing Law Institute program, “Outsourcing 2015: Sourcing Critical Services”
  • 2014, 2012, 2007 Copyright Society of the U.S.A., “Show Me the Money: The Essentials of Valuation of Copyrights in Transactions and Litigation,” "Basic Ethics for the Negotiating Lawyer," "Non-Traditional Fee Arrangements and Doing Business with Clients"
  • 2013 National Association of Recording Manufacturers, “Negotiation Ethics”
  • 2010 Professional Education Broadcast Network, “Ethics in Negotiations”
  • 2008 Licensing International - "Winning Ethics in Licensing"
  • 2007 Practicing Law Institute program, "Internet Law Institute"
  • 2007 CMJ Music Marathon and Film Festival, “Games Without Frontiers”
  • 2001-2004 Adjunct Professor, Copyright Law, Seton Hall Law School


Michael Sackheim is senior counsel in the New York, N.Y. office of Sidley Austin LLP where he concentrates on derivatives regulatory, transactional and enforcement matters.

Michael is a past Chair of the New York City Bar Derivatives Regulation Committee, and he is the managing editor of Futures & Derivatives Law Report (Thomson Reuters, publ.).


David Sarratt is a partner in the firm’s Litigation Department. He is a seasoned trial lawyer whose practice focuses on white collar criminal defense, internal investigations and complex civil litigation. Mr. Sarratt has significant experience in the technology sector and is recommended by The Legal 500 US for Technology: Data Protection, Privacy and Cyber Law (2016).

Prior to joining the firm, Mr. Sarratt served as an Assistant United States Attorney in the Eastern District of New York from 2010 to 2014. As a federal prosecutor, Mr. Sarratt supervised and participated in a wide variety of investigations and prosecutions, involving international terrorism, cyber crime, financial and health care fraud, racketeering and other crimes. He successfully tried numerous cases to verdict and briefed and argued appeals in the U.S. Court of Appeals for the Second Circuit. 

Mr. Sarratt served as a law clerk for the Hon. Douglas H. Ginsburg, United States Court of Appeals for the D.C. Circuit, from 2004 to 2005, and for the Hon. John Gleeson, United States District Court, Eastern District of New York, from 2005 to 2006. 

Mr. Sarratt received his J.D. from the University of Virginia School of Law in 2004, where he graduated Order of the Coif and was an Articles Editor of the Virginia Law Review. He earned a B.A., Phi Beta Kappa, from the University of Virginia in 2000.


Since February, 2013, Howard Schneider serves as a Senior Consultant at Charles River Associates where he provides business consulting and expert witness services.  Prior to that, from June 2010 to February 2013, Mr. Schneider was a Managing Director of another consulting firm.  For the five years prior to that, Mr. Schneider served as the General Counsel at MF Global, a NYSE listed futures commission merchant and securities broker/dealer, operating in the futures and derivatives markets around the world. He was formerly a partner at Katten Muchin Rosenman, LLP (“KMR”) where he concentrated in corporate, securities and derivatives/futures law and provided legal counsel in the financial markets area. 

Prior to joining KMR, Mr. Schneider served as the first General Counsel of the Commodity Futures Trading Commission.  At KMR’s predecessor firm, he was Chairman of the Corporate Department and was also Chairman of the Firm.  Mr. Schneider is also a past Chairman (1997-2001) of the American Bar Association Committee on the Regulation of Futures and Derivative Instruments (Business Law Section).  He is a member of the City Bar Association, and the New York State and American Bar Associations, as well as a member of the Futures Industry Association.  He served as Chairman of the Association of the Bar of the City of New York Committee on Commodities Regulation from 1982-85.  From 1997 to 2018, Mr. Schneider served as a Board member of PJM Interconnection, LLC, the operator of the largest power grid in the United States. 

Mr. Schneider is a frequent lecturer and writer on legal topics.  He received his undergraduate degree from Cornell University and his law degree, with distinction, from the Cornell University School of Law, where he was also an Editor of the Cornell Law Review.


Mr. Stewart's practice focuses principally on the financial services industry, where he handles litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums, as well as before the Judicial Panel on Multidistrict Litigation and the U.S. Supreme Court. He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.

Mr. Stewart was featured by the New York Law Journal in the "Top Trials of 2005" for his successful representation of Theodore Sihpol, the first person in U.S. history to be criminally charged for "late trading" mutual funds. More recently, Mr. Stewart successfully represented Gary Prince against the U.S. Securities and Exchange Commission. In May of 2013, after a three week bench trial in federal court, the judge dismissed all six charges of securities fraud against Mr. Prince.

Mr. Stewart previously served twelve years as Executive Vice President and General Counsel for The Nikko Securities Co. International Inc., and as a director of Nikko Financial Services Inc. Additionally, Mr. Stewart served as First Vice President, Associate General Counsel, and Head of Litigation at E.F. Hutton & Company Inc.  Since 2003, Mr. Stewart has been tasked by Goldman, Sachs & Co. to, among other things, oversee and litigate all of the disputes arising out of the company's Private Wealth Management Division.

Recognized as a Super Lawyer for Securities Litigation since 2009, Mr. Stewart has also been hailed as a "Local Litigation Star" by Benchmark Litigation since 2010. In 2016, Mr. Stewart received the Stanford D. Levy Award from the New York State Bar Association's Ethics Committee for having "significantly contributed to an understanding of professional ethics by the publication of an article, commentary or a series of articles or commentaries on the subject." In 2008, he received the Modaq Content Award for writing the most popular article in the United States. Since 1980, Mr. Stewart has been AV(R) Peer Review Rated by Martindale-Hubbell.

Mr. Stewart is a visiting professor at Cornell University and an adjunct law professor at Fordham Law School. He has been a regularly contributing columnist for the New York Law Journal since 1990, the New York Business Journal since 2006, and has published approximately 300 articles on diverse legal subjects.  He is also frequently featured in the national media and regularly speaks across the country on securities professional responsibility and complex litigation issues.

 

 

 


Yasamine Viehland is a Senior Associate in the Ethics Office of the Federal Reserve Bank of New York, where she works on matters related to internal employee conflicts of interest, as well as institutional conflicts of interest in the Bank’s vendor relationships. Prior to joining the Bank, Yasamine served as a Legal Fellow at the Anti-Defamation League in New York, where she assisted the General Counsel with matters related to non-profit governance and compliance. She was previously a member of the Association of the Bar of the City of New York's Government Ethics Committee, where she was chair of the Financial Crisis Sub-committee. She is also a member of the American Bar Association's Business Law Section. Yasamine received her undergraduate degree from Stanford University, and her law degree from Boston University, where she also served on the Journal of Science and Technology Law and placed two student notes. During law school, she served as a judicial intern for the Honorable Joseph L. Tauro at the United States District Court for the District of Massachusetts, and was a Summer Associate at Fish & Richardson P.C. in Boston, Massachusetts. Prior to attending law school, Yasamine worked in the legal department at Google, Inc., where she assisted with the company's initial public offering, development of an insider trading policy, and regulatory compliance.

 

“All views expressed by Ms. Viehland are her own and do not represent the views of the Federal Reserve Bank of New York or the Federal Reserve System.”