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Advanced Deposition Techniques 2016


Speaker(s): Cynthia Hanawalt, Jennifer Hurley McGay, Susan F. DiCicco, Todd B. Marcus
Recorded on: Jan. 26, 2016
PLI Program #: 149594

Jennifer Hurley McGay represents individuals and companies in both small and large complex commercial disputes in state and federal courts, as well as in bankruptcy proceedings. Jennifer has experience litigating cases involving a broad spectrum of substantive issues, including business torts, class actions, contract, bankruptcy, securities law, intellectual property, and corporate issues. Her practice includes litigation involving structured products, such as CDOs, asset-backed securities and swaps. Jennifer has also litigated international conflicts of law issues and complex privilege disputes. The clients in these cases have been both plaintiffs and defendants engaged in a wide variety of industries, including financial services, oil and gas, cable and media, sporting goods, telecommunications, electronics, insurance, information technology, and cash management and financial technology. Jennifer handles matters during all phases of litigation through trial, appeal, and settlement. She also regularly counsels clients in ways to avoid or minimize litigation risks and is well versed in various forms of alternative dispute resolution, including arbitration and mediation.

Jennifer has been published in the New York Law Journal on issues involving the attorney client privilege and work product doctrine, rules of evidence and securities laws. From 2015-2017, Jennifer was a panel speaker for the Practicing Law Institute’s “Specialized Deposition Techniques” program. She was also a panel speaker in 2017 for Strafford’s “Rule 30(b)(6) Depositions in Class Action Litigation: Deposing or Defending Corporate Witness Depositions” program.

Jennifer received her J.D., magna cum laude, from the University of Toledo College of Law, where she served as an Editor of the Law Review and was admitted to the Order of the Coif. She received her B.A. from the State University of New York at Albany. Jennifer served as a judicial law clerk in the U.S. District Court for the District of Connecticut during 1996-1998. Following her clerkship, Jennifer practiced law in New York City for approximately twenty years, most recently at Morgan, Lewis & Bockius LLP, before joining Lewis Johs. 

Jennifer is admitted to practice in the States of New York and Ohio, the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court. She is a member of Federal Bar Association, American Bar Association, Suffolk Bar Association and Financial Women’s Association.


Susan F. DiCicco litigates securities and complex commercial cases, principally representing financial institutions and hedge fund managers in cases throughout the country. She focuses on complex financial transactions and fixed-income products (particularly structured finance transactions). Susan regularly assists clients with trading issues and disputes, as well as assessing risks on new complex products and formulating strategies for existing transactions. Clients recognize Susan as a practical litigator who is fully versed in their businesses. Susan serves as the practice leader for the firm’s global Commercial Litigation practice.

In the securities defense field, Susan litigates securities class actions and a variety of cases asserting fraud claims under the 1933 Act, the 1934 Act and state blue-sky statutes. She recently obtained a full dismissal for the syndicate of underwriters in the putative class action arising from the Fairway Markets IPO (SDNY), as well as a full dismissal for the underwriters in a putative class action involving the EveryWare global secondary offering (SD Ohio), which was affirmed on appeal.  She currently represents a national organic grocer in a putative securities class action filed in Arizona. She also advises clients in several matters involving commercial and residential mortgage-backed securities, asset-backed securities, structured products, CDOs, CLOs, distressed debt trades, repos, whole loans, loan participations, and a variety of swaps and options.

In the complex commercial space, Susan handles a wide variety of litigation for institutional parties, including real estate disputes, banking litigation, lender liability litigation, bankruptcy litigation, and secured lending disputes. She also serves as national coordinating litigation counsel for a real estate investment manager.


TODD MARCUS is a commercial litigator with more than 26 years experience representing parties in commercial litigation in state and federal courts across the country. Much of his work involves real estate and finance-related litigation, including the enforcement of creditors’ rights and defending against lender liability claims and counterclaims. Todd has substantial experience litigating cases involving financial instruments (secured and unsecured), contentious mortgage foreclosures, and intercreditor disputes. Todd also has vast experience representing financial institutions in the foreclosure and workout of facilities secured by office buildings, land development projects, hotels, mixed-use projects, apartment buildings, and automobile dealerships, among other business assets. Todd also represents parties in real estate disputes and all other aspects of commercial litigation. Sound business judgment and result-oriented litigation strategies has earned Todd recognition by New York Super Lawyers magazine in Business Litigation every year since 2012. Todd has also been recognized in The Best Lawyers in America 2017.

Publications

  • Co-author, “Appellate Decision Unwinds Foreclosure Purchase,” New York Law Journal (August 23, 2015).
  • Co-author, “Distressed Real Estate Loan Dispute Resolution in 2012: Latest Developments, Trends and Strategies,” Inside the Minds: Real Estate Dispute Resolution (April 2012)
  • Co-author, “Residential Mortgage Foreclosure: It’s A Whole New Ballgame,” New York Law Journal (March 14, 2011)
  • Co-author, “A Primer on Today’s Commercial Loan Forbearance Agreement,” New York Law Journal (March 15, 2010)

Events

  • “Advanced Deposition Tools, Skills and Challenges for the Modern Age,” PLI’s Seminar and Live Webcast: Advanced Deposition Techniques (January 2013, 2014, 2015, 2016)


Cynthia Hanawalt is a Partner at the boutique firm Bleichmar Fonti & Auld LLP, litigating complex securities cases on behalf of institutional investors in class and direct actions nationwide.  She was honored as a “Rising Star” (rating lawyers under 40) in the field of securities litigation by Super Lawyer awards in 2016, marking her third consecutive year receiving this distinction.

Cynthia recently prosecuted In re MF Global Holdings Limited Securities Litigation on behalf of Her Majesty the Queen in Right of Alberta and MF Global investors in connection with the company’s dramatic collapse on October 31, 2011. Judge Marrero in the Southern District of New York sustained plaintiffs’ complaint in its entirety, and parties engaged in a complex discovery process, including dozens of depositions coordinated across multiple MF Global litigations. Plaintiffs achieved settlements totaling over $234 million, resolving claims against MF Global’s former officers and directors, underwriter defendants, and MF Global’s outside auditor.

Cynthia also contributed to the prosecution In re Genworth Financial Inc. Securities Litigation, a “rocket docket” matter in the Eastern District of Virginia, which alleged the fraudulent concealment of Genworth’s deteriorating long-term care business.  Plaintiffs resolved the case for a record $219 million, the largest securities class action recovery ever achieved in that jurisdiction. And she handled plaintiff discovery in the Freedman v. Weatherford International Ltd., et al. litigation, which sought to recover losses for investors stemming from three restatements of audited financials by the company. On June 30, 2015, parties announced a $120 million settlement on behalf of the class.

Cynthia was previously involved in the prosecution of In re Computer Sciences Corporation Securities Litigation, another highly compressed E.D.Va case, on behalf of Ontario Teachers’ Pension Plan Board and the class, which settled for $97.5 million just a few weeks before trial.  She also has significant experience prosecuting fraudulent activity in the securitization and sale of mortgage-backed securities.

Cynthia writes regularly on issues pertaining to the securities industry, and is the co-author of several articles, including: including: "A Look at Shareholder Remedies in Japan," Law360, June 15, 2016; "Cross-Listed Securities Cases Present Challenges," The National Law Journal, May 30, 2016, addressing recent Morrison interpretations in light of modern financial markets; “IndyMac Leaves Uncertain Landscape for Opt-Out Litigation,” New York Law Journal, October 28, 2014; “The Evolving Legacy of Fait v. Regions Financial,” New York Law Journal, May 3, 2013; “Dodd-Frank: Rating Agencies and the ABS Market,” Law360, January 25, 2011; and “Theory of Implied Misrepresentation in Securities Fraud Cases,” New York Law Journal, April 5, 2010.

Prior to joining BFA, Cynthia practiced at Labaton Sucharow LLP.  She began her legal career at McKee Nelson LLP, where she was part of the team that launched the firm’s structured finance litigation practice.  Prior to attending Columbia Law School, Cynthia was a consultant with The Boston Consulting Group, providing strategic and operational advice to Fortune 500 companies and local not-for-profit organizations.

Cynthia serves on the Board of Directors of Wave Hill, a garden and cultural center in the Bronx, as a Trustee and Chair of the Audit Committee.