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Trial by Jury 2017


Speaker(s): Andra B. Greene, Brooke E. Cucinella, David R. Marriott, Douglas A. Cawley, Evan R. Chesler, Gregory A. Markel, Hon. Barry Ostrager, Hon. Denise L. Cote, Hon. Edgardo Ramos, Hon. Gregory H. Woods, Hon. Jeffrey K. Oing, Hon. John Gleeson, Hon. LaShann M. DeArcy Hall, Hon. Loretta A. Preska, Hon. Richard J. Sullivan, Hon. Richard M. Berman, John S. Siffert, Joseph J. Mueller, Lawrence J. Zweifach, Mark S. Cohen, Michael A. Jacobs, Michele A. Roberts, Prof. Claudia Angelos, Theodore V. Wells Jr.
Recorded on: Nov. 13, 2017
PLI Program #: 186150

Andra B. Greene is a partner of Irell & Manella LLP, where she is head of the class action defense practice group. Ms. Greene previously served as Managing Partner of the firm's Newport Beach office.

A seasoned trial lawyer, Ms. Greene's practice encompasses a wide range of complex business litigation with an emphasis on class action defense and professional liability defense. Her extensive trial and appellate experience in state and federal courts also extends to commercial, wage and hour, employment, business torts, real estate, lender liability, executive compensation, environmental issues, securities litigation, insurance coverage, trade secrets, white-collar criminal claims and intellectual property. She frequently represents other lawyers and major law firms when they need counsel.

Ms. Greene's results for clients illustrate why she is sought after for the most sensitive and high-stakes matters. Recent highlights include winning a trial involving claims of breach of contract, fraud and breach of fiduciary duty, defeating whistleblower retaliation and discrimination claims against a professional sports team in a 5-day arbitration, defeating a class action brought against a major sports venue by former workers, and securing decertification and a dismissal with prejudice of a false advertising class action brought against a dietary supplement company.

Ms. Greene's victories on behalf of some of the country's most recognized companies have led to such accolades as being named one of the 2016 Top Women Lawyers in California by the Daily Journal and being named among the 2016 Top 50 Women Lawyers in the nation by the National Diversity Council. In 2016, she was also recognized as the Orange County Bet-the-Company "Lawyer of the Year" by Best Lawyers for her successful defense of cases including class actions. Ms. Greene was also honored as one of the 2014 Women Worth Watching by Diversity Journal.


Brooke Cucinella joined Simpson Thacher & Bartlett, LLP as a litigation partner in September of 2018.  Prior to joining Simpson Thacher, Ms. Cucinella was an Assistant United States Attorney for the Southern District of New York from 2012 to August 2018.  At the time she left the Office, she was a senior member of the Securities and Commodities Task Force.  Ms. Cucinella has significant trial experience, including, among others, the conviction of a pill mill doctor involved in the distribution of millions of dollars of illegally prescribed narcotics; the trial of Brian Coll, a Rikers Island correction officer who was convicted of murdering an inmate and obstructing the investigation into that murder; and a multi-defendant murder trial involving the conviction of the head of a violent gang known as Sex, Money & Murder.  Ms. Cucinella has also prosecuted numerous insider-trading cases, including Sean Stewart, an investment banker convicted of tipping his father with inside information, and William “Billy” Walters, a well-known sports gambler, in a $43 million insider trading case – the largest insider case brought against an individual in the Southern District of New York.  Most recently, Ms. Cucinella tried and convicted, following a five-week jury trial, four defendants in connection with an insider trading scheme involving the theft of Government information that was provided to a hedge fund through a political intelligence consultant.  At Simpson Thacher, Ms. Cucinella intends to continue her trial practice, as well as focusing on government and internal investigations.

Ms. Cucinella graduated magna cum laude from Fordham Law School in 2006, and began her legal career at O’Melveny & Myers, where she worked from 2006 to 2012.  She was a counsel at O’Melveny in 2012 when she left to join the Office.  Prior to law school, Ms. Cucinella taught in Chicago and New Orleans with Teach for America.


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.


David R. Marriott is a partner in Cravath’s Litigation Department.  His practice focuses on litigation and alternative dispute resolution, generally concerning business disputes and matters in the areas of intellectual property, securities and antitrust.  Mr. Marriott has tried, argued and litigated cases in both state and federal courts, and has been involved with numerous forms of alternative dispute resolution.  His clients have included CSX Corporation, Delta Air Lines, IBM, Mylan, NCR Corporation, Novartis, Alcon Laboratories, Qualcomm, Bristol-Myers Squibb, Lazard Frères & Co., AT&T, Bank of America, Eli Lilly, the Massachusetts Institute of Technology and the President and Fellows of Harvard College.

Mr. Marriott is an Adjunct Professor at New York University School of Law, and a Lecturer in Law at Columbia University School of Law.  He has taught antitrust, intellectual property and trial practice.  Mr. Marriott was named a “National Star” in general commercial litigation and a “Local Litigation Star” in the New York area in the 2017 edition of Benchmark LitigationThe Legal 500 United States named him a “Leading Trial Lawyer” in 2017.  He has also been recognized as a leading lawyer by several other legal ranking publications such as Lawdragon, IAM Patent, Leaders League and Super Lawyers.

Mr. Marriott is the editor of New York Business Litigation (NYLJ 2013) and a contributing author and editor of Winning at Trial (ALM 2014).  His other publications include:  “Opening to Win: Seven Tips for Delivering an Effective Opening Statement” (NYLJ, November 14, 2011); “Picking a Winner:  Ten Tips for Selecting the Best Possible Jury” (NYSBA Journal, September 2011); “A Direct Path To Winning: Tips for Conducting an Effective Direct Examination” (NYLJ, July 2011); “10 Tips for Picking a Jury” (PLI 2010); “7 Tips for a Winning Opening Statement” (PLI 2010); “Selecting the Best Possible Jury” (PLI 2009); “Current Legal Issues Relating to Complex Litigation” (PLI 2007); “Modern Ethical Issues in Complex Litigation” (PLI 2007); “Document Production: An Effective System in the Electronic Age is Critical to Withstanding Challenge” (NYLJ, August 21, 2006); “Ethical Considerations in Electronic Discovery” (PLI 2006); and “Selected Topics Arising in Multiple Defendant Litigation” (PLI 2006).

Mr. Marriott is the chair of the Practising Law Institute’s conference “Trial by Jury” and has been a repeat moderator of other PLI conferences, such as “Bet the Company Litigation.”  For several years, Mr. Marriott chaired the New York City Bar’s annual “Institute for Corporate Counsel.”

Mr. Marriott received his J.D. from New York University in 1994.  Following graduation, Mr. Marriott served as law clerk to Hon. Eugene F. Lynch of the U.S. District Court for the Northern District of California.  The following year, he served as law clerk to Hon. Albert J. Engel of the U.S. Court of Appeals for the Sixth Circuit.  Mr. Marriott received his B.A. from Brigham Young University in 1991.  He joined Cravath in 1996 and became a partner in 2003.


Douglas A. Cawley is a Principal in the Dallas office of McKool Smith. For more than forty years, he has been engaged in the trial of complex cases and has handled major intellectual property matters throughout the United States and across the globe. He has served as lead counsel in six patent infringement trials that have earned "Top 100 Verdict" rankings by The National Law Journal and VerdictSearch in 2007, 2008, 2009, 2010, 2012, and 2013. Mr. Cawley is ranked as a leading intellectual property lawyer by Chambers USA and is included in the Lawdragon 500 listing of "Leading Lawyers in America." In September 2015, he was profiled in Law360’s “Trial Aces” special feature, which recognized the Top 50 trial lawyers in the United States.

Mr. Cawley is a Fellow of the American College of Trial Lawyers, and a member of the American Intellectual Property Law Association and the American Bar Association Section on Intellectual Property Law. He is a frequent speaker on patent litigation at seminars throughout the country.


Evan R. Chesler is Chairman of Cravath, Swaine & Moore LLP and one of the most highly regarded trial attorneys in the nation.  He joined Cravath in 1976 and became partner in 1982.  Mr. Chesler became head of the Litigation Department in 1996.  He was elected Deputy Presiding Partner in November 2005, Presiding Partner in January 2007 and Chairman in January 2013, the first person to be given that title in the Firm’s history.

Mr. Chesler has broad experience in both trial and appellate courts, and has tried numerous cases in federal and state courts all over the country.  He handles a wide variety of litigation, including securities, shareholder derivative, intellectual property, general commercial, environmental, ERISA, contractual disputes and antitrust.  His practice also includes the representation of clients in government and internal investigations.  Mr. Chesler has represented companies and their management in virtually every industry, including technology, pharmaceutical, manufacturing and financial services. 

Mr. Chesler is a fellow of the American College of Trial Lawyers, a fellow of the International Academy of Trial Lawyers, a fellow of the American Bar Foundation and a fellow of the New York Bar Foundation.  He is also the President of the Institute of Judicial Administration.  Mr. Chesler is Chairman of the Board of Trustees of the New York Public Library and Chairman of the Lawyers for the Library Committee.  He is also a member of the Leaders Council of the Legal Services Corporation, a member of the Council of The American Law Institute, a Trustee of the Federal Bar Council and a Trustee of the Supreme Court Historical Society.  Mr. Chesler is an adjunct professor of law at New York University School of Law, where he teaches an Advanced Trial Practice Seminar, and is a member of the Board of Trustees of NYU and NYU School of Law.  He is also the Chairman of NYU’s Board of Overseers of the Faculty of Arts and Science and Founder and Chairman of LAMP (the Lawyer Alumni Mentoring Program), which provides mentoring and curriculum enrichment programs to prelaw students. 

Mr. Chesler has been recognized as a leading litigator in several practice areas by numerous professional publications, including Chambers USA, Chambers Global, The Best Lawyers in America, The American Lawyer, Benchmark Litigation, IAM Patent, The Legal 500 United States, Lawdragon and Super Lawyers.  In 2018, Mr. Chesler was honored with New York Law Journal’s Lifetime Achievement Award.  He was named to The Legal 500 Hall of Fame in the Leading Trial Lawyers category in 2017. He became the first recipient of Benchmark Litigation’s Hall of Fame Award in 2016 and was named by the publication as one of the “Top 100 Trial Lawyers in America.”  He was also named a nationwide “Legend” by Lawdragon.

Mr. Chesler is a recipient of a number of awards, including the Judge Learned Hand Award from the American Jewish Committee (2014); a Lifetime Achievement Award from the Atlantic Legal Foundation (2014); the Judge Joseph M. Proskauer Award from the UJA-Federation of New York (2013); and the Judge Simon H. Rifkind Award from the Jewish Theological Seminary (2012). 

Mr. Chesler received an A.B. degree, with highest honors in History, from New York University, an M.A. in Russian Area Studies at Hunter College and a J.D. cum laude from NYU School of Law, where he was elected to the Order of the Coif, was Topics Editor of the Law Review, served as a junior fellow at the Center for International Studies, twice received the John Norton Pomeroy Prize for academic excellence and was awarded the Benjamin Butler Prize.  Following graduation, Mr. Chesler clerked for Hon. Inzer B. Wyatt of the U.S. District Court for the Southern District of New Y


Gregory A. Markel is co-chair of the Securities Litigation Department of Seyfarth Shaw LLP and is Chairman of the Center for Corporate Governance at The New York County Lawyers Association. He recently won (for the third time) a Burton Award for distinguished legal writing. He is a nationally known trial lawyer, widely recognized by ratings publications, including Chambers, Legal 500, Super Lawyers and is a LawDragon Hall of Fame Member. Best Lawyers named him 2018 Lawyer of the Year for Merger Litigation. His practice concentrates on securities litigation, mergers and acquisition litigation, directors and officers defense, and antitrust litigation particularly in bet-the-company cases. Mr. Markel speaks and writes frequently on corporate governance, securities litigation, jury trial practice, and other legal topics. He is a member of the Boards of the New York County Lawyers Association, Junior Achievement of New York and the Historical Society of New York Courts.

A graduate of Yale Law School, he holds an MBA in finance and accounting from the University of Michigan and is a member of the litigation and antitrust sections of the American Bar Association.


John Gleeson was a federal judge for 22 years before joining Debevoise & Plimpton in 2016 as a litigation partner in the White Collar & Regulatory Defense and Commercial Litigation Groups. While a judge, he authored more than 1,500 published opinions (including 14 opinions for the United States Court of Appeals for the Second Circuit, sitting by designation) and presided over more than 200 civil and criminal jury trials.

Before his appointment to the bench in 1994, Mr. Gleeson was a federal prosecutor in the same courthouse for 10 years. He served as Chief of Appeals, Chief of Special Prosecutions, Chief of Organized Crime, and Chief of the Criminal Division. Mr. Gleeson received the Attorney General’s Distinguished Service Award for his role as lead prosecutor in United States v. John Gotti.

Mr. Gleeson has taught law for 29 years. Over the past 23 years, he has taught courses in Complex Federal Investigations and Sentencing at New York University School of Law. He is a member of the American Law Institute, a trustee of the Vera Institute of Justice, a member of the Board of Directors of the NYU Institute of Judicial Administration and a member of the Advisory Board of the Program on Corporate Compliance and Enforcement at NYU School of Law.

Mr. Gleeson’s awards include the following: The Thomas Jefferson Foundation Medal in Law, University of Virginia (2016); Honorary Doctor of Laws, Northern Kentucky University (2016); The Distinguished Jurist in Residence, Cornell Law School (2016); The Distinguished Jurist Award, Defense Association of New York (2016); The Judicial Recognition Award, National Association of Criminal Defense Lawyers (2015); The Hon. William Brennan Award for Outstanding Jurist, New York State Association of Criminal Defense Lawyers (2014); The Green Bag Exemplary Writing Award, for United States v. Dossie (2013); The Green Bag Exemplary Writing Award, for United States v. Ovid (2011); Special Recognition Award, New York Criminal Bar Association (2009); and The Hon. Edward Weinfeld Award, New York County Lawyers’ Association (2008)

Mr. Gleeson’s publications include Federal Criminal Practice: A Second Circuit Handbook (18th Edition) (2018) and numerous articles. 

Mr. Gleeson earned his law degree from the University of Virginia School of Law and went to college at Georgetown University.


John S. Siffert is a partner at Lankler Siffert & Wohl LLP, where he practices civil commercial litigation and white collar criminal & government regulatory defense.  He is an Adjunct Professor at NYU School of Law and co-author of Sand Modern Federal Jury Instructions (Civil and Criminal). 

He served on the Judicial Conference Advisory Committee on Criminal Rules from 2012-2018.  He sits on the Advisory Committee to the Second Circuit Committee on Civic Education.  He currently serves on the Attorney Panel of the Committee on Grievances for the United States District Court for the SDNY and previously served on the Disciplinary Committee of the First Department.  Mr. Siffert is currently on the Mediation Panel for the SDNY and previously served as Special Master for the First Department.  He is the court- appointed Special Master and Mediator in Gulino v. Board of Education.  

He is a Fellow and past Regent of the American College of Trial Lawyers and serves on the Board of its Foundation.  He currently serves on the Board of the Practising Law Institute and its Executive Committee.  He serves on the Executive Committee of the Federal Bar Council Inn of Court and previously was President.  He also serves as a Trustee on the Board of the Historical Society of the New York Courts and is Vice Chair of Projects & Initiatives. 

He received the 2009 Second Circuit American Inns of Court Professionalism Award.  In 2014, he received the Healing & Hope Award from the Campaign for the Fair Sentencing of Youth.  He received the 2017 Albert Nelson Marquis Who's Who Lifetime Achievement Award.  He received the 2018 George A. Katz Torch of Learning Award from the American Friends of the Hebrew University.

He was an Assistant U.S. Attorney in the SDNY and served as law clerk to Hon. Murray I. Gurfein.  He graduated from Columbia Law School and Amherst College. 


Judge Berman has been a United States District Judge for the Southern District of New York since November 1998, taking senior status in 2011.  He received a B.S. degree from Cornell University in 1964, a J.D. degree in 1967 from N.Y.U. School of Law, and a M.S.W. in May of 1996 from the Fordham University Graduate School of Social Service. He received a Diploma of Comparative Law in 1968 and a Diploma of International Law in 1970 from the University of Stockholm Faculty of Law.

Judge Berman was an associate at Davis Polk & Wardwell from 1970 to 1974, and served as the Executive Assistant to United States Senator Jacob K. Javits from 1974 to 1978. In 1978, he became General Counsel to Warner Cable Corporation (and to MTV Networks Inc. in 1984). In 1986, he became a member of LeBoeuf, Lamb, Greene & MacRae and served as managing partner of LeBoeuf Lamb’s Los Angeles office from 1989 to 1991. From May 1995 until his appointment as a Federal District Judge, he served as a New York State Family Court Judge for Queens County.

Judge Berman has lectured on the “Rule of Law” and the “Independence of the Judiciary” in Tirana, Albania (2013) and Istanbul, Turkey (2014). He is the author of  “Special Immigrant Juvenile Status”, “A Team Model to Identify Child Abuse,” “Seven Steps to Protect Children,” and “Community Service for Juvenile Offenders,” published in the New York Law Journal.  Judge Berman has served as Chairman of the Southern District’s Media Relations and Magistrate Judges Committees. He is currently Chairman of the Senior Judges Committee and is a member of the Southern District’s Clerk’s Office, and Mediation Services Committees.  He is also a member of the New York State-Federal Council and the New York County Lawyers’ Association Family Court Task Force.  He has served as an Adjunct Professor at New York Law School and as a member of the New York State Permanent Judicial Commission on Justice for Children.


Judge Denise Cote was appointed United States District Judge for the Southern District of New York on August 10, 1994.  Judge Cote has held positions in both the private and public sectors.  For approximately eight years, beginning in 1977, she was an Assistant United States Attorney in the Criminal Division of the United States Attorney’s Office for the Southern District of New York. She left that office as Deputy Chief of the Criminal Division in 1985 to join the law firm of Kaye, Scholer, Fierman, Hays & Handler.  In 1991, she returned to the United States Attorney’s Office as the first woman Chief of the Criminal Division, a post she held when Senator Daniel Patrick Moynihan recommended her to President Clinton for appointment as a federal Judge. 

 

Education:  Columbia Law School, J.D. (1975); Columbia University, M.A. (1969); Saint Mary’s College, B.A. (1968).


Justice Barry R. Ostrager received his undergraduate degree from the City College of the City University of New York in 1968 and his J.D. degree from New York University School of Law in 1973.

Justice Ostrager was appointed to the New York Court of Claims by Governor Andrew Cuomo in June, 2015, and served as an Acting New York Supreme Court Justice assigned to the Commercial Division. In June 2017, Governor Cuomo appointed Justice Ostrager to the New York State Supreme Court, and he remains assigned to the Commercial Division. Prior to his appointment, except for a federal judicial clerkship, Justice Ostrager spent his entire pre-judicial career at Simpson Thacher & Bartlett, LLP, becoming a partner in 1980 and serving as Chair of the firm’s Litigation Department from 1999-2011. As a frontline trial and appellate litigator, Justice Ostrager tried many multi-billion dollar cases to verdict and argued scores of appeals, including two successful arguments before the United States Supreme Court.

Justice Ostrager is the co-author of the Handbook on Insurance Coverage Disputes, 19th Edition (Wolters Kluwer 2019); co-author of Modern Reinsurance Law and Practice, 3d Edition (Thomson Reuters 2014), and a contributing author to Business and Commercial Litigation in Federal Courts (Thomson Reuters).

Justice Ostrager is a member of The City Bar, New York County Lawyers’ Association, New York State Bar Association, American Bar Association, American Law Institute, Federal Bar Council and the International Academy of Trial Lawyers.


Lawrence J. Zweifach is a litigation partner in Gibson, Dunn & Crutcher’s New York office. Mr. Zweifach is a nationally recognized trial lawyer, a Fellow of the American College of Trial Lawyers, and he has been acclaimed as one of the country’s best litigators in Lawdragon’s 500 Leading Lawyers in America.  Mr. Zweifach has served as trial counsel in a wide variety of cases, including securities, antitrust, accounting, auditing, RICO, mail and wire fraud, tax and bankruptcy, as well as contract, corporate control and partnership disputes.  His experience includes numerous high-profile criminal cases that he tried during his nine years as a federal prosecutor at the United States Attorney’s Office for the Eastern District of New York, where he was Chief of the Criminal Division.  He has represented a broad spectrum of clients, including public and private corporations, public accounting firms, investment banks, boards of directors, special committees, audit committees, corporate officers and directors, investment advisors, hedge funds, mutual funds and broker-dealers.

Chambers USA:  America’s Leading Lawyers for Business ranked Mr. Zweifach among the top Securities Enforcement lawyers in the country, among the leading Securities Litigators in New York, and among the leading White Collar Criminal Defense Lawyers in New York. He also has been recognized as a National and Local “Litigation Star” by Benchmark Litigation. In addition, Mr. Zweifach has been recognized in Benchmark Litigation’s Top 100 Trial Lawyers in America, Euromoney’s Guide to the World’s Leading White Collar Crime Lawyers, The Legal 500, The International Who’s Who of Business Crime Defense Lawyers, The International Who’s Who of Investigations Lawyers & Forensic Experts, and the White Collar Crime Lawyers Expert Guide.   He is also a recipient of the New York City Bar Association’s Thurgood Marshall Award for his pro bono defense of capital cases.


Mark Cohen is a partner of the firm, which he co-founded in 2002,  and is head of the firm's Litigation and Arbitration and White Collar Defense groups.  Mark’s litigation practice includes complex commercial litigation, real estate litigation, shareholder, securities, and derivatives litigation, employment litigation, corporate control and M&A litigation, and antitrust litigation. He also focuses on white collar defense, regulatory enforcement, and internal investigations, where he represents companies, financial institutions, corporate boards and their committees, and individual clients in white collar criminal cases, federal and state regulatory proceedings, proceedings before self-regulatory organizations, and corporate internal investigations. Mark is a fellow of the American College of Trial Lawyers.

Since 2011, he has served as a court-appointed monitor for the largest fire department in the country following his appointment by the U.S. District Court for the Eastern District of New York. The monitorship involves implementing the Court’s remedial order following a lawsuit alleging racial discrimination.

Mark is a magna cum laude graduate of the University of Michigan Law School, where he was a Note Editor of the Law Review. He formerly practiced with Fried, Frank, Harris, Shriver & Jacobson and served as an Assistant United States Attorney for the Eastern District of New York.

Mark has been ranked by the Chambers USA guide as a “Leading Individual” in the white collar crime and government investigations category each year since 2013 and has been recognized in its securities litigation category since 2016. He is recognized in Legal 500’s U.S. guide in the categories of corporate investigations and white collar criminal defense, securities litigation, and general commercial disputes. He is regularly recognized by The Best Lawyers in America in the Criminal Defense: White Collar category, and has been a member of Law360's editorial advisory board for its white collar coverage since 2014. He has also been named a “Local Litigation Star” in the last six editions of Benchmark Litigation and has been included as one of New York’s Super Lawyers for Business Litigation each year since 2008. Mark has been selected by Super Lawyers each year since 2014 as one of the top 100 lawyers in the  New York metropolitan area. He is a visiting lecturer at the Sorbonne University in Paris, teaching a course to French law students on U.S. white collar criminal law.

Activities and Affiliations

Fellow, American College of Trial Lawyers Board of Trustees, Federal Bar  Council Visiting Lecturer, Sorbonne University (Paris)

Member, Law360 Editorial Advisory Board (for White Collar Coverage)

Member, Securities Industry and Financial Markets Association (Compliance and Legal Division) Member, American Bar Association (Section on Litigation)

Former Co-Chair, Securities Subcommittee of the Committee on Commercial and Business Litigation, American Bar Association

Board of Trustees, Supreme Court Historical Society Member, New York City Bar Association

Board of Directors, New York Council of Defense Lawyers, 2008-2011 Member, UJA-Federation of New York (Lawyers Division, Criminal Law Group)

Practice Areas

Litigation and Arbitration; White Collar Defense

Education

University of Michigan Law School (J.D., magna cum laude, 1987); Cornell University (B.A., Phi Beta Kappa, 1984)

Bar Admissions

New York State; U.S. District Courts for the Southern and Eastern Districts of New York; U.S. Court of Appeals for the Second Circuit


Richard J. Sullivan was sworn in as a United States Circuit Court Judge for the Second Circuit in October 2018.  Before that, Judge Sullivan served for eleven years as a United States District Judge for the Southern District of New York.  Prior to becoming a judge, he was General Counsel and Managing Director of Marsh Inc., the world's leading risk management and insurance brokerage firm.  From 1994 to 2005, he served as an Assistant United States Attorney in the Southern District of New York, where he was Chief of the International Narcotics Trafficking Unit and Director of the New York/New Jersey Organized Crime Drug Enforcement Task Force.  In 2003, he was awarded the Henry L. Stimson Medal from the Association of the Bar of the City of New York.  In 1998, he was named the Federal Law Enforcement Association=s Prosecutor of the Year.  Prior to joining the U.S. Attorney=s Office, he was a litigation associate at Wachtell, Lipton, Rosen & Katz in New York and a law clerk to the Honorable David M. Ebel of the United States Court of Appeals for the 10th Circuit.  He is a graduate of Yale Law School, the College of William & Mary, and Chaminade High School on Long Island.  From 1986 to 1987, he served as a New York City Urban Fellow under New York City Police Commissioner Benjamin Ward.  Judge Sullivan is on the executive board of the New York American Inn of Court and the Center for Law and Religion at St. John’s University School of Law.  He is an adjunct professor at Columbia Law School, where he teaches courses on sentencing and jurisprudence, and he previously served as an adjunct professor at Fordham Law School, where he taught courses on white collar crime and trial advocacy and was named Adjunct Professor of the Year. 


A partner and co-chair of the Litigation Department, Theodore V. Wells, Jr. has extensive litigation experience in white-collar defense, complex civil and corporate litigation, SEC regulatory work, healthcare fraud, FCPA, AML and OFAC investigations, environmental matters and class action litigation.

In 2010, The National Law Journal named Ted one of “The Decade’s Most Influential Lawyers” and over the years has repeatedly selected him as one of the 100 most influential lawyers in America, including naming Ted as the Lawyer of the Year in 2006. Ted also has been recognized as one of the outstanding jury trial lawyers in the United States by numerous publications including Chambers USA, which has noted that Ted “is considered by many to be ‘the best trial lawyer in the country.’” Since 2013, Chambers USA has named Ted a Star Performer in three categories: nationwide trial litigation, New York general commercial litigation and New York white-collar crime and government investigations, and Benchmark Litigation named him in similar categories. Ted has also been named to The National Law Journal’s 2015 “Litigation Trailblazers” list, which honors 50 individuals who have changed the practice of litigation through the use of innovative legal strategies.


Governor Andrew M. Cuomo appointed Justice Jeffrey K. Oing to the Appellate Division, First Department of the New York State Supreme Court on June 12, 2017.  Prior to his appointment, Justice Oing served as a Judge in Civil and Supreme Court for fourteen years.  Justice Oing began his judicial career when he was elected to the New York County Civil Court on November 4, 2003.  On June 18, 2009, he was appointed Supervising Judge of the New York County Civil Court and was designated an Acting Supreme Court Justice of the Supreme Court of the State of New York.  As Supervising Judge, Justice Oing was responsible for the day-to-day Civil Court operations at 111 Centre Street.  In addition to his supervisory duties, he presided over jury and nonjury trials, and conferenced and mediated cases.  On November 2, 2010, Justice Oing was elected to the Supreme Court of the State of New York.  In Supreme Court, Justice Oing was assigned to the Commercial Division where he presided over complex business and financial disputes, such as a contentious dispute involving three retail giants – Macy’s, Martha Stewart and J.C. Penney, and a nonjury trial involving a century old Greco-American educational alliance concerning Athens College, a pre-eminent, leading educational institution situated in Greece.

Justice Oing has over twenty-five years of legal and administrative experience, the majority of which has been in public service.  In 2002-2003, Justice Oing served as Deputy General Counsel, Office of the General Counsel, The Council of the City of New York, overseeing litigation and legal matters involving the City Council.  During that year, Speaker Gifford Miller appointed him Deputy Director for the New York City Districting Commission, where he was responsible for assisting the Commission in redistricting the City’s fifty-one City Council districts, and for obtaining from the United States Department of Justice preclearance under the Voting Rights Act for these council districts.

Between 1993 and 2002, Justice Oing held various positions in the NYS Supreme Court.  From 1993 to 1995, Justice Oing served as Court Attorney in the NYS Supreme Court (New York County).  He also served as Law Secretary to Justice Marylin G. Diamond (1995-1998) and to Justice Walter B. Tolub (2000-2002).  Between 1998 and 2000, Justice Oing was a Principal Appellate Court Attorney in the Appellate Division, First Department.  In those positions, he had the opportunity to assist in authoring major decisions ranging from contract law to constitutional law.

Before joining the NYS Supreme Court, Justice Oing spent several years in private practice concentrating on commercial litigation.  In the midst of private practice, he served a brief stint as Assistant Counsel to New Jersey Governor Jim Florio.  Prior to entering private practice, Justice Oing began his legal career as judicial law clerk to Chief Justice Robert N. Wilentz of the Supreme Court of New Jersey.  During his clerkship, he worked on Abbott v. Burke, a major education funding case in which the Court held that New Jersey’s education funding formula was unconstitutional because it denied poorer urban school districts a “thorough and efficient” education as mandated by the state’s constitution.

Justice Oing received his B.A. in English from Columbia College (1986), and his J.D. from New York University School of Law (1989).  At NYU, he was a staff editor for the Journal of International Law and Politics.  Justice Oing serves on the board of directors of The Chinese-American Planning Council, Inc., a not-for-profit social services, educational and planning organization serving the City’s Asian communities.  Other memberships include: New York City Bar; New York State Bar Association; New York County Lawyers’ Association; Asian American Bar Association of New York; The Jewish Lawyers Guild; and New York Women’s Bar Association.


Judge Preska was appointed United States District Judge for the Southern District of New York on August 12, 1992 and entered duty on September 18, 1992.  She served as Chief Judge from June 1, 2009 to the May 31, 2016.  Judge Preska received a B.A. from the College of St. Rose in Albany, New York in 1970, a J.D. from Fordham University School of Law in 1973, and an LL.M. in Trade Regulation from New York University Law School in 1978.  Following graduation from Fordham, Judge Preska was an associate at Cahill Gordon & Reindel LLP and an associate and, beginning in January 1983, a partner at Hertzog, Calamari & Gleason until her induction as a United States District Judge in September 1992.


Many leading technology and life sciences companies call on Michael Jacobs to lead trial teams in their most complex litigation. He served as co-lead counsel in two of the most-watched intellectual property battles of recent memory, including a high-profile smartphone case leading to a jury verdict of over $1 billion. He represented Uber in defending it against Waymo’s autonomous vehicle trade secret claims.  Chambers has called him a “real star” and a “pillar of the Silicon Valley patent litigation community.” Clients have described him as “simply outstanding…he is a superb writer and strategist, as well as super-smart and articulate in court.”

Mr. Jacobs is listed in Band 1 by Chambers USA in its 2018 California Intellectual Property category, which describes him as an “extremely smart, articulate and professional” patent litigator who has an “uncanny ability to connect with both the judge and jury.” He is listed among the top attorneys in The BTI Client Service All-Star MVP, nominated by clients and selected for consistent outstanding client service. Mr. Jacobs has won the California Lawyer Attorneys of the Year (CLAY) award three times, first for his advocacy on behalf of Intel in the Intel v. Hamidi “trespass to chattels” case, in 2012 for his defense of Novell in SCO v. Novell, and in 2014 for his role as co-lead counsel in a billion dollar smartphone trial. He also has been named “Litigator of the Week” by The American Lawyer for his victories in the Novell case and the smartphone trial.

Mr. Jacobs' work in several landmark cases has helped to shape the laws governing emerging technologies. In the widely reported SCO v. Novell Linux copyright litigation, he defeated SCO’s $200 million claim in a three-week jury trial, prevailed in a bench trial on Novell’s multi-million dollar claims, and successfully defended those results on appeal in the 10th Circuit. He also represented Autodesk in the Vernor v. Autodesk case, which established that copyright’s first sale doctrine does not immunize the re-sale of licensed software.

In addition, he has represented leading life sciences companies in their cutting edge litigation, including Chiron in its HCV protease litigation, Abraxis in its nanoparticle anticancer treatment dispute with Elan Pharma, and QLT in its litigation with TAP Pharmaceutical involving the Eligard anticancer treatment. He currently represents Genentech in its patent litigations with Phigenix and against Eli Lilly.

Mr. Jacobs has also achieved victories in important pro bono cases. He was co-lead counsel for plaintiffs in the landmark Williams v. State of California class action, which led to a settlement in which the State undertook to address shocking conditions in California’s lowest performing schools. He also represented the Jewish Community Relations Council and the Anti-Defamation League in a successful pre-election challenge to an anti-circumcision initiative slated for San Francisco’s ballot.

Mr. Jacobs frequently speaks on cutting-edge intellectual property issues. For example, for the last several years he has participated in the Federal Judicial Center-Berkeley Center for Law & Technology’s education program for federal judges.

Education

  • Stanford University (B.A., 1977)
  • Yale Law School (J.D., 1983)


Notably, Michele Roberts is the first woman to head a major professional sports union in North America. In her role as Executive Director, Ms. Roberts serves as the primary advocate for all players, ensuring the protection of the organization and its membership, including serving as the lead negotiator in all collective bargaining activities. Prior to this selection, Ms. Roberts was a renowned trial lawyer and member of Skadden, Arps, Slate, Meagher & Flom’s Litigation Group. Her practice focused on complex civil and white collar criminal litigation before state and federal courts and in administrative proceedings. Ms. Roberts has tried more than 100 cases to jury verdicts, representing clients in a wide variety of areas, including products liability, white collar, racketeering, securities regulation violations, Title VII issues and premises liability. She has been called the “finest pure trial lawyer in Washington, D.C.” by Washingtonian Magazine.

Ms. Roberts is a fellow of the American College of Trial Lawyers.

Ms. Roberts also served for eight years in the office of the Public Defender Service for the District of Columbia, where she was named Chief of the Trial Division. She served as counsel in more than 40 jury trials.

Ms. Roberts is a frequent lecturer and presenter to both the bench and bar on a variety of topics related to litigation and trial practice. She served as an adjunct member of the faculty at Harvard Law School, teaching a Trial Advocacy Workshop and was an instructor with the National Institute of Trial Advocacy.


The Honorable Gregory H. Woods was nominated to the Southern District bench on May 9, 2013 and was confirmed by the United States Senate on November 9, 2013. He graduated magna cum laude from Williams College in 1991 and graduated from Yale Law School in 1995.

From 1995 until 1998, Judge Woods was a Trial Attorney in the Civil Division of the United States Department of Justice in Washington, DC. Judge Woods joined Debevoise & Plimpton in New York City in 1998 and became an equity partner of the firm in 2004. Judge Woods left Debevoise in 2009, when he was appointed to serve as Deputy General Counsel of the United States Department of Transportation in Washington, DC. Judge Woods was nominated to serve as General Counsel of the United States Department of Energy in August 2011 and was unanimously confirmed to serve in that position by the United States Senate in April 2012.


Edgardo Ramos was appointed United States District Judge for the Southern District of New York on December 6, 2011 and entered on duty on December 15, 2011. Judge Ramos graduated from Yale College and Harvard Law School. From 1987 to 1992, Judge Ramos was an associate with the law firm of Simpson Thacher & Bartlett. In 1992, he joined the Office of the United States Attorney for the Eastern District of New York where he prosecuted a wide array of federal crimes including white collar frauds and public corruption. He received the Director’s Award for Superior Performance as an Assistant United States Attorney in 1999. Judge Ramos joined the law firm that would ultimately become Day Pitney LLP in June 2002 as a partner in the white collar defense group. In 2003, he was appointed by New York City Mayor Michael Bloomberg to serve on the Commission to Combat Police Corruption. Judge Ramos has served on the governing boards of the Hispanic National Bar Association, the Connecticut Hispanic Bar Association and the Puerto Rican Bar Association of New York City. He has also served on the Criminal Law and Municipal Affairs Committees of the New York City Bar Association. In 2008, Judge Ramos was elected as a James W. Cooper Fellow of the Connecticut Bar Foundation.


The Honorable LaShann DeArcy Hall received her commission to serve as a United States District Judge for the Eastern District of New York on November 17, 2015.  Prior to her nomination by President Barack Obama, Judge DeArcy Hall worked as a commercial litigation trial lawyer, serving as an associate at Cravath, Swaine & Moore and Gibson, Dunn & Crutcher.  Immediately prior to her judicial confirmation, Judge DeArcy Hall served as a partner in Morrison & Foerster’s commercial litigation group.  Judge DeArcy Hall was twice appointed by Mayor Bloomberg to serve as a Commissioner on the New York City Taxi and Limousine Commission.  She also served as a Commissioner on the New York State Joint Commission on Public Ethics.  Judge DeArcy Hall received her Bachelor of Arts degree from Antioch College and graduated, magna cum laude, from Howard University School of Law in 2000.  She served in the United States Air Force from 1995 to 1997.