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Ethics for Commercial Litigators 2018


Speaker(s): C. Evan Stewart, David Sarratt, Michael J. Dell, Susan J. Kohlmann
Recorded on: Feb. 23, 2018
PLI Program #: 219707

Michael J. Dell is a leading trial and appellate lawyer who has been successfully resolving business disputes for his clients for more than 30 years. Michael represents corporations, accounting and financial services firms, and individuals in civil litigation in state and federal courts, in internal investigations, and in connection with investigations and enforcement proceedings before government and regulatory agencies, including the Securities and Exchange Commission (SEC) and the Public Company Accounting Oversight Board (PCAOB). His work on behalf of his clients involves a broad range of business matters, including securities, accountants’ and auditors’ liability, commercial, real estate and insurance, patents and intellectual property, False Claims Act, ERISA, fiduciary and employment, antitrust, and trusts and estates lawsuits. A skilled advocate, Michael has extensive experience representing clients in alternative dispute resolution (ADR) proceedings, including arbitrations and mediations before FINRA (the Financial Industry Regulatory Authority), the American Arbitration Association, the International Center for Dispute Resolution, JAMS, the CPR Institute for Dispute Resolution and other ADR forums. Although he most often represents defendants, Michael has secured many judgments and settlements on behalf of plaintiffs.

Education

  • J.D., magna cum laude, Harvard Law School, 1978
  • Associate Editorial Director, Harvard Law Review, 1977-1978
  • Editor, Harvard Law Review, 1976-1977
  • B.A., with honors, Oxford University, Wadham College, 1975

Clerkship

  • Honorable Stanley A. Weigel, U.S. District Court, Northern District of California, 1978-1979

Honors and Distinctions

  • Woodward White Inc.’s Best Lawyers in America (2010-2019)
  • Euromoney Institutional Investor PLC’s Benchmark Litigation (2007-2019)
  • Thomson Reuters’ New York Super Lawyers (2006-2018)
  • Chambers and Partners’ Chambers USA (2014-2018)
  • Legalease’s Legal 500 US (2011-2018)
  • NYSBA’s Empire State Counsel Honor (2015)

Bar Admissions

  • District of Columbia, 1992
  • New York, 1979

Court Admissions

  • U.S. Supreme Court


Susan J. Kohlmann is an experienced litigator in our Content, Media & Entertainment Practice, chair of the Trademark, Advertising and Unfair Competition Practice and managing partner of the firm's New York Office. Clients seek her counsel on a wide variety of complex matters, including copyright, trademark and trade secret disputes. She has also represented companies in various class action and other complex commercial matters. In addition to her extensive experience in jury and bench trials and arbitration proceedings, Ms. Kohlmann has extensive experience briefing and arguing appeals in the New York appellate courts and several federal circuit courts.

Ms. Kohlmann is consistently recognized by Legal 500 for her leadership in copyright law, and in 2018, was named one of only eight “Leading Lawyers” in the nationwide category.  She has also been recognized by Legal 500 for appellate and Supreme Court litigation as well as media and entertainment law. Chambers USA has consistently recognized Ms. Kohlmann in its Intellectual Property: Trade Mark & Copyright (New York) practice area. She was named American Lawyer’s “Litigator of the Week” in September 2017 for leading a Jenner & Block team to a $13.15 million verdict for the Estate of Elaine Steinbeck, the late third wife of author John Steinbeck, in a trial over the rights to the writer’s works. She was also named a 2018 National Law Journal “Intellectual Property Trailblazer” for the victory. The trial win also earned the firm a spot as a “Legal Lion” on Law360’s weekly “Legal Lions and Lambs” report. Managing Intellectual Property consistently names her an “IP Star” and has named her among the “Top 250 Women in IP.” A member of Jenner & Block’s Policy Committee, Ms. Kohlmann also serves as chair of the firm’s Diversity Committee and on the New York office's Pro Bono Committee.

 


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.


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.