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Fundamentals of Taking and Defending Depositions 2018


Speaker(s): Barbara J. Hart, Blythe E. Lovinger, David A. Piedra, David G. Keyko, Denise L. Plunkett, Eric J. Marandett, Eugene T. Boulé, Ian Simmons, James S. Goddard, Kristin V. Gallagher, Partha P. Chattoraj, Randi W. Singer
Recorded on: Mar. 9, 2018
PLI Program #: 220489

Barbara J. Hart is President and CEO of Lowey Dannenberg, P.C., a fifty attorney firm specializing in complex securities and antitrust litigation. Ms. Hart, as Lead Counsel, recently won reversal before the 6th Circuit Court of Appeals for the NYC Public Pension Funds in litigation for shareholders of Community Health Systems Inc. Ms. Hart has been Lead Counsel in four of the top 100 largest securities class action settlements in history. She is a member of Thirty Percent Coalition working with institutional investors representing over $3.5 trillion in assets under management to see corporate boards become more diverse.

Noteworthy Cases & Achievements:
Ms. Hart recovered $219 million for upstate New York trade unions who had lost their pensions in the Madoff Ponzi scheme. Judge McMahon praised the “unprecedented global settlement” and recognized that Ms. Hart “carried the laboring oar.” Judge McMahon continued: “Your clients – all of them – have been well served . . . rarely has there been a more transparent settlement negotiation. It could serve as a prototype.”  Ms. Hart serves on the Steering Committee of the In re Packaged Seafood Antitrust Litigation prosecuting allegations of price fixing against the world’s largest tuna producers. In 2015, Ms. Hart, represented a doctor-whistleblower alleging false Medicaid billing and recovered a partial settlement of $22.4 million, the largest single New York Medicaid fraud recovery to date. In 2014, Ms. Hart tried a limited partnership dispute and after multiple days of testimony and oral argument won a multi-million dollar award.

Ms. Hart was Lead Counsel in the In re Juniper Networks Securities Litigation (N.D. Cal.) involving allegations of massive options backdating and gained a $169,000,000 settlement that the Hon. James Ware called an “excellent result.” The recovery was the third largest of any of the dozens of litigations involving options backdating. Ms. Hart served as lead counsel representing the Office of the Treasurer of the State of Connecticut in the In re Waste Management Securities Litigation, which settled for $457 million; then the third-largest securities class action settlement. Ms. Hart served as co-lead counsel in the In re Air Cargo Antitrust Litigation (E.D.N.Y) one of the largest collusion cases in history involving most of the world’s major airlines. Ms. Hart was co-lead counsel in the In re El Paso Corporation Securities Litigation, garnering a $285 million settlement. A few of her notable antitrust settlements include: In re Stock Exchange Options Trading Antitrust Litigation ($47 million settlement); In re Brand Name Drug Litigation ($65 million settlement); In re Augmentin Antitrust Litigation ($29 million settlement); In re Paxil Antitrust Litigation ($65 million settlement); In re Sodium Erythorbate and Maltol Antitrust Litigation ($18.45 million settlement); In re Synthroid Marketing and Antitrust Litigation ($87.4 million settlement); and In re Warfarin Sodium Antitrust Litigation ($44.5 million settlement). On behalf of her clients Ms. Hart pushed for reform to both New York’s Martin and Donnelly Acts. Ultimately, her efforts led to an amendment making New York an “Illinois Brick” repealer state, granting standing to injured New Yorkers. This precipitated similar amendments in other states. Ms. Hart co-edited the New York Antitrust and Consumer Protection Law handbook. Ms. Hart has successfully represented institutional investor clients as amici curiae on various matters, including on New York’s Martin Act.

Education:

  • B.A. Vanderbilt University (1982)
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  • M.A. University of North Carolina (1987)
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  • J.D. Fordham University School of Law (1992) Fordham Law Review 1989-1990; Dean’s List

 

Bar/Court Admissions:
Ms. Hart is admitted to practice in New York and Connecticut, and is a member of the bars of the U.S. Supreme Court; the U.S. Courts of Appeals for the 2nd, 3rd, and 7th Circuits; and the U.S. District Courts for the Southern and Eastern Districts of New York.


Blythe E. Lovinger is a Shareholder in the New York office of Vedder Price and a member of the firm’s Labor and Employment practice group.

Ms. Lovinger focuses her practice on employment litigation before federal and state courts, administrative agencies and arbitration panels. She has defended employers and senior executives against claims of discrimination, harassment and retaliation as well as actions brought under the Fair Labor Standards Act, the New York Labor Law and the Family and Medical Leave Act. Ms. Lovinger has extensive experience prosecuting and defending cases involving trade secrets, restrictive covenants, unfair competition and related business tort claims.

Ms. Lovinger advises clients on a wide range of employment issues, including disciplinary actions and terminations; employment, consulting and separation agreements; employment policies and practices; reductions-in-force; wage and hour auditing; investigations of alleged harassment and other employee misconduct; and litigation avoidance. Ms. Lovinger conducts numerous anti-harassment and other specialized training programs for clients.

She is a member of the Labor and Employment Law Committee of the New York City Bar Association.

Court Admissions

U.S. Court of Appeals, Second Circuit, 2009
U.S. District Court, Eastern District of New York, 1996
U.S. District Court, District of New Jersey, 1996
U.S. District Court, Southern District of New York, 1996

Bar Admissions

New Jersey, 1995
New York, 1996

Affiliations

Member, Labor and Employment Law Committee, New York City Bar Association


David A. Piedra is a Partner in the Business Litigation Department of Morrison Cohen LLP, and also serves as the Firm’s General Counsel. He handles all phases of complex litigation, from pleading through trial and appeals.  David has a broad-based litigation practice, with a focus on real estate, insurance, and partnership matters. David regularly advises clients in connection with the defense or prosecution of contract claims, lease disputes, valuation disputes, dissolutions of partnerships or corporations, business tort claims, and other commercial disputes. David is frequently called upon to represent high net-worth individuals in professional and personal disputes, including partnership, contract, employment, compensation, securities, and royalty disputes.  David also serves as an arbitrator on the American Arbitration Association’s roster of neutrals.


David Keyko is a partner in the law firm's Litigation practice and is located in the New York office. His practice has focused on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities or other types of fraud, antitrust violations, ethics issues and trusts and estates issues across the country, often involving insurance coverage issues. He has conducted internal investigations and represented clients responding to government probes. He has also served as an expert witness in connection with legal malpractice litigation. Among the prominent cases Mr. Keyko has handled was the representation of a defendant in a $1.4 billion antitrust lawsuit.

Mr. Keyko was named the "New York City Best Lawyers Ethics and Professional Responsibility Law Lawyer of the Year" for 2012, 2017 and 2019. He has lectured and written widely on securities, antitrust, legal ethics and general litigation topics, and chairs PLI's programs on federal pretrial practice and ethics for corporate lawyers. He is a former columnist for the New York Law Journal and has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal.

Mr. Keyko has undertaken a variety of pro bono projects, including representing for over 20 years a death row inmate in Alabama asserting that the inmate is innocent of the crime for which he was convicted, serving as Chair of the Board of Mobilization for Justice Legal Services, Inc., and serving two terms as a member of the Departmental Disciplinary Committee of the First Department. He was Chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York. He chaired the ad hoc committee of the Association that commented on proposed SEC regulations under Section 307 of the Sarbanes-Oxley Act of 2002. He is currently a trustee of the Association and is the chair of the ABA Legal Referral and Information Service Committee.

Mr. Keyko is a member of Pillsbury's Sarbanes-Oxley Committee, Opinions Committee and Professional Responsibility Committee. He is an adjunct professor at the Fordham University School of Law where he teaches legal ethics.


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.


As co-chair of the firm’s antitrust and competition practice, Ian Simmons has been lead counsel in more than 32 multi-district litigation (MDL) antitrust proceedings and has achieved precedent-setting results, including winning summary judgment for Samsung Electronics in the long-running In re: Optical Disk Drive litigation in which class plaintiffs were seeking U.S. $3 billion in damages. In 2019, the National Law Journal, in recognizing the DC office as litigation department of the year, singled out the $3 billion summary judgment victory for Samsung Electronics.  In addition to his extensive cartel experience, Ian is steeped in matters at the fulcrum of the antitrust analysis of intellectual property including the antitrust analysis of standard essential patents and FRAND obligations: in the Ninth Circuit, he represented 40 of the nation’s leading antitrust scholars in support of affirmance in Federal Trade Commission v. Qualcomm, Inc. and he represents Novartis Pharma AG in an antitrust action involving eye treatments. He has argued in the U.S. Court of Appeals for the Second, Third, Fourth, Seventh and Ninth Circuits.

An alumnus of the U.S. Department of Justice Antitrust Division, Ian’s career has been highlighted by several “firsts”: he was trial counsel in the first jury trial price fixing case to attack a wholly foreign conspiracy; he argued and won in the US Court of Appeals for the Ninth Circuit in what it called “a case of first impression” on the preemption of state antitrust laws; he is counsel to Bitcoin.com and Roger Ver in the first antitrust case involving crypto currency; and he is counsel to Samsung Bioepis in the first “pay for delay” case involving biosimilars (the district court, in lengthy opinion to be published, dismissed the claims. In re Humira Antitrust Litig., ____ F. Supp.3d ____ (N.D. Ill. 2020)). Ian recently achieved a significant dismissal in In re DRAM Antitrust Litigation, 400 F.3d Supp. 897 (N.D. Cal. 2019).

Ian’s representations are not limited to defense side work (as exemplified by the amicus brief in Federal Trade Commission v. Qualcomm, Inc.): he is counsel in the Southern District of New York to US Airways (American Airlines as successor in interest) in a cutting edge monopolization case involving two sided markets; the case alleges SABRE has illegally monopolized certain markets for the distribution of airline tickets.  Ian’s defeat of class certification in the Optical Disk Drive Litigation marked only the second time that class certification was defeated in a civil case where guilty pleas had been entered.  Ian is a member of the ABA antitrust section leadership and has appeared as a panelist or moderator at eight ABA antitrust spring meetings. A thought leader in cartel litigation, including representations of multinational clients such as Novartis, Marriott International, Samsung Electronics, Asiana Airlines, Hyundai Motors Corp. and Kumho Petrochemicals. 

WWL Competition 2018 applauded him with “Ian Simmons impresses peers and clients alike who consider him ‘a super smart litigator with great instincts’” Ian was also named a 2017 National Law Journal “antitrust trailblazer.”  Ian is a senior lecturing Fellow at Duke Law School.


Denise L. Plunkett is a partner in the Antitrust group at Axinn, Veltrop & Harkrider. 

Ms. Plunkett has significant litigation experience in the payment card, financial services, and pharmaceutical industries.  Her matters have included high-stakes commercial disputes, class actions, multidistrict litigations, international arbitration, and government investigations.  In 2020, she was recognized as a leading lawyer for antitrust plaintiffs by Best Lawyers, and her experience includes numerous bench and jury trials and appeals, and many fact and expert depositions.


Eric Marandett, co-chair of Choate’s Intellectual Property Litigation Group, has nearly 30 years of experience representing biotechnology, pharmaceutical, and technology companies in high stakes patent litigation and other intellectual property and commercial disputes in order to protect their mission-critical intellectual property portfolios. Clients appreciate Eric’s combinination of a keen business savvy that comes from years of experience in the biopharma space with the courtroom skills of a seasoned trial lawyer. He is a go-to resource for a range of “bet-the-company” disputes, from competitor patent infringement litigation including Hatch-Waxman and biosimilar litigation, to trade secret and licensing/collaboration disputes. Eric also regularly handles IPR trials and other post-grant proceedings before the United States Patent and Trademark Office, and provides strategic counseling and diligence advice to clients in connection with their transformative transactions.

Eric has been named to Who’s Who Legal’s list of top patent attorneys and was the 2017 Boston “Lawyer of the Year” for Intellectual Property Litigation. He is listed in the Massachusetts Super Lawyers Top 100 and Chambers USA. He has been listed in The Legal 500, and named a “World’s Leading Patent Litigator” by IAM 250, a “World’s Leading Patent Practitioner” by IAM Patent 1000, an “IP Star” by Managing Intellectual Property, one of the world’s leading practitioners in patent law by Patent Expert Guide, and a “Litigation Star” by Benchmark Litigation.

Eric’s recent experience includes:

  • Chiesi USA, Inc. and Chiesi Farmaceutici S.p.A. v. Hikma Pharmaceuticals USA, Inc., D. Del. 2020: Represent Chiesi in Hatch-Waxman litigation involving generic versions of Ferriprox®.
  • Foundation Medicine, Inc. v. Guardant Health, Inc.: Represent Foundation Medicine in a patent infringement lawsuit related to methods of analyzing cell-free DNA for purpose of detecting genetic mutations related to cancer.
  • Shire v. CSL Behring LLC, D Del: Lead counsel to Shire (now Takeda) in patent infringement action relating to the treatment of hereditary angioedema.
  • Kashiv Biosciences v. Amgen, D NJ: Counsel to Kashiv Biosciences in patent litigation related to Kashiv’s application to the FDA seeking approval of its filgrastim product as a biosimilar to Amgen’s filgrastim product sold under the brand name Neupogen®.
  • Shire LLC v. Abhai LLC, D Mass: Counsel to Shire in Hatch-Waxman litigation involving generic versions of ADDERALL XR®.
  • Momenta v. Amphastar et al.: Co-Lead Counsel to Momenta in patent infringement action relating to innovative methods of processing therapeutic polysaccharides. Obtained preliminary injunction precluding sales of generic enoxaparin by Amphastar Pharmaceuticals.
  • Guardant Health, Inc. v. Foundation Medicine, Inc.: Counsel to Foundation Medicine in patent infringement case relating to methods for detecting genetic mutations, challenging that Foundation has engaged in false advertising and unfair competition practices.
  • Children’s Medical Center Corporation v. Celgene Corporation, D Mass: Lead counsel to Celgene in breach of contract litigation regarding exclusive license agreement related to Revlimid and Pomalyst.
  • Adimab, LLC v. LinkedUp Bioscience, Inc. and Tao Wang, No., Mass. Super. Ct: Counsel to Adimab in trade secret misappropriation and breach of contract dispute brought against LinkedUp related to highly engineered yeast strains, and technologies for cultivating and utilizing those strains to express and screen antibodies that bind to target antigens.
  • Alnylam Pharmaceuticals, Inc. vs. Dicerna Pharmaceuticals, Inc.: Counsel to Alnylam Pharmaceuticals in trade secret misappropriation lawsuit brought against Dicerna Pharmaceuticals.
  • Foundation Medicine, Inc. v. Guardant Health, Inc., PTABCounsel to Foundation Medicine in IPR proceedings challenging patents directed to methods for detecting genetic mutations.
  • Saudi Arabian Oil Co. v. SK Innovation Co. Ltd., PTABCounsel to Saudi Arabian Oil Co. in an IPR proceeding challenging a patent directed to polycarbonates.
  • CSL Behring LLC v. Shire ViroPharma Inc., PTAB: In conjunction with litigation, advised Patent Owner Shire in defense of its patent directed to methods of treating hereditary angioedema by subcutaneous administration of a C1 esterase inhibitor.
  • Green Cross Corp. v. Shire Human Genetic Therapies, Inc., PTAB: Counsel for Shire in defending patents relating to novel methods for purifying recombinantly produced proteins for enzyme replacement therapy.
  • Kashiv BioSciences, LLC v. Amgen Inc., PTAB: Counsel for Kashiv in IPR proceedings challenging patents related to methods of protein refolding and purification.
Eric is a member of the American Bar Association Intellectual Property and Litigation sections, the American Intellectual Property Law Association, the Boston Bar Association, and the Massachusetts Bar Association. He is also on the board of Lawyers Committee for Civil Rights and was on the Executive Leadership Team for American Heart Association’s Lawyers Have Heart. In addition, he is on the board of the Boston IP Inn of Courts. Eric is also active in the Dana Farber Leadership 


Eugene Boulé focuses his trial practice on the defense of negligence-based lawsuits in New York state and federal courts. Gene has extensive experience with complex, high-exposure construction accident, aviation, premises liability and security, and product liability matters involving personal injury and property damage claims. He is particularly skilled in direct and cross-examination of important damages trial witnesses such as doctors, vocational rehabilitation experts and economists.

A significant portion of Gene’s practice involves representing owners and contractors in construction site litigation. With over 25 years of experience handling matters governed by New York’s Labor Law Gene has developed in-depth knowledge of the intricacies of the statutes, a strong background in contract interpretation and insurance obligations for the critical assessment and pursuit of risk transfer opportunities, and the ability to strategically plan litigation for the best outcomes for his clients. Gene has tried many construction site cases and has formed relationships in the New York Labor Law arena with attorneys, mediators and experts that enable him to achieve quality results. .

In addition, he represents commercial and general aviation interests, from manufacturers to airlines to facilities and all related service and support industries. Gene also regularly represents property owners and commercial tenants in premises liability matters ranging from negligent security matters to slip-and-fall actions to Dram Shop claims. In addition, he handles coverage matters on behalf of general liability insurers, issuing coverage opinions and litigating coverage issues.

Gene’s litigation approach reflects his clients’ desire for a high level of responsiveness, thorough analysis of claims and identification of opportunities for early resolution. He also is an experienced trial attorney and has obtained defense verdicts and favorable pre-trial results on behalf of his clients.


Kristin is a partner in the New Jersey office and has spent over two decades litigating, mediating, and arbitrating insurance coverage matters in federal and state courts around the country. She represents clients in the areas of commercial property and casualty, product contamination and product recall, professional liability, directors’ and officers’ liability, advertising liability, cyber risk, and environmental and mass tort claims. She also has significant experience in all aspects of bad faith litigation, including claims between primary and excess insurers.

Kristin's practice includes counselling insurers on large claim losses, risk analysis, policy drafting, bad faith exposures and general business matters. She is also a frequent lecturer on a myriad of insurance and litigation topics.

Earlier in her career, Kristin served as Law Clerk to The Honorable Peter E. Doyne, P.J.S.C., Superior Court of New Jersey, Bergen County.  Kristin is currently a member of the Defense Research Institute, Council on Litigation Management, National Association of Professional Women and National Association of Insurance Women, and is a founding member of the firm’s Women's Initiative. She also serves as an elected member of the Board of Education in Washington Township, New Jersey.