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Specialized Deposition Techniques 2018

Speaker(s): Jennifer Hurley McGay, Rosemary Halligan, Susan F. DiCicco, Todd B. Marcus
Recorded on: Apr. 9, 2018
PLI Program #: 220496

Rosemary Halligan is a founding partner of Stern Tannenbaum & Bell LLP. Ms. Halligan started her career at Shea & Gould, and before co-founding the Firm, she was a partner at Duane Morris LLP.

Ms. Halligan concentrates her practice in the commercial litigation field, focusing primarily on complex commercial litigation in areas including real estate, banking, insurance, partnership and shareholder disputes, professional liability, ERISA and trusts and estates law. She has also handled several employment-related litigation matters.

While Ms. Halligan frequently practices in both federal and state courts in New York, she also has appeared in federal and state courts in several jurisdictions outside of New York as well as at arbitrations, administrative hearings and mediations.

Defense of a national accounting firm against millions of dollars of claimed damages stemming from charges of malpractice in auditing a publicly-held insurance company.

Representation of a publicly-held company and its wholly-owned subsidiary in a lengthy arbitration and a jury trial in a matter involving complex fraud and breach of contract issues and millions of dollars in damages.

Representative Matters

  • Representation of two Fortune 100 corporations in a multi-party estate/ERISA dispute.
  • Representation of two major oil companies in a dispute involving a valuable leasehold.
  • Representation of the owners of multiple health care facilities in a complex negotiation of a foreclosure action involving $50 million of loans.
  • Representation of a foreign company in a multi-million dollar fraudulent conveyance action in the U.S. Bankruptcy Court for the District of Idaho and in a related action in the Southern District of New York.
  • Representation of a California bank in several litigations arising out of warehouse loans made to an entity engaging in a multi-million dollar Ponzi-type scheme.
  • Representation of a surety company in multiple actions in New York courts stemming from breach of contractor bonds and general indemnity agreements; representation included regularly obtaining expedited judgments and damage recoveries.
  • Representation of parties in a variety of significant estate disputes.


  • New York
  • Connecticut
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States Court of Appeals, Second Circuit


  • Boston University School of Law, J.D., 1992 (cum laude) Edward F. Hennessey Scholar; Paul J. Liacos Scholar; Editor, Probate Law Journal
  • State University of New York, Oneonta, B.S., American History and Spanish, 1986 National Foreign Language Society; Departmental Honors, History


  • Duane Morris LLP, Partner, 2001-2007- Associate, 1998-2000
  • Rosenman & Colin LLP - Associate, 1994-1998
  • Shea & Gould - Associate, 1992-1994

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.


  • 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)


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

Jennifer Hurley McGay represents individuals and companies in both small and large complex commercial disputes in state and federal courts. Jennifer has experience litigating cases involving a broad spectrum of substantive issues, including business torts, class actions, contract, construction disputes, bankruptcy, securities law, intellectual property, employment, real estate and corporate issues. 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 regularly advises clients in ways to avoid or minimize litigation risks, including through the use of arbitration and mediation. Jennifer also negotiates and drafts business agreements, including employment agreements, participation agreements, and non-disclosure agreements, and advises clients on the day-to-day issues affecting their businesses. Jennifer’s experience includes representation of credit unions and she is well versed in the specific rules and regulations that govern credit unions and Credit Union Service Organizations. 

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. She was featured in several articles in 2018 in the Long Island Business News and received the Hofstra Outstanding Women in the Law Award in 2018. She was also published in 2019 and 2020 in the Suffolk Lawyer, Commercial Division Special Edition on issues relating to arbitration and subpoenas. From 2015-2017, Jennifer was a panel speaker for the Practicing Law Institute’s “Specialized Deposition Techniques” program and served as the Chair for the 2018-2020 programs. She was a panel speaker in 2017 for Strafford’s “Rule 30(b)(6) Depositions in Class Action Litigation: Deposing or Defending Corporate Witness Depositions” program and a panel speaker in 2019 for Strafford’s “Defending Rule 30(b)(6) Corporate Depositions.”

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 in federal and state court cases throughout the country. She focuses on complex financial transactions, fixed-income products (particularly structured finance transactions), and derivatives. 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 at Morgan Lewis 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.  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. Susan also conducts internal investigations and reviews.