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Pretrial Practice 2018


Speaker(s): Amy F. Melican, Bryce L. Friedman, Carolina A. Fornos, David A. Crichlow, David G. Keyko, Ethan E. Litwin, Hon. Barbara Moses, Hon. Henry B. Pitman, Hon. Leda Dunn Wettre, Hon. Peggy Kuo, Hon. Steven M. Gold, Jacqueline P. Rubin, John M. Toriello, Jonathan J. Ross, Judge Robert W. Lehrburger, Kenneth J. Brown, Lauren E. Aguiar, Lucy P. Allen, Mark E. Segall, Marla Alhadeff, Robert S. Fischler, Steven R. Schindler
Recorded on: May. 3, 2018
PLI Program #: 220515

I joined Susman Godfrey in 1994, becoming a partner in 1998. Along with my colleagues at the firm, I specialize in winning trials: both the preparation involved in positioning a case for trial, and the ability to convince the fact finder, be it jury, judge, or arbitration panel, of the merit of my client's case. I am equally adept at representing plaintiffs and defendants, and believe that an active practice for both plaintiffs and defendants makes me a more effective lawyer then one who concentrates solely on the plaintiff's or defendant's side.

In today's world of complex business litigation, clients have become risk- adverse, and more cases settle after extensive pre-trial maneuvers then used to. Why then the need for business litigation trial lawyers? There are two reasons. First, significant, beyond client expectation settlements only happen when the attorney handling the case prepares the case for trial, regardless of any settlement expectations. Only when the case is managed to be tried from the first day forward will these settlements happen. I believe in answering the following question in the first weeks of any engagement: what do I need to prove to obtain the verdict my client desires? How the case is managed from that point on flows from that question. I do not waste time trying to "win" discovery disputes. The only "win" that interests me is having the fact finder find for my client.

My experience is as varied as one would expect from an attorney who focuses on litigating cases, and refuses to specialize in anything but trial advocacy.

Below is a representative sampling of cases I am currently involved in, as well as past results (weighted to the recent past).

Education

The Hotchkiss School (1983)

Georgetown University (B.A. in History & Government, magna cum laude, 1987)

Yale Law School (J.D., 1992)

Judicial Clerkship

Law Clerk to The Honorable Lynn N. Hughes, United States District Court for the Southern District of Texas, 1992-94

Honors and Distinctions

  • Morris Historical Medal for Best Senior Thesis in History, Georgetown
  • Phi Beta Kappa, Georgetown
  • Senior Editor, Yale Law Journal (1991-92)
  • Managing Editor and Student Writing Editor, Yale Journal of International Law (1990-91)
  • Named "Texas Rising Star" (2005) in Texas Monthly magazine.

Professional Memberships and Associations

  • State Bar of New York (admitted 1993)
  • State Bar of Texas (1994)
  • United States Court of Appeals for the Fifth Circuit (1995)
  • United States Court of Appeals for the Federal Circuit (1999)
  • United States Court of Appeals for the Second Circuit (2002)
  • United States Supreme Court (2003)
  • Eastern District of Texas (2006)
  • Northern District of Texas (2003)
  • Southern District of Texas (1995)
  • Eastern and Western Districts of Arkansas (2004)
  • Northern District of Georgia (2004)
  • Eastern District of New York (2007)
  • Southern District of New York (2007)
  • American Bar Association
  • Houston Bar Association
  • Houston Trial Lawyers Association


Amy F. Melican is Vice President, Deputy General Counsel, at Tapestry, Inc., a New York-based house of modern luxury lifestyle brands, which is the parent company of the Coach, kate spade new york and Stuart Weitzman brands.  Tapestry, Inc. is listed on the New York Stock Exchange and employs approximately 19,000 people globally.  Amy oversees litigation in North America for Tapestry.  Her responsibilities also include oversight of employment counseling, contract negotiation, intellectual property and factory social compliance.

Prior to joining Tapestry, Amy was an attorney in the Labor & Employment Department at Proskauer Rose LLP.  She was also an Assistant Corporation Counsel in the New York City Law Department and clerked with the U.S. Court of Appeals for Second Circuit and NYS Supreme Court, Appellate Division, Third Department. 


Bryce L. Friedman is a Partner in the Firm’s Litigation Department. He concentrates on representing clients in complex commercial disputes and in responding to allegations of fraud. 

Bryce has particular experience in the insurance and reinsurance business. He has represented insurers in a variety of commercial, coverage, reinsurance and trade practice disputes. He has litigated and arbitrated disputes to conclusion in state and federal courts and arbitral forums across the United States. He is recognized by Chambers as a notable practitioner, and described by market commentators as having a “flourishing practice representing insurers in coverage disputes as well as in high profile cases revolving around alleged False Claim Act violations.” He receives high praise for his “top-notch strategic thinking.” He is also recognized as a national “Litigation Star” for insurance by Euromoney’s Benchmark Litigation and was named a “Rising Star” by Law360.

Bryce also regularly represents clients in responding to whistleblowers’ allegations of fraud, including False Claims Act violations. He assists clients with investigations of such allegations and litigates False Claims Act (FCA) claims when necessary. Bryce has achieved dismissal with no payment of a series of FCA whistleblower litigations including: cases in Houston, Texas and New Orleans, Louisiana arising out of the National Flood Insurance Program; cases in Buffalo, New York against financial institutions arising from the Medicare Secondary Payor Act; a case in San Diego, California against a major bank relating to the 2008 financial crisis. Bryce achieved a favorable resolution for the City of New York of a multibillion-dollar False Claims Act suit brought by the United States Attorney for the Southern District of New York alleging health care fraud just days before trial. 

Bryce has litigated extensively in bankruptcy court and tried contested matters for both debtors and creditors. He represented the objecting creditors who defeated confirmation of ACandS, Inc.’s Chapter 11 plan of reorganization. He also represented Motor Coach Industries in achieving confirmation of its contested Chapter 11 plan of reorganization.

Bryce’s clients regularly call on him to assist in managing crises and unusual events pre-litigation. Such engagements often involve personnel issues, potential data breaches and theft of information,  financial reporting, regulatory inquiries and unexpected product or business failures in the business and professional services, consumer products, financial services and transportation industries.

Bryce received his B.A., cum laude, from Dartmouth College in 1994. He graduated from Columbia University School of Law in 1997, where he was a Harlan Fiske Stone Scholar. Prior to joining the Firm, he served as a law clerk for the late United States District Judge Shirley Wohl Kram in the Southern District of New York.

Bryce is co-chair of the Firm’s Legal Personnel Committee. In addition, he is involved in substantial pro bono work including supervising Simpson Thacher’s ongoing legal clinic at the Bushwick Campus Schools in Brooklyn and serves on the Board of Volunteers of Legal Services, Inc. He was also a New York State–certified emergency medical technician and a volunteer EMS provider in New York City for over 20 years.


Carolina A. Fornos, a Pillsbury Litigation partner and former federal prosecutor, is an experienced trial and appellate attorney whose practice areas include commercial litigation, civil and criminal enforcement matters, and cross-border internal investigations and compliance, including AML and FCPA compliance.

Carolina has extensive experience in all phases of federal investigations and litigation. As a former federal prosecutor in the Southern District of New York, in both the Civil and Criminal Divisions, she spent almost nine years handling a wide range of matters ranging from False Claims Act cases and health care fraud to bribery, bank fraud, tax fraud, and money laundering violations. As a member of the Money Laundering and Asset Forfeiture Unit, Carolina investigated money laundering crimes and potential violations of the Bank Secrecy Act.

Professional Highlights

  • Served in the Office of the White House Counsel from November 2010 to April 2011, vetting candidates for presidential appointments.
  • Frequent contributor to a variety of publications on topics involving white collar defense, AML and regulatory enforcement issues.
  • Recognized by The Legal 500 U.S. in Corporate Investigations & White-Collar Criminal Defense (2017).

Honors & Awards

  • Profiled as a key member of Pillsbury's Latin Lawyer 250-ranked practice in the region.

Admissions

  • New York

Languages

  • Spanish


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 the chair of the Association's Legal Referral Service Committee and is a member 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.


Ethan E. Litwin has a broad antitrust practice that focuses on complex antitrust litigation, defending civil and criminal government investigations, representing merging parties in international merger control investigations, and antitrust counseling. Throughout the span of his career, he has litigated numerous high-profile cases in state and federal courts, and has represented clients before antitrust regulators in the United States and the European Union. Noted by Chambers USA as “very impressive at strategy”, market sources have commended his ability to “shape the facts to the best benefit of his clients.” Mr. Litwin is regularly called upon to defend companies in cartel investigations, and has deep experience in defending and coordinating the multi-jurisdictional and multi-forum litigations that result from them. In the transactional setting, Mr. Litwin has also guided companies through the global merger control process on their most important transactions, including handling multiple Second Requests in the United States and Phase II investigations in Europe.

Mr. Litwin’s clients reside in jurisdictions across the globe and cover a range of industries, including pharmaceuticals, financial services, electronics, media and entertainment, transportation, agriculture, industrial chemicals, information systems, and insurance.

Mr. Litwin has co-authored and co-edited a number of publications addressing merger review and antitrust issues, including “The Essentials of Merger Review” and “Indirect Purchaser Litigation Handbook,” published by the ABA Sections of International Law and Antitrust Law, respectively, and “International Mergers & Acquisitions: An Introduction” published by Kluwer Law. Mr. Litwin has also been quoted by multiple prominent publications including International Financial Law Review: Competition & Antitrust, Global Competition Review, Law360 and Business Wire. Mr. Litwin has been recommended by The Legal 500 in the Antitrust – Cartel category, and is ranked by Chambers USA as a leading antitrust attorney in the United States. His practice has also been recognized by The Legal 500, Global Competition Review, The Practicing Law Company, Ethisphere, and SuperLawyers.

Prior to joining Dechert, Mr. Litwin served as a partner and the co-chair of the antitrust group at another international law firm.


Hon. Barbara Moses was sworn in as a United States Magistrate Judge for the Southern District of New York on December 23, 2015.

Judge Moses graduated from Dartmouth College in 1978, magna cum laude, and from Harvard Law School in 1982, cum laude. Between college and law school she worked as a radio reporter in New England. After receiving her law degree, Judge Moses clerked for Chief Judge Vincent L. McKusick of the Maine Supreme Judicial Court. She then joined the San Francisco office of Orrick, Herrington & Sutcliffe, where she became a litigation partner in 1990. In 1992, Judge Moses moved to Orrick’s New York office, and in 2002 she joined the New York firmnow known as Morvillo, Abramowitz, Grand, Iason & Anello, where she continued to practice in the field of securities and business litigation.

From 2009 through 2011, in addition to her private practice, Judge Moses taught a full-year, first-year course in Lawyering at NYU Law School. From 2011 through 2015 she directed the Constitutional and Civil Rights Litigation Clinic at Seton Hall Law School, where she also taught Professional Responsibility.

Judge Moses has been a director of the New York County Lawyers’ Association since 2007. From 2013 to 2014 she served as NYCLA’s 59th President, and from 2004 to 2006 she chaired the NYCLA Federal Courts Committee, which honored her with the David Y. Hinshaw Award in 2015. Judge Moses is also a member of the American Bar Association and an elected member of the American Law Institute.


John M. Toriello is a partner in the Litigation Practice Group of Holland & Knight's New York City office and co-chairs the firm's Insurance Industry Team. Mr. Toriello has extensive experience in jury and nonjury trials, appeals to both federal and state appellate courts and international arbitrations of contract disputes. He represents clients in a wide range of insurance disputes, including prosecution of fiduciary duty claims, fraud claims, coverage claims and broker/intermediary errors-and- omissions claims. He acts in marine, aviation, CGL, satellite, environmental, reinsurance, business interruption and other litigations and arbitrations.

Mr. Toriello has led the representation of aircraft lessors, equipment lessors and other aviation clients in international repossession, bankruptcy, purchase, sale, redelivery and general contract disputes related to, among other things, nonpayment, aircraft and equipment condition, compliance with (FAR)s, escalation clauses and valuation.

Mr. Toriello has led the representation of financial institutions and obligors in connection with the enforcement of loan and other obligations, the pursuit of fraud and fraudulent conveyance claims, the defense of lender-liability claims, judgment enforcement and insurance-coverage disputes. In his general practice, he represents clients on contract and product liability matters involving heavy industrial equipment, manufacturing plants, aircraft, vessels and satellites, as well as counsels sellers and manufacturers of sporting equipment, appliances and food products. Mr. Toriello has also directed judgment-enforcement litigations and been appointed an arbitrator in ICC and private arbitrations. A substantial amount of his practice relates to international transactions.

In addition, Mr. Toriello has delivered papers at meetings for various professional organizations on topics including Asbestos Litigation, Piercing the Corporate Veil, Environmental Risks Faced by Lenders Under United States Law and Resolution of International Insurance Disputes. He has written several articles for the New York Law Journal and Reactions.

While in law school, he served as articles editor for the St. John's Law Review.


Leda Dunn Wettre has been a U.S. Magistrate Judge in the United States District Court for the District of New Jersey, Newark Vicinage, since April 2015.  Prior to joining the Bench, she was a partner in the Newark litigation firm Robinson, Wettre & Miller, LLC.  At the firm, she litigated complex commercial cases in both federal and state courts, with emphasis on intellectual property, shareholder disputes, class action defense, and employment law matters.  She also participated actively in court organizations, serving for more than five years on the District Court’s Lawyers Advisory Committee and as President of the Court’s Historical Society. 

Before joining the Robinson firm in 1997, Judge Wettre was a federal law clerk to the Honorable John F. Keenan, U.S.D.J., in the U.S. District Court for the Southern District of New York and was a litigation associate at Kramer Levin Naftalis & Frankel LLP.  She was Managing Editor of the Fordham Law Review at Fordham Law School, where she received her J.D. in 1993, and continues to participate actively as an alumnus of the school.  She received her Bachelor of Arts degree cum laude from the University of Pennsylvania in 1990.


Lucy P. Allen is Managing Director at NERA Economic Consulting.  At NERA, Ms. Allen directs projects in securities, finance, and the economics of product liability. She has performed valuations of privately-held companies, subsidiaries, and thinly-traded securities, and has assessed liability, materiality, and damages in over 100 securities litigation cases. She has analyzed issues related to subprime lending, ERISA claims, and alleged market manipulation and insider trading including complex financial instruments such as credit derivatives. In the area of tort economics, she has estimated the number and value of claims likely to arise from allegedly defective or harmful products, including asbestos, medical products, and building materials.
  
Ms. Allen’s recent experience includes expert testimony in the healthcare, banking, information technologies, consumer products, telecommunications, and oil and gas industries.

Ms. Allen has a long history of testifying in high profile cases, including testifying as Halliburton’s expert for the securities class action that went to the Supreme Court twice. She has testified at trials in Federal District Court, Bankruptcy Court, before the American Arbitration Association and the Judicial Arbitration Mediation Service, and in depositions. In the area of finance and securities, she has testified on issues including:

  • Market efficiency, class conflicts, and other issues regarding class certification
  • Loss causation, materiality, and damages
  • Settlement values in securities class action suits
  • Valuation

Before joining NERA, Ms. Allen was a staff economist at the Council of Economic Advisers for both President George H.W. Bush and President Clinton, providing economic analysis on regulation and health care policy issues. Prior to that, she worked as a management consultant for five years, where she formulated marketing, organization, and overall business strategies for clients in a broad range of industries.

Ms. Allen earned an A.B. degree from Stanford University, an M.B.A. with a concentration in finance and accounting from Yale University and M.A. and M.Phil. degrees in Economics also from Yale University.


Magistrate Judge Henry Pitman entered duty as a United States Magistrate Judge for the Southern District of New York on July 8, 1996.  He graduated summa cum laude from Fordham University in 1975 where he was elected to membership in Phi Beta Kappa.  In 1978, Magistrate Judge Pitman graduated cum laude from Fordham Law School where he was a member of the Fordham Law Review and Fordham’s National Moot Court Team.

Following graduation, Magistrate Judge Pitman served as a law clerk to the late Honorable Lloyd F. MacMahon, United States District Judge for the Southern District of New York, during the 1978-79 term.  Magistrate Judge Pitman was an associate at the firm of Chadbourne & Parke from 1979 to 1982; and an associate and then a partner with Hall, McNicol, Hamilton & Clark.

Magistrate Judge Pitman served an Assistant United States Attorney in the Criminal Division of the United States Attorney’s Office for the Southern District of New York from 1985-1990 where he successfully prosecuted numerous narcotics cases and mail fraud, defense contractor fraud and securities fraud cases.  Prior to his appointment to the bench, Magistrate Judge Pitman was with the firm of Lieberman & Nowak and served as a mediator with the Southern District of New York’s Court-annexed mediation program.


Magistrate Judge Kuo was appointed on October 9, 2015. She received a B.A. summa cum laude in history from Yale University in 1985 and a J.D. cum laude from Harvard Law School in 1988.

Judge Kuo clerked for the Honorable Judith W. Rogers with the D.C. Court of Appeals. From 1989 until 1993, she served as an Assistant United States Attorney in the District of Columbia. From 1994 to 1998, she was a trial attorney and then Acting Deputy Chief of the Civil Rights Division Criminal Section at the U.S. Department of Justice, where she investigated and prosecuted hate crimes and allegations of police misconduct throughout the United States. From 1998 to 2002, Judge Kuo prosecuted war crimes and crimes against humanity at the United Nations International Criminal Tribunal for the former Yugoslavia in The Hague, Netherlands. Her historic trial regarding mass rape in Bosnia became the subject of the documentary film, “I Came To Testify,” part of the series Women, War & Peace.

Upon her return to New York, Judge Kuo became litigation counsel at Wilmer Hale, LLP. In 2005, she was appointed Chief Hearing Officer at the New York Stock Exchange, where she presided over hearings involving violations of federal securities laws. From 2011 until her appointment to the bench, she was Deputy Commissioner and General Counsel of the New York City Office of Administrative Trials and Hearings, the largest municipal tribunal in the country.

Judge Kuo was born in Taiwan and moved to the United States at the age of three. She was awarded a German Chancellor Fellowship by the Alexander von Humboldt Foundation in 1993 to study the German criminal justice system. She is President of the Federal Bar Council American Inn of Court, an active member of the Asian American Bar Association of New York, and former Vice-Chair of Manhattan Legal Services.


Mark E. Segall, Esq. is nationally recognized as one of the leading experts on the evaluation of litigation risk, settlement strategy and mediation of cases involving financial services and complex commercial disputes. Mr. Segall has mediated and arbitrated hundreds of complex disputes since joining JAMS in 2010. Mr. Segall’s experience ranges broadly in case type. He has vast experience in many areas of law including: employment, securities, financial markets, insurance, real estate and intellectual property. Mr. Segall’s expertise in these areas derives from his two decades of extensive experience managing litigation and handling difficult, high profile financial services matters domestically and worldwide for JPMorgan Chase (JPMC) and its predecessor firms as well as his experience in private practice and at JAMS. Mr. Segall served as JPMC’s Head of Litigation, Senior Vice President, and Associate General Counsel from 2003 until 2010. Litigation matters ran the full gamut from the most high profile securities and antitrust cases to consumer class actions, employment matters, and international litigation and arbitration. He has been an active speaker at industry and litigation conferences and a participant in court-appointed focus groups. 

Mr. Segall is particularly adept at resolving employment disputes involving senior executives. Disputes involve claims of wrongful discharge, claims of discrimination based on race, sex and age, alleged violations of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Sarbanes-Oxley Act, claims involving compensation in the form of incentive bonuses, deferred compensation, stock options and restricted stock, other forms of long-term incentive plans, claims involving company-sponsored private equity investments, claims involving the right to benefits and alleged violations of ERISA, and claims involving the enforcement of restrictive covenants.

Mr. Segall is a magna cum laude graduate of both Harvard College and Harvard Law School.  Mr. Segall is on the Board of MFJ Legal Services and has served as Board Chair.  He also served on the Board of Trustees of Westchester Reform Temple.  Mr. Segall is also a past recipient of MFJ’s Matthew G. Leonard Award for Pro Bono Achievement.   While at JPMorgan Chase & Co., Mr. Segall also held the company’s board seat on the Institute for Legal Reform in Washington. 


Marla Alhadeff is Deputy General Counsel and the Global Head of both the Litigation and Technology legal functions. She is responsible for all litigation matters globally and plays a senior strategic role in managing the most challenging, complex and high-profile litigation and controversy matters facing the company. In addition, Marla has responsibility for supervising the Technology Legal team, which covers areas involving intellectual property, data governance, privacy, innovation, cybersecurity, sourcing and third-party governance.  Before joining BNY Mellon in 2008, she was Senior Counsel at Deutsche Bank, where she managed various significant litigation and enforcement matters.

Earlier in her career, Marla served as an Assistant US Attorney for the Southern District of New York.  She held various leadership positions there, including Chief Appellate Attorney, Deputy Chief of the Civil Division and Chief of the Civil Division.  She was recognized with a number of awards, including the Stimson Medal for Outstanding Contributions to the Office of the US Attorney, and the Attorney General’s Award for Distinguished Service. She began her career at the law firm of Debevoise & Plimpton, as a litigation associate. Marla holds a Bachelor of Arts degree from SUNY-Binghamton, and a law degree from the University of Michigan Law School.


Robert S. Fischler is a senior counsel in the New York office of Ropes & Gray LLP, where he served for many years as head of the firm-wide litigation department. Bob has extensive experience in all phases of complex commercial litigation and has represented numerous clients in the financial, private equity, retail, and real estate sectors, among others. Bob is a long-time member of the PLI faculty and of the board of directors of Mobilization for Justice.


A partner in the Litigation Department at Paul, Weiss, Jacqui Rubin handles a broad range of complex commercial litigation matters, including antitrust litigations and antitrust and securities class actions, regulatory and internal investigations, bankruptcy litigation and other complex business disputes.

Jacqui has substantial experience in antitrust law. She has represented clients in regulatory investigations arising out of major transactions, multi-defendant direct and indirect purchaser antitrust class actions, and other significant disputes between competitors. Her most recent clients for antitrust matters include Time Warner Cable, Becton Dickinson and Giorgio Foods.

Jacqui also specializes in bankruptcy litigation, having represented bondholder and creditor committees and debtors in numerous chapter 11 cases and contested restructuring transactions. Her recent clients in the bankruptcy and insolvency context include public and private companies in the financial services, metals and mining and oil and gas industries.

Jacqui has experience in other types of complex commercial litigation, including securities, contract disputes and malpractice actions. In addition to her practice in federal and state courts across the country, she has handled domestic and international arbitrations, and internal and regulatory investigations.

Jacqui is very active in the community and in pro bono work. Recently, she handled several cases and appeals on behalf of unaccompanied children seeking to secure lawful permanent residence in the United States. Jacqui is also a member of the Board of Directors of Mobilization for Justice, which offers free legal help to low-income New Yorkers.

Jacqui co-chairs Paul, Weiss’s Professional Responsibility Committee. She was recently recognized by Law360 as one of four “Rising Stars” nationally in the health industry for her work on behalf of pharmaceutical and medical device manufacturing companies. She is also recognized by The Legal 500 US as a leading lawyer in the antitrust area.


Chief Magistrate Judge Steven M. Gold was appointed to the Eastern District bench in 1993 and served as the Court’s Chief Magistrate Judge from 2007-2016.  Prior to his appointment, Magistrate Judge Gold served, in reverse chronological order, as General Counsel to the New York City Department of Investigation, as Deputy Chief of the Criminal Division and as an Assistant U.S. Attorney in the Office of the United States Attorney for the Eastern District of New York, as an associate attorney with the law firm of Orans Elsen & Lupert, and as a law clerk to the Honorable Herbert F. Murray, United States District Judge for the District of Maryland.  Judge Gold also serves as an adjunct professor of law at the Brooklyn Law School and as the Eastern District co-chair of the Joint Committee on Local Rules for the Southern and Eastern Districts of New York.  Magistrate Judge Gold received his B.A. from Wesleyan University in 1977 and his J.D. from the Yale Law School in 1980.


David A. Crichlow is engaged in all aspects of trial and appellate practice before federal and state courts as well as administrative agencies and arbitration tribunals.With a focus on complex commercial disputes, Mr. Crichlow has extensive experience in contract, commercial fraud, securities, banking, government contracts and class action litigation, as well as internal corporate investigations.

Representative Matters

  • Representation of the equity committee in the Solutia bankruptcy in its $2 billion lawsuit against Solutia's former parent, asserting that Solutia’s former parent undercapitalized Solutia at its spin-off, fraudulently transferred certain liabilities to Solutia and misrepresented the scope of Solutia's future environmental liabilities in public documents related to the spin-off.
  • Defense of one of the country’s largest automobile finance companies in a class action suit alleging violations of New York’s Motor Vehicle Retail Leasing Act.
  • Defense of a Cayman Island hedge fund against a $324 million preference action brought by the creditors’ committee in the Refco bankruptcy.
  • Representation of one of the country’s largest oil companies in several adversary proceedings brought against the Enron Corporation, or its affiliates, in the Enron bankruptcy, with respect to disputes arising from a pipeline joint venture between the company’s affiliates and Enron’s affiliates.
  • Representation of one of the United States’ largest pension funds in its multimillion-dollar suit against a large commercial real estate developer and several construction contractors for the alleged defective design and construction of a New Jersey commercial retail shopping mall purchased by the pension fund.
  • Class action defense of European financial institutions and Japanese industrial companies in litigation arising out of the atrocities of World War II, including the representation of a Japanese industrial company in a class action filed by American prisoners of war for atrocities allegedly suffered during World War II.
  • Defense of a French commercial bank, a European central bank and a German insurance company in separate class actions alleging the misappropriation of certain assets by the respective financial institutions during, and subsequent to, World War II.
  • Completion of an extensive internal corporate investigation of the allegedly corrupt practices of management of a multinational pharmaceutical company at the behest of an independent committee of the board of directors.
  • Representation of a large domestic public utility company in its petition before the US Supreme Court for a writ of certiorari to review a lower court’s decision on the constitutionality of a FERC ruling.


Judge Lehrburger was appointed to the Southern District bench on October 30, 2017.  Prior to becoming a federal judge, he practiced for 27 years at Patterson Belknap Webb & Tyler LLP, where he was a partner since 1998. 

While at his firm, Judge Lehrburger handled complex litigation and tried cases in both federal and state courts, across many fields of law, including intellectual property, unfair competition, false advertising, contract, antitrust, torts, and mortgage-backed securities.  

He also fulfilled several management roles at Patterson Belknap, including as Chair of the Hiring Committee and a member of the Diversity, Professional Responsibility, and Management Committees. 

During his tenure as a lawyer, Judge Lehrburger performed a variety of pro bono legal service and is a past recipient of the MFY Legal Services Partner in Justice Award. 

In his early years at Patterson Belknap, Judge Lehrburger served as a mediator in the Commercial Division of the New York State Supreme Court, an arbitrator with the Council of Better Business Bureaus, and a special assistant corporation counsel trying cases for the New York City law department.  

Judge Lehrburger graduated from Brown University as a member of Phi Beta Kappa, and New York University School of Law, where he was a member of the Order of the Coif.


Steven R. Schindler is one of the founding partners of Schindler Cohen & Hochman LLP. Twenty-one years after it was founded, SCH continues to earn its reputation as one of the City’s outstanding litigation and art law boutiques.  As a senior member of the firm’s litigation practice, Steve represents a broad range of clients in state and federal courts and arbitrations throughout the nation, and works closely with foreign law firms in complex transnational litigation.  A passionate advocate of civil and human rights, Steve sits on the Board of New York Lawyers for the Public Interest and is on the New York Committee of Human Rights Watch.  Steve also heads SCH’s Art Law Group.  This practice area, which has grown steadily over the past decade, combines SCH’s formidable litigation expertise with a deep knowledge of the art market and its specific legal issues.  Steve regularly advises art galleries, other art related businesses, collectors, artists, and not-for-profit corporation in the art space on transactional matters, such as the sale and acquisition of art and their relationships with dealers, banks and auction houses, and has litigated cases involving the authenticity, title, provenance and appraisals of art. 

Steve is on the faculty of NYU’s Steinhardt School where he teaches art law.  He is co-president of the board of Artists Space, an organization dedicated to the support of emerging artists.  Steve often speaks on legal and industry sponsored panels relating to current topics in art law, and is the author of articles on art law including, The “Red Flags” Standard: Rationalizing ACA Galleries, Inc. v. Kinney, International Foundation for Art Research Journal, Vol. 16, No. 4, 2016; Buyer Beware: Is There A Duty To Authenticate Art?, International Foundation For Art Research Journal, Vol. 15 Nos. 3 & 4, 2014; Role of Judges in Authenticating Art in United States and Europe, New York Law Journal, Sept. 15, 2014; and, Questioning ‘Cariou’ Rationale On Transformative Fair Use, New York Law Journal, Nov. 19, 2014.  Steve currently is the Chair of the Art Law Committee of the Association of the Bar of the City of New York and the co-host of The Art Law Podcast.


Lauren E. Aguiar is a litigation Partner at Skadden, Arps, Slate, Meagher & Flom LLP, where she represents clients in federal and state court business litigation.  Her diverse practice focuses on complex, high-profile cases and trials involving a wide range of commercial matters including false advertising, copyright, trade secret, breach of contract, fraud and fiduciary duty litigation, joint venture and partnership disputes, and shareholder class actions.  Ms. Aguiar is the Chairperson of the Skadden Foundation, which runs the Skadden Fellowship Program.  She serves on the Board of Directors and the Executive Committee of New York Lawyers for the Public Interest.  She is a member of the Board of Directors of Covenant House International, a shelter in the U.S. and Central America for homeless and trafficked youth.  She also serves on the Board of Directors of Access to Justice Lab at Harvard Law School.  Ms. Aguiar received her B.A. magna cum laude and Phi Beta Kappa from Connecticut College, and her J.D. from New York University School of Law, where she was the Managing Editor of the Annual Survey of American Law.  She was selected for inclusion in Chambers USA 2015 - 2018, and was shortlisted by Chambers for its Pro Bono Lawyer of the Year award in 2016.  She also is a fellow in the Litigation Counsel of America (an invitation-only trial lawyer honorary society) and was named a Rising Star in the 2016 - 2018 editions of Benchmark Litigation.  She speaks and writes frequently on issues related to civil litigation and trial practice, including at the Practicing Law Institute, the New York State Bar Association, and the New York City Bar.


Kenneth J. Brown, a partner at Williams & Connolly LLP since 2010, focuses his practice on high-stakes commercial trials and other litigation matters.  He has successfully represented clients before federal and state courts across the United States, as well as a variety of arbitrators, federal and state regulators, and administrative boards.

Ken’s practice spans a range of substantive areas, including commercial and financial services litigation, class actions and class arbitrations, consumer protection and unfair trade practices cases, trade secrets, misappropriation of ideas, and First Amendment litigation. His pro-bono work includes various civil, criminal, and administrative matters in the Washington, D.C. area.

Born in Port Jefferson, New York, Ken grew up just north of New York City in Wesley Hills, New York.  He received his B.A., summa cum laude, from Washington University in St. Louis in 1998, and his J.D., cum laude, from the University of Pennsylvania Law School, where he was an Articles Editor on the University of Pennsylvania Law Review.  Ken completed two clerkships after graduation; the first for Judge William H. Yohn, Jr. of the U.S. District Court for the Eastern District of Pennsylvania; the second for Judge Stanley Marcus of the U.S. Court of Appeals for the Eleventh Circuit.  In the fall of 2012, Ken served as an adjunct professor of law at the George Mason University School of Law. Ken is a member of the Board of Directors of Gifts for the Homeless, Inc., a non-profit organization serving the homeless of Washington, D.C.