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Trial by Jury 2018


Speaker(s): Brooke E. Cucinella, David R. Marriott, Douglas A. Cawley, Evan R. Chesler, Gregory A. Markel, Hon. Barry R. Ostrager, Hon. Edgardo Ramos, Hon. Gregory H. Woods, Hon. Jeffrey K. Oing, Hon. John Gleeson, Hon. Kiyo A. Matsumoto, Hon. Loretta A. Preska, Hon. Lorna G. Schofield, Hon. Richard J. Sullivan, Hon. Richard M. Berman, Jason Brown, John S. Siffert, Lawrence J. Zweifach, Michael A. Jacobs, Morgan Chu, Theodore V. Wells Jr., William F. Lee
Recorded on: Nov. 7, 2018
PLI Program #: 221114

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.


Jason Brown is a partner in Cohen & Gresser’s New York office. His practice focuses on white collar criminal and complex civil litigation, and he has extensive experience in matters relating to securities fraud, government contract fraud, antitrust, and privacy and data security.

Prior to joining the firm, Jason served as Chief Deputy of the New York State Attorney General’s Office, where his responsibilities included overseeing the office’s criminal division. He also spent nearly a decade in the U.S. Attorney’s Office for the Eastern District of New York, where he served, among other positions, as Chief of the Criminal Division. He was previously a partner at Ropes & Gray, and the managing partner of the New York office of Holland & Knight.

Jason is a cum laude graduate of Harvard Law School and received his undergraduate degree in philosophy from Princeton University.

Publications

  • “FTC is Looking Beyond Consumer Harm Post-Breach,” Law360, September 30, 2015.
  • “Can a Corporation Be Liable for ‘Violating’ an Ambiguous Regulation?” Inside Counsel, October 2, 2013.
  • “Restraining Liberty Before a Verdict is in Sight,” Global Competition Review, May 2011.


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.


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.


Barry R. Ostrager is presently serving as a New York Supreme Court Justice in the Commercial Division.  Prior to leaving private practice, Justice Ostrager was a litigation partner at Simpson Thacher & Bartlett LLP and the long-time head of the Simpson Thacher Litigation Department. Mr. Ostrager received his B.A. from City College of the City University of New York in 1968 and his M.A. in 1973. He earned his J.D. from New York University School of Law in 1972 and served as a judicial clerk in the United States District Court for the Southern District of New York.

Justice Ostrager was prominently involved in many high-profile securities, anti-trust, and commercial cases, and was lead trial counsel in more than a dozen major insurance coverage cases. He was lead trial counsel for Swiss Re in the highly publicized insurance coverage dispute involving the World Trade Center tragedy which resulted in a unanimous jury verdict in favor of Swiss Re, and lead counsel for Hanwha in a multi-billion dollar dispute with the Korean government that was the subject of a multi-week trial. Justice Ostrager successfully argued before the United States Supreme Court the closely followed Epstein v. Matsushita case that arose out of Matsushita’s successful tender offer for MCA, Inc. He successfully argued again before the Supreme Court the Travelers v. Bailey case, which resolved important issues relating to the rights of settling insurers in asbestos-related bankruptcy. He also successfully represented Andersen Consulting against a $14 billion claim by Arthur Andersen in connection with Andersen Consulting's successful bid to win a separation without cost from the Andersen Worldwide organization in the largest ICC arbitration in history.

Justice Ostrager is co-author of the Handbook on Insurance Coverage Disputes (Aspen Law & Business 2021), a widely-used, three-volume treatise now in its 20th edition. He is also co-author of Modern Reinsurance Law and Practice, 3d. (LegalWorks 2014), the leading treatise on modern insurance law.

 

 


Bill Lee is a leading trial and appellate lawyer and intellectual property litigator who has represented a variety of technology-focused clients for more than 40 years. Mr. Lee has tried more than 200 cases to verdict and argued more than 100 cases to the Court of Appeals of the Federal Circuit and other appellate courts. Those have included some of the highest profile cases of the last decade.

Mr. Lee has acted as lead trial counsel for Apple Inc. in the "smart phone war" litigations; in several cases between Apple, Intel and Qualcomm; and in a number of other federal court cases involving genetically engineered products, laser optics, video compression, cellular communications, remote data storage, secure Internet communications, pharmaceutical products, high-speed chromatography and medical devices. Mr. Lee also achieved a victory as lead trial counsel for Harvard in the case challenging its admissions policies as discriminatory.

Mr. Lee was elected to the American Academy of Arts and Sciences in 2017. He was named a 2016 Intellectual Property Trailblazer & Pioneer by The National Law Journal, the 2015 Boston Litigation - Intellectual Property Lawyer of the Year by Best Lawyers in America, the 2014 Distinguished Law Firm Leader by The American Lawyer, and was one of eight finalists selected by The American Lawyer as "Litigator of the Year" in 2012. He has been named "Litigator of the Week" on six occasions by The American Lawyer.

From July 1987 through June 1989, Mr. Lee served as associate counsel to Independent Counsel Lawrence E. Walsh in the Iran-Contra investigation. In that capacity, Mr. Lee was responsible for certain portions of the grand jury investigation and resulting indictments. He has also served as a special assistant to the Massachusetts Attorney General for the purpose of investigating alleged incidents of racial bias in the Commonwealth's courts.

Mr. Lee is the Senior Fellow of the Harvard Corporation and the Eli Goldston Lecturer at Harvard Law School.  He is a Fellow of the American Academy of Arts and Sciences and the American College of Trial Lawyers.


David R. Marriott is a partner in Cravath’s Litigation Department.  His practice focuses on litigation of complex disputes, including in particular matters in the areas of antitrust, intellectual property and securities.  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.  He is a fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers. 

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 is the editor of New York Business Litigation (NYLJ 2013-2018) and a contributing author and editor of Winning at Trial (ALM 2014).  Additionally, he 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 has been named a “National Star” in general commercial litigation and a “Local Litigation Star” in the New York area by Benchmark Litigation.  The Legal 500 US has repeatedly recognized him as a “Leading Trial Lawyer” and has recommended him for his work in antitrust, general commercial and patent litigation, including naming him a “Leading Lawyer” for his general commercial work.  In addition, Mr. Marriott has been recognized by The Best Lawyers in America for his arbitration and commercial litigation work.  Mr. Marriott has received recurring recognition as one of Lawdragon’s “500 Leading Lawyers in America” and was named a nationwide “Legend” in 2020.  He has also been recognized as a leading lawyer by several other legal ranking publications such as IAM Patent, Leaders League and Super Lawyers.

Mr. Marriott is admitted on the federal level before the U.S. Supreme Court; the U.S. Courts of Appeals for the Federal, First, Second, Third, Fourth, Sixth, Ninth, Tenth and Eleventh Circuits; and the U.S. District Courts for the District of Utah, the Eastern District of New York, the Eastern District of Michigan, the Northern District of California, the Southern District of New York and the Western District of Michigan.

He received a B.A. from Brigham Young University in 1991 and a J.D. from New York University in 1994.  After graduating, Mr. Marriott served as law clerk to Hon. Eugene F. Lynch of the U.S. District Court for the Northern District of California.  He then served as law clerk to Hon. Albert J. Engel of the U.S. Court of Appeals for the Sixth Circuit.


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. In describing Douglas’s effectiveness as a trial lawyer, Law360 noted that his “list of victories is replete with multimillion-dollar verdicts won against some of the deepest pockets in the corporate world,” and that “you can chalk [his] more than $1 billion in patent victories up to his way of wooing juries.” The article also discusses how Douglas' “honesty in the courtroom has earned him a positive reputation with judges.”.  Douglas was named the Dallas "Patent Lawyer of the Year" by Best Lawyers and "Outstanding IP Litigator - Texas" by Managing IP. He also received the "Litigator of the Year (South)" award from Benchmark Litigation and the Texas Lawyer 2017 Professional Excellence Award for "Distinguished Leadership." Most recently, he was recognized as a 2018 "Plaintiff Trailblazer" by The National Law Journal. The feature honors the top 25 leading lawyers in the nation who have achieved "remarkable success" for plaintiffs.

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 Cravath’s Chairman. He previously served as the Firm’s Presiding Partner, Deputy Presiding Partner and Head of the Litigation Department. 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.

One of the most highly regarded trial attorneys in the nation, Mr. Chesler is a fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers. He has extensive experience handling trials, arbitrations and appeals in a wide variety of matters for clients in virtually every industry.

Mr. Chesler is 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.

Among his many accolades, Mr. Chesler was named a 2019 “Litigator of the Year” by The American Lawyer and has received both New York Law Journal’s Lifetime Achievement Award and Benchmark Litigation’s Hall of Fame Award. In addition, he

has been recognized as a leading litigator in several practice areas by numerous other professional publications, including Chambers, The Best Lawyers in America, The Legal 500 US, Lawdragon, The National Law Journal and Law360.

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 New York University School of Law. Following graduation, Mr. Chesler clerked for Hon. Inzer B. Wyatt of the U.S. District Court for the Southern District of New York.


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.


Greg Markel is chairman of the Litigation Department of Seyfarth Shaw LLP’s New York office, is Co-Chair of the national Securities Litigation Practice, and is a member of the National Litigation Leadership Team.  Greg is a nationally known trial lawyer with vast experience in securities litigation, directors and officers defense, mergers and acquisition litigation, corporate governance litigation and antitrust litigation, particularly in bet your company cases.

He is a recognized leader in the profession.  He has for years been highly ranked by Chambers for Securities Litigation.  He was named by Best Lawyers as M&A Litigation, Lawyer of the Year, for 2018 as well as currently a leading lawyer in Securities, Antitrust and Commercial Litigation.  LawDragon magazine recently inducted Mr. Markel into its Hall of Fame and recognized Mr. Markel as a “legend” and one of only 50 lawyers and judges in the legal profession in the United States who was named to the Law Dragon 500 for 10 consecutive years.  He has also been recognized by many other publications including by Benchmark as a national Litigation Star, for outstanding performance by Best Lawyer’s in America, Legal 500 Leading Commercial Litigators, “Best in Class” in the legal profession by BestofUS.com, Marquis’ Who’s Who for a Lifetime Achievement Award, Super Lawyers, The International Who’s Who of Commercial Litigators and many others.  Prior to joining Seyfarth, Mr. Markel was Chair of the Litigation Department and Chair of the Securities Litigation Group for 12 years at Cadwalader.

Greg is a graduate of Yale Law School, the University of Michigan with an MBA in Finance and Columbia College.  He is Chairman of the Center for Corporate Governance at the New York County Lawyers Association.

He is a member of the Business Law, Litigation and Antitrust sections of the American Bar Association; the Federal Bar Council; the Securities Industry Association – Compliance & Legal Division, and the New York State Bar Association – Commercial Litigation Section.  He frequently speaks on panels and writes on a range of topics, such as securities litigation, director’s and officer’s liability, commercial litigation, accountants’ defense, law firm management and Internet litigation.  He has been a winner of the prestigious Burton Award for Distinguished Legal Writing in 2018, 2016 and 2007.


Hon. Lorna G. Schofield was confirmed by a unanimous U.S. Senate vote as a United States District Judge for the Southern District of New York on December 13, 2012. 

Previously, Judge Schofield was a litigation partner at the international law firm of Debevoise & Plimpton LLP from 1991 to 2011.  Judge Schofield’s practice focused on litigation in complex commercial matters, including the defense of companies and individuals in regulatory and white collar criminal investigations.  She also conducted internal and independent investigations on behalf of companies, their Boards of Directors and Audit Committees.  On the civil side, she represented clients in private disputes, including class actions, corporate bankruptcies, business fraud, professional liability and commercial disputes.  Judge Schofield is an experienced trial attorney, building on the trial experience she gained as a federal prosecutor.  Her trials include the successful defense of celebrity Rosie O’Donnell at trial in a $100 million lawsuit brought by the former publishers of Rosie magazine and a class action jury trial for one of the Big Four accounting firms in which the jury returned a favorable verdict after only thirty minutes. 

Judge Schofield began her career as an associate at Cleary Gottlieb Steen & Hamilton.  She then served as an Assistant US Attorney in the Criminal Division of the US Attorney’s Office for the Southern District of New York.  

She is a former chair of the American Bar Association Section of Litigation, an organization in which she held many leadership positions over twenty years.  Judge Schofield has written and spoken frequently about trial tactics and women in the legal profession.


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. He maintains active practices in both areas, in both trial courts and appellate courts, federal and state, as well as conducting investigations, advising boards of directors, serving as an expert witness, and mediating disputes.

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

Judge Gleeson has taught law for more than 30 years. He currently teaches Complex Federal Investigations at Harvard Law School and Sentencing at Yale Law School and New York University School of Law. He is a Fellow of the American College of Trial Lawyers, a member of the American Law Institute, a trustee of the Vera Institute of Justice, a member of the Board of Directors of the Federal Defenders of New York, and a member of the Advisory Board of the Program on Corporate Compliance and Enforcement at NYU School of Law.

Judge Gleeson’s awards include the following: The Gould Award for Outstanding Oral Advocacy, Office of Appellate Defender’s First Monday in October (2019); The National Legal Aid and Defender Association’s Exemplar Award (2018); 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).

Judge Gleeson’s publications include Federal Criminal Practice: A Second Circuit Handbook (21st Edition) (2021) and numerous articles. 

Judge 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 has an active ADR practice, in addition to his work in 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). 

Chief Justice Roberts appointed Mr. Siffert to the Judicial Conference Advisory Committee on Criminal Rules for two successive terms, from 2012-2018. 

Mr. Siffert is a Fellow of the Chartered Institute of Arbitrators and a CIArb accredited mediator. He is on the Roster of Neutrals for the AAA and CPR as well as the Mediation Panel for the SDNY. He is the court-appointed Special Master and Mediator in Gulino v. Board of Education

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

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

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 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 been developing an intensive court-involved supervised release program intended to help incarcerated persons integrate back into the community. See New York Law Journal article “Finishing ‘Unfinished Business’”, which includes the following: “Judge Berman’s data is quite encouraging on the recidivism and reincarceration front,” May 27, 2021, p1.

Judge Berman received the National Association of Social Workers (NYC) Emerald award for 20 years of leadership as a licensed social worker and judge on March 28, 2019.

Judge Berman has lectured on the "Rule of Law" in Istanbul, Turkey (2014) and Tirana, Albania (2013). He organized and moderated a panel discussion entitled “Arbitration in 2017: Where is it Headed” at the Southern District Ceremonial Courtroom on March 7, 2017. 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 is a member (and past Chairman) of the New York State-Federal Council and the New York County Lawyers Association Justice Center Advisory Board. He is Chairman of the Southern District’s Senior Judges Committee. He has served as an Adjunct Professor at New York Law School, as a member of the New York State Permanent Judicial Commission on Justice for Children, and as a member of the New York City Mayor's Child Welfare Action Group.


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 of that Court from June 1, 2009 to 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.  Judge Preska was nominated to the Second Circuit Court of Appeals in September 2008.  She received the Louis J. Lefkowitz Public Service Alumni Award from Fordham University School of Law in 1992 and served several terms as a Vice President on the Board of Directors of the Fordham Law Alumni Association.  The Fordham Law Alumni Association awarded her its Medal of Achievement in 1998.  She received a Doctorate of Humane Letters, honoris causa, from the College of St. Rose, Albany, New York, in 1998, the Edward J. Weinfeld Award from the New York County Lawyers Association Federal Courts Committee for Excellence in the Administration of Justice in 2001, the Charles Carroll Award from the Catholic Lawyers Guild in 2004, the Stanley H. Fuld Award for outstanding contributions to the development of commercial law and jurisprudence in New York State from the Commercial and Federal Litigation Section of the New York State Bar Association in 2009, the President’s Special Award from the New York Women’s Bar Association in 2011, the Barbara Jordan Outstanding Public Service Award from Phi Alpha Delta Law Fraternity International in 2012, the Women in Business Law Lifetime Achievement Award in 2013, the Boris Kostelanetz President’s Medal from the New York County Lawyers Association in 2014, the James Madison Award from the New York City Lawyers Chapter of the Federalist Society in 2014, the Honorable John E. Sprizzo Award for commitment to the Rule of Law from St. John’s Law School in 2015, the Distinction in International Law and Affairs Award from the New York State Bar Association in 2017, and the Fordham University President’s Medal in 2018.  She has lectured at Securities Industry Association Legal & Compliance Division, the International Bar Association, and numerous other venues, and was a contributing author to Federal Civil Practice published by the New York State Bar Association in 1989.

Judge Preska is a member of the Federal Bar Association, the Federal Bar Council, the New York County Lawyers Association, and the New York State Bar Association.  She has served as a member of the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States, as chair of the Benchbook Advisory Committee, the Board of Directors of the Federal Judicial Center, and currently serves on the New York Federal-State Judicial Council.  Judge Preska has also served on the Advisory Board of the New York Chapter of the Federalist Society and, from 2001-2009, on the New York Regional Panel for the Selection of White House Fellows.  Judge Preska has also served as a Trustee of Fordham University. 


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)


Morgan Chu is a partner of Irell & Manella LLP. Chambers has described Mr. Chu as “beyond doubt the most gifted trial lawyer in the USA,” who “delivers staggering results for clients.”

Mr. Chu was Co-Managing Partner of the firm for two terms from 1997 to 2003 and is presently Chair of the Litigation Group.

Mr. Chu’s education includes University of California, Los Angeles B.A. 1971, M.A. 1972, Ph.D. 1973; Yale University M.S.L. 1974; and Harvard Law School J.D. 1976, magna cum laude.

After law school, Mr. Chu clerked for the Honorable Charles M. Merrill of the United States Court of Appeals for the Ninth Circuit, joined Irell & Manella as an associate in 1977, and became a partner in 1982.

Mr. Chu was lead trial counsel in some of the world’s largest—and in some cases precedent-setting—verdicts, judgments and settlements, resulting in actual payments totaling over $9 billion, including:

Recent wins in the last year:

 

  • Sloan Kettering Institute and Juno v. Kite Pharma (2020) – $1.2 billion judgment on jury verdict for “first living drug.”
  • Peter v. NantKwest (December 2019) – 9-0 Supreme Court decision successfully contesting the U.S. government position that “all expenses” includes attorneys’ fees in patent section 145 actions to overturn Patent Office decisions.

Other notable cases include:

  • City of Hope v. Genentech – The jury verdict was the largest damage award ever affirmed on appeal by California courts. More than $565 million was paid by the defendant.
  • TiVo v. EchoStar, et al. – $1.7 billion in judgments and settlements including over $600 million paid by EchoStar after the jury verdict and post-trial proceedings; TiVo v. Motorola and TiVo v. Cisco – $490 million; TiVo v. AT&T – $215 million; TiVo v. Verizon – $250 million, plus future royalties.
  • Stac Electronics v. Microsoft – Landmark computer software decision that included $120 million jury verdict.
  • Texas Instruments v. Samsung – Settlement over $1 billion from ITC and district court actions (co-lead counsel).

Professional awards include:

  • One of 40 selected as "The Decade's Most Influential Lawyers" for 2000-2009 by National Law Journal, 2010
  • “Top Ten Trial Lawyers” in the nation by National Law Journal (describing Mr. Chu as a “giant killer”)
  • “100 Most Influential Lawyers in America” by National Law Journal (1994-present; describing Mr. Chu as “an innovator, with a penchant for reversing trends,” along with “extensive pro bono work”)
  • Named “Number One Super Lawyer in Southern California,” receiving highest vote total in the first poll of 65,000 lawyers, by Los Angeles Magazine (2004; describing Mr. Chu as relishing the thrill of “the quixotic challenge of an impossible case”)
  • “Top 100 Most Influential Lawyers in California” by Daily Journal (1993-present; describing Mr. Chu as “brilliant, innovative, indefatigable, and unflappable. The kind of guy you can imagine performing his own appendectomy.”)
  • The Outstanding Intellectual Property Lawyer in the United States in the first Chambers Award for Excellence, 2006
  • "IP MVP" by Law360, 2012; one of 10 "Most Admired Attorneys" by IP Law360, 2010
  • Fellow, American College of Trial Lawyers

 

 

 


Richard J. Sullivan was sworn in as a Judge on the United States Court of Appeals for the Second Circuit in October 2018.  Before that, Judge Sullivan served for eleven years as a trial judge on the United States District Court for the Southern District of New York in Manhattan.  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, Judge Sullivan was an attorney in private practice at the law firm of 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 and the College of William & Mary in Virginia.  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. 


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.


Kiyo A. Matsumoto was appointed as a United States District Judge for the Eastern District of New York in July 2008, after serving as a United States Magistrate Judge for the Eastern District of New York since July 2004.  Following her graduation from Georgetown University Law Center, Judge Matsumoto was a litigation associate at MacDonald, Hoague and Bayless in Seattle, Washington. Thereafter, she joined the U.S. Attorney’s Office for the Eastern District of New York as an Assistant U.S. Attorney, where she served for over twenty years, as a Deputy Chief, First Deputy Chief and Chief of the Civil Division. Judge Matsumoto was an adjunct professor at Brooklyn Law School, where she taught legal research and writing, and at New York University School of Law, where she taught a government civil litigation clinic and seminar. She also has served as a trustee and vice chair of the board of the Federal Bar Council, a member of the Judiciary Committee, the Federal Courts Committee and the Nominating Committee of the Association of the Bar of the City of New York, Vice Chair of the Mayor’s Committee on City Marshals, a member of the Asian American Bar Association of New York and National Asian Pacific American Bar Association, and a member of the American Inn of Court, the American Bar Association Standards Review Committee and the National Conference of Bar Examiners Civil Procedure drafting committee.