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The Ethics of Electronic Information 2019: Competence, Confidentiality, and Other Ethical Conundrums


Speaker(s): Angela R. Vicari, Gail Gottehrer, Hon. Lisa Margaret Smith, Hon. Tanya R. Kennedy, Ronald J. Hedges
Recorded on: Oct. 11, 2019
PLI Program #: 247828

Angela R. Vicari has considerable experience in product liability and mass tort defense and complex litigation. Her work and growing presence in the industry has been widely recognized.

In her product liability and mass tort practice, Ms. Vicari has defended product manufacturers in lawsuits in state and federal courts, including the coordination of the nationwide defense and multidistrict litigation proceedings of hundreds of cases involving medical devices, pharmaceutical products and consumer products, among others.

In her commercial litigation practice, Ms. Vicari has represented global financial institutions, pharmaceutical companies and hedge funds in disputes in state and federal court, as well as in adversary proceedings in the bankruptcy courts. Her experience is varied and has included breach of contract, fraud and securities matters.

Complex Commercial Litigation Experience

  • Low-cost Indian airline in an arbitration in the ICC International Court of Arbitration.
  • Large pharmaceutical manufacturer in an action brought by venture capitalists alleging breach of a merger agreement.
  • Australian court-appointed liquidators of Octaviar Administration Pty Limited in an action before the United States District Court for the Southern District of New York against Drawbridge Special Opportunities Fund, Fortress Investment Group and certain of their affiliates. The action sought damages of approximately US$350 million and involved various claims under New York law and Australian law.
  • Major financial institution in lawsuits seeking recovery for breaches of interest rate swap agreements.

Product Liability and Mass Tort Experience

  • Irving Oil, Canada's largest refinery, in a suit brought by the State of Vermont seeking statewide remediation of groundwater.
  • Boston Scientific Corporation in litigation involving coronary stents. Won dismissal of several suits on federal preemption grounds, and served as counsel in coordinated proceedings in Massachusetts state court. (Named an Impact Case of the Year: Product Liability by LMG Life Sciences in 2014.)
  • Pfizer in litigation regarding a prescription contraceptive injection.
  • Pfizer in litigation involving a prescription antibiotic.
  • Pfizer in asbestos litigation.
  • Endo Pharmaceuticals and Qualitest Pharmaceuticals in the defense of lawsuits relating to a recall of several oral contraceptive products.
  • Rawlings, a sports equipment manufacturer, in two lawsuits arising from professional baseball. One case, involving a professional player who suffered a head injury after being struck by a pitch, was resolved without any finding of liability. The other matter was brought by a spectator at a New York Mets game when he was hit by a broken bat that flew into the stands. That case was dismissed without prejudice.

Education

  • JD, Columbia Law School, 2004
  • BA, Politics and History, New York University, 2001, magna cum laude

Admissions

  • New York
  • US District Courts for the Southern and Eastern Districts of New York
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Seventh Circuit

Recognition

  • The Legal 500 US
    "Next Generation Lawyer" – Dispute Resolution: General Commercial Disputes (2017-2018)
  • Benchmark Litigation
    “Future Star” (2015)
  • Chambers
    Women in Law Awards "Future Leader (Private Practice)" Shortlist (2015)
  • Law360
    "Product Liability Rising Star” (2012, 2017)
  • Legal Media Group
    Americas Women in Business Law "Rising Star in Litigation” Shortlist (2013 and 2014)
  • New York Law Journal
    "Lawyer Who Leads By Example" (2012)

Professional and Community Activities

  • Member, City Bar Association E-Discovery Task Force
  • Chair, Young Lawyers Committee, Association of the Bar of the City of New York (2011-2014)
  • Intern, Women's Sports Foundation
  • Member, NYU Athletics Hall of Fame Committee

 


Ronald J. Hedges is a Senior Counsel with Dentons US LLP. He served as a United States Magistrate Judge in the District of New Jersey from 1986 to 2017. He is the chair of the Advisory Board of Digital Discovery & e-Evidence, a Bloomberg BNA publication, and is the principal author of the just-released third edition of Managing Discovery of Electronic Information: A Pocket Guide for Judges (Federal Judicial Center: 2017).


After practicing law at law firms for over 20 years, Gail recently founded her own firm, where her practice focuses on emerging technologies-related litigation and counseling, including autonomous vehicle regulation, drones, robots, artificial intelligence, AI ethics, biometrics, facial recognition, the IoT, data privacy, and cybersecurity.  She is one of the few defense lawyers to have been involved in the trial of a class action to verdict before a jury.

Gail teaches Law for Knowledge Innovation at Columbia University, and is a member of the Advisory Board for Rutgers University’s Leading Disruptive Innovation Program, and a Fellow at the Center for Legal Innovation at Vermont Law School.

In addition to being appointed to the State of Connecticut’s Task Force to Study Fully Autonomous Vehicles, Gail serves as Co-Chair of the New York State Bar Association’s Technology and the Legal Profession Committee, and is a member of NYSBA’s Transportation Committee.  She is the New York Regional Co-Chair for the ABA’s Judicial Intern Opportunity Program, Co-Chair of the Programming Committee of the ABA’s Woman Advocate Committee, Vice-Chair of the ABA-TIPS Automobile Litigation Committee, Co-Chair of the National Association of Women Lawyers’ IP & Technology Affinity Group, Editor of the ABA’s Pretrial Practice and Discovery Newsletter, and a member of the Sedona Conference Working Group 1.

Gail was selected as one the Profiles in Diversity Journal’s 2017 Women Worth Watching in STEM and one of the Connecticut Technology Council’s 2016 Women of Innovation.  She is a graduate of the University of Pennsylvania Law School, and served as a law clerk to the Honorable Murray C. Goldman, in the Philadelphia County Court of Common Pleas.  Gail is admitted to practice in New York, New Jersey, Connecticut, and Pennsylvania.


The Honorable Lisa Margaret Smith is a United States Magistrate Judge for the Southern District of New York.  She sits in the Charles L. Brieant Federal Building and United States Courthouse in White Plains.  She was originally appointed in 1995 and she is currently serving her third term as a Magistrate Judge.  From 2006-2008 she served as Chief Magistrate Judge for the SDNY.

Prior to being appointed to the bench, Judge Smith was an Assistant United States Attorney in the Criminal Division of the United States Attorney's Office for the Southern District of New York (1987-1995).  Before becoming an AUSA she served as a Kings County (NY) Assistant District Attorney from 1980-1985, rising to Supervising Senior ADA in the Appeals Bureau, following service in several other bureaus.  From 1985-1986 Judge Smith was an Assistant Attorney General in the Appeals and Opinions Division of the New York State Department of Law, located in Albany.  She represented the State of New York on appeals in state and federal courts throughout New York, and she co-authored an amicus curiae brief on behalf of the National Association of State Attorneys General filed in the Supreme Court of the United States.  In 1986 Judge Smith re-joined the Kings County District Attorney’s Office as a Supervising Senior ADA.  She remained there until 1987, when she became an AUSA for the Southern District of New York.

Judge Smith earned her BA degree, with honors in political science, from Earlham College in Richmond, Indiana in 1977, and her JD degree from Duke University School of Law in Durham, North Carolina in 1980, where she was a member of the Moot Court Board.  She is a member of the Boards of Editors of the Federal Courts Law Review, an on-line and print journal of the Federal Magistrate Judges Association, and of the Federal Bar Council Quarterly.  Judge Smith has served in various positions on the Board of the Westchester Women's Bar Association, and currently serves as a Vice President and member of the Executive Committee.  She is active in the Federal Magistrate Judges Association, the Federal Bar Council, the Federal Bar Association, for which she has served as a Circuit Vice President, and JALBCA.  In 2014 Judge Smith was honored to receive the Judith S. Kaye Access to Justice Award from the Women's Bar Association of the State of New York.  In January of 2018 Judge Smith was also honored to receive the Kay Crawford Murray Award from the New York State Bar Association’s Committee on Women in the Law.

Judge Smith has been an Adjunct Professor at the Elisabeth Haub School of Law at Pace University (formerly Pace Law School) since 2006, where she has taught Evidence and Federal Courts, and co-taught Civil Procedure with Professor Michael B. Mushlin.  Judge Smith frequently lectures at CLE and Bar Association programs, with a particular focus on e-discovery and evidence.  She is a regular participant in events which educate children about the courts, including Take Your Children To Work Day, an annual program of the Westchester Women's Bar Association, as well as visits to the Courthouse by school and scout groups.

Judge Smith published an article, co-authored with Professor Mushlin, entitled "The Professor and the Judge: Introducing First-Year Students to the Law in Context."  The article appears in the Journal of Legal Education, Volume 63, number 3 (February 2014).  Judge Smith also wrote an article entitled "Top Ten Things You Probably Never Knew About Magistrate Judges," published in The Federal Lawyer in May, 2014.  She has also contributed numerous articles to the Federal Bar Council Quarterly.


Hon. Tanya R. Kennedy is a Supreme Court Justice of the State of New York, Civil Term and the former Supervising Judge of Civil Court, New York County. She is also the Immediate Past President of the National Association of Women Judges (NAWJ). During her term as NAWJ President, the organization convened cutting-edge legal education for the bench, bar and community to address cybersecurity, artificial intelligence, e-discovery and the opioid crisis. After organizing a Legislative Caucus on Capitol Hill focusing on ensuring a healthy work environment free of sexual harassment, Justice Kennedy led NAWJ in trademarking “#WETOO IN THE LEGAL WORKPLACE.” Justice Kennedy previously served for ten years as an Adjunct Professor at Fordham University School of Law. She is Chair of the New York City Bar Committee to Encourage Judicial Service and member of the Board of Overseers of the Benjamin N. Cardozo School of Law, where she received her law degree. Justice Kennedy is also an Advisory Board Member of Penn State Law. As a demonstration of her commitment to increasing the pipeline of students from underrepresented communities to the legal profession, Justice Kennedy hosts summer interns from the Sonia & Celina Sotomayor Judicial Internship Program and from the Law and Society Major Summer Internship Program of the Brooklyn Technical High School, which is her alma mater. She promotes the advancement and empowerment of women through her membership in various women’s organizations. Justice Kennedy is the recipient of numerous professional achievement and community service awards and is a frequent speaker at various panels and conferences.