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Fundamentals of Taking and Defending Depositions 2019


Speaker(s): Barbara J. Hart, David A. Piedra, David G. Keyko, Denise L. Plunkett, Eric J. Marandett, Eugene T. Boulé, Gerald A. Stein, Ian Simmons, James S. Goddard, Jennifer A. Paradise, Partha P. Chattoraj, Randi W. Singer, Robin A. van der Meulen
Recorded on: Mar. 7, 2019
PLI Program #: 250436

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

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

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

Education:

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

 

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


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


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

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

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


Eric J. Marandett, co-chair of Choate’s Intellectual Property Litigation Group, has more than 20 years of experience representing major pharmaceutical and biotech companies in patent infringement, licensing disputes and other intellectual property litigation.  Mr. Marandett also assists clients in assessing collaborations, acquisitions and joint ventures, particularly in the life sciences industry. In 2017, Mr. Marandett was named to Who’s Who Legal’s list of top patent attorneys and 2017 Boston “Lawyer of the Year’ for Intellectual Property Litigation. He is listed in the Massachusetts Super Lawyers Top 100, The Legal 500 and Chambers USA.  He has also been named a World’s Leading Patent Litigator by IAM 250 and an “IP Star” by Managing Intellectual Property.

Eric’s recent experience includes:

  • Crane & Co., Inc. v. Gregory R. Jordan, et al.:Choate represented Crane & Co., Inc. in a trade secret misappropriation and breach of contract litigation filed in 2016 in Massachusetts Superior Court.  Crane alleged that a former Crane engineer and company formed by that engineer misappropriated Crane’s trade secrets and breached a confidentiality and non-disclosure agreement in filing patent applications disclosing Crane’s confidential and trade secret information.  Crane also filed claims for conversion, unjust enrichment, and violation of M.G.L. c. 93A.  The parties ultimately entered into a settlement agreement and dismissed the litigation in March 2018.
  • Shire ViroPharma Inc. v. CSL Behring LLC & CSL Behring GmbH, D. Del.: lead counsel to Shire in patent infringement action relating to the treatment of hereditary angioedema.
  • Shire LLC v. Abhai LLC, D. Mass: currently representing Shire in Hatch-Waxman litigation involving generic versions of ADDERALL XR®.
  • Foundation Medicine, Inc. v. Guardant Health, Inc.: counsel for FMI in an ongoing action for patent infringement brought by FMI against competitor Guardant Health, Inc. related to methods for analyzing tumor samples for somatic mutations using hybridization capture and next generation sequencing.
  • Green Cross Corp. v. Shire Human Genetic Therapies, Inc., PTAB:currently representing Shire before the U.S. Patent Trials and Appeal Board in Inter Partes Review filed by Green Cross Corporation.
  • Adello Biologics, Inc. v. Amgen Inc.: represent Adello Biologics, LLC (Adello) in patent litigation filed by Amgen Inc. and Amgen Manufacturing Ltd. (collectively Amgen) related to Adello’s application to the FDA seeking approval of its filgrastim product as a biosimilar to Amgen’s filgrastim product sold under the brand name Neupogen®.
  • Children’s Medical Center Corporation v. Celgene Corporation, D. Mass: lead counsel to Celgene in breach of contract litigation regarding exclusive license agreement related to Revlimid and Pomalyst.
  • Alnylam Pharmaceuticals, Inc. vs. Dicerna Pharmaceuticals, Inc.: counsel to Alnylam Pharmaceuticals in trade secret misappropriation lawsuit brought against Dicerna Pharmaceuticals.

Eric is a member of the American Bar Association Intellectual Property and Litigation sections, the American Intellectual Property Law Association, the Boston Bar Association and the Massachusetts Bar Association. He is also on the board of Lawyers Committee for Civil Rights and was on the Executive Leadership Team for American Heart Association’s Lawyers Have Heart. In addition, he has been Counselor of the Boston IP Inn of Courts.  Mr. Marandett is also active in the Dana Farber Leadership Council. 


Gerald A. Stein is a Senior Counsel in the Antitrust and Competition Group in Norton Rose Fulbright’s New York office.  Gerald’s comprehensive career as an antitrust litigator and a government enforcer enables him to represent and counsel clients in a full array of antitrust matters including state and federal litigation, class action and multidistrict litigation, merger and acquisition antitrust analysis, counseling, compliance, government investigations and enforcement proceedings in a wide variety of industries.

Gerald is a senior-level litigator with nearly twenty-five years of litigation and counseling experience.  Before joining our firm's Antitrust and Competition Practice Group, Gerald was an attorney with the Bureau of Competition at the Federal Trade Commission for more than eight years, where he investigated and litigated a variety of antitrust matters including mergers and acquisitions and anticompetitive conduct.  Prior to that, while in private practice at other prominent law firms, he represented major corporations in all aspects of private antitrust actions (including class actions and multidistrict litigation) involving alleged violations of Sherman Act Sections 1 and 2 regarding claims of price fixing, monopolization, boycotts, refusals to deal, and unfair and deceptive trade practices in various industries, including industrial chemicals, industrial ventilation systems, rental cars, air cargo, airline passengers, automotive filters and healthcare.  He has significant experience developing factual defenses, drafting and arguing motions, working with expert economists and taking depositions.

Gerald was a panelist in this Program beginning in 2009 and has chaired it since 2013.

Gerald earned his B.A. degree from Tufts University and his J.D., cum laude, from Pace University School of Law.


James S. Goddard is a Director and Associate General Counsel with Citi f/k/a Citigroup in New York, NY, and has been a senior litigation attorney with Citi’s predecessors-in-interest, beginning with Shearson Lehman Brothers in 1991.  Mr. Goddard’s practice focuses on banking, securities, commercial and residential realty, intellectual property, technology, abandoned property and general commercial transactions.  His litigation experience includes jury and bench trials in state and federal courts, as well as arbitrations in several forums.

Prior to joining Shearson Lehman Brothers, Mr. Goddard was a litigation associate with Davis Polk & Wardwell, Edwards & Angell and Coudert Brothers.  Mr. Goddard served as Law Clerk to the Honorable William H. Timbers, U.S. Court of Appeals for the Second Circuit.


Ms. Paradise is General Counsel of White & Case LLP. As such, she advises the Firm's lawyers on issues relating to professional responsibility, manages the Firm’s Compliance and New Business Teams, and is a member of the Firm's Global Risk Management Committee.

Prior to joining White & Case, Ms. Paradise practiced in the litigation department at another leading firm where she litigated matters on behalf of financial service and communications industry clients.

Ms. Paradise is a former member of the American Bar Association's Standing Committee on Ethics and Professional Responsibility and of the Committee on Professional Responsibility of the Association of the Bar of the City of New York. She frequently lectures on issues pertaining to professional responsibility and teaches Ethics and Professionalism at Fordham Law School.

Ms. Paradise is a graduate of Columbia Law School where she was an Editor of the Columbia Law Review and a Stone and Kent Scholar. Ms. Paradise clerked for the Honorable Nina Gershon, United States District Court Judge for the Eastern District of New York from 2002-2003.


Partha Chattoraj has broad experience counseling and litigating on behalf of business clients.  A seasoned litigator, Mr. Chattoraj has litigated and tried intellectual property and general commercial cases, appeals, arbitrations, and mediations, including copyright, trademark, trade secret, non-competition, and debt and equity fraud and contract matters.  As a trial lawyer and as appellate counsel, he has represented some of the largest companies in the world in federal and state courts and arbitrations around the country.

After graduating from Harvard College and earning a master’s degree in literature from Yale University, Mr. Chattoraj graduated from the Yale Law School, where he was Articles Editor of the Yale Law Journal and Executive Editor of the Yale Journal of Law & the Humanities.  Mr. Chattoraj began his legal career by clerking for the Honorable Jon O. Newman, of the United States Court of Appeals for the Second Circuit.  After his clerkship, Mr. Chattoraj was associated with Wachtell, Lipton, Rosen & Katz.  Mr. Chattoraj was of counsel in the New York offices of Quinn Emanuel Urquhart & Sullivan LLP before joining Allegaert Berger & Vogel, LLP, a litigation boutique firm focusing on securities, commercial, and intellectual property disputes, as a partner.

Mr. Chattoraj is a member of the Federal Bar Council Second Circuit Courts Committee and the New York City Bar Association’s Federal Courts Committee and Council on Judicial Administration. He has been a Continuing Legal Education panelist on depositions, trial practice, and legal ethics for the New York City Bar Association, the New York State Bar Association, the Practising Law Institute, and in-house legal departments.


Randi Singer is a litigation partner in Weil's New York office, a member of the Firm's Intellectual Property & Media practice and Co-Head of its Cybersecurity, Data Privacy & Information Management group. She focuses primarily on copyright, Lanham Act false advertising and trademark litigation, as well as privacy and cybersecurity, in addition to complex commercial litigation and bankruptcy proceedings.

Ms. Singer has been repeatedly recognized as a leading intellectual property and media & entertainment lawyer by legal industry publications, including The Legal 500 US, Chambers USA, World Trademark Review, Benchmark Litigation, Expert Guides, Managing IP Magazine's IP Stars, Super Lawyers, and Law360. She has successfully represented and counseled clients on a wide variety of copyright and trademark matters encompassing classic ownership and fair use issues for comic books, academic works, music and photographs. A recognized expert on secondary liability infringement issues, major internet platform clients regularly call on Ms. Singer for help navigating an array of unprecedented concerns and solving a wide variety of disputes. Her advertising, trademark, and state unfair trade practices cases have spanned a broad spectrum of consumer products and services, from over-the-counter drugs, razors, toothpaste, paint, food and cosmetics, to financial services, cell phone cases, luxury goods and consumer electronics.

Ms. Singer has earned the Certified Information Privacy Professional (ClPP/US) and Certified Information Privacy Technologist (CIPT) credentials and regularly advises clients in connection with privacy, cybersecurity, and social media issues in a wide variety of matters, including more than one hundred transactions ranging from high-profile deals such as Facebook's acquisition of Whatsapp, Inc. to large public company mergers and small talent acquisitions. In 2015, The National Law Journal recognized Ms. Singer as one of its inaugural "Trailblazers" nationwide for her cutting-edge work in the cybersecurity and data privacy area.

In addition to her active practice, Ms. Singer has taught a course on Trademarks and Unfair Competition Law as an adjunct professor at St. John's University School of Law and is a popular speaker whose speaking engagements include panels and discussions concerning copyright, advertising, and other intellectual property issues for organizations such as the International Trademark Association  (INTA), the Copyright Society, the National Advertising  Division, the Practising Law Institute, the American Conference  Institute, and the New York State Bar Association Section on Intellectual Property. Other professional affiliations include the International Association of Privacy Professionals (IAPP), the New York State Bar Association, the Private Advertising Litigation subcommittee of the ABA, and she has served on the Trademarks and Consumer Affairs Committees of the Association of the Bar of the City of New York.

Ms. Singer is a member of the global steering committee for Women@Weil, Weil's women's affinity group, the winner of Weil's first-ever mentoring award, and an inductee into the YWCA's Academy of Women Leaders. In addition to  her work as the General Counsel for the Lang Lang International Music Foundation, her pro bono work includes litigation successes for the Hebrew Immigrant Aid Society and Sanctuary for Families, trademark and IP counseling for organizations such as The Joyful Heart Foundation and the Breast Cancer Research Foundation, as well as extensive legal support and counseling concerning ambush marketing for NYC2012, New York City's bid for the 2012 Olympics.

Ms. Singer graduated magna cum laude from Harvard University. After receiving her J.D. from Columbia Law School, where she was a Harlan Fiske Stone Scholar, Ms. Singer clerked for the Honorable Richard Owen, U.S. District Judge for the Southern District of New York.


Robin A. van der Meulen focuses on representing businesses and public pension funds in complex antitrust class actions.

Prior to joining Labaton Sucharow, Robin was a litigation associate at Willkie Farr & Gallagher LLP, where she practiced antitrust and commercial litigation. During law school, Robin served as a judicial intern in United States Bankruptcy Court for the Eastern District of New York for the Honorable Elizabeth S. Stong.

Robin obtained her J.D. from Brooklyn Law School where she was an Associate Managing Editor of the Journal of Law and Policy and a member of the Moot Court Honor Society. During her time there, she also earned the CALI Award for Excellence in Legal Writing I & II. Robin earned her B.A. from Columbia University.

Robin is a member of the Executive Committee of the Antitrust Law Section of the New York State Bar Association and is a member of NYSBA House of Delegates. Robin is also a Vice Chair of the Antitrust Section's Health Care & Pharmaceutical Committee of the American Bar Association and the Executive Editor of that Committee’s Antitrust Health Care Chronicle. Since 2012, Robin has been an editor of the Health Care Antitrust Week-In-Review, a weekly publication that summarizes antitrust news in the health care industry.

Education

Brooklyn Law School
J.D., 2009

Columbia University
B.A., 2002

Published & Presented

  • American Bar Association, Recent Issues in Reverse Payments Litigations (Panelist) (09/14/2017)
  • Antitrust Health Care Chronicle, Cash or No Cash – That Is No Longer the Question! (04/22/2016)

Ongoing Cases

  • In re Aggrenox Antitrust Litigation
  • In re Foreign Exchange Benchmark Rates Antitrust Litigation
  • In re Generic Pharmaceuticals Pricing Antitrust Litigation
  • ISDAFix Price-Fixing Litigation (Alaska Electrical Pension Fund v. Bank of America)
  • In re Takata Airbag Products Liability Litigation
  • In re Treasury Securities Auction Antitrust Litigation

Settled | Resolved Cases

  • In re Air Cargo Shipping Services Antitrust Litigation
  • In re Credit Default Swaps Antitrust Litigation
  • In re Municipal Derivatives Antitrust Litigation

Admissions

2010, New York

U.S. Court of Appeals
2011, Second Circuit

U.S. District Court
2010, Southern District of New York
2010, Eastern District of New York


Co-Chair of the Firm’s Antitrust and Competition Practice, Ian Simmons has been lead counsel in more than 32 multi-district litigation (MDL) antitrust proceedings and has achieved precedent-setting results.  With 28 years of experience in antitrust litigation, Ian is one of a few lawyers listed in both the Litigation and Competition Who’s Who Legal directories.  In addition to his extensive experience with cartel cases, Ian litigates matters involving intellectual property issues, including the competitive implications of standard essential patents and FRAND obligations. He has taken more than 30 expert economist depositions.
           
An alumnus of the US Department of Justice Antitrust Division, Ian uses his prosecutorial skills to maximize his clients’ interests.  He has argued before the US Court of Appeals for the Second, Third, Fourth, Seventh and Ninth Circuits and the highest courts in New York and South Dakota.  Ian has tried seven cases to verdict.  His efforts were recognized by Law360, which named Ian an MVP of the Year in Competition in 2011.

Chambers USA regularly ranks Ian for his work in antitrust litigation, and notes his “fine reputation for his multijurisdictional cartel defense work” and reports that clients describe him as “outstanding and incredibly skilled,” commend his “detail-oriented work,” and praise his “encyclopedic knowledge.”  Ian is consistently recognized for his work in antitrust by Legal 500, which labels him a “star of the antitrust bar” along with O’Melveny’s team as “top-drawer,” and by Global Competition Review who recently lauded him for his Samsung victory against Qualcomm in 2017, and shortlisted him for “Litigator of the Year” at the 2015 Global Competition Review awards.  Who’s Who Legal highlights Ian’s “superb attention to detail, excellence in written and oral advocacy and subtle judgement on strategy,” noting that peers and clients consider him “a super smart litigator with great instincts.”  Ian has also been named a 2017 Antitrust Trailblazer by the National Law Journal, a leading lawyer by Who's Who Legal: Litigation in 2017, and a competition expert by Who's Who Legal: Competition in 2018.

An expert in the doctrine at the intersection of intellectual property and antitrust law, including FRAND and the law of Standard Setting Organizations, Ian represented Samsung as an amicus in FTC v. Qualcomm, a filing whose content made its way into the District Court opinion denying Qualcomm’s motion to dismiss.  He defeated class certification on a multi-billion-dollar price fixing claim involving Optical Disk Drives in the Northern District of California against Samsung and other major technology companies and obtained a highly significant victory for Asiana Airlines Inc. in long-running antitrust litigation, which extinguished hundreds of millions of dollars of potential exposure.  Ian also represented Marriott International in an antitrust MDL involving online travel company booking; the complaint was dismissed with prejudice. 

A six time moderator or panelist at the American Bar Association Antitrust Spring meeting, and author of over 20 peer review articles, Ian is a Member of the Editorial Board of the American Bar Association Antitrust Magazine.  He earned his B.A. from McGill University, his M.A. from Yale University and his J.D. from the University of Pennsylvania.


Denise L. Plunkett is a partner in Ballard Spahr’s Antitrust and Consumer Financial Services Litigation practice groups.  She is Co-Managing Partner of Ballard’s New York office, Co-Leader of the firm’s Payment Systems industry group and a Co-Chair of Ballard Women. 

Ms. Plunkett has over 25 years of high stakes litigation experience.  She currently focuses her practice on antitrust and business litigation in the payment card, financial services, and pharmaceutical industries.  She has successfully defended an impressive array of claims, ranging from alleged violations of antitrust laws and consumer protection statutes to business torts and common law claims.  She also represents corporate clients as plaintiffs in significant loss recovery matters.  Her experience includes jury trials and appeals, and she has litigated in state and federal courts across the country. 


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

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

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

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