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Ethics in Discovery 2019


Speaker(s): Blair E. Kaminsky, Claudia T. Morgan, Lan Hoang
Recorded on: Jun. 26, 2019
PLI Program #: 251708

Blair Kaminsky (Partner, Holwell Shuster & Goldberg LLP) has a wide-ranging practice focused on complex commercial litigation, representing both individuals and corporations in litigation and investigatory matters frequently touching on large-scale transactions and the financial services industry. She currently represents, for example, Visa in putative nationwide class actions and dozens of individual antitrust actions brought by some of the largest retail merchants in the world, including Target and Amazon. In 2018, defendants reached a $6.26 billion settlement with one putative class — the largest known settlement of a private antitrust case in the 120-year history of the Sherman Act.

She has extensive experience representing trustees and other interested parties in various RMBS putback matters pending in state and federal courts. She has also represented targets of shareholder class actions arising from mergers and acquisitions. Blair has appeared frequently in the courts of New York and Delaware as well as other state and federal jurisdictions, and also has advised on international litigation and arbitration. Her previous engagements include white-collar defense, bankruptcy litigation, securities-related matters, and insurance and employment disputes. Blair is actively involved in HSG’s pro bono practice. Her pro bono engagements have included a Fourth Amendment appeal and obtaining documents from public school districts under a New Jersey public access law.

Blair was recently named to the first-ever Euromoney Legal Media Group Rising Stars shortlist in the Best in Litigation: General Commercial category. She has also been recognized on Benchmark Litigation’s 2017 and 2018 Under 40 Hot List, and as one of Super Lawyers’ Top Women Attorneys in the New York Metro Area and as a Rising Star. She was also named to Profiles in Diversity Journal’s 2016 Women Worth Watching list, and is a member of The American Lawyer’s first-ever Young Lawyer Editorial Board.

Before joining Holwell Shuster & Goldberg, Blair was an associate at Wachtell, Lipton, Rosen & Katz, where she represented, among others, JPMorgan in the Lehman Brothers bankruptcy litigation and NYSE Euronext in litigation over a contemplated $10 billion merger that would have created the world's largest stock market.

Blair clerked for the Honorable Judith Rogers of the U.S. Court of Appeals for the D.C. Circuit and graduated, magna cum laude, from Harvard Law School, where she was Supervising Editor of the Law Review.

BAR AND COURT ADMISSIONS

  • New York
  • New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York


Claudia T. Morgan is eDiscovery Counsel in Wachtell, Lipton, Rosen & Katz’s Litigation Department. She focuses her practice on electronic discovery and information management, both domestically and abroad.  She has significant experience in responding to and advising on litigation in federal and state courts, regulatory requests for information, and internal investigations.

Ms. Morgan has managed all aspects of discovery, including coordinating with clients’ litigation departments, directing and consulting with vendors, and hiring and managing teams of contract attorneys and paralegals. She also has experience working with expert witnesses to collect and analyze relevant data.

Ms. Morgan counsels clients on a range of information risk management issues, including eDiscovery and Records and Information Management (RIM) best practices and litigation preparation. She has worked with clients in overhauling their corporate RIM policies and procedures.

Ms. Morgan received a B.S.F.S. from Georgetown University in 1992 and completed her J.D., with honors, from George Mason University School of Law in 1998.

Ms. Morgan is a member of the American Bar Association, the New York State Bar Association, and The Sedona Conference Working Groups 1 (Electronic Document Retention and Production), 6 (International Electronic Information Management, Discovery and Disclosure), and 11 (Data Security and Privacy Liability).

 

 

 


Lan Hoang focuses her practice on complex commercial litigation matters in the areas of financial fraud and asset recovery, intellectual property, business torts, insolvency, professional malpractice, breach of contract and insurance coverage. Her experience involves proceedings in federal and state courts, as well as arbitrations and mediations. Lan served on the Supreme Court of New Jersey District Ethics Committee, District V-A from 2010 through 2014, investigating and prosecuting grievances against New Jersey attorneys charged with unethical conduct under the Rules of Professional Responsibility adopted by the Supreme Court of New Jersey. She also served on ethics hearing panels considering grievances against attorneys.

Lan is on the faculty of the Practicing Law Institute and has served as chair for the New Jersey Basic CLE Marathon. She also is the former co-chair of the firm’s New York Women's Committee, and a current member of the New York office’s Diversity Committee and Recruiting Committee.

Experience

  • Represented a major publishing firm in a putative class action brought by an author alleging breach of contract and breach of both good faith and fair dealing of the foreign royalties provision of a publishing agreement.
  • Represented a major publishing company in connection with copyright claims concerning application software related to an internet portal for a major aspect of the company's business.
  • Defended a major internet portal in a trademark infringement action in connection with the naming of a spinoff business unit.
  • Represented, as lead attorney, the Securities Investor Protection Act Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC in recovery actions against hedge funds, funds of funds, investment banks, and other financial institutions and fiduciaries.
  • Counseled a major financial, publishing and business services company in connection with data distribution and licensing agreements.
  • Represented a government authority in a Securities and Exchange Commission investigation regarding auction rate securities.
  • Represented a multimillion-dollar investor in securities, corporate governance and breach of contract disputes regarding ownership of an importer attempting to pioneer the U.S. distribution of China-built vehicles.
  • Represented a foreign national in a multibillion-dollar, multijurisdictional trusts and estate dispute.
  • Defended an international electronics manufacturer and distributor in nationwide consumer fraud class actions.