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The Cutting Edge of Arbitration - The Expert's Review of Arbitration Strategy, Tactics and Lessons Learned


Speaker(s): C. Evan Stewart, Charles A. Gall, Jonathan K. Youngwood, Joseph E. Floren, Ross P. Tulman, Seth E. Lipner
Recorded on: Jan. 25, 2019
PLI Program #: 271904

Jonathan Youngwood is Co-Chair of the Firm’s Litigation Department and is a member of the Executive Committee. With more than two decades of experience, Jon has represented clients in a wide range of high-profile complex commercial litigation and regulatory matters, including securities, corporate control, antitrust, and ERISA disputes.

Jon was named a “Distinguished Leader” by the New York Law Journal in 2017, an award that recognizes lawyers in leadership roles who have achieved impressive results in the last year. Chambers and Partners consistently recognizes Jon as a leading securities litigator (Band 1), describing him as a “very well-respected lawyer with a tremendous reputation, and is very good in the courtroom”; “a great advocate”; “the best lawyer on his feet – he is incredibly comfortable before judges and panels”; and a “smart, focused and creative lawyer who brings the required intensity to the job.” Chambers also describes him as “a detail-oriented litigator with the ability to get to the nub of an issue” who “has extensive securities knowledge”; a “flair for written work and oral advocacy”; who “commands respect in the courtroom”; and “is highly esteemed for his distinguished securities litigation practice, with a number of major financial institutions calling upon his skills in defending class actions, derivative claims and wider disputes work.” He is recognized as a “Leading Lawyer” by The Legal 500, where market commentators describe him as “very talented”; who has a “client-oriented approach”; “technically superb, bright and articulate”; an “outstanding securities litigator”; and “smart, hardworking and extremely professional.” In 2017, he was the recipient of the “Securities Lawyer of the Year” award by Euromoney’s Benchmark Litigation, an award that recognizes the country’s most distinguished litigators; he was listed as a “Top 10 Nationwide Securities Star”; and is consistently recognized as a national and New York “Litigation Star” in Securities Litigation by Benchmark Litigation, where sources have described him as “one of the smartest lawyers I know. He not only is hardworking, but he has the ability to be both a big-picture thinker and also pay incredible attention to detail.”

He edits the Securities Law Alert, a monthly newsletter published by the Firm, is the Co-Chair of PLI’s annual program entitled “Handling a Securities Case: From Investigation to Trial and Everything in Between,” and received the Burton Award for Achievement in Legal Writing.

Among a number of significant pro bono achievements, Jon served on the Simpson Thacher team that achieved a finding (after a seven-month trial) that the New York City public schools fail to provide a constitutionally adequate education. 

Jon received his B.A. with honors from Brown University in 1990. He received his J.D. in 1994 with honors from the University of Chicago, where he served as Comments Editor of The University of Chicago Law Review. He also holds a Master of Public Policy from The University of Chicago (1992). Jon joined Simpson Thacher in 1995 following a one-year clerkship with Hon. Dennis G. Jacobs of United States Court of Appeals for the Second Circuit. He became a Partner in 2003.


Ross Tulman began his career in the financial services industry as a Series 7 Registered Representative in 1982.  Mr. Tulman has been a Registered Investment Advisor since1985. Today he is the Senior Partner of Trade Investment Analysis Group in Columbus, Ohio.  Mr. Tulman founded the firm in 1985 to manage investment portfolios of high net worth individuals, small businesses and retirement plans. TIA Group’s current focus is to provide expert witness services to counsel engaged in securities and investment arbitration and litigation.

 

Mr. Tulman has been an active participant in the dispute resolution process for 30 years. He began his career as an expert witness after the 1987 stock market crash. He has been retained to consult and testify regarding the full spectrum of issues frequently contested in brokerage and investment advisory matters.  He has provided testimony in both state and Federal court, and in arbitrations before the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers), the American Arbitration Association, the New York Stock Exchange, Judicial Arbitration and Mediation Services, and several other forums.  Ross has testified on behalf of institutional and public customers, broker/dealers, investment advisory firms, and banks throughout the country. He is one of the few experts who is routinely consulted and retained on behalf of both claimants and respondents, and plaintiffs and defendants.  He has appeared in numerous high profile interesting and complex matters.

 

Mr. Tulman serves on the Board of Directors of the Securities Experts’ Roundtable (SER). The membership of SER consists of many of the top securities and investment experts in the country. Ross served as the President of SER in 2006-2007 and again in 2016-17.  Ross has been a frequent public speaker on topics concerning securities arbitration, most notably with the Practising Law Institute. He has published a number of articles related to the practice of experts in arbitration.  He serves as an arbitrator for FINRA and the NFA and has occasionally been retained as a mediator.

 

Mr. Tulman earned a BA in English from Emory University, an MBA in Taxation from Xavier University and an MS in Finance from Johns Hopkins University.


Seth E. Lipner is a Professor of Law at the Zicklin School of Business of Bernard M. Baruch College (CUNY) in New York City, and a member of the firm Deutsch & Lipner in Garden City, New York.

Professor Lipner is the author of numerous scholarly articles and law books, including SECURITIES ARBITRATION DESK REFERENCE, co-authored with Professors Joe C. Long and William Jacobson, and published each year by West Publishing. As a member of Deutsch & Lipner, Mr. Lipner focuses his practice on representing investors and other individuals with grievances against providers of financial services.

Professor Lipner was a founder of PIABA when it was created in 1990. He served as President in 1994-1995, and again in 2000-200 l. He served as Secretary to the organization and on its Board of Directors since the organization's inception until 2006, and now holds the title "Director Emeritus." Professor Lipner has appeared on CNN, NPR, BBC and the Wall Street Journal Report, and is often quoted in publications such as Forbes, The New York Times, Reuters, Business Week, Newsweek, the Wall Street Journal, Newsday, the New York Law Journal and the National Law Journal.
Professor Lipner speaks often to bar groups, and in continuing legal education programs, including the New York State Bar Association, Practicing Law Institute and PIABA. He served on the National Arbitration and Mediation Committee of the NASO from 1998 to 2002, and was at one time a member of the Board of Editors at Securities Arbitration Commentator. He is now on the Editorial Board of the PIABA Bar Journal, and is a regular contributor to the Journal.

Along with Lisa Catalano, he is the author of"The Tort of Giving Negligent Investment Advice," 39 University of Memphis Law Review 663 (2009). His most recent law review article, "The Expungement of Customer Complaint CRD Information Following the Settlement of a FINRA Arbitration," is at 19 Fordham Journal of Corporate & Financial Law 57 (2013). Professor Lipner's
numerous columns and other writings can be found at DeutschLipner.com. and Forbes.com.


Chuck has significant experience in representing clients in complex commercial litigation involving such issues as breach of contract, breach of fiduciary duty, securities fraud, common law fraud, conversion, and other business torts. He also has experience in fiduciary litigation, primarily as counsel for trustees and trust companies.

Chuck is admitted to practice before the United States Supreme Court, United States Court of Appeals for the Seventh Circuit, United States Court of Appeals for the Tenth Circuit, the Northern District of Texas, and the Western District of Texas.

 

SELECTED REPRESENTATIONS

  • Benson v. JPMorgan Chase Bank, N.A., 2011 WL 4010116 (N.D.Cal. 2010)
  • In re Merrill Lynch & Co., Inc., 315 S.W.3d 888 (Tex. 2010)
  • Litson-Gruenberg v. JPMorgan Chase & Co., 2009 WL 4884426 (N.D.Tex. 2009)
  • In re Citigroup Capital Markets, Inc., 258 S.W.3d 623, 2008 WL 2069835 (Tex. 2008)
  • Anderson v. Merrill Lynch, 521 F.3d 1278 (10th Cir. 2008)
  • Lewis v. CNL Restaurant Properties, Inc., 223 S.W.3d 784 (Tex.Civ.App. - Dallas 2007)
  • In re Merrill Lynch Trust Co., FSB, 235 S.W.3d 185 (Tex. 2007)
  • In re Enron Corp., 2006 WL 1371089 (S.D.Tex. 2006)
  • Eternity Global Master Fund, Ltd. v. Morgan Guar. Trust Co. of N.Y., 375 F.3d 168 (2d Cir. 2005)
  • In Re Enron Corp. Securities, Derivative & "ERISA" Litigation, 310 F.Supp. 2d 819 (S.D.Tex. 2004)
  • Merrill Lynch Trust Co., FSB v. Alaniz, 159 S.W.3d 162 (Tex.App. - Corpus Christi, 2004, writ granted and appeal pending before Texas Supreme Court)
  • Beal Bank, S.S.B. v. Robert H. Schleider III, 2003 WL 124243 (Tex.App. - Houston [14th Dist.] 2003)
  • Texas Commerce Bank (now JPMorgan Chase, N.A.) v. Grizzle, 96 S.W.3d 240 (Tex. 2002)
  • Shields v. Texas Scottish Rite Hosp. for Crippled Children, 11 S.W.3d 457 (Tex.App. - Eastland, Jan 27, 2000)
  • Elk Corp. of Dallas v. GAF Bldg. Materials Corp., 168 F.3d 28 (Fed.Cir. 1999)
  • Beal Mortg., Inc. v. F.D.I.C., 132 F.3d 85, (D.C.Cir. 1998)

 

AFFILIATIONS

  • Member, Oklahoma Bar Association
  • Member, American Bar Association
  • Member, Dallas Bar Association
  • Member, Texas Bar Foundation
  • Member, Dallas Bar Foundation

 

ADMISSIONS

  • Oklahoma
  • Texas

 

EDUCATION

  • University of Oklahoma, 1975, J.D.
  • Oklahoma State University, 1972, B. A.


With a focus on corporate and securities litigation, Joseph E. Floren defends clients facing class and derivative actions, litigation and arbitration. He represents securities broker-dealers, investment managers, and other financial services companies and professionals throughout every aspect of litigation and related regulatory issues. In addition to his trial practice, Joseph represents securities industry clients and issuers of securities in investigations and enforcement proceedings before US federal and state securities regulators and self-regulatory organizations. His clients include public companies, banks, and securities firms.

Joseph has tried more than 30 cases to verdict or award before courts, juries, and arbitrators. As lead trial counsel, he successfully defended a financial services company in the jury trial of a $301 million intellectual property claim that ended in a defense verdict after five weeks of trial. Joseph also obtained a dismissal with prejudice for another financial services client facing a class action relating to mutual fund disclosures and sales practices claims.

 

SELECTED REPRESENTATIONS

  • In Hussey v. Ruckus Wireless, Inc. (N.D. Cal. 2017), the district court granted with prejudice a motion to dismiss Section 14 claims finding that plaintiff had abandoned its Section 14(d)(7) claims and failed to state a Section 14(e) claim because scienter is required and was not pled, nor was falsity adequately pled. Media coverage of this decision is linked to this bio.

AWARDS AND AFFILIATIONS

  • Member, Law Firm of the Year, Securities Regulation, US News/Best Lawyers – Best Law Firms (2019)
  • Member, Securities Industry and Financial Markets Association – Compliance and Legal Division

ADMISSIONS

  • California

    EDUCATION

  • University of California, Hastings College of the Law, 1993, J.D.
  • University of California, San Diego, 1990, B.A.


C. Evan Stewart's practice focuses principally on the financial services industry, where he handles litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums, as well as before the Judicial Panel on Multidistrict Litigation and the U.S. Supreme Court. He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.

Mr. Stewart was featured by the New York Law Journal in the "Top Trials of 2005" for his successful representation of Theodore Sihpol, the first person in U.S. history to be criminally charged for "late trading" mutual funds. More recently, Mr. Stewart successfully represented Gary Prince against the U.S. Securities and Exchange Commission. In May of 2013, after a three week bench trial in federal court, the judge dismissed all six charges of securities fraud against Mr. Prince.

Mr. Stewart previously served twelve years as Executive Vice President and General Counsel for The Nikko Securities Co. International Inc., and as a director of Nikko Financial Services Inc. Additionally, Mr. Stewart served as First Vice President, Associate General Counsel, and Head of Litigation at E.F. Hutton & Company Inc.  Since 2003, Mr. Stewart has been tasked by Goldman, Sachs & Co. to, among other things, oversee and litigate all of the disputes arising out of the company's Private Wealth Management Division.

Recognized as a Super Lawyer for Securities Litigation since 2009, Mr. Stewart has also been hailed as a "Local Litigation Star" by Benchmark Litigation since 2010. In 2016, Mr. Stewart received the Sanford D. Levy Award from the New York State Bar Association's Ethics Committee for having "significantly contributed to an understanding of professional ethics by the publication of an article, commentary or a series of articles or commentaries on the subject." In 2008, he received the Modaq Content Award for writing the most popular article in the United States. Since 1980, Mr. Stewart has been AV(R) Peer Review Rated by Martindale-Hubbell.

Mr. Stewart is a visiting professor at Cornell University and an adjunct law professor at Fordham Law School. He has been a regularly contributing columnist for the New York Law Journal since 1990, the New York Business Journal since 2006, and has published approximately 300 articles on diverse legal subjects.  He is also frequently featured in the national media and regularly speaks across the country on securities professional responsibility and complex litigation issues.