New feature: Customize your PLUS research experience with My Preferences. Learn more.
Skip to main content

Trial Evidence 2020


Speaker(s): Dawson Horn, Hon. Andrew J. Peck (Ret.), Hon. James C. Francis IV (Ret.), Hon. Katherine B. Forrest (fmr.), Hon. Lisa Margaret Smith, James A. Sherer, Jessica Ortiz, Lauren Schwartzreich, Michael A. Correll, Steven D. Feldman, Tammy E. Linn, Zoe Salzman
Recorded on: Oct. 22, 2020
PLI Program #: 274349

James Sherer is a Partner in the New York office of BakerHostetler, where he is a co-leader of the Emerging Technology team for the Digital Assets and Data Management Group and directs the firm’s Artificial Intelligence and Information Governance engagements.  James assists with oversight of discovery and Electronically Stored Information issues for firm clients.  James is also tasked with “deep dive” technological and case law-related assignments for omnibus motions and case strategy.  James’s work and scholarship focuses on litigation; discovery management processes; enterprise risk; records and information governance; data privacy, security, and bank secrecy; technology integration issues; artificial intelligence; social media and the Internet of Things, and related merger and acquisition diligence. 

James holds an MBA, the CIPP/US, CIPP/E, CIPM, FIP, and PLS data privacy professional credentials, the CIP and IGP information governance designations, the UCLA Extension Global Cyber Institute’s Cybersecurity Certification, and the CEDS and eDPC eDiscovery specialist credentials. James is U.S. and Global Chambers® Ranked for eDiscovery, a Life Fellow of the American Bar Foundation, and serves as a member of The Sedona Conference® Working Groups One, Six, and Eleven. He is also a member of the New York State Bar Association eDiscovery Committee as well as the New York eDiscovery Counsel Roundtable.  James serves as an elected board member for the New York Chapter of ACEDS, the Stecher & Horowitz Foundation, and the Michigan-based Cleveland Manor Community.  He is admitted to practice in New York, Washington DC, and Michigan.

 


Jessica Ortiz is a highly accomplished lawyer who draws on her extensive experience as an Assistant United States Attorney in the United States Attorney’s Office for the Southern District of New York, where she served for over eight years, ending her tenure as Chief of the Narcotics Unit.

Ms. Ortiz represents companies and individuals in high-stakes civil litigation and white collar criminal and regulatory investigations and enforcement actions brought by the Department of Justice, the Securities and Exchange Commission and other federal and state regulators. She is also called upon to conduct corporate internal investigations in the U.S. and abroad and to advise clients on crisis and risk management.

At the U.S. Attorney’s Office, Ms. Ortiz supervised investigations and prosecutions of domestic and international money laundering, narcotics conspiracies and distribution, and health care fraud and misconduct by physicians and medical practitioners involving prescription drugs and violent crimes.

Prior to her supervisory appointment, Ms. Ortiz investigated and prosecuted a wide range of federal crimes including bank, mail, and wire fraud, computer crimes and misuse, corporate theft, public corruption, racketeering and organized crime as well as murder, assault, narcotics trafficking, stalking, threats, robbery, and kidnapping.

In her courtroom work at the U.S. Attorney’s Office, Ms. Ortiz led 15 jury trials to conviction as lead counsel, including a 3-month RICO enterprise trial stemming from a 76-defendant prose- cution. In addition to her successful trial work, Ms. Ortiz has extensive appellate experience, having briefed eight and argued three appeals before the United States Court of Appeals for the Second Circuit.

Ms. Ortiz previously practiced securities litigation at Weil, Gotshal & Manges, LLP. Prior to law school, Ms. Ortiz was a Senior Technology Security Associate for the Global Risk Management Service of PricewaterhouseCoopers LLP.


Katherine B. Forrest is a former U.S. District Judge for the Southern District of New York and former Deputy Assistant Attorney General in the Antitrust Division of the U.S. Department of Justice, whose litigation practice as a partner at Cravath has a significant focus on high tech issues, including those related to artificial intelligence, the digital environment and big data. She regularly speaks, writes and advises clients on the intersection between law and technology 

Ms. Forrest is a regular technology columnist for the New York Law Journal. Her article "The Holographic Judge" was the recipient of The Burton Awards' 2020 "Law360 Distinguished Legal Writing Award," and she has a forthcoming book on artificial intelligence and justice issues. Ms. Forrest recently authored a chapter on emerging issues in copyright law and artificial intelligence in The Law of Artificial Intelligence and Smart Machines and has presented multiple times to the New York State Judicial Institute relating to Artificial Intelligence. She is an Adjunct Professor of Law at NYU Law School co-teaching a course on Quantitative Methods and the Law.

During her tenure on the bench, Ms. Forrest presided over a diverse range of matters, including several thousand criminal and civil cases and over 100 trials, and authored more than 1,000 opinions. She has significant experience in complex litigation (including in the areas of antitrust, pharmaceutical, financial services, toxic tort, intellectual property and significant employment matters), as well as criminal matters and investigations. Ms. Forrest has been recognized as a leading lawyer by numerous professional publications, including The American Lawyer, Benchmark Litigation, Chambers USA, Global Competition Review, IP Law & Business, Law360, Lawdragon and The Legal 500 US.

Ms. Forrest received a B.A. with honors from Wesleyan University in 1986, and a J.D. from NYU School of Law in 1990.


Lauren Schwartzreich, Shareholder and eDiscovery Counsel at Littler Mendelson P.C., assists clients with all aspects of electronic discovery, including initial preservation obligations; developing strategies for efficient and effective data harvesting, review and production; implementing cost-shifting/cost-reduction strategies; leveraging structured data to resolve cases; and the admissibility of electronic evidence at trial. She regularly speaks and publishes on eDiscovery, social media, privacy, and litigation technology issues. Lauren serves as Chair of the ABA’s Annual National Institute on E-Discovery and is a Member of The Sedona Conference Working Group on Electronic Document Retention and Production (WG-1) Steering Committee. She also serves as Co-Chair for her firm’s LGBT Pride affinity group.  Lauren has been recognized by Who’s Who Legal for Litigation: eDiscovery and served as a Fellow for the Leadership Council on Legal Diversity (LCLD).


Mike Correll is a Labor & Employment partner in the Dallas office of Reed Smith LLP.  Mike’s practice focuses on all areas of labor and employment law, with a special emphasis on matters arising under the Fair Labor Standards Act, the Americans with Disabilities Act, and the Railway Labor Act.  Mike also serves as the lead of Reed Smith’s COVID-19 Employment Taskforce. 

Mike graduated with distinction from Stanford Law School in 2009. After graduation she served as a law clerk to the Judge Catharina Haynes of the United States Court of Appeals for the Fifth Circuit. 

Mike’s legal scholarship has been published in the Missouri Law Review, Duke Journal of Gender Law and Politics, the West Virginia Law Review, the Texas Tech Law Review, and the Vermont Law Review. 


Steven Feldman focuses his practice on white collar criminal litigation.   He represents companies and individuals accused of business crimes, public corruption, securities law violations and fraudulent practices by the U.S. Attorney's Office, State Attorney General, District Attorney, Securities and Exchange Commission, and Commodity Futures Trading Commission.  Mr. Feldman works with companies to conduct internal investigations and represents individual executives in corporate internal investigations.  In criminal and regulatory matters, he represents broker-dealers, stock brokers, hedge funds, investment advisors and corporate executives.  In some of his most important victories, Mr. Feldman has convinced criminal authorities not to prosecute his clients for alleged wrongdoing.  When prosecutions go forward, he is an experienced federal court trial attorney prevailing in numerous jury trials.

Skilled as both a defense attorney and a prosecutor, Mr. Feldman has extensive experience in public corruption prosecutions, business crime matters, art and cultural object related crimes, health care fraud cases, and cases arising under the federal securities laws.

Mr. Feldman spent more than six years as an Assistant U.S. Attorney for the Southern District of New York in Manhattan. During his last four years as a federal criminal prosecutor, he served on the Securities and Commodities Fraud Task Force.

Mr. Feldman spearheaded the creation of the Murphy & McGonigle iPhone and Android app, M&M Defend, which provides guidelines to arm individuals and companies with resources for critical law enforcement encounters. It can be downloaded by visiting the iTunes app store and the Google Play store.

He has been recognized by Martindale-Hubbell with its AV Preeminent ranking, the peer-rated highest level of professional excellence.

Admissions

New York
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York

Education

J.D., magna cum laude, Georgetown University Law Center, (Order of the Coif) 1997 
B.A., cum laude, Tufts University, 1992
One Year Program, Hebrew University, 1990


Tammy Linn is a supervising attorney at Appellate Advocates, a non-profit public defender organization located in New York, NY.  She represents clients appealing from criminal convictions, primarily serious felonies, to the Appellate Division, Second Department, and the New York Court of Appeals.  In addition to appellate advocacy, Tammy litigates in the New York City trial courts on behalf of noncitizens seeking post-conviction immigration relief, clients subject to recidivism risk assessment under the Sex Offender Registration Act, and clients seeking resentencing of drug felonies pursuant to sentencing reform.  She also represents clients seeking federal habeas corpus relief in the Eastern District of New York.

Tammy graduated from Brooklyn Law School.  In 2017, she presented on the topic of skin color discrimination in jury selection at the school’s annual Robert M. Pitler Program on Criminal Law, Procedure, Evidence & Ethics.


The Honorable Andrew J. Peck served for 23 years as a United States Magistrate Judge for the Southern District of New York, including a term as Chief Magistrate Judge from 2004 to 2005. Before his appointment to the bench, Judge Peck was in private practice for 17 years, focusing on commercial and entertainment litigation, including copyright and trademark matters, with extensive trial experience.

At DLA Piper, Judge Peck advises on innovative and efficient solutions to the challenges of information management, both within and outside the litigation context. He frequently speaks at conferences concerning eDiscovery issues. Since joining DLA Piper, Judge Peck has been retained to serve as special discovery counsel to clients and law firms, and to submit expert reports in state court cases. Judge Peck is ranked by Chambers as "Recognized Practitioner" for "Litigation: E-Discovery in USA- Nationwide."

Judge Peck also is available to serve as an arbitrator, mediator, Special Master, and ediscovery expert witness. In addition to serving directly through DLA Piper, Judge Peck is on the arbitration and mediation rosters of the American Arbitration Association (AAA), Federal Arbitration, Inc., National Arbitration and Mediation (NAM), and Resolute Systems, LLC. He also is on the International Trademark Association (INTA) Panel of Trademark Mediators.

Judge Peck is recognized internationally for bringing electronic discovery competency to the attention of both the judiciary and bar. Indeed, he is widely described as the first judge to tackle the subject of e-discovery head on, most notably in the influential 1995 decision Anti-Monopoly v. Hasbro, in which Judge Peck found that "it is black letter law that computerized data is discoverable if relevant." Also among his legacy rulings is the 2012 employment class action Monique Da Silva Moore, et. al. v. Publicis Groupe & MSL Group, the first judicial decision approving the use of technology-assisted review. By 2015, Judge Peck declared in Rio Tinto v. Valle that it was black-letter law that if the responding party wished to use TAR, courts would allow it. In March 2018, the New York Law Journal called Judge Peck "one of e-discovery's most influential figures."

Among the honors he has received, American Lawyer named him to its list of the Top 50 Innovators of the Last 50 Years as its Judicial E-Discovery Innovator.

 


The Honorable James C. Francis IV (Ret.) is a Mediator, Arbitrator, and Special Master affiliated with JAMS. From 1985-2017, he served as a United States Magistrate Judge in the Southern District of New York, including a two-year term as chief magistrate judge. During his tenure, Judge Francis was responsible for conducting pretrial proceedings, mediating settlements, and presiding over trial in thousands of cases. The matters he handled include financial markets claims, employment discrimination class actions, wage and hour collective actions, multidistrict product liability litigation, civil rights class actions, mass torts, securities class actions, admiralty cases, copyright and trademark claims, patent infringement cases, and a wide array of complex commercial litigation. Judge Francis is nationally recognized as an expert in electronic discovery.

After stepping down from the bench in 2017, Judge Francis served as distinguished lecturer at the CUNY School of Law, where he taught Civil Procedure, Evidence, Electronic Discovery, Constitutional Torts, and Federal Courts.  Judge Francis has been an active member of several bar groups and currently serves on the Labor and Employment Committee of the New York City Bar Association.

Judge Francis graduated summa cum laude from Yale College, where he was a member of Phi Beta Kappa.  He received his juris doctor degree from the Yale Law School and a masters degree in public policy from the John F. Kennedy School of Government at Harvard University.  Following graduation from law school, Judge Francis clerked for the Honorable Robert L. Carter in the Southern District of New York.  After his clerkship, Judge Francis served an attorney with the impact litigation unit of the Legal Aid Society of New York. There, he litigated class actions and test cases in the areas of housing and education. He also established the Disability Rights Unit to provide legal services for persons with physical and mental disabilities. 


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 is currently serving her fourth term as a Magistrate Judge.  From 2006-2008 Judge Smith 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 has served the Westchester Women's Bar Association (WWBA) for many years, as co-chair of the Outreach Committee, a Local  Elected Director, a Vice-President, and President-Elect, in preparation for becoming the President of WWBA in 2020.  She is also 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 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 was nominated for both awards by the WWBA.

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-teaches 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 WWBA, as well as visits to the Courthouse by school and scout groups, and she advises the Rye Neck High School Mock Trial Team.

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 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.


Zoe Salzman is an experienced trial attorney.  She has tried commercial and civil rights cases before juries in both federal and state courts.  She has also argued appeals in both the Second Circuit Court of Appeals and the First Department Appellate Division.

Ms. Salzman’s diverse practice at the firm includes representing people, companies, and not-for-profit organizations in challenges in many fields, including employment discrimination; sexual harassment; wrongful conviction; police and prison abuse; tort and contract disputes; partnership disputes; housing discrimination; constitutional litigation; developmental disability discrimination; and school bullying.

She also represents executives and employees in negotiating severance and separation agreements.

Prior to joining the firm in 2010, Ms. Salzman clerked for the Hon. Sterling Johnson, Jr. in the Eastern District of New York and worked with the International Human Rights Clinic at NYU School of Law.  Ms. Salzman graduated magna cum laude from NYU School of Law in 2007.


Dawson Horn is presently Vice President, Associate General Counsel, to the Litigation Department at AIG where he is responsible for parent related litigation cases, a range of eDiscovery matters, and antitrust compliance issues. Before assuming that position he was Senior Litigation Counsel with Tyco International and was responsible for a large toxic tort and insurance recovery docket. Prior to that Dawson served for eight years as Assistant General Counsel at Altria Corporate Services where, among other things, he managed Altria’s defense in the multi-billion-dollar RICO lawsuit by the Department of Justice against the major U.S. cigarette companies. At Scott Paper, he managed the company’s defense in breast implant class action litigation and navigated its related insurance issues. His litigation training began at the Pepper Hamilton firm where he gained first chair trial experience and worked primarily on insurance and antitrust cases. Because of this extensive litigation background, Dawson keeps current on a range of related issues, especially the evolving law of eDiscovery. In that regard, he is a member of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1) and a member of the Educational Advisory Board to ALM’s LegalTech. Dawson is also a frequent speaker on eDiscovery issues.