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Specialized Deposition Techniques 2020


Speaker(s): Brian A. Katz, Jennifer Hurley McGay, Rosemary Halligan, Susan F. DiCicco
Recorded on: Oct. 6, 2020
PLI Program #: 276136

Brian A. Katz is a litigation partner and focuses his practice on complex commercial disputes.

Brian maintains a broad-based commercial litigation practice and has extensive experience in financial markets disputes, and represents financial institutions in litigation and advisory matters involving a variety of instruments and transactions, including high-profile clients facing securities actions in both federal and state courts.  He also represents lenders, private investment funds, real estate developers, and mortgage loan servicers in disputes and advisory matters involving commercial and residential real estate transactions and projects.  In addition, Brian maintains a comprehensive general commercial litigation practice, which encompasses the representation of various business entities and executives in a broad array of matters, including breach of fiduciary duty claims and other business torts, breach of contract, licensing, false claims act, employment, and other disputes growing out of business relationships and transactions.  Employing a keen focus on practical tactics to achieve favorable results, Brian is equally comfortable in the court room, alternative dispute resolution proceedings, or at the negotiating table.  He also maintains an active counseling practice geared towards assisting clients in minimizing and addressing litigation risk at all stages of the business and dispute resolution cycle.

Brian received his J.D. from Boston University School of Law Magna Cum Laude where he was winner of the Homer Albers Prize in Moot Court Competition, and received his B.A. from Tulane University Magna Cum Laude.

Brian has been consistently named for inclusion to the New York Super Lawyers Rising Stars list, a Thomson Reuters lawyer rating service for lawyers under 40, since 2011.

 


Rosemary Halligan is a founding partner of Stern Tannenbaum & Bell LLP. Ms. Halligan started her career at Shea & Gould, and before co-founding the Firm, she was a partner at Duane Morris LLP.

Ms. Halligan concentrates her practice in the commercial litigation field, focusing primarily on complex commercial litigation in areas including real estate, banking, insurance, partnership and shareholder disputes, professional liability, ERISA and trusts and estates law. She has also handled several employment-related litigation matters.

While Ms. Halligan frequently practices in both federal and state courts in New York, she also has appeared in federal and state courts in several jurisdictions outside of New York as well as at arbitrations, administrative hearings and mediations.

Defense of a national accounting firm against millions of dollars of claimed damages stemming from charges of malpractice in auditing a publicly-held insurance company.

Representation of a publicly-held company and its wholly-owned subsidiary in a lengthy arbitration and a jury trial in a matter involving complex fraud and breach of contract issues and millions of dollars in damages.

Representative Matters

  • Representation of two Fortune 100 corporations in a multi-party estate/ERISA dispute.
  • Representation of two major oil companies in a dispute involving a valuable leasehold.
  • Representation of the owners of multiple health care facilities in a complex negotiation of a foreclosure action involving $50 million of loans.
  • Representation of a foreign company in a multi-million dollar fraudulent conveyance action in the U.S. Bankruptcy Court for the District of Idaho and in a related action in the Southern District of New York.
  • Representation of a California bank in several litigations arising out of warehouse loans made to an entity engaging in a multi-million dollar Ponzi-type scheme.
  • Representation of a surety company in multiple actions in New York courts stemming from breach of contractor bonds and general indemnity agreements; representation included regularly obtaining expedited judgments and damage recoveries.
  • Representation of parties in a variety of significant estate disputes.

Admissions

  • New York
  • Connecticut
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States Court of Appeals, Second Circuit

    Education

  • Boston University School of Law, J.D., 1992 (cum laude) Edward F. Hennessey Scholar; Paul J. Liacos Scholar; Editor, Probate Law Journal
  • State University of New York, Oneonta, B.S., American History and Spanish, 1986 National Foreign Language Society; Departmental Honors, History

    Experience

  • Duane Morris LLP, Partner, 2001-2007- Associate, 1998-2000
  • Rosenman & Colin LLP - Associate, 1994-1998
  • Shea & Gould - Associate, 1992-1994


Jennifer Hurley McGay represents individuals and companies in both small and large complex commercial disputes in state and federal courts. Jennifer has experience litigating cases involving a broad spectrum of substantive issues, including business torts, class actions, contract, construction disputes, bankruptcy, securities law, intellectual property, employment, real estate and corporate issues. The clients in these cases have been both plaintiffs and defendants engaged in a wide variety of industries, including financial services, oil and gas, cable and media, sporting goods, telecommunications, electronics, insurance, information technology, and cash management and financial technology. Jennifer regularly advises clients in ways to avoid or minimize litigation risks, including through the use of arbitration and mediation. Jennifer also negotiates and drafts business agreements, including employment agreements, participation agreements, and non-disclosure agreements, and advises clients on the day-to-day issues affecting their businesses. Jennifer’s experience includes representation of credit unions and she is well versed in the specific rules and regulations that govern credit unions and Credit Union Service Organizations. 

Jennifer has been published in the New York Law Journal on issues involving the attorney client privilege and work product doctrine, rules of evidence and securities laws. She was featured in several articles in 2018 in the Long Island Business News and received the Hofstra Outstanding Women in the Law Award in 2018. She was also published in 2019 and 2020 in the Suffolk Lawyer, Commercial Division Special Edition on issues relating to arbitration and subpoenas. From 2015-2017, Jennifer was a panel speaker for the Practicing Law Institute’s “Specialized Deposition Techniques” program and served as the Chair for the 2018-2020 programs. She was a panel speaker in 2017 for Strafford’s “Rule 30(b)(6) Depositions in Class Action Litigation: Deposing or Defending Corporate Witness Depositions” program and a panel speaker in 2019 for Strafford’s “Defending Rule 30(b)(6) Corporate Depositions.”

Jennifer received her J.D., magna cum laude, from the University of Toledo College of Law, where she served as an Editor of the Law Review and was admitted to the Order of the Coif. She received her B.A. from the State University of New York at Albany. Jennifer served as a judicial law clerk in the U.S. District Court for the District of Connecticut during 1996-1998. Following her clerkship, Jennifer practiced law in New York City for approximately twenty years, most recently at Morgan, Lewis & Bockius LLP, before joining Lewis Johs. 

Jennifer is admitted to practice in the States of New York and Ohio, the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. Court of Appeals for the Second Circuit, and the U.S. Supreme Court. She is a member of Federal Bar Association, American Bar Association, Suffolk Bar Association and Financial Women’s Association.


Susan F. DiCicco litigates securities and complex commercial cases, principally representing financial institutions in federal and state court cases throughout the country. She focuses on complex financial transactions, fixed-income products (particularly structured finance transactions), and derivatives. Susan regularly assists clients with trading issues and disputes, as well as assessing risks on new complex products and formulating strategies for existing transactions. Clients recognize Susan as a practical litigator who is fully versed in their businesses. Susan serves as the practice leader at Morgan Lewis for the firm’s global commercial litigation practice.

In the securities defense field, Susan litigates securities class actions and a variety of cases asserting fraud claims under the 1933 Act, the 1934 Act and state blue-sky statutes.  In the complex commercial space, Susan handles a wide variety of litigation for institutional parties, including real estate disputes, banking litigation, lender liability litigation, bankruptcy litigation, and secured lending disputes. Susan also conducts internal investigations and reviews.