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Trial by Jury 2020


Speaker(s): Douglas A. Cawley, Evan R. Chesler, Gregory A. Markel, Hon. Barry R. Ostrager, Hon. Edgardo Ramos, Hon. Gregory H. Woods, Hon. Jeffrey K. Oing, Hon. Kiyo A. Matsumoto, Hon. Lorna G. Schofield, Hon. Manuel J. Mendez, Hon. Mary Kay Vyskocil, Hon. Richard J. Sullivan, Hon. Richard M. Berman, Hon. Saliann Scarpulla, Hon. Shirley Kornreich, John S. Siffert, Lucille A. Fontana, Mark S. Cohen, Michael A. Jacobs, Michele A. Roberts, Morgan Chu, Paul C. Saunders, Theodore V. Wells Jr., William F. Lee
Recorded on: Oct. 14, 2020
PLI Program #: 276338

Education:
Bachelor of Science in Accounting from Fordham University College of Business Administration (C.B.A.), now Gabelli School of Business, 1983. Juris Doctor from Universidad Central del Este (U.C.E.) Dominican Republic, 1987. Fordham University Law School, Foreign Law Graduate Program, 1989.

Legal experience:

  • Legal Aid Society Criminal Defense Division Bronx County (staff Attorney) 1990-1993.
  • Kwasnik & Mendez, Esq., 1993-1999.
  • Law Offices of Manuel J. Mendez, P.C. 1999-2003.

Judicial experience:

  • Elected to the Civil Court City of New York, New York County, 2003. Presided over Criminal non-jury trial and Civil jury and non-jury trials involving cases in the areas of Personal Injury, Medical Malpractice, Commercial Real Estate, No-Fault Insurance law and Consumer Debt.
  • Appointed Acting Justice Supreme Court State of New York January 2010. Assigned a docket of New York City Housing Authority matters and presided over jury trials involving cases in the areas of Personal Injury and Medical Malpractice.
  • Elected to the Supreme Court of the State of New York, 2012. Coordinated the New York City Asbestos Litigation (N.Y.C.A.L.) from April 2018 and presided over all toxic torts and products liability asbestos related cases filed in the City of New York, presided over jury trials involving Asbestos cases, Personal Injury, and Medical Malpractice cases.
  • Appointed to the Appellate Division First Department in 2020.


A partner and co-chair of the Litigation Department, Theodore V. Wells, Jr. has extensive litigation experience in white-collar defense, complex civil and corporate litigation, SEC regulatory work, healthcare fraud, FCPA, AML and OFAC investigations, environmental matters and class action litigation.

In 2010, The National Law Journal named Ted one of “The Decade’s Most Influential Lawyers” and over the years has repeatedly selected him as one of the 100 most influential lawyers in America, including naming Ted as the Lawyer of the Year in 2006. Ted also has been recognized as one of the outstanding jury trial lawyers in the United States by numerous publications including Chambers USA, which has noted that Ted “is considered by many to be ‘the best trial lawyer in the country.’” Since 2013, Chambers USA has named Ted a Star Performer in three categories: nationwide trial litigation, New York general commercial litigation and New York white-collar crime and government investigations, and Benchmark Litigation named him in similar categories. Ted has also been named to The National Law Journal’s 2015 “Litigation Trailblazers” list, which honors 50 individuals who have changed the practice of litigation through the use of innovative legal strategies.


Barry R. Ostrager is presently serving as a New York Supreme Court Justice in the Commercial Division.  Prior to leaving private practice, Justice Ostrager was a litigation partner at Simpson Thacher & Bartlett LLP and the long-time head of the Simpson Thacher Litigation Department. Mr. Ostrager received his B.A. from City College of the City University of New York in 1968 and his M.A. in 1973. He earned his J.D. from New York University School of Law in 1972 and served as a judicial clerk in the United States District Court for the Southern District of New York.

Justice Ostrager was prominently involved in many high-profile securities, anti-trust, and commercial cases, and was lead trial counsel in more than a dozen major insurance coverage cases. He was lead trial counsel for Swiss Re in the highly publicized insurance coverage dispute involving the World Trade Center tragedy which resulted in a unanimous jury verdict in favor of Swiss Re, and lead counsel for Hanwha in a multi-billion dollar dispute with the Korean government that was the subject of a multi-week trial. Justice Ostrager successfully argued before the United States Supreme Court the closely followed Epstein v. Matsushita case that arose out of Matsushita’s successful tender offer for MCA, Inc. He successfully argued again before the Supreme Court the Travelers v. Bailey case, which resolved important issues relating to the rights of settling insurers in asbestos-related bankruptcy. He also successfully represented Andersen Consulting against a $14 billion claim by Arthur Andersen in connection with Andersen Consulting's successful bid to win a separation without cost from the Andersen Worldwide organization in the largest ICC arbitration in history.

Justice Ostrager is co-author of the Handbook on Insurance Coverage Disputes (Aspen Law & Business 2021), a widely-used, three-volume treatise now in its 20th edition. He is also co-author of Modern Reinsurance Law and Practice, 3d. (LegalWorks 2014), the leading treatise on modern insurance law.

 

 


Bill Lee is a leading trial and appellate lawyer and intellectual property litigator who has represented a variety of technology-focused clients for more than 40 years. Mr. Lee has tried more than 200 cases to verdict and argued more than 100 cases to the Court of Appeals of the Federal Circuit and other appellate courts. Those have included some of the highest profile cases of the last decade.

Mr. Lee has acted as lead trial counsel for Apple Inc. in the "smart phone war" litigations; in several cases between Apple, Intel and Qualcomm; and in a number of other federal court cases involving genetically engineered products, laser optics, video compression, cellular communications, remote data storage, secure Internet communications, pharmaceutical products, high-speed chromatography and medical devices. Mr. Lee also achieved a victory as lead trial counsel for Harvard in the case challenging its admissions policies as discriminatory.

Mr. Lee was elected to the American Academy of Arts and Sciences in 2017. He was named a 2016 Intellectual Property Trailblazer & Pioneer by The National Law Journal, the 2015 Boston Litigation - Intellectual Property Lawyer of the Year by Best Lawyers in America, the 2014 Distinguished Law Firm Leader by The American Lawyer, and was one of eight finalists selected by The American Lawyer as "Litigator of the Year" in 2012. He has been named "Litigator of the Week" on six occasions by The American Lawyer.

From July 1987 through June 1989, Mr. Lee served as associate counsel to Independent Counsel Lawrence E. Walsh in the Iran-Contra investigation. In that capacity, Mr. Lee was responsible for certain portions of the grand jury investigation and resulting indictments. He has also served as a special assistant to the Massachusetts Attorney General for the purpose of investigating alleged incidents of racial bias in the Commonwealth's courts.

Mr. Lee is the Senior Fellow of the Harvard Corporation and the Eli Goldston Lecturer at Harvard Law School.  He is a Fellow of the American Academy of Arts and Sciences and the American College of Trial Lawyers.


Douglas A. Cawley is a Principal in the Dallas office of McKool Smith. For more than forty years, he has been engaged in the trial of complex cases and has handled major intellectual property matters throughout the United States and across the globe. He has served as lead counsel in six patent infringement trials that have earned "Top 100 Verdict" rankings by The National Law Journal and VerdictSearch in 2007, 2008, 2009, 2010, 2012, and 2013. Mr. Cawley is ranked as a leading intellectual property lawyer by Chambers USA and is included in the Lawdragon 500 listing of "Leading Lawyers in America." In September 2015, he was profiled in Law360’s “Trial Aces” special feature, which recognized the Top 50 trial lawyers in the United States. In describing Douglas’s effectiveness as a trial lawyer, Law360 noted that his “list of victories is replete with multimillion-dollar verdicts won against some of the deepest pockets in the corporate world,” and that “you can chalk [his] more than $1 billion in patent victories up to his way of wooing juries.” The article also discusses how Douglas' “honesty in the courtroom has earned him a positive reputation with judges.”.  Douglas was named the Dallas "Patent Lawyer of the Year" by Best Lawyers and "Outstanding IP Litigator - Texas" by Managing IP. He also received the "Litigator of the Year (South)" award from Benchmark Litigation and the Texas Lawyer 2017 Professional Excellence Award for "Distinguished Leadership." Most recently, he was recognized as a 2018 "Plaintiff Trailblazer" by The National Law Journal. The feature honors the top 25 leading lawyers in the nation who have achieved "remarkable success" for plaintiffs.

Mr. Cawley is a Fellow of the American College of Trial Lawyers, and a member of the American Intellectual Property Law Association and the American Bar Association Section on Intellectual Property Law. He is a frequent speaker on patent litigation at seminars throughout the country.

 


Evan R. Chesler is Cravath’s Chairman. He previously served as the Firm’s Presiding Partner, Deputy Presiding Partner and Head of the Litigation Department. Mr. Chesler has broad experience in both trial and appellate courts, and has tried numerous cases in federal and state courts all over the country. He handles a wide variety of litigation, including securities, shareholder derivative, intellectual property, general commercial, environmental, ERISA, contractual disputes and antitrust.

One of the most highly regarded trial attorneys in the nation, Mr. Chesler is a fellow of both the American College of Trial Lawyers and the International Academy of Trial Lawyers. He has extensive experience handling trials, arbitrations and appeals in a wide variety of matters for clients in virtually every industry.

Mr. Chesler is a fellow of the American Bar Foundation and a fellow of the New York Bar Foundation. He is also the President of the Institute of Judicial Administration. Mr. Chesler is Chairman of the Board of Trustees of the New York Public Library and Chairman of the Lawyers for the Library Committee. He is also a member of the Leaders Council of the Legal Services Corporation, a member of the Council of The American Law Institute, a Trustee of the Federal Bar Council and a Trustee of the Supreme Court Historical Society. Mr. Chesler is an adjunct professor of law at

New York University School of Law, where he teaches an Advanced Trial Practice Seminar, and is a member of the Board of Trustees of NYU and NYU School of Law. He is also the Chairman of NYU’s Board of Overseers of the Faculty of Arts and Science and Founder and Chairman of LAMP (the Lawyer Alumni Mentoring Program), which provides mentoring and curriculum enrichment programs to prelaw students.

Among his many accolades, Mr. Chesler was named a 2019 “Litigator of the Year” by The American Lawyer and has received both New York Law Journal’s Lifetime Achievement Award and Benchmark Litigation’s Hall of Fame Award. In addition, he

has been recognized as a leading litigator in several practice areas by numerous other professional publications, including Chambers, The Best Lawyers in America, The Legal 500 US, Lawdragon, The National Law Journal and Law360.

Mr. Chesler received an A.B. degree, with highest honors in History, from New York University, an M.A. in Russian Area Studies at Hunter College and a J.D. cum laude from New York University School of Law. Following graduation, Mr. Chesler clerked for Hon. Inzer B. Wyatt of the U.S. District Court for the Southern District of New York.


Firm co-founder Mark Cohen is the managing partner of C&G’s New York office, and head of the firm's Litigation & Arbitration and White Collar Defense & Regulation groups. Mark’s litigation practice includes complex commercial disputes, real estate litigation, securities litigation, employment litigation, and antitrust litigation. He also represents companies, corporate boards, board committees, and individual clients in white collar criminal cases, federal and state regulatory proceedings, and corporate internal investigations.

Mark is a fellow of the American College of Trial Lawyers. He maintains an active trial practice of both civil and criminal cases and has tried approximately 25 cases to verdict.

He led C&G teams to two of the most significant victories in highly contested cases of the past five years. In one case, C&G achieved a complete victory against the SEC following a two week jury trial in the representation of a former hedge fund analyst in an insider trading case. Mark was subsequently selected as a Litigator of the Week by AmLaw Litigation Daily. Mark also led a C&G team to a landmark victory in a high-profile FCPA case on behalf of a former investment analyst with one of the world’s largest publicly traded hedge funds, which resulted in C&G’s nomination for Global Investigation Review’s Most Important Court Case of the Year award in 2018.

Since 2011, he has served as the court-appointed monitor for the largest fire department in the country. The monitorship involves implementing the U.S. District Court for the Eastern District of New York’s remedial order following a lawsuit alleging racial discrimination.

Prior to co-founding Cohen & Gresser, Mark served as an Assistant United States Attorney for the Eastern District of New York and formerly practiced with Fried, Frank, Harris, Shriver & Jacobson. He is a magna cum laude graduate of the University of Michigan Law School, where he was a Note Editor of the Law Review.

Mark has been ranked by the Chambers USA guide as a Leading Individual in the white collar crime and government investigations category each year since 2013 and has been recognized in its securities litigation category since 2016. Chambers USA also nominated Mark for its White Collar Crime & Government Investigations individual award in 2016. Clients refer to Mark as “a skilled litigator” who is “smart, practical, persuasive, and diplomatic.” He is recognized in The Legal 500’s U.S. guide in the categories of corporate investigations and white collar criminal defense, and general commercial disputes, and is ranked as a Leading Lawyer in the securities litigation defense category. The Legal 500 commentary describes him as “an outstanding trial lawyer and strategist who has excellent judgment,” and “highly intelligent and strategic, great on his feet, has outstanding judgment and instincts, a calming and reassuring presence as a counselor, and is appropriately aggressive and tough when and as needed.” Both Chambers and The Legal 500 commentary refer to Mark as an excellent trial attorney. Mark is regularly recognized by The Best Lawyers in America for white collar criminal defense, and is a former member of Law360's editorial advisory board for its white collar coverage. He has also been named a Local Litigation Star in each edition of Benchmark Litigation since 2012. He has been included as one of New York’s Super Lawyers for business litigation

each year since 2008 and selected by Super Lawyers each year since 2014 as one of the top 100 lawyers in the New York metropolitan area.

For the past five years, he has been a visiting lecturer at the Sorbonne in Paris, teaching a course to French law students on U.S. white collar criminal law.

 

 


Governor Andrew M. Cuomo appointed Justice Jeffrey K. Oing to the Appellate Division, First Department of the New York State Supreme Court on June 12, 2017.  Prior to his appointment, Justice Oing served as a Judge in Civil and Supreme Court for fourteen years.  Justice Oing began his judicial career when he was elected to the New York County Civil Court on November 4, 2003.  On June 18, 2009, he was appointed Supervising Judge of the New York County Civil Court and was designated an Acting Supreme Court Justice of the Supreme Court of the State of New York.  As Supervising Judge, Justice Oing was responsible for the day-to-day Civil Court operations at 111 Centre Street.  In addition to his supervisory duties, he presided over jury and nonjury trials, and conferenced and mediated cases.  On November 2, 2010, Justice Oing was elected to the Supreme Court of the State of New York.  In Supreme Court, Justice Oing was assigned to the Commercial Division where he presided over complex business and financial disputes, such as a contentious dispute involving three retail giants – Macy’s, Martha Stewart and J.C. Penney, and a nonjury trial involving a century old Greco-American educational alliance concerning Athens College, a pre-eminent, leading educational institution situated in Greece.

Justice Oing has over twenty-five years of legal and administrative experience, the majority of which has been in public service.  In 2002-2003, Justice Oing served as Deputy General Counsel, Office of the General Counsel, The Council of the City of New York, overseeing litigation and legal matters involving the City Council.  During that year, Speaker Gifford Miller appointed him Deputy Director for the New York City Districting Commission, where he was responsible for assisting the Commission in redistricting the City’s fifty-one City Council districts, and for obtaining from the United States Department of Justice preclearance under the Voting Rights Act for these council districts.

Between 1993 and 2002, Justice Oing held various positions in the NYS Supreme Court.  From 1993 to 1995, Justice Oing served as Court Attorney in the NYS Supreme Court (New York County).  He also served as Law Secretary to Justice Marylin G. Diamond (1995-1998) and to Justice Walter B. Tolub (2000-2002).  Between 1998 and 2000, Justice Oing was a Principal Appellate Court Attorney in the Appellate Division, First Department.  In those positions, he had the opportunity to assist in authoring major decisions ranging from contract law to constitutional law.

Before joining the NYS Supreme Court, Justice Oing spent several years in private practice concentrating on commercial litigation.  In the midst of private practice, he served a brief stint as Assistant Counsel to New Jersey Governor Jim Florio.  Prior to entering private practice, Justice Oing began his legal career as judicial law clerk to Chief Justice Robert N. Wilentz of the Supreme Court of New Jersey.  During his clerkship, he worked on Abbott v. Burke, a major education funding case in which the Court held that New Jersey’s education funding formula was unconstitutional because it denied poorer urban school districts a “thorough and efficient” education as mandated by the state’s constitution.

Justice Oing received his B.A. in English from Columbia College (1986), and his J.D. from New York University School of Law (1989).  At NYU, he was a staff editor for the Journal of International Law and Politics.  Justice Oing serves on the board of directors of The Chinese-American Planning Council, Inc., a not-for-profit social services, educational and planning organization serving the City’s Asian communities.  Other memberships include: New York City Bar; New York State Bar Association; New York County Lawyers’ Association; Asian American Bar Association of New York; The Jewish Lawyers Guild; and New York Women’s Bar Association.


Greg Markel is chairman of the Litigation Department of Seyfarth Shaw LLP’s New York office, is Co-Chair of the national Securities Litigation Practice, and is a member of the National Litigation Leadership Team.  Greg is a nationally known trial lawyer with vast experience in securities litigation, directors and officers defense, mergers and acquisition litigation, corporate governance litigation and antitrust litigation, particularly in bet your company cases.

He is a recognized leader in the profession.  He has for years been highly ranked by Chambers for Securities Litigation.  He was named by Best Lawyers as M&A Litigation, Lawyer of the Year, for 2018 as well as currently a leading lawyer in Securities, Antitrust and Commercial Litigation.  LawDragon magazine recently inducted Mr. Markel into its Hall of Fame and recognized Mr. Markel as a “legend” and one of only 50 lawyers and judges in the legal profession in the United States who was named to the Law Dragon 500 for 10 consecutive years.  He has also been recognized by many other publications including by Benchmark as a national Litigation Star, for outstanding performance by Best Lawyer’s in America, Legal 500 Leading Commercial Litigators, “Best in Class” in the legal profession by BestofUS.com, Marquis’ Who’s Who for a Lifetime Achievement Award, Super Lawyers, The International Who’s Who of Commercial Litigators and many others.  Prior to joining Seyfarth, Mr. Markel was Chair of the Litigation Department and Chair of the Securities Litigation Group for 12 years at Cadwalader.

Greg is a graduate of Yale Law School, the University of Michigan with an MBA in Finance and Columbia College.  He is Chairman of the Center for Corporate Governance at the New York County Lawyers Association.

He is a member of the Business Law, Litigation and Antitrust sections of the American Bar Association; the Federal Bar Council; the Securities Industry Association – Compliance & Legal Division, and the New York State Bar Association – Commercial Litigation Section.  He frequently speaks on panels and writes on a range of topics, such as securities litigation, director’s and officer’s liability, commercial litigation, accountants’ defense, law firm management and Internet litigation.  He has been a winner of the prestigious Burton Award for Distinguished Legal Writing in 2018, 2016 and 2007.


Hon. Lorna G. Schofield was confirmed by a unanimous U.S. Senate vote as a United States District Judge for the Southern District of New York on December 13, 2012. 

Previously, Judge Schofield was a litigation partner at the international law firm of Debevoise & Plimpton LLP from 1991 to 2011.  Judge Schofield’s practice focused on litigation in complex commercial matters, including the defense of companies and individuals in regulatory and white collar criminal investigations.  She also conducted internal and independent investigations on behalf of companies, their Boards of Directors and Audit Committees.  On the civil side, she represented clients in private disputes, including class actions, corporate bankruptcies, business fraud, professional liability and commercial disputes.  Judge Schofield is an experienced trial attorney, building on the trial experience she gained as a federal prosecutor.  Her trials include the successful defense of celebrity Rosie O’Donnell at trial in a $100 million lawsuit brought by the former publishers of Rosie magazine and a class action jury trial for one of the Big Four accounting firms in which the jury returned a favorable verdict after only thirty minutes. 

Judge Schofield began her career as an associate at Cleary Gottlieb Steen & Hamilton.  She then served as an Assistant US Attorney in the Criminal Division of the US Attorney’s Office for the Southern District of New York.  

She is a former chair of the American Bar Association Section of Litigation, an organization in which she held many leadership positions over twenty years.  Judge Schofield has written and spoken frequently about trial tactics and women in the legal profession.


John S. Siffert is a partner at Lankler Siffert & Wohl LLP, where he has an active ADR practice, in addition to his work in civil commercial litigation and white collar criminal & government regulatory defense. 

He is an Adjunct Professor at NYU School of Law and co-author of Sand Modern Federal Jury Instructions (Civil and Criminal). 

Chief Justice Roberts appointed Mr. Siffert to the Judicial Conference Advisory Committee on Criminal Rules for two successive terms, from 2012-2018. 

Mr. Siffert is a Fellow of the Chartered Institute of Arbitrators and a CIArb accredited mediator. He is on the Roster of Neutrals for the AAA and CPR as well as the Mediation Panel for the SDNY. He is the court-appointed Special Master and Mediator in Gulino v. Board of Education

Mr. Siffert is a Fellow and past Regent of the American College of Trial Lawyers.  He currently serves on the Board of the Practising Law Institute.  He serves on the Executive Committee of the Federal Bar Council Inn of Court and previously was President.  He also is Vice Chair of Projects & Initiatives on the Board of the Historical Society of the New York Courts. 

He received the 2018 George A. Katz Torch of Learning Award from the American Friends of the Hebrew University.  In 2017, he was recognized with the Albert Nelson Marquis Who's Who Lifetime Achievement Award.  In 2014, he received the Healing & Hope Award from the Campaign for the Fair Sentencing of Youth.  He was the recipient of the 2009 Second Circuit American Inns of Court Professionalism Award.  

He was an Assistant U.S. Attorney in the SDNY and served as law clerk to Hon. Murray I. Gurfein.  He graduated from Columbia Law School and Amherst College.   


Judge Berman has been a United States District Judge for the Southern District of New York since November 1998, taking senior status in 2011.  He received a B.S. degree from Cornell University in 1964, a J.D. degree in 1967 from N.Y.U. School of Law, and a M.S.W. in May of 1996 from the Fordham University Graduate School of Social Service. He received a Diploma of Comparative Law in 1968 and a Diploma of International Law in 1970 from the University of Stockholm Faculty of Law.

Judge Berman was an associate at Davis Polk & Wardwell from 1970 to 1974, and served as Executive Assistant to United States Senator Jacob K. Javits from 1974 to 1978. In 1978, he became General Counsel to Warner Cable Corporation (and to MTV Networks Inc. in 1984). In 1986, he became a member of LeBoeuf, Lamb, Greene & MacRae and served as managing partner of LeBoeuf Lamb’s Los Angeles office from 1989 to 1991. From May 1995 until his appointment as a Federal District Judge, he served as a New York State Family Court Judge for Queens County. 

Judge Berman has been developing an intensive court-involved supervised release program intended to help incarcerated persons integrate back into the community. See New York Law Journal article “Finishing ‘Unfinished Business’”, which includes the following: “Judge Berman’s data is quite encouraging on the recidivism and reincarceration front,” May 27, 2021, p1.

Judge Berman received the National Association of Social Workers (NYC) Emerald award for 20 years of leadership as a licensed social worker and judge on March 28, 2019.

Judge Berman has lectured on the "Rule of Law" in Istanbul, Turkey (2014) and Tirana, Albania (2013). He organized and moderated a panel discussion entitled “Arbitration in 2017: Where is it Headed” at the Southern District Ceremonial Courtroom on March 7, 2017. He is the author of "Special Immigrant Juvenile Status"; "A Team Model to Identify Child Abuse"; "Seven Steps to Protect Children"; and "Community Service for Juvenile Offenders" published in the New York Law Journal.

Judge Berman is a member (and past Chairman) of the New York State-Federal Council and the New York County Lawyers Association Justice Center Advisory Board. He is Chairman of the Southern District’s Senior Judges Committee. He has served as an Adjunct Professor at New York Law School, as a member of the New York State Permanent Judicial Commission on Justice for Children, and as a member of the New York City Mayor's Child Welfare Action Group.


Justice Saliann Scarpulla is a graduate of Boston University and Brooklyn Law School, cum laude.  After law school, Justice Scarpulla clerked for the Hon. Alvin F. Klein in Supreme Court, New York County. When her clerkship concluded, Justice Scarpulla joined Proskauer Rose Goetz & Mendelsohn as a litigation associate.

Justice Scarpulla later moved to the Federal Deposit Insurance Corporation as Senior Counsel in the New York Legal Services Office.  From the FDIC Justice Scarpulla became Senior Vice President and Bank Counsel to Hudson United Bank.

Justice Scarpulla returned to the New York State court system in 1999, as Principal Court Attorney to the Hon. Eileen Bransten. She was then elected to the New York City Civil Court in 2001, appointed to the New York State Supreme Court in 2009, and elected to the Supreme Court in 2012.  From February 2014 to July 2020, Justice Scarpulla sat in the New York County Commercial Division, and she was responsible for all international commercial arbitration matters pending in the New York State Supreme Court.  In July 2020 Governor Cuomo appointed Justice Scarpulla to the Appellate Division, First Department.

Justice Scarpulla is a contributing author to the Commercial Litigation in New York State Courts treatise and has authored several articles on technology and commercial litigation. Justice Scarpulla is a frequent lecturer for, among others, the Association of the Bar of the City of New York, the New York County Lawyers Association, the New York State Bar Association, the American Bar Association, the Practicing Law Institute, and the New York State Judicial Institute. 

Justice Scarpulla is active in several New York City and statewide bar associations and is a Business Court Representative to the American Bar Association.   She is a member of New York’s Commercial Division Advisory Council, and the Co-Chair of the Council’s Subcommittee on Use of Technology in Commercial Division Cases.  Justice Scarpulla also sits on the Chief Judge’s Alternative Dispute Resolution Advisory Committee, and, in October 2019 Chief Judge DiFiore appointed Justice Scarpulla to the New York State Continuing Legal Education Board.  Justice Scarpulla is a Board member and Co-President of Judges and Lawyers Breast Cancer Alert (JALBCA).


Lucille A. Fontana is a partner in the firm of FONTANA GIANNINI LLP. Her practice focuses on representing plaintiffs in medical malpractice and general tort litigation matters.

Ms. Fontana graduated first in her class from Pace Law School in 1981 and has practiced in the field of tort litigation since then.  She is a Fellow of the American College of Trial Lawyers; a Member of the Advisory Committee on Civil Practice, New York State Office of Court Administration; a Life Fellow of the American Bar Foundation and New York State Bar Foundation; and a volunteer mediator, Federal Court Southern District.

Ms. Fontana was a recipient of the New York Bar Association Attorney Professionalism Award in recognition of her zealous advocacy, integrity and civility. She has lectured frequently on topics of litigation practice.


Many leading technology and life sciences companies call on Michael Jacobs to lead trial teams in their most complex litigation. He served as co-lead counsel in two of the most-watched intellectual property battles of recent memory, including a high-profile smartphone case leading to a jury verdict of over $1 billion. He represented Uber in defending it against Waymo’s autonomous vehicle trade secret claims.  Chambers has called him a “real star” and a “pillar of the Silicon Valley patent litigation community.” Clients have described him as “simply outstanding…he is a superb writer and strategist, as well as super-smart and articulate in court.”

Mr. Jacobs is listed in Band 1 by Chambers USA in its 2018 California Intellectual Property category, which describes him as an “extremely smart, articulate and professional” patent litigator who has an “uncanny ability to connect with both the judge and jury.” He is listed among the top attorneys in The BTI Client Service All-Star MVP, nominated by clients and selected for consistent outstanding client service. Mr. Jacobs has won the California Lawyer Attorneys of the Year (CLAY) award three times, first for his advocacy on behalf of Intel in the Intel v. Hamidi “trespass to chattels” case, in 2012 for his defense of Novell in SCO v. Novell, and in 2014 for his role as co-lead counsel in a billion dollar smartphone trial. He also has been named “Litigator of the Week” by The American Lawyer for his victories in the Novell case and the smartphone trial.

Mr. Jacobs' work in several landmark cases has helped to shape the laws governing emerging technologies. In the widely reported SCO v. Novell Linux copyright litigation, he defeated SCO’s $200 million claim in a three-week jury trial, prevailed in a bench trial on Novell’s multi-million dollar claims, and successfully defended those results on appeal in the 10th Circuit. He also represented Autodesk in the Vernor v. Autodesk case, which established that copyright’s first sale doctrine does not immunize the re-sale of licensed software.

In addition, he has represented leading life sciences companies in their cutting edge litigation, including Chiron in its HCV protease litigation, Abraxis in its nanoparticle anticancer treatment dispute with Elan Pharma, and QLT in its litigation with TAP Pharmaceutical involving the Eligard anticancer treatment. He currently represents Genentech in its patent litigations with Phigenix and against Eli Lilly.

Mr. Jacobs has also achieved victories in important pro bono cases. He was co-lead counsel for plaintiffs in the landmark Williams v. State of California class action, which led to a settlement in which the State undertook to address shocking conditions in California’s lowest performing schools. He also represented the Jewish Community Relations Council and the Anti-Defamation League in a successful pre-election challenge to an anti-circumcision initiative slated for San Francisco’s ballot.

Mr. Jacobs frequently speaks on cutting-edge intellectual property issues. For example, for the last several years he has participated in the Federal Judicial Center-Berkeley Center for Law & Technology’s education program for federal judges.

Education

  • Stanford University (B.A., 1977)
  • Yale Law School (J.D., 1983)


Mary Kay Vyskocil was sworn in as a United States District Judge for the Southern District of New York on January 6, 2020. She previously served for almost four years as a United States Bankruptcy Judge for the Southern District of New York. Prior to her appointment to the bench, Judge Vyskocil practiced general commercial litigation for almost thirty-three years at Simpson Thacher & Bartlett, from which she retired as a Senior Litigation Partner in March 2016 to join the bankruptcy bench.

At the time of her judicial appointment, Judge Vyskocil had a diverse practice handling complex commercial cases, including major insurance and reinsurance disputes, contract and tort issues, bankruptcy-related issues, securities and antitrust law, both as a trial attorney and an appellate advocate. During her career, she tried dozens of cases, argued scores of appeals and handled numerous arbitrations in state and federal courts throughout the United States and in the United Kingdom.

Judge Vyskocil was ranked as one of the “Top Ten Women Litigators in the United States” by Benchmark Litigation and, in 2016, received a “Top Women in Law Award” from the NYLJ. She was consistently recognized as a litigation leader by numerous publications, including first-tier rankings in Chambers, Legal 500, Who’s Who Legal and America’s Leading Business Lawyers. She was selected by Law360 as a top 15 female litigator and recognized at the Law360 2012 MVP Awards. Judge Vyskocil is the co-author of the leading treatise, Modern Reinsurance Law & Practice, 3d ed. (Thompson Reuters 2015).

Judge Vyskocil has a long history of public service, including service on the SDNY Merits Selection Panel for Magistrate Judges, the Second Circuit Task Force on Racial, Ethnic and Gender Fairness, the NYS Commercial Division Advisory Council, as a hearing referee for the Disciplinary Committee (First Dep’t), and as a trustee of the Historical Society of the New York Courts. She is active in professional associations, including the Federal Bar Council (current president). Judge Vyskocil previously served as president of the Alumni Association of St. John’s Law School and until her appointment to the bench, served on the boards of the NY Community Trust, St Joseph’s Seminary, Dominican College and Sanctuary for Families.  She serves on the board of the Judges & Lawyers Breast Cancer Alert (“JALBCA”). 

In January 2020, the Alumni Association of St. John’s Law School conferred on Judge Vyskocil the Dean John Murphy Award, presented in recognition of distinguished service to the public, the profession and the Rule of Law. She previously was awarded the Sprizzo Award for commitment to the Rule of Law by St. John’s Law School in 2017, the Pietas Medal by St. John’s University in 2008, the St. Edmund’s Medal of Honor by St. Edmund’s Retreat in 2005, and the President’s Medal from Dominican College in 2002.


Morgan Chu is a partner of Irell & Manella LLP. Chambers has described Mr. Chu as “beyond doubt the most gifted trial lawyer in the USA,” who “delivers staggering results for clients.”

Mr. Chu was Co-Managing Partner of the firm for two terms from 1997 to 2003 and is presently Chair of the Litigation Group.

Mr. Chu’s education includes University of California, Los Angeles B.A. 1971, M.A. 1972, Ph.D. 1973; Yale University M.S.L. 1974; and Harvard Law School J.D. 1976, magna cum laude.

After law school, Mr. Chu clerked for the Honorable Charles M. Merrill of the United States Court of Appeals for the Ninth Circuit, joined Irell & Manella as an associate in 1977, and became a partner in 1982.

Mr. Chu was lead trial counsel in some of the world’s largest—and in some cases precedent-setting—verdicts, judgments and settlements, resulting in actual payments totaling over $9 billion, including:

Recent wins in the last year:

 

  • Sloan Kettering Institute and Juno v. Kite Pharma (2020) – $1.2 billion judgment on jury verdict for “first living drug.”
  • Peter v. NantKwest (December 2019) – 9-0 Supreme Court decision successfully contesting the U.S. government position that “all expenses” includes attorneys’ fees in patent section 145 actions to overturn Patent Office decisions.

Other notable cases include:

  • City of Hope v. Genentech – The jury verdict was the largest damage award ever affirmed on appeal by California courts. More than $565 million was paid by the defendant.
  • TiVo v. EchoStar, et al. – $1.7 billion in judgments and settlements including over $600 million paid by EchoStar after the jury verdict and post-trial proceedings; TiVo v. Motorola and TiVo v. Cisco – $490 million; TiVo v. AT&T – $215 million; TiVo v. Verizon – $250 million, plus future royalties.
  • Stac Electronics v. Microsoft – Landmark computer software decision that included $120 million jury verdict.
  • Texas Instruments v. Samsung – Settlement over $1 billion from ITC and district court actions (co-lead counsel).

Professional awards include:

  • One of 40 selected as "The Decade's Most Influential Lawyers" for 2000-2009 by National Law Journal, 2010
  • “Top Ten Trial Lawyers” in the nation by National Law Journal (describing Mr. Chu as a “giant killer”)
  • “100 Most Influential Lawyers in America” by National Law Journal (1994-present; describing Mr. Chu as “an innovator, with a penchant for reversing trends,” along with “extensive pro bono work”)
  • Named “Number One Super Lawyer in Southern California,” receiving highest vote total in the first poll of 65,000 lawyers, by Los Angeles Magazine (2004; describing Mr. Chu as relishing the thrill of “the quixotic challenge of an impossible case”)
  • “Top 100 Most Influential Lawyers in California” by Daily Journal (1993-present; describing Mr. Chu as “brilliant, innovative, indefatigable, and unflappable. The kind of guy you can imagine performing his own appendectomy.”)
  • The Outstanding Intellectual Property Lawyer in the United States in the first Chambers Award for Excellence, 2006
  • "IP MVP" by Law360, 2012; one of 10 "Most Admired Attorneys" by IP Law360, 2010
  • Fellow, American College of Trial Lawyers

 

 

 


Notably, Michele Roberts is the first woman to head a major professional sports union in North America. In her role as Executive Director, Ms. Roberts serves as the primary advocate for all players, ensuring the protection of the organization and its membership, including serving as the lead negotiator in all collective bargaining activities. Prior to this selection, Ms. Roberts was a renowned trial lawyer and member of Skadden, Arps, Slate, Meagher & Flom’s Litigation Group.

Ms. Roberts is a frequent lecturer and presenter to both the bench and bar on a variety of topics related to litigation and trial practice.


Paul C. Saunders is a retired litigation partner from the firm of Cravath, Swaine & Moore LLP. He graduated from Fordham College in 1963 and from Georgetown University Law Center in 1966. He also holds a Certificate from the Institute of Political Studies in Paris and a MS in Global Affairs from New York University.

From 1967 to 1971, he served as a Captain in the U.S. Army Judge Advocate General’s Corps where he tried general courts-martial and argued courts-martial appeals.  He joined the Cravath firm in 1971.

He is a Fellow of the American College of Trial Lawyers, Chair of the New York State Judicial Institute on Professionalism in the Law and is a Member of Chief Judge Janet DiFiore’s Commission to Reimagine the Future of New York’s Courts.

He has been a Distinguished Visitor from Practice at the Georgetown University Law Center since 2004. He is an Emeritus Member of Georgetown’s Board of Visitors and is also a member of the Board of Visitors of the Elisabeth Haub School of Law at Pace University.


Richard J. Sullivan was sworn in as a Judge on the United States Court of Appeals for the Second Circuit in October 2018.  Before that, Judge Sullivan served for eleven years as a trial judge on the United States District Court for the Southern District of New York in Manhattan.  Prior to becoming a judge, he was General Counsel and Managing Director of Marsh Inc., the world's leading risk management and insurance brokerage firm.  From 1994 to 2005, he served as an Assistant United States Attorney in the Southern District of New York, where he was Chief of the International Narcotics Trafficking Unit and Director of the New York/New Jersey Organized Crime Drug Enforcement Task Force.  In 2003, he was awarded the Henry L. Stimson Medal from the Association of the Bar of the City of New York.  In 1998, he was named the Federal Law Enforcement Association’s Prosecutor of the Year.  Prior to joining the U.S. Attorney’s Office, Judge Sullivan was an attorney in private practice at the law firm of Wachtell, Lipton, Rosen & Katz in New York and a law clerk to the Honorable David M. Ebel of the United States Court of Appeals for the 10th Circuit.  He is a graduate of Yale Law School and the College of William & Mary in Virginia.  From 1986 to 1987, he served as a New York City Urban Fellow under New York City Police Commissioner Benjamin Ward.  Judge Sullivan is on the executive board of the New York American Inn of Court and the Center for Law and Religion at St. John’s University School of Law.  He is an adjunct professor at Columbia Law School, where he teaches courses on sentencing and jurisprudence, and he previously served as an adjunct professor at Fordham Law School, where he taught courses on white collar crime and trial advocacy and was named Adjunct Professor of the Year. 


Shirley Werner Kornreich, a neutral with JAMS, is a retired Justice of the Supreme Court, New York County, who sat in the Commercial Division of that court for 9 years. While serving in the Commercial Part, she tried both bench and jury trials, oversaw discovery in complex cases, and decided numerous motions, applying the laws of New York and Delaware, as well as that of other jurisdictions.  Prior to sitting in the Commercial Part, Justice Kornreich served in an Individual Assignment Part, where she oversaw and tried a diverse case load, which included coordination of all of the Bextra/Celebrex New York State cases with the federal MDL (District Judge Charles R. Breyer, N. Dist. Ca.) and the Bausch & Lomb Renu cases with that federal MDL (District Judge David Norton, S.C.), asbestos litigation and construction litigation, which included the 9/11 Memorial (she oversaw further construction litigation involving the Deutsche Bank Building and the Freedom Tower while in the Commercial Part). While there, she tried between 30 and 35 jury trials a year. Before serving in Supreme Court, Justice Kornreich sat in Civil Court, New York County and Bronx County.

Justice Kornreich is a 1975 graduate of New York University School of Law and began her career as an appellate and then trial attorney with The Legal Aid Society.  She has lectured at the New York City Bar Association, the New York State Bar Association, the New York County Lawyers Association, the New York State Judicial College and the Practicing Law Institute and has participated in moot court and other programs at N.Y.U., Columbia, Brooklyn and Cardozo Law Schools.  She, also, has been a speaker at the Commercial Litigation Academy, sponsored by the State Bar, at the State Bar’s Labor and Employment Section annual meeting, and on the business court panel at a conference focusing on the Delaware Chancery Court, sponsored by Columbia University, as well as lectured on criminal identification testimony with New Jersey Chief Justice Stuart Rabner.  She is a member of the Committee on Pattern Jury Instructions of the Association of Justices of the Supreme Court of the State of New York and of the American Law Institute (ALI). 

Justice Kornreich is a past Co-President of Judges and Lawyers Breast Cancer Alert, is on its Board of Directors, has been both a panel member of the JALBCA Annual Symposium and for many years, Co-Chair of the Symposium, had been involved in organizing the Harlem mammography van and has co-captained the JALBCA team in the Komen Race for the Cure.


The Honorable Gregory H. Woods was nominated to the Southern District bench on May 9, 2013 and was confirmed by the United States Senate on November 9, 2013. He graduated magna cum laude from Williams College in 1991 and graduated from Yale Law School in 1995.

From 1995 until 1998, Judge Woods was a Trial Attorney in the Civil Division of the United States Department of Justice in Washington, DC. Judge Woods joined Debevoise & Plimpton in New York City in 1998 and became an equity partner of the firm in 2004. Judge Woods left Debevoise in 2009, when he was appointed to serve as Deputy General Counsel of the United States Department of Transportation in Washington, DC. Judge Woods was nominated to serve as General Counsel of the United States Department of Energy in August 2011 and was unanimously confirmed to serve in that position by the United States Senate in April 2012.


Edgardo Ramos was appointed United States District Judge for the Southern District of New York on December 6, 2011 and entered on duty on December 15, 2011. Judge Ramos graduated from Yale College and Harvard Law School. From 1987 to 1992, Judge Ramos was an associate with the law firm of Simpson Thacher & Bartlett. In 1992, he joined the Office of the United States Attorney for the Eastern District of New York where he prosecuted a wide array of federal crimes including white collar frauds and public corruption. He received the Director’s Award for Superior Performance as an Assistant United States Attorney in 1999. Judge Ramos joined the law firm that would ultimately become Day Pitney LLP in June 2002 as a partner in the white collar defense group. In 2003, he was appointed by New York City Mayor Michael Bloomberg to serve on the Commission to Combat Police Corruption. Judge Ramos has served on the governing boards of the Hispanic National Bar Association, the Connecticut Hispanic Bar Association and the Puerto Rican Bar Association of New York City. He has also served on the Criminal Law and Municipal Affairs Committees of the New York City Bar Association. In 2008, Judge Ramos was elected as a James W. Cooper Fellow of the Connecticut Bar Foundation.


Kiyo A. Matsumoto was appointed as a United States District Judge for the Eastern District of New York in July 2008, after serving as a United States Magistrate Judge for the Eastern District of New York since July 2004.  Following her graduation from Georgetown University Law Center, Judge Matsumoto was a litigation associate at MacDonald, Hoague and Bayless in Seattle, Washington. Thereafter, she joined the U.S. Attorney’s Office for the Eastern District of New York as an Assistant U.S. Attorney, where she served for over twenty years, as a Deputy Chief, First Deputy Chief and Chief of the Civil Division. Judge Matsumoto was an adjunct professor at Brooklyn Law School, where she taught legal research and writing, and at New York University School of Law, where she taught a government civil litigation clinic and seminar. She also has served as a trustee and vice chair of the board of the Federal Bar Council, a member of the Judiciary Committee, the Federal Courts Committee and the Nominating Committee of the Association of the Bar of the City of New York, Vice Chair of the Mayor’s Committee on City Marshals, a member of the Asian American Bar Association of New York and National Asian Pacific American Bar Association, and a member of the American Inn of Court, the American Bar Association Standards Review Committee and the National Conference of Bar Examiners Civil Procedure drafting committee.