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Trial by Jury 2020


Speaker(s): David R. Marriott, 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 Werner 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.  Admitted to the practice of law in the Dominican Republic, State of New York, United States District Courts for the Southern and Eastern Districts of New York and the District of Puerto Rico.

Legal experience:

  • Legal Aid Society Criminal Defense Division, Prison Legal Assistance Program (paralegal) 1988-1990.  Assisted inmates at Rikers Island, and other City of New York County jails, represented by the Legal Aid Society.
  • Legal Aid Society Criminal Defense Division Bronx County (staff Attorney) 1990-1993. Practiced Criminal defense.
  • Kwasnik & Mendez, Esq., 1993-1999.  Practiced State and Federal Criminal defense, Personal Injury litigation, Commercial Real Estate litigation, Workers Compensation defense.
  • Law Offices of Manuel J. Mendez, P.C. 1999-2003.  Practiced State and Federal Criminal defense, Commercial Real Estate litigation, Workers Compensation defense.

Judicial experience:

  • Elected to the Civil Court City of New York, New York County, 2003.  Presided over a 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. Currently designated Coordinating Judge of the New York City Asbestos Litigation (N.Y.C.A.L.), preside 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.


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 received the National Association of Social Workers (NYC) Emerald leadership 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 Barry R. Ostrager received his undergraduate degree from the City College of the City University of New York in 1968 and his J.D. degree from New York University School of Law in 1973.

Justice Ostrager was appointed to the New York Court of Claims by Governor Andrew Cuomo in June, 2015, and served as an Acting New York Supreme Court Justice assigned to the Commercial Division. In June 2017, Governor Cuomo appointed Justice Ostrager to the New York State Supreme Court, and he remains assigned to the Commercial Division. Prior to his appointment, except for a federal judicial clerkship, Justice Ostrager spent his entire pre-judicial career at Simpson Thacher & Bartlett, LLP, becoming a partner in 1980 and serving as Chair of the firm’s Litigation Department from 1999-2011. As a frontline trial and appellate litigator, Justice Ostrager tried many multi-billion dollar cases to verdict and argued scores of appeals, including two successful arguments before the United States Supreme Court.

Justice Ostrager is the co-author of the Handbook on Insurance Coverage Disputes, 19th Edition (Wolters Kluwer 2019); co-author of Modern Reinsurance Law and Practice, 3d Edition (Thomson Reuters 2014), and a contributing author to Business and Commercial Litigation in Federal Courts (Thomson Reuters).

Justice Ostrager is a member of The City Bar, New York County Lawyers’ Association, New York State Bar Association, American Bar Association, American Law Institute, Federal Bar Council and the International Academy of Trial Lawyers.


Mark Cohen is a partner of the firm, which he co-founded in 2002,  and is head of the firm's Litigation and Arbitration and White Collar Defense groups.  Mark’s litigation practice includes complex commercial litigation, real estate litigation, shareholder, securities, and derivatives litigation, employment litigation, corporate control and M&A litigation, and antitrust litigation. He also focuses on white collar defense, regulatory enforcement, and internal investigations, where he represents companies, financial institutions, corporate boards and their committees, and individual clients in white collar criminal cases, federal and state regulatory proceedings, proceedings before self-regulatory organizations, and corporate internal investigations. Mark is a fellow of the American College of Trial Lawyers.

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

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

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. He is recognized in Legal 500’s U.S. guide in the categories of corporate investigations and white collar criminal defense, securities litigation, and general commercial disputes. He is regularly recognized by The Best Lawyers in America in the Criminal Defense: White Collar category, and has been a member of Law360's editorial advisory board for its white collar coverage since 2014. He has also been named a “Local Litigation Star” in the last six editions of Benchmark Litigation and has been included as one of New York’s Super Lawyers for Business Litigation each year since 2008. Mark has been selected by Super Lawyers each year since 2014 as one of the top 100 lawyers in the  New York metropolitan area. He is a visiting lecturer at the Sorbonne University in Paris, teaching a course to French law students on U.S. white collar criminal law.

Activities and Affiliations

Fellow, American College of Trial Lawyers Board of Trustees, Federal Bar  Council Visiting Lecturer, Sorbonne University (Paris)

Member, Law360 Editorial Advisory Board (for White Collar Coverage)

Member, Securities Industry and Financial Markets Association (Compliance and Legal Division) Member, American Bar Association (Section on Litigation)

Former Co-Chair, Securities Subcommittee of the Committee on Commercial and Business Litigation, American Bar Association

Board of Trustees, Supreme Court Historical Society Member, New York City Bar Association

Board of Directors, New York Council of Defense Lawyers, 2008-2011 Member, UJA-Federation of New York (Lawyers Division, Criminal Law Group)

Practice Areas

Litigation and Arbitration; White Collar Defense

Education

University of Michigan Law School (J.D., magna cum laude, 1987); Cornell University (B.A., Phi Beta Kappa, 1984)

Bar Admissions

New York State; U.S. District Courts for the Southern and Eastern Districts of New York; U.S. Court of Appeals for the Second Circuit


Richard J. Sullivan was sworn in as a United States Circuit Court Judge for the Second Circuit in October 2018.  Before that, Judge Sullivan served for eleven years as a United States District Judge for the Southern District of New York.  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, he was a litigation associate at 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, the College of William & Mary, and Chaminade High School on Long Island.  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. 


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.


Bill Lee is a partner at WilmerHale and is one of the country’s foremost trial, appellate and intellectual property lawyers.  He has tried more than 200 cases, both jury and jury-waived, to judgment and argued more than 100 appeals before the Court of Appeals.  Bill has been awarded a lifetime achievement award by the American Lawyer and was selected as one of the National Law Journal’s 100 Most Influential Lawyers in America; one of The American Lawyer’s Litigators of the Year; the outstanding US IP Practitioner by Managing IP; and one of the fifty most powerful people in Boston by the Boston Business Journal. 

Bill was lead trial counsel for Harvard in the case attacking its race conscious admissions policy.  He also served as lead trial counsel for Apple in its worldwide litigation with Samsung, and was lead trial counsel for Broadcom in the highly publicized cases between Broadcom and Qualcomm.  He also represented Pfizer in a trial that, after seven days, resulted in a settlement of $2.15 billion. 

From July 1987 through June 1989, Bill  served as associate counsel to Independent Counsel Lawrence E. Walsh in the Iran-Contra investigation. In that capacity, Bill 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.

Bill served as the managing and co-managing partner at WilmerHale from 2000 to 2012 and was managing partner at the time of the merger of Wilmer Cutler and Pickering and Hale and Dorr.

Bill 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.

 


David R. Marriott is a partner in Cravath’s Litigation Department.  His practice focuses on litigation and alternative dispute resolution, generally concerning business disputes and matters in the areas of intellectual property, securities, antitrust and product liability.

Mr. Marriott has tried, argued and litigated cases in both state and federal courts, and has been involved with numerous forms of alternative dispute resolution.  He is a fellow of the American College of Trial Lawyers.

Mr. Marriott is an Adjunct Professor at New York University School of Law and a Lecturer in Law at Columbia University School of Law.  He teaches antitrust, intellectual property and trial practice.

Mr. Marriott is the editor of New York Business Litigation (NYLJ 2013-2018) and a contributing author and editor of Winning at Trial (ALM 2014).

Mr. Marriott has been recognized as a leading litigator for his trial and other work by publications such as Benchmark Litigation, The Legal 500 US, The Best Lawyers in America, Lawdragon, IAM Patent, Leaders League and Super 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 Chairman of Cravath, Swaine & Moore LLP and one of the most highly regarded trial attorneys in the nation.  He joined Cravath in 1976 and became partner in 1982.  Mr. Chesler became head of the Litigation Department in 1996.  He was elected Deputy Presiding Partner in November 2005, Presiding Partner in January 2007 and Chairman in January 2013, the first person to be given that title in the Firm’s history.

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.  His practice also includes the representation of clients in government and internal investigations.  Mr. Chesler has represented companies and their management in virtually every industry, including technology, pharmaceutical, manufacturing and financial services. 

Mr. Chesler is a fellow of the American College of Trial Lawyers, a fellow of the International Academy of Trial Lawyers, 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. 

Mr. Chesler has been recognized as a leading litigator in several practice areas by numerous professional publications, including Chambers USA, Chambers Global, The Best Lawyers in America, The American Lawyer, Benchmark Litigation, IAM Patent, The Legal 500 United States, Lawdragon and Super Lawyers.  In 2018, Mr. Chesler was honored with New York Law Journal’s Lifetime Achievement Award.  He was named to The Legal 500 Hall of Fame in the Leading Trial Lawyers category in 2017. He became the first recipient of Benchmark Litigation’s Hall of Fame Award in 2016 and was named by the publication as one of the “Top 100 Trial Lawyers in America.”  He was also named a nationwide “Legend” by Lawdragon.

Mr. Chesler is a recipient of a number of awards, including the Judge Learned Hand Award from the American Jewish Committee (2014); a Lifetime Achievement Award from the Atlantic Legal Foundation (2014); the Judge Joseph M. Proskauer Award from the UJA-Federation of New York (2013); and the Judge Simon H. Rifkind Award from the Jewish Theological Seminary (2012). 

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 NYU School of Law, where he was elected to the Order of the Coif, was Topics Editor of the Law Review, served as a junior fellow at the Center for International Studies, twice received the John Norton Pomeroy Prize for academic excellence and was awarded the Benjamin Butler Prize.  Following graduation, Mr. Chesler clerked for Hon. Inzer B. Wyatt of the U.S. District Court for the Southern District of New York. 


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 a nationally recognized trial lawyer, 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. Mr. Markel has extensive experience in securities litigation, corporate governance litigation, corporate investigations, mergers and acquisition litigation, directors and officers defense, and antitrust litigation particularly in large, complex cases. He has also been an expert witness on the securities laws of the United States in foreign litigation.

He is a recognized leader in the profession. He has for years been ranked by Chambers for Securities Litigation. He was named by Best Lawyers as M&A Litigation, Lawyer of the Year, for 2018. LawDragon magazine 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. Benchmark named him as a National Litigation Star. He is also a Legal 500 Leading Commercial Litigator, He has also been recognized by many other publications including Super Lawyers which rated him as one of the Top 100 Lawyers in New York, he is currently recognized for outstanding performance by Best Lawyer’s in America in commercial litigation, securities litigation, merger litigation and antitrust litigation, “Best in Class” in the legal profession by BestofUS.com, The International Who’s Who of Commercial Litigators and many others. He has won a lifetime achievement award from Who’s Who in America

Mr. Markel is a graduate of Yale Law School, the University of Michigan with an MBA with distinction and Columbia University.

He is a member of the Business Law, Litigation and Antitrust sections of the American Bar Association; the Federal Bar Council; the City Bar Committee on Securities Litigation; the Securities Industry Association – Compliance & Legal Division, and the New York State Bar Association – Commercial Litigation Section. He is the recipient of the Burton Award for Distinguished Legal Writing in 2007, 2016 and 2018. He is the Chair for the Center for Corporate Governance of the New York County Lawyers Association. Greg has been co-chair of the New York City Bar’s annual Securities Litigation Institute for a number of years and frequently speaks on panels and writes on a range of topics, such as director’s and officer’s liability, securities litigation, commercial litigation, accountants’ defense, law firm management and Internet litigation.


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 practices 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). He is a Fellow and past Regent of the American College of Trial Lawyers. 

Chief Justice Roberts appointed Mr. Siffert to the Judicial Conference Advisory Committee on Criminal Rules for two successive terms, from 2012-2018.  He sits on a variety of not-for-profit boards, bar associations and committees of the Second Circuit.

Mr. Siffert is a Fellow of the Chartered Institute of Arbitrators and has an active ADR practice. He is the court-appointed Special Master and Mediator in Gulino v. Board of Education and is tasked with recommending damages for 4500 NYC school teachers who failed a discriminatory licensing test.

He has received numerous awards, including the 2020 Law & Society Award from the New York Lawyers for the Public Interest, the 2018 George A. Katz Torch of Learning Award from the American Friends of the Hebrew University, and 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 was graduated from Columbia Law School and Amherst College.


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.


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.