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Expert Witness 2012


Speaker(s): Blair G. Connelly, Celeste R. Coco-Ewing, David M. Cohen, Dr. David H. Schwartz, Ph.D., Dr. David Tabak, Jessie F. Beeber, Kenneth I. Schacter, Linda Imes, Michelle M. Burtis, Richard S. Taffet, Tsvetan N. Beloreshki
Recorded on: Jun. 27, 2012
PLI Program #: 34470

Dr. David H. Schwartz excels at analyzing the interaction of science and law and then communicating clear scientific information to business professionals and lawyers. His work as a “scientific detective” helps clients defend and support pharmaceuticals, medical devices, foods and dietary supplements in the courts, the regulatory arena and the market place.

David heads the Liability Support Practice at Innovative Science Solutions, having secured his reputation defending products in both legal and public settings. He has significant expertise in the design of programs that critically review the scientific foundation of the adversary’s case.

Winning Major Legal Cases for Clients
For more than ten years David has worked with the legal community and evaluated and defended such diverse products as breast implants, wound care products, anti-depressants, anti-anxiety drugs, diet drugs, and dietary supplements. He has even analyzed the possible adverse effects of cell phones on users. In the course of his work, David has played a leading role in winning major multi-billion dollar legal cases for clients. David considers his involvement in the implementation of Daubert challenges as his biggest successes. In these, with the sheer weight of the scientific data he was able to collect, evaluate and present as evidence, he helped counsel win cases before going to trial, thereby saving clients both time and money.

Assessing Therapeutics and Devices Licensing and Acquisition
In addition to being recognized for his insights pertaining to legal cases, David is also sought out for his experience in assessing the potential market impact of therapeutics and devices for licensing and acquisition. Some of these projects have included breast implants, cosmetic implant devices, such as collagen, and pharmaceutical product development in the selection of therapeutic peptide molecules.

Education and Career Path
David received a Ph.D. in neuroscience from Princeton University and postdoctoral training in neuropharmacology and neurophysiology from the Center for Molecular and Behavioral Neuroscience at Rutgers University. Initially his interest in science led him in the direction of academics. But he soon found that consulting with lawyers and other business professionals – evaluating and communicating valuable scientific information – was where his talents and interest lay.

David honed this skill as Director of Scientific Litigation Support for the legal firm, McCarter and English, where he was immediately tested by being asked to evaluate the safety of Prozac and his expertise grew from that experience. Since then, he has guided clients using scientific principles to defend products before, during, and after launch.


Dr. DavidTabak earned his PhD and MA degrees in economics from Harvard University and his BS in economics and BS in physics from the Massachusetts Institute of Technology. While at Harvard, Dr. Tabak participated in teaching courses in micro- and macroeconomics and American economic policy at the undergraduate and graduate levels, and in the creation of an undergraduate textbook and accompanying software package.

Dr. Tabak has appeared as an expert in state, federal, and bankruptcy court, and before arbitration panels, including the National Association of Securities Dealers, the American Arbitration Association, and the International Chamber of Commerce International Court of Arbitration. He has published in his areas of expertise in forums such as St. John’s Law Review and Shannon Pratt’s Business Valuation Update, and has published peer-reviewed articles in Litigation Economics Review and the Journal of Forensic Economics. Dr. Tabak is also the author of book chapters and has served as a member of BV Q&A Update’s expert author panel and as a referee for peer-reviewed journals. His publications have covered topics such as commercial disputes, economic analysis of market efficiency, valuation discounts for lack of marketability, and the application of statistics in litigation analyses. Dr. Tabak has been an invited speaker at the Securities and Exchange Commission and a presenter at forums that provide continuing legal education credits or continuing professional education credits for appraisers.

At NERA, Dr. Tabak is a member of the Securities and Finance Practice. In the area of securities class actions, Dr. Tabak has testified on topics including class certification, liability, materiality, affected trading volume, and damage calculations in cases with allegations such as improper valuations, accounting irregularities, and merger disputes. He has also testified on valuations of equity, financial derivatives, fixed-income instruments, businesses, and litigation settlements.

Dr. Tabak has been retained as an expert to address issues including allegations of valuations, contract disputes, commercial damages, and disputes between brokers and customers. Dr. Tabak has appeared as an expert in US state, federal, and bankruptcy court, and before arbitration panels, including the NASD, the American Arbitration Association, the International Dispute Resolution Centre, and the ICC International Court of Arbitration. His non-litigation work has included developing a risk-scoring model for a reinsurance company, assisting financial institutions in new product development, analysis of potential insider trading for a financial institution, and interpretation of statistical analyses of treatment effectiveness for a program for at-risk youth.

Education
 PhD and MA in economics, Harvard University
 BS in economics and BS in physics, Massachusetts Institute of Technology


Linda Imes, a founding partner of Spears & Imes LLP, has been a criminal and civil litigator for three decades, with substantial trial and appellate experience. She has focused on white collar criminal defense, securities enforcement, and complex civil litigation.

Early in her career, Ms. Imes was a federal prosecutor in the Southern District of New York. There, she served in the Major Crimes Unit and Securities and Commodity Fraud Unit prosecuting a wide variety of complex business and commercial crimes including tax evasion, money laundering, transportation of stolen property, bank fraud, mail and wire fraud, and securities fraud. During her years as a prosecutor, Ms. Imes had a dozen trials and argued as many appeals in the U.S. Court of Appeals for the Second Circuit.

Ms. Imes has been in private practice since 1989 and has tried cases in federal court, before regulators, and to mediators. Ms. Imes has represented individuals and corporations in investigations and prosecutions by the U.S. Attorney's Office, the Securities and Exchange Commission, FINRA (formerly the New York Stock Exchange and NASD), the New York State Attorney General's Office, the District Attorney's Office, the Financial Crisis Inquiry Commission, the United States Senate's Permanent Subcommittee on Investigations, the Federal Reserve, and other governmental and regulatory bodies. Ms. Imes' work frequently involves defending clients faced with more
than one investigation at a time, often combined with civil litigation. Since 2009, Ms. Imes has been named by Chambers & Partners as a Leader in the Field of White-Collar Crime & Government Investigations.

Ms. Imes has been involved in appellate advocacy since the beginning of her legal career, when she clerked on the U.S. Court of Appeals for the Third Circuit. While at the United States Attorney's Office, Ms. Imes served as Deputy Chief of Appeals. In private practice, Ms. Imes has briefed and argued numerous cases in the U.S. Court of Appeals for the Second Circuit, New York's Appellate Division, and the New York Court of Appeals. Most recently, in late 2011, she argued a Second Circuit appeal concerning the application of the Supreme Court's decision in Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (2010), which held that Section 10(b) of the Securities Exchange
Act of 1934 does not apply extraterritorially. Ms. Imes is a member of the Federal Bar Council, the Association of the Bar of the City of New York, and the City Bar's White Collar Criminal Law Committee. She is also a member of the Board of the New York Council of Defense Lawyers.


Michelle M. Burtis is an expert in antitrust, damage analysis and intellectual property matters. She has extensive experience in applying economic analysis to the competitive effects of mergers and joint ventures, alleged horizontal conduct such as price fixing and market allocation, and alleged claims of attempted monopolization including predation, exclusive dealing, tying, and bundled pricing. She also has analyzed various intellectual property issues, including damage claims. Her analysis has covered a wide range of industries including, for example, oil and gas, biotechnology, consumer products, computer software, and a number of service industries.

Dr. Burtis has served as an expert in federal and state courts and in arbitration proceedings on antitrust, intellectual property, class certification, breach of contract, business interference and misrepresentation issues. She has provided economic analyses related to the competitive effects of mergers to the Federal Trade Commission and Department of Justice in numerous industries. In addition, she has provided economic advice to companies in matters unrelated to litigation including advice on competitive business strategy as well as marketing issues.

Dr. Burtis has published articles on antitrust and intellectual property issues and has contributed to antitrust publications for the American Bar Association. She is a regular speaker on antitrust and other economic topics. She also has taught economics at both the undergraduate and graduate level.


Richard Taffet is a senior member of Bingham’s Litigation Area. Richard serves as lead counsel in a wide range of antitrust, intellectual property, and commercial litigation matters, including with respect to international competition law issues. He represents both U.S. and foreign-based clients involved in numerous industries such as communications, consumer electronics, telecommunications, pharmaceuticals, textiles, chemicals, software development, financial industries and publishing. Richard counsels clients in connection with protecting their intellectual property assets and the marketing and distribution of their products, and also represents clients before federal agencies, including the Department of Justice, the Federal Trade Commission, the United States Trade Representative and the Consumer Products Safety Commission.

Representing technology standards development organizations and standards development participants for more than 30 years, Richard has developed SDO patent and IPR policies, represented parties in connection with government and litigation proceedings involving standards-related patent and antitrust matters, and provided counseling regarding competitive and IPR issues in development of specific standards. Richard has formed and represented industry trade associations with the purpose of enforcing copyright and other IP rights worldwide and has developed international litigation strategy for enforcement of copyright and other IP rights.

Richard is a frequent speaker on intellectual property and antitrust issues and is a contributor to publications on these subjects. Noted in Chambers USA for his work at the intersection of IP and antitrust matters, clients value Richard’s “excellent strategic views and his ability to always think one step ahead.”


Tsvetan Beloreshki is a senior managing director in the FTI Consulting Forensic and Litigation Consulting segment and is based in New York. Mr. Beloreshki's practice is driven by his unique combination of economics expertise, strong quantitative skills, and vast marketplace experience as a trader in fixed income and credit derivative instruments and an active participant in the securities industry.

Mr. Beloreshki specializes in securities and financial economics, focusing on credit products, foreign exchange and commodities, derivative instruments, and structured finance. He has been qualified at arbitration hearings and at trial as an expert in financial economics, securities markets, structured finance, financial engineering, securities valuation, market microstructure, suitability, due diligence, document spoliation, and industry customs and practices.

Mr. Beloreshki has provided economic consulting and dispute resolution/litigation services in cases involving the valuation of fixed income securities, mortgage-backed securities, collateralized mortgage obligations, collateralized debt obligations, auction-rate securities, and other structured finance products. He has worked on analyses of liability and damages in commercial and broker/dealer disputes, claims of market manipulation, and lawsuits relating to hedge funds, banking, and real estate investment, as well as litigation cases involving, among others, complex financial and tax structures and derivative securities, equity, hybrid and credit derivatives, convertible securities, foreign exchange, fixed income instruments, hedge funds characteristics and performance, and the effects of financial crises on market performance and liquidity.

Prior to his consulting career, Mr. Beloreshki was a member of Banque Paribas' Structured Products and Credit Derivatives team in London and New York. In his role as a trader, he analyzed the credits and made markets in sovereign and corporate bonds as well as in an array of credit derivative instruments. In addition to his responsibilities related to the active trading and risk management of a book of complex debt instruments, Mr. Beloreshki was responsible for developing methodologies used in the identification of credit and cross-currency arbitrage opportunities as well as in relative value trading across the spectrum of fixed income instruments, asset swaps and credit derivatives markets.  Mr. Beloreshki held a National Association of Securities Dealers General Securities Representative license (Series 7).

Mr. Beloreshki has also worked with a diverse base of banking institutions in the United States, Canada and Great Britain in establishing and maintaining a proprietary software system dealing with asset-liability management in the context of portfolios of mortgage-backed securities and collateralized mortgage obligations.

Mr. Beloreshki has published articles and working papers in the areas of fixed income securities valuation, comparative analyses of the major rating agencies' methodologies with respect to modeling credit in the context of structured finance products, as well as on various liabilities and damages issues related to the litigation of fixed income instruments, hybrid derivatives, and structured finance products. He has presented at a number of seminars and conferences on topics ranging from the economics and valuation of derivative securities and structured finance products to financial economic issues as these relate to various aspects of securities litigation.

Education
MBA in Econometrics, University of Chicago Graduate School of Business
B.A. in Economics, University of Chicago


Celeste Coco-Ewing is a member in the firm, and serves as chair of the products liability and toxic tort practice group. She practices in all aspects of complex litigation, with a particular focus on defense of national products liability litigation and defense of insurers. Celeste has been recognized by Best Lawyers in the fields of Environmental Litigation and Mass Tort Litigation, by Benchmark Litigation as a “Future Star," by Louisiana Super Lawyers as one of the top 25 women lawyers in the State, and by New Orleans CityBusiness as a leading lawyer in the city. She is AV® Preeminent™ Peer Review Rated in Martindale-Hubbell.

Celeste serves on the Executive Committee of the Board of Directors of the New Orleans Federal Bar Association and as Editor-in-Chief of the Newsletter of Commercial & Business Litigation Committee of the American Bar Association. In 2014, she was appointed by the Louisiana Supreme Court to serve a 5 year term on the Committee on Bar Admissions, Character and Fitness Panel. Celeste is a Fellow of the Litigation Counsel of America. She is an adjunct professor of Trial Advocacy and of Civil Litigation “Boot Camp” at Tulane Law School.  She currently chairs the Board of Directors of KIDsmART, a non-profit organization dedicated to educating children through the arts.

Celeste dedicates time to pro bono matters. She is on the Board of Directors for Louisiana Appleseed, and is a past recipient of the Good Apple Award for her pro bono work on a project to ensure homeless children have access to public schools. She recently secured dismissal of a lawsuit against a non-profit organization through the New Orleans Pro Bono Project.

PRACTICE AREAS

  • Class Actions and Complex Litigation
  • Insurance Coverage and Bad Faith
  • Securities Litigation and Regulation
  • Environmental
  • Product Liability and Toxic Tort

NOTABLE REPRESENTATIONS

  • Trial counsel for medical device manufacturer in two federal multi-district litigations and a consolidated Illinois state-court proceeding involving two separate hip implants.Obtained a defense verdict in Illinois state consolidated proceeding following five week jury trial.Selected as trial counsel for first bellwether case in the MDL.Obtained a defense verdict in first bellwether trial in second MDL on a different hip implant following eight week jury trial.
  • Successful defense of consortium of welding manufacturers in multi-district litigation and state court proceedings resulting in complete defense verdicts in five jury trials, including a four-plaintiff jury trial in Civil District Court for Orleans Parish and four jury trials in federal court in Cleveland and Akron, Ohio.
  • Defense of excess insurer in bad faith litigation arising out of BP litigation.
  • Defense of insurer in putative class-action, coverage litigation in Missouri state court resulting in plaintiffs’ dismissal of the action.
  • Defense of foreign mutual insurer of energy assets in litigation over a salt dome fracture and resulting in gas release involving hundreds of millions in alleged damages.

EDUCATION

  • Tulane University Law School, J.D. Summa Cum Laude, 1997
  • Tulane University, B.A., 1990

EXPERIENCE

  • Barrasso Usdin Kupperman Freeman & Sarver, L.L.C.
  • Stone Pigman Walther Wittman, L.L.C.
  • Legislative Staff, Senator John Breaux

CLERKSHIP

  • Law Clerk to the Honorable James L. Dennis, United States Court of Appeals for the Fifth Circuit


Jessie F. Beeber is a partner of the firm and a member of the Intellectual Property and Litigation Groups. Her practice focuses on intellectual property litigation and counseling, including copyright, trademark, false advertising, defamation and Internet infringement issues. She has been named a New York-area “Super Lawyer” for Intellectual Property Litigation by Law and Politics magazine five times.

Ms. Beeber has handled numerous intellectual property litigations, including false advertising disputes for major brands. She is currently defending the manufacturer of a leading cat litter product in a false advertising suit brought by one of its competitors. She has also defended the author and publisher of the renowned Harry Potter books against claims of trademark and copyright infringement; represented a major insurance company in a dispute with MP3.com regarding coverage for copyright infringement claims; represented the successors to Margaret Mitchell in their controversial copyright case against the author and publisher of The Wind Done Gone, an alleged parody of Gone With the Wind; and represented the author and publisher of 60 Years Later: Coming
Through the Rye
against a copyright infringement claim brought by J.D. Salinger. She has also successfully litigated numerous domain name disputes, and has brought and defended advertising challenges before the National Advertising Division of the Council of Better Business Bureaus.

Ms. Beeber has also litigated many disputes in the commercial arena, including a major breach of warranty and fraud claim brought on behalf of Tribune Entertainment Company against Marvel Enterprises, Inc., regarding rights in the television series Mutant X.

Ms. Beeber is co-editor of Entertainment Law Matters (www.entertainmentlawmatters.com), a Frankfurt Kurnit blog about disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries. Ms. Beeber has lectured and written on a variety of intellectual property topics.

Ms. Beeber is a graduate of Cornell University, with a B.A. in English, and of Cornell Law School, where she was a Note Editor of the Cornell Law Review.


Kenneth I. Schacter is an experienced trial lawyer who handles a broad range of civil and white collar criminal matters. His practice emphasizes securities litigation; complex criminal, antitrust and civil RICO matters; SEC proceedings; intellectual property litigation; and other business litigation. Ken has trial experience before juries, judges and arbitration panels throughout the United States. He has tried more than 30 cases to verdict or award and has also argued dozens of appeals.

Ken gained valuable experience as an Assistant U.S. Attorney for the Southern District of New York, handling many groundbreaking insider trading cases, including the so-called “Yuppie Five” case and major prosecutions of other corporate insiders. While an Assistant U.S. Attorney, Ken also investigated and prosecuted cases involving financial frauds, tax evasion, official corruption, arms smuggling and terrorism.


Blair Connelly is a partner in the New York office of Latham & Watkins, where he focuses his practice on M&A litigation, securities litigation and corporate governance. Mr. Connelly has represented issuers, financial institutions, boards of directors and individuals in numerous high-profile securities, merger and takeover disputes and indemnity claims, and has had extensive involvement in large, complex internal investigations, derivative actions, class action lawsuits and SEC investigations. Mr. Connelly also has experience in complex insurance coverage and professional liability litigation. Mr. Connelly was recognized as a top litigator by Super Lawyers in 2006, 2007, 2008 and 2013.

Mr. Connelly received his JD from Georgetown University Law Center and his BA from Georgetown University. He is qualified to practice in New York and California.


David Cohen has spent more than 15 years at the intersection of science, medicine, and the law. He has held lead science counsel positions in mass tort and individual lawsuits alleging personal injury, product liability, and theft of trade secrets. Most frequently, Mr. Cohen helps clients formulate medical defense strategies to rebut allegations of disease diagnosis and causation. He has led challenges to the admissibility of expert witness opinion testimony, culminating in courtroom roles at Daubert, Frye, and Havner proceedings.

Mr. Cohen is pragmatic, efficient, and versatile. In some cases, he handles the science of the case alone, while in others he collaborates with cocounsel in federal multidistrict litigations and state court actions. Regardless of the size or complexity of the matter, Mr. Cohen works closely with clients to develop and deploy effective, sciencebased resources. He maintains relationships with leading research institutions and medical schools from which he is able to retain expert witnesses for consulting and testifying.

During his career, Mr. Cohen has crossexamined more than 90 doctors, scientists, and other witnesses with technical knowledge. His experience spans many disciplines in medicine and science, including: epidemiology, neuroscience, pathology, toxicology, pharmacology, radiology, neurology, cardiology, pulmonology, and cancer.

Mr. Cohen also advises clients on policies and procedures to reduce litigation risk. He lectures at Continuing Legal Education seminars, where he demonstrates techniques of effective expert witness examination. Mr. Cohen has addressed industry groups in South Korea and in South Africa on mass tort litigation in the United States.

Mr. Cohen served as a law clerk for two years to Federal District Court Judge D. Brook Bartlett in the Western District of Missouri at Kansas City

Publications

  • “Battle Of The ‘Experts’: Daubert And Milward,” Product Liability Law360 and Appellate Law360, January 2012
  • “Tiptoeing Through Mass Tort Litigation,” Risk Management Magazine, April 2001 (coauthor)


Education and Honors

J.D., Fordham University School of Law, 1986
B.A. (magna cum laude), Union College, 1983
London School of Economics and Political Science, 1981
La Sorbonne, 1982

Recommended in The Legal 500 U.S., 2013
Recognized as a New York Super Lawyer, 2009 2012
Listed in The Best Lawyers in America, 2012 2013