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Taking and Defending Depositions 2013


Speaker(s): Carla S. Mulhern, David G. Keyko, Denise L. Plunkett, Gerald A. Stein, Hillary Richard, Jack G. Stern, James H.R. Windels, James S. Goddard, Kimo S. Peluso, Lauren E. Aguiar, Lori L. Pines, Michael A. Paskin, Partha P. Chattoraj, Roger Juan Maldonado
Recorded on: Mar. 12, 2013
PLI Program #: 43089

Jack G. Stern is a partner in the New York City office of Boies, Schiller & Flexner LLP.  His main practice area is complex commercial litigation, focusing on nationwide antitrust and securities matters as well as complex bankruptcy litigation. Mr. Stern has represented major manufacturers and leading financial services companies in several nationwide antitrust matters. Mr. Stern has also represented a prominent investment bank in a protracted bankruptcy court trial arising out of the September 2008 economic crisis.


Kimo S. Peluso is a litigation partner in the New York office of Manatt, Phelps & Phillips, LLP.  Mr. Peluso's practice focuses on complex commercial litigation. He has extensive experience handing lawsuits arising from business and partnership disputes, government contracts, false advertising and unfair competition. Mr. Peluso is a regular lecturer on depositions and witness preparation. He has handled numerous trials and other hearings in state and federal courts and in arbitration, and has prepared witnesses for testimony in court, in administrative proceedings, and before the U.S. Congress. He holds a J.D. from Harvard Law School where he was the managing editor of the Harvard Law Review. Mr. Peluso served as a law clerk to the Honorable Amalya L. Kearse, U.S. Court of Appeals for the Second Circuit.


Michael A. Paskin is a partner in Cravath's Litigation Department. He has a broad commercial litigation practice, which in recent years has focused on the representation of financial institutions and other corporations in securities, bankruptcy and antitrust cases.  In addition, Mr. Paskin has extensive experience representing corporations and boards of directors in connection with internal investigations and external investigations by the SEC, DOJ and other governmental agencies. 

Mr. Paskin is currently one of the Cravath partners serving as national coordinating counsel for JPMorgan Chase & Co. ("JPMC") and related entities (including former affiliates of Washington Mutual Bank and Bear Stearns) in connection with litigation in Federal and state courts across the country related to residential mortgage-backed securities ("RMBS").  As part of that work, in the In re Washington Mutual Mortgage Backed Securities Litigation Mr. Paskin successfully defeated plaintiffs' efforts to add JPMC as a defendant and argued on behalf of the WaMu defendants in obtaining one of a handful of decisions limiting RMBS class claims based on tranche-level standing.

Mr. Paskin is also currently representing another major international financial institution in connection with RMBS litigation issues.

In bankruptcy litigation, Mr. Paskin is currently representing Credit Suisse AG and several of its U.S. and non-U.S. subsidiaries, as creditors, in connection with the Lehman Brothers Chapter 11 bankruptcy. Also, in connection with the Tribune Company bankruptcy, Mr. Paskin is representing funds managed by Dimensional Fund Advisors that have been named as defendants in multiple proceedings to recover, as fraudulent transfers, payments received by shareholders in connection with the failed leveraged buyout of Tribune in 2007.

In 2012, Mr. Paskin was recognized by The Legal 500 for his work in financial services litigation and corporate restructuring litigation.

Mr. Paskin was born in Philadelphia, Pennsylvania. He received a B.A. cum laude from the University of Pennsylvania in 1992, and a J.D. from Fordham School of Law in 1995, where he was a member of the Law Review. Following graduation, Mr. Paskin served as law clerk to Hon. Paul J. Kelly, Jr. of the U.S. Court of Appeals for the Tenth Circuit. He joined Cravath in 1996 and became a partner in 2003.


Carla S. Mulhern specializes in the application of economic principles to issues arising in complex business litigation. She has served as an expert witness on damages issues in commercial litigation matters, including intellectual property and breach of contract cases. Her intellectual property damages experience spans cases involving allegations of patent, copyright, and trademark infringement as well as misappropriation of trade secrets. She has assisted clients in a variety of industries including pharmaceuticals, medical devices, automotive, entertainment, consumer products, computer hardware and software, and semiconductors.  In non-litigation matters, Ms. Mulhern has assisted clients in valuing intellectual property and other business assets in the context of strategic alliances and joint ventures.  She is a member of the American Economic Association and the Licensing Executives Society and is a frequent writer and speaker on issues related to intellectual property valuation and damages assessment.

 


David Keyko is a partner in the law firm's Litigation practice and is located in the New York office. His practice has focused on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities or other types of fraud, antitrust violations, ethics issues and trusts and estates issues across the country, often involving insurance coverage issues. He has conducted internal investigations and represented clients responding to government probes. He has also served as an expert witness in connection with legal malpractice litigation. Among the prominent cases Mr. Keyko has handled was the representation of a defendant in a $1.4 billion antitrust lawsuit.

Mr. Keyko was named the "New York City Best Lawyers Ethics and Professional Responsibility Law Lawyer of the Year" for 2012, 2017 and 2019. He has lectured and written widely on securities, antitrust, legal ethics and general litigation topics, and chairs PLI's programs on federal pretrial practice and ethics for corporate lawyers. He is a former columnist for the New York Law Journal and has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal.

Mr. Keyko has undertaken a variety of pro bono projects, including representing for over 20 years a death row inmate in Alabama asserting that the inmate is innocent of the crime for which he was convicted, serving as Chair of the Board of  Mobilization for Justice Legal Services, Inc., and serving two terms as a member of the Departmental Disciplinary Committee of the First Department. He was Chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York. He chaired the ad hoc committee of the Association that commented on proposed SEC regulations under Section 307 of the Sarbanes-Oxley Act of 2002. He is currently the chair of the Association's Legal Referral Service Committee and is a member of the ABA Legal Referral and Information Service Committee.

Mr. Keyko is a member of Pillsbury's Sarbanes-Oxley Committee, Opinions Committee and Professional Responsibility Committee. He is an adjunct professor at the Fordham University School of Law where he teaches legal ethics.


Gerald A. Stein is a Senior Counsel in the Antitrust and Competition Group in Norton Rose Fulbright’s New York office.  Gerald’s comprehensive career as an antitrust litigator and a government enforcer enables him to represent and counsel clients in a full array of antitrust matters including state and federal litigation, class action and multidistrict litigation, merger and acquisition antitrust analysis, counseling, compliance, government investigations and enforcement proceedings in a wide variety of industries.

Gerald is a senior-level litigator with nearly twenty-five years of litigation and counseling experience.  Before joining our firm's Antitrust and Competition Practice Group, Gerald was an attorney with the Bureau of Competition at the Federal Trade Commission for more than eight years, where he investigated and litigated a variety of antitrust matters including mergers and acquisitions and anticompetitive conduct.  Prior to that, while in private practice at other prominent law firms, he represented major corporations in all aspects of private antitrust actions (including class actions and multidistrict litigation) involving alleged violations of Sherman Act Sections 1 and 2 regarding claims of price fixing, monopolization, boycotts, refusals to deal, and unfair and deceptive trade practices in various industries, including industrial chemicals, industrial ventilation systems, rental cars, air cargo, airline passengers, automotive filters and healthcare.  He has significant experience developing factual defenses, drafting and arguing motions, working with expert economists and taking depositions.

Gerald was a panelist in this Program beginning in 2009 and has chaired it since 2013.

Gerald earned his B.A. degree from Tufts University and his J.D., cum laude, from Pace University School of Law.


James S. Goddard is a Director and Associate General Counsel with Citi f/k/a Citigroup in New York, NY, and has been a senior litigation attorney with Citi’s predecessors-in-interest, beginning with Shearson Lehman Brothers in 1991.  Mr. Goddard’s practice focuses on banking, securities, commercial and residential realty, intellectual property, technology, abandoned property and general commercial transactions.  His litigation experience includes jury and bench trials in state and federal courts, as well as arbitrations in several forums.

Prior to joining Shearson Lehman Brothers, Mr. Goddard was a litigation associate with Davis Polk & Wardwell, Edwards & Angell and Coudert Brothers.  Mr. Goddard served as Law Clerk to the Honorable William H. Timbers, U.S. Court of Appeals for the Second Circuit.


Partha Chattoraj has broad experience counseling and litigating on behalf of business clients.  A seasoned litigator, Mr. Chattoraj has litigated and tried intellectual property and general commercial cases, appeals, arbitrations, and mediations, including copyright, trademark, trade secret, non-competition, and debt and equity fraud and contract matters.  As a trial lawyer and as appellate counsel, he has represented some of the largest companies in the world in federal and state courts and arbitrations around the country.

After graduating from Harvard College and earning a master’s degree in literature from Yale University, Mr. Chattoraj graduated from the Yale Law School, where he was Articles Editor of the Yale Law Journal and Executive Editor of the Yale Journal of Law & the Humanities.  Mr. Chattoraj began his legal career by clerking for the Honorable Jon O. Newman, of the United States Court of Appeals for the Second Circuit.  After his clerkship, Mr. Chattoraj was associated with Wachtell, Lipton, Rosen & Katz.  Mr. Chattoraj was of counsel in the New York offices of Quinn Emanuel Urquhart & Sullivan LLP before joining Allegaert Berger & Vogel, LLP, a litigation boutique firm focusing on securities, commercial, and intellectual property disputes, as a partner.

Mr. Chattoraj is a member of the Federal Bar Council Second Circuit Courts Committee and the New York City Bar Association’s Federal Courts Committee and Council on Judicial Administration. He has been a Continuing Legal Education panelist on depositions, trial practice, and legal ethics for the New York City Bar Association, the New York State Bar Association, the Practising Law Institute, and in-house legal departments.


Denise L. Plunkett is a partner in Ballard Spahr’s Antitrust and Consumer Financial Services Litigation practice groups.  She is Co-Managing Partner of Ballard’s New York office, Co-Leader of the firm’s Payment Systems industry group and a Co-Chair of Ballard Women. 

Ms. Plunkett has over 25 years of high stakes litigation experience.  She currently focuses her practice on antitrust and business litigation in the payment card, financial services, and pharmaceutical industries.  She has successfully defended an impressive array of claims, ranging from alleged violations of antitrust laws and consumer protection statutes to business torts and common law claims.  She also represents corporate clients as plaintiffs in significant loss recovery matters.  Her experience includes jury trials and appeals, and she has litigated in state and federal courts across the country. 


For more than 20 years, Hillary Richard has been handling major commercial and securities disputes in federal and state courts across the country and in arbitrations. She has been recognized as one of Manhattan's top lawyers in business litigation and securities litigation by Super Lawyers. Ms. Richard is Martindale-Hubbell AV® Rated Preeminent and was named in the 2012 Guide to the World's Leading Women in Business Law as an outstanding practitioner in Litigation.

Ms. Richard is known as a fierce litigator and forceful advocate who does what it takes to achieve the best outcome for her clients. Federal judges have stated that Ms. Richard produces "first-rate work," provides "extraordinarily strong legal representation," and is "tenacious, well-organized, and skillful counsel."  Ms. Richard also regularly advises clients on business and strategic decisions in an effort to resolve disputes short of litigation. Ms. Richard is particularly skilled at representing financial institutions in complex financing matters. Her clients include hedge funds, private equity funds, commercial banks, investment firms, broker-dealers and insurance companies. Ms. Richard's cases have included securities fraud, breach of contract, breach of fiduciary duty, trade secret and successor liability claims. She practices in federal and state court across the country and before the SEC, FINRA, and other tribunals.

In 1998, Ms. Richard received the 1998 Women of Power and Influence Award from the National Organization for Women, New York City. In 2001, she was profiled in New York Magazine as one of New York City's top young lawyers. From 2004-2007, Ms. Richard served as the Associate Justice for the Village of Saltaire. From 2007-2011, Ms. Richard served as a Trustee of the Village of Saltaire. Ms. Richard is on the Board of Trustees of the Brooklyn Youth Chorus.

Ms. Richard graduated from Fordham University, summa cum laude, and from Harvard Law School cum laude.


Lauren E. Aguiar is a litigation Partner at Skadden, Arps, Slate, Meagher & Flom LLP, where she represents clients in federal and state court business litigation.  Her diverse practice focuses on complex, high-profile cases and trials involving a wide range of commercial matters including false advertising, copyright, trade secret, breach of contract, fraud and fiduciary duty litigation, joint venture and partnership disputes, and shareholder class actions.  Ms. Aguiar is the Chairperson of the Skadden Foundation, which runs the Skadden Fellowship Program.  She serves on the Board of Directors and the Executive Committee of New York Lawyers for the Public Interest.  She is a member of the Board of Directors of Covenant House International, a shelter in the U.S. and Central America for homeless and trafficked youth.  She also serves on the Board of Directors of Access to Justice Lab at Harvard Law School.  Ms. Aguiar received her B.A. magna cum laude and Phi Beta Kappa from Connecticut College, and her J.D. from New York University School of Law, where she was the Managing Editor of the Annual Survey of American Law.  She was selected for inclusion in Chambers USA 2015 - 2018, and was shortlisted by Chambers for its Pro Bono Lawyer of the Year award in 2016.  She also is a fellow in the Litigation Counsel of America (an invitation-only trial lawyer honorary society) and was named a Rising Star in the 2016 - 2018 editions of Benchmark Litigation.  She speaks and writes frequently on issues related to civil litigation and trial practice, including at the Practicing Law Institute, the New York State Bar Association, and the New York City Bar.


James H.R. Windels is a member of Davis Polk & Wardwell’s Litigation Department. Since joining Davis Polk in 1990 he has had wide experience in a variety of federal and state court commercial litigation matters, international arbitrations, regulatory enforcement proceedings, and internal investigations.

Mr. Windels’ matters include securities cases relating to public offerings and underwritings, sales and trading, asset management, mutual funds, private equity transactions and accounting matters. He has represented companies and accounting firms in internal investigations, bidders and targets in mergers and acquisitions litigation, and financial institutions and manufacturers in federal and state antitrust actions. He has also represented financial institutions and accounting firms in investigations and proceedings before the Securities and Exchange Commission, the Federal Reserve Bank, the Commodity Futures Trading Commission, the New York Stock Exchange, federal and state criminal authorities, and local regulators in Europe and Asia.

Mr. Windels joined Davis Polk in 1990, became a partner in 1997, and served as practice group coordinator of the Litigation Department from 2006-11. He clerked for the Honorable Peter K. Leisure, U.S. District Court for the Southern District of New York, from 1989-90. He is Chair of the Board of Directors of Volunteers of Legal Services and previously served as a member of the Executive Committee of the Association of the Bar of the City of New York and Chair of the Board of Directors of Brooklyn Legal Services Corporation A.


Lori L. Pines is a Litigation partner in Weil’s New York office, where she heads the Firm’s False Claims Act/Qui Tam practice and is a member of the Complex Commercial Litigation group. Ms. Pines has played a central role in managing the defense of some of the nation’s most complex and public disputes, including one of the largest class action/multi-district litigation proceedings.

Ms. Pines has litigated cases spanning a broad range of substantive areas on behalf of major clients in numerous industries, including life sciences, managed care, telecommunications, energy, commercial power, professional services, publishing, and manufacturing. In addition, Ms. Pines has substantial experience representing clients in cases involving the False Claims Act. Over the course of her career, Ms. Pines has been involved in a number of lengthy, complex jury trials in both state and federal court. She has also handled numerous government agency investigations and employment disputes, as well as all aspects of many important settlements.

Ms. Pines also has extensive arbitration experience. She has handled many disputes before the American Arbitration Association (“AAA”), and played a significant role in coordinating the defense of one of the largest International Chamber of Commerce (“ICC”) arbitrations to date. Ms. Pines’ advice regarding how to streamline arbitration proceedings to make them more efficient and effective has been sought, and published, by the AAA.

Recent notable experience includes:

  • Defending UnitedHealth Group in one of the first cases brought under the New York State FCA;
  • Representing the General Motors estate in an FCA suit brought against Allison Engine;
  • Defending Schindler Elevator in a qui tam action under the federal FCA; and
  • Serving as co-lead counsel for UnitedHealth in a major multi-district that challenged fundamental notions concerning the delivery of managed care in the US, and which sought billions of dollars in damages. Plaintiffs, purporting to represent a putative class of tens of millions of patient-subscribers, claimed that United misrepresented the scope of its health care coverage and interfered in the patient-physician relationship by discouraging physicians from imparting complete and accurate information to patient-subscribers. Working with defense counsel, Weil defeated plaintiffs’ motion to certify a class and ultimately obtained a very favorable settlement.
Ms. Pines has taught CLE-accredited classes on discovery techniques, document production, trial-preparation, and witness examination. She has also published numerous articles and book chapters on topics such as False Claims Act litigation, MDL strategies, expert retention, corporate depositions, and pleadings in complex cases, and she serves as editor of the Firm’s FCA Watch newsletter. She is a member of the American Bar Association and the Association of the Bar of the City of New York, where she serves as the Chair of the Committee on Women in the Legal Profession for a three-year term that began in September of 2013. She is also a member of the University of Texas School of Law’s Consortium for Advancing Women Lawyers. Ms. Pines is the Chair of the Firm's Litigation Training Program, a member of the Firm’s Women Attorney Task Force, a member of the Firm's Professional Development Committee, a Career Development Partner and an official Mentor to associates. She is also an Advisory Committee Member of the Sloane Hospital for Women at New York Presbyterian Hospital/Columbia University Medical Center.

Ms. Pines received her J.D. from New York University School of Law, where she was a teaching assistant in the Lawyering Program and a member of the Moot Court Editorial Board. She has a Masters in Public Affairs from Princeton University's Woodrow Wilson School of Public and International Affairs, and a B.A. in Biology from Harvard College, where she graduated with Honors.