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Expert Witness 2015


Speaker(s): Blair G. Connelly, Daniel L. Berger, Edward H. Rosenthal, Faten Sabry, Hon. Vincent L. Briccetti, Kenneth I. Schacter, Linda Imes, Mary Gail Gearns, Paul Hinton, William A. Isaacson
Recorded on: Jun. 29, 2015
PLI Program #: 58837

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.


William A. Isaacson

Since joining the firm at its inception in 1997, Bill Isaacson’s main practice areas have included complex commercial litigation, including plaintiff litigation and arbitration.

Global Competition Review writes that "Arguably no antitrust lawyer in recent memory has had as much success for both plaintiffs and defendants as Boies Schiller partner Bill Isaacson.”  Mr. Isaacson is a three time winner of The AmLaw Litigator of the Week (click here) (click here) (click here), and has been listed as one of the 500 leading lawyers in the U.S. by the publication Lawdragon (click here), and a Competition MVP and Titan of the Plaintiff Bar by Law360 (click here)(click here), and a Litigator of the Week by Global Competition Review (click here). Legal 500.com describes Mr. Isaacson as a “leader” at BSF “with many successes to his credit.” (click here).  In 2014, in O’Bannon v. NCAA, he won significant attention for his cross-examinations of NCAA witnesses. (click here). In 2014, Mr. Isaacson also served as co-lead trial counsel in a high profile antitrust case in the portable music industry, winning a defense verdict from the jury in a class action seeking $350M in damages before trebling.  Isaacson served as trial counsel in the first antitrust action against Chinese companies for cartel conduct relating to products sold in the United States, winning in 2013 a $162 million judgment, and $33 million from settling defendants.

In other examples, Mr. Isaacson has acted as trial counsel for plaintiffs in Animal Science Products v. Mitsui & Co. (D.D.C.), an international cartel case, resulting in a jury verdict for the class of $49.5 million (before trebling) (National Law Journal, August 4, 2003 p. 13) and In re Scrap Metal Antitrust Litigation (N.D. Ohio) winning a jury verdict of $11.5 million before trebling.  Mr. Isaacson also has acted as a Steering Committee Member in In re Vitamins Antitrust Litigation in which the firm uncovered an international conspiracy and represented purchasers of a range of vitamins in pursuing price fixing and market allocation claims ("Not Your Father's Class Action," National Law Journal, June 7, 1999, p.A5), resulting in an over $1 billion in settlements.    Among other cases, Mr. Isaacson represents Firm clients in In re TFT-LCD Antitrust Litigation and In re Cathode Ray Tube Antitrust Litigation and is currently colead counsel for the direct purchaser class in In re Municipal Derivatives Antitrust Litigation (S.D.N.Y.) and In re Polyurethane Foam Antitrust Litigation (N.D.Ohio).

In the field of arbitration, Legal 500 (click here) describes Isaacson as having a “brilliant knowledge of international arbitration.” For example, Mr. Isaacson has acted as lead counsel in proceedings in the Southern District of Texas and the Fifth Circuit to enforce an international arbitration award under the New York Convention resulting in a $261 million judgment which was affirmed on appeal.  Karaha Bodas Co., L.L.C. v. Perusahaan Pertambangan Minyak Dan Gas Bumi Negara, 364 F.3d 274 (5th Cir. 2004); American Lawyer, 2005 Arbitration Scorecard.  Mr. Isaacson also acted as lead trial counsel for Claimant Homestore v. AOL (AAA Arbitration/Washington D.C.) asserting claims for breach of contract arising out of an internet distribution agreement.   Following a two week trial and before a final award, the parties entered a settlement agreement restructuring the distribution agreement and terminating a $57 million payment due from Homestore and reducing future payments by $9 million per quarter (click here).  Mr. Isaacson has acted as trial counsel for Respondent in Marketing Company v. Telecommunications Company (AAA arbitration/ New York) in which Claimant was denied its request for $30 million in lost profits.

Mr. Isaacson also has acted as counsel in Worldspan v. Abacus (ICC Arbitration / London) (following a three week trial in 1999, a 300 page Award in August 2000 found for Claimant Worldspan on claims for fraud, breach of fiduciary duty, breach of contract, misappropriation of confidential information and conspiracy and awarded $39.5 million); Kuwait Oil Company & UK Oil Company v.  UK Oil Company et al. (LCIA Arbitration/London) (following an arbitration in London and Kuwait, an arbitration award in December 2000 affirmed Claimant's contractual equity interest in billion barrel oil fields at issue, and awarded fees and costs to Claimants); Shandling v. Grey (representing comedian Garry Shandling against his former manager for breach of fiduciary duty through to settlement following a decision denying a motion for summary adjudication, see "Shandling Claims Get New Life in a Stunning Reversal," Variety June 23, 1999, p. 1).

Mr. Isaacson is a member of the Board for Legal Counsel for the Elderly, the Advisory Board for the DC Volunteer Lawyers Project, and the Board of Trustees for the Field School in Washington DC.  His pro bono work was featured in an article in the Washington Post on June 10, 2010.  He is a member of the faculty of The Sedona Conference on Antitrust Law & Litigation. He has lectured at Georgetown University Law School and made presentations and conducted mock trials at ABA and IBA seminars and meetings.  Based on its own surveys, the publication Super Lawyers has listed Mr. Isaacson as a D.C. Super Lawyer and Best Lawyers has listed him as one of the best lawyers in Washington DC.

Selected Professional Awards and Associations

  • Global Competition Review 2014 Litigation of the Year – Non-Cartel Prosecution
  • Global Competition Review 2014 Litigation of the Year – Non-Cartel Defense

Publications

  • Antifederalism Revisited, 21 University of Toledo Law Review 147 (Fall 1989)

Related News

  • BSF Attorneys Recognized as Top Lawyers in 2014 Washington, D.C. Super Lawyers Magazine (2014 Washington, D.C. Super Lawyers)
  • Litigators of the Week: William Isaacson and Karen Dunn (AmLaw Litigation Daily)
  • Litigators of the Week: Bill Isaacson and Karen Dunn (GCR USA)
  • Titans Of The Plaintiffs Bar: Bill Isaacson (In The News)
  • O’Bannon v. NCAA: Judge Wilken rules for plaintiffs (In The News)
  • O’Bannon v. NCAA: Amateurism on trial (In The News)
  • Amateurism and the N.C.A.A. (In The News)
  • President Testifies for Five Hours at O’Bannon Trial (In The News)
  • NCAA Suffers Latest Blow with Revealing Emails Introduced as Evidence (In The News)
  • O’Bannon Trial: Former CBS President Backs Up NCAA (In The News)
  • 30-Year-Old Decision Could Serve as Template for NCAA Antitrust Case (In The News)
  • BSF Brings Constitutional Challenge to DC's Tax Lien Foreclosure Laws (09.24.2013)
  • 54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)
  • BSF Wins Historic Verdict in Antitrust Case against Chinese Vitamin C Cartel (03.14.2013)
  • The BSF Report: Spring 2013 (03.08.2013)
  • Six BSF Attorneys Named to New York's Peer-Reviewed "Best Lawyers" 2013 Edition (11.12.2012)
  • Unprecedented Settlement Reached in Antitrust Class Action against Chinese Producers of Vitamin C (06.27.2012)
  • National Law Journal Recognizes BSF's Successful Plaintiff Work on Behalf of Oracle and Others (October 3, 2011)
  • BSF Represents National Football League in Resolution of Labor Dispute with Players Association (07.27.2011)
  • Legal 500 Recognizes BSF for Antitrust, Mass Tort, and International Arbitration Work (June 1, 2011)
  • BSF Reaches Favorable Settlement for Plaintiffs for In re Scrap Metal (04.13.2011)
  • Eighteen BSF Attorneys Named 2011 Super Lawyers (Recognition)
  • BSF Retained As Litigation Counsel On Behalf of Bondholders of Failed Bank, Washington Mutual (May 25, 2010)
  • 12 Attorneys from Boies, Schiller & Flexner Named to Lawdragon 500 Leading Lawyers in America (05.18.2010)
  • BSF Achieves National and Individual Recognition in Peer-Reviewed "Best Lawyers" Rankings (05.01.2010)
  • Two BSF Attorneys Named 2010 Washington DC Super Lawyers (2010 Washington, DC Super Lawyers)
  • Firm Report: May 2009 (May 2009)
  • Two BSF Attorneys Named 2009 Washington, DC Super Lawyers (2009 Washington, DC Super Lawyers)
  • BSF Achieves $33 Million Settlement on Behalf of Class in Antitrust and Patent Case Concerning DNA Amplification (December 19, 2008)
  • Firm Report: July 2008 (07.28.2008)
  • Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)
  • Firm Report: July/August 2007 (Vol. 2, Issue II) (08.22.2007)
  • BSF Ranked as Leading Law Firm By Legal 500 (May 24, 2007)
  • The Lawdragon Leading Litigators: Boies, Schiller & Flexner Partners Receive Highest Ranking (2007)
  • Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)
  • Court Upholds $27 Million Treble-Damage Jury Award Won By BSF (10.01.2006)
  • Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)
  • Firm Report: March 2006 (Vol. 1, Issue I) (03.01.2006)
  • As China's Trade Clout Grows, So Do Price-Fixing Accusations (02.10.2006)


Daniel Berger is a director at Grant & Eisenhofer. Prior to joining the firm, Mr. Berger was a partner at two major plaintiffs’ class action firms in New York, including Bernstein Litowitz Berger & Grossmann (BLBG), where he had litigated complex securities and discrimination class actions for twenty two years.

Mr. Berger’s experience includes trying three 10b-5 securities class actions to jury verdicts, which are among very few such cases ever tried. He also served as principal lead counsel in many of the largest securities litigation cases in history, achieving successful recoveries for classes of investors in cases including In re JPMorgan Chase & Co. Securities Litigation ($150 million);   In re Merck Vytorin/Zetia Securities Litigation ($215 million); In re Cendant Corp. Securities Litigation ($3.3 billion); In re Lucent Technologies, Inc. Securities Litigation ($675 million); In re Bristol-Myers Squibb Securities Litigation ($300 million); In re Daimler Chrysler A.G. Securities Litigation ($300 million); In re Conseco, Inc. Securities Litigation ($120 million); In re Symbol Technologies Securities Litigation ($139 million); and In re OM Group Securities Litigation ($92 million).

Mr.  Berger  has  successfully  argued  several  appeals  that  made  new  law favorable to investors, including In re Suprema Specialties, Inc. Securities Litigation, 438 F.3d 256 (3d Cir. 2005); McCall v. Scott, 250 F.3d 997 (6th Cir. 2001) and Fine v. American Solar King Corp., 919 F.2d 290 (5th Cir. 1990.) In addition, Mr. Berger was lead class counsel in many important discrimination class actions,  in  particular  Roberts  v.  Texaco, Inc.,  where  he  represented African-American employees of Texaco and achieved the then largest settlement ($175 million) of a race discrimination class action.

Mr. Berger is a member of the faculty of Columbia University School of Law, where he is a Lecturer in Law.  He also serves on the Board of visitors of the Law School. Previously, Mr. Berger was a member of the Board of Managers of Haverford College from 2000-2003.  He serves as the Co-Chair of the Board of GO Project, a not-for profit organization that provides academic support for New York City public school students, and is a Member of the Board of Grace Church School in New York. He also serves on the Board of in Motion, Inc., a non-profit organization providing legal services to victims of domestic violence, and the Board of Madison Square Park Conservancy, a public-private partnership that operates and preserves one of New York City’s great parks.

Mr. Berger is a 1976 graduate from Haverford College, and graduated in 1979 from Columbia University School of Law.

Admissions:

New York, U.S. Court of Appeals for the 1st Circuit, U.S. Court of Appeals for the 2nd Circuit, U.S. Court of Appeals for the 3rd Circuit, U.S. Court of Appeals for the 6th Circuit, U.S. Court of Appeals for the 7th Circuit, U.S. Court of Appeals for the 9th Circuit, U.S. District Court for the Southern District of NY, U.S. District Court for the Eastern District of NY


Edward H. Rosenthal chairs the firm’s Intellectual Property and Litigation Groups. He focuses on intellectual property litigation, emphasizing trademark, copyright, right of publicity, advertising, privacy and publishing matters. His clients include businesses and individuals in the media, advertising, sports, and entertainment fields. Mr. Rosenthal is listed in Best Lawyers in America, Chambers USA America’s Leading Lawyers for Business, and The Legal 500, and he has been named a New York-area “Super Lawyer” for Intellectual Property and by Super Lawyers magazine for eight consecutive years. He is also a certified mediator. Mr. Rosenthal was named one of 19 “Topflight IP Attorneys” in the 2013 Client Service All-Stars Report by BTI Consulting Group.

Mr. Rosenthal also has substantial involvement in issues relating to trademark prosecution and enforcement, representing numerous businesses and individuals in protecting and enforcing their intellectual property. He also represents the estates of deceased celebrities, including Humphrey Bogart, and handles licensing work for the estate and other celebrities and companies.

Mr. Rosenthal represented The Authors Guild and a number of other authors’ rights associations and individuals in suits against Google and the HathiTrust arising out of Google’s mass book digitization and orphan works programs. He defended Fredrik Colting, author of 60 Years Later: Coming Through the Rye, and his U.S. distributor, in a lawsuit brought by J.D. Salinger alleging copyright infringement. Mr. Rosenthal also successfully defended J.K. Rowling and Scholastic Inc., the author and publisher of the Harry Potter books, against claims of copyright and trademark infringement.

Mr. Rosenthal has written and lectured extensively on a wide variety of intellectual property topics. He is a regular presenter to the Practicing Law Institute on the Right of Publicity, and has participated in numerous panels on trademark and copyright law. He was co-editor of Entertainment Law Matters , a blog focused on disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries. Mr. Rosenthal has also been active in the Copyright Society of the U.S.A. and the International Trademark Association. He serves as co-chair of the Committee on Publicity, Privacy and media of the New York State Bar Association’s Entertainment and Sports Law Committee and as a member of the Copyright Committee of the New York City Bar.

Prior to joining Frankfurt Kurnit Klein & Selz, Mr. Rosenthal served as a law clerk to Hon. Abraham D. Sofaer in the Southern District of New York and was associated with the New York law firm of Kramer Levin Naftalis & Frankel. He was Adjunct Professor at Fordham Law School (Legal Writing, 1985-1986; Intellectual Property Drafting, 1996), and is a graduate of the University of Pennsylvania (BA, 1976) and Columbia University (JD, 1980), where he was Notes and Comments editor of The Columbia Law Review. He is admitted to practice in New York.


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.


Mary Gail Gearns is co-leader of the litigation practice in New York. Her practice includes all aspects of complex commercial litigation, with a focus on securities litigation and enforcement matters. Mary Gail regularly represents clients in investigations by the SEC, FINRA, state attorneys general, and various other regulators, and she has substantial experience conducting internal investigations, including whistleblower investigations.

Many of Mary Gail’s matters involve parallel proceedings by multiple regulators and follow-on civil litigation. Her clients include banks, broker-dealers, investment advisers, hedge funds, and other public and private companies, as well as members of their senior management. Several of her recent matters have concerned alleged disclosure fraud related to the sale and marketing of complex financial products and securities, market manipulation, insider trading, sales practice violations, false claims made to the government, violations of federal and state consumer protection statutes, and RICO violations. During her more than thirty years of practice, Mary Gail has litigated in federal and state courts throughout the country, including through trial and appeal, and she has handled numerous FINRA and other arbitrations through the issuance of the final award.

Mary Gail is a frequent author and lecturer on securities law issues and other topics related to her practice.


Vincent L. Briccetti was appointed a United States District Judge for the Southern District of New York by President Barack Obama in 2011.

Judge Briccetti graduated from Columbia College in 1976 and Fordham Law School in 1980.  At Fordham, he was Articles Editor of the Law Review.  Thereafter, he served as a law clerk to Judge John M. Cannella of the Southern District of New York.

Judge Briccetti served for five years as an Assistant United States Attorney in the Southern District, during which he tried a wide variety of criminal cases, received the Director’s Award for Superior Performance from the Executive Office of United States Attorneys, and served as Deputy Chief Appellate Attorney.

In 1992, Judge Briccetti founded his own law firm in White Plains, the focus of which was criminal defense.  He has lectured at numerous professional conferences on various subjects, including criminal law and procedure, ethics, the federal Sentencing Guidelines, the representation of controversial clients, and the “art” of cross-examination.

In 2011, Judge Briccetti received the David S. Michaels Award for Courageous Efforts in Promoting Integrity of the Criminal Justice System, from the New York State Bar Association.  He is also a recipient of the Governor Malcolm Wilson Distinguished Alumnus Award from the Fordham Law Alumni Association, Westchester-Putnam Chapter.


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.


Faten Sabry
NERA Economic Consulting

Dr. Sabry is a Senior Vice President in NERA’s Securities and Finance Practice and leads the firm’s Bankruptcy and Financial Distress Practice. She has provided expert testimony at trial in state and federal courts as well as at FINRA proceedings on econometric analysis of materiality, class certification, causation and damages. She has consulted on the valuation of fixed income securities, residential mortgage-backed securities, derivatives, illiquid assets, businesses and litigation settlements. Her research has been published in academic journals including the Journal of Structured Finance, the Journal of Investment Compliance, the Journal of Alternative Investments, Business Economics, and the International Trade Journal. Dr. Sabry is the lead author of an econometric study on the impact of securitization before and after the credit crisis for the American Securitization Forum. Dr. Sabry received her Ph.D. in Business from Stanford Business School and was awarded the J.M. Olin Graduate Fellowship, the Graduate School of Business Fellowship, and a Ford Foundation Fellowship. She has also been accredited as a professional statistician by the American Statistics Association.


Paul Hinton is a Principal of The Brattle Group located in New York City. He is a member of the Securities Practice and has testified as an expert on finance and economics in securities class actions, broker-customer disputes and commercial litigation.  His 20 years of experience in economic consulting most recently includes work on alleged market manipulation, insider trading in the Starr v. U.S., the Lehman securities litigation and the MF Global bankruptcy.  Topics of his recent publications include the lessons from the Halliburton II class cert decision and high frequency trading.