Wilson Elser Wilson Elser Moskowitz Edelman & Dicker LLP

Wemedia Volume 22 Issue 1, Spring/ Summer 2009 wilsonelser.com A letter from the Chairman… Face-off The situations were not atypical for battle- scarred veterans of Wilson Elser’s army of litiga- tors: one a complex medical malpractice case, the other a general liability action involving an automo- bile accident. In both instances, the defendants were represented by Wilson Elser, and the sophisti- cation and experience the firm brought to the table was well-known and admired by their adversaries in the courtroom. In deference to the legal machine they were up against, the opposing attor- neys recognized that with Wilson Elser involved, it would be “a much harder road ahead.” The only problem for Paul Karp (Partner-New York) and Rory L. Lubin (Partner-White Plains) was that at the time of each of these cases, they were sitting at the plaintiff ’s table. Though they now work for Wilson Elser, a firm known for its defense work, these two attorneys have extensive backgrounds Daniel J. McMahon Chairman of the Executive Committee as plaintiff lawyers. Continued on page 6 As many of you may know, I assumed the From ratings to rulings role of Chairman of the firm’s Executive Committee earlier this year. It is now my Broadcasting and practicing law may seem unre- pleasure to write this column that Tom lated but for a couple of Wilson Elser attorneys in the Wilson wrote for so many years. Los Angeles office, a background in broadcasting was In this issue, we highlight three groups of a dress rehearsal for their legal careers. Patricia Ann our attorneys who share common back- Golson (Partner-Los Angeles) worked as a television grounds. Paul Karp and Rory Lubin are exam- news anchor for five years in Virginia and Jacqueline ples of attorneys who brought their experi- J. Harding (Partner-Los Angeles) was an award-winning producer in ences on the other side of the aisle to their Chicago. practice as defense attorneys. Patricia Ann Continued on page 6 Golson and Jackie Harding were both suc- cessful in the broadcasting industry before coming to practice law. Bob Harrison, Adrian A few good men Gordon and Gary Gardner all graduated from the U.S. Naval Academy and had impressive Three Wilson Elser attorneys share a common military careers prior to becoming attorneys. bond whose hallmarks are honor, leadership and service to country. Whether you notice their class Also in this issue, we are proud to intro- ring, or see the memorabilia proudly displayed in duce 16 attorneys who were elevated to their respective offices, you will have no doubt that Partner this year. From offices all across the these attorneys are members of a prestigious group country, these new Partners represent the – alumni of the United States Naval Academy, also future of Wilson Elser, which indeed is very known as (The Academy, Annapolis, and USNA). bright. Robert W. Harrison (Partner-San Diego), the recently appointed I hope you enjoy these and the other arti- Managing Partner of the San Diego office, is the newest member of the trio of cles contained in this issue of Wemedia. I Partners who graduated from Annapolis. Bob joined Wilson Elser on May 1, welcome your comments and suggestions. 2008. Prior to coming on-board, Bob was naturally interested in gaining some insight into the firm and was pleased to find via the firms website two Wilson Elser Partners who were also graduates of the U.S. Naval Academy, Adrian J. Gordon (Partner-Philadelphia) and Gary A. Gardner (Partner-New York). Continued on page 2 2 Wemedia A few good men.... from page 1

The USNA is life includes a busy Western Pacific the undergraduate day-to-day agenda deployments and, college of the U.S. with little time for like Adrian, devel- Naval Service, leisure, particularly oped an interest in which includes the during plebe year. the law while serv- Navy and Marine Students start the ing as a command Corps. The excep- day as early as 5:30 legal officer in a col- tionally rigorous a.m. with fitness lateral duty assign- standards imposed workouts, special ment. He left active on all midshipmen instructions, and duty in 1978 in Robert W. Harrison distinguish them Gary A. Gardener meal formations. Adrian J. Gordon order to enter law from their contemporaries at even the most Then, they are off to their respective class- school at the University of San Diego, demanding of civilian institutions. Bob was es, followed by more training, athletics and where he subsequently received his J.D. confident that these fellow former midship- extracurricular activities. This structured Throughout his legal career until 1996 Bob men would give him the “straight skinny” to lifestyle is something that resonates with the served in the naval reserves ultimately hav- assist him in evaluating whether he would be graduates long after their days “where the ing the opportunity to serve as commanding a good fit at Wilson Elser. Severn River meets the Chesapeake Bay.” officer of two Naval Reserve Force ships before retiring as Captain. Graduates of Annapolis and their Adrian Gordon a 1967 graduate of the brethren at the nation’s other service acade- Academy, he continued his military service In his 27-year legal career, Bob has tried mies are recognized for their patriotism and by becoming a Marine Second Lieutenant more than 100 cases to jury verdict, primar- sacrifice, but also for their exceptional per- and completing The Basic School (TBS) ily in the areas of professional liability, prod- formance as leaders in both the military and before going on to train as a naval aviator uct liability and business litigation. Bob civilian worlds. Many have distinguished and pilot of CH-46 helicopters. His active says that after talking with both Gary and themselves in the legal profession. military career lasted nine years before he Adrian, he was excited about becoming a decided to pursue law. He notes that he had part of a team that, while big in numbers, A student’s first day at USNA in late considered law for some time as a profes- still offered a special close-knit, family-like June or early July typically involves a dra- sion during his time in the military and iden- environment. He says that his time at matic and harsh transition into military life. tified his service as a squadron legal officer USNA plays out daily in his organizational Along with that new life comes a new title, as the catalyst sparking his desire to attend skills, solid work ethic and willingness as a “plebe”, which designates first year stu- law school. mentor, to delegate authority to junior dents. Plebe Summer is definitely no trip to lawyers while always remaining cognizant of the beach. It is an up-before-dawn, all-day A graduate of George Washington his continued responsibility to clients and induction period that lasts for 10 long University School of Law, Adrian has gained the firm. weeks. The purpose of Plebe Summer is experience in the preparation and trial of not just to test each individual’s physical aircraft accident cases, including both avia- Gary Gardner also applies his educa- endurance, but also to demonstrate to the tion product liability and pilot and air traffic tion and experiences at USNA to his every- young men and women just how much controller error cases. His military service day life and career. After graduating from responsibility, courage and diligence will be as a Marine pilot and his shipboard experi- Annapolis in 1982 and being commissioned required of them in the years ahead as they ence as a midshipman at the Naval Academy as Ensign, Gary with his stellar academic are potentially called to lead others into have provided great insight into all aspects record and passion for aeronautics was an harm’s way. Upon the conclusion of Plebe of the aviation and maritime work that he excellent candidate for flight school. As a Summer, before their first academic year, does with Wilson Elser. He credits the dis- result he was assigned to Pensacola, Florida, the midshipmen fourth class, have hopeful- cipline instilled at the Academy with moti- where he spent the next two years in flight ly been given the foundation and strength to vating him to see even the most demanding training. While there, he studied aerody- meet the challenges ahead of them. assignment through to conclusion, with the namics, navigation, communications and objective of obtaining the best possible weather. No matter the background, chances are results for his clients. Adrian retired from a students life will be extremely different at Gary remembers the arduous “worst the military, with 23 years of service, as a USNA than anything that have experienced case scenario” test that all students endure Lieutenant Colonel, U.S. Marine Corps before. The standards at USNA are high, as before they take their first flight. This Reserve. each student is required to adhere to the entails a student being strapped into a school’s academic and military demands. Upon graduating from USNA in 1972, “Dilbert Dunker,” which was actually the With athletics being a priority, every mid- Bob was commissioned an ensign, USN. He frame of an old helicopter used to train shipman during all four years at the served two years as a surface warfare officer pilots on how to escape a submerged air- Academy is required to participate on at and then entered BUD/S (Basic UDT/Seal) craft. The helicopter is flipped upside down least an intramural level. A midshipmen’s Training. While on active duty he made four and dunked in water, after which the blind- 3

folded student needs to free them self. and a commercial airline pilot. Once Gary in him the values of honesty and integrity. Gary says that this test, among many others, experienced first-hand the rigors and He confidently feels that USNA has made is what helped him prepare to handle virtu- demands of a New York lawyer, he knew him an attorney, that can be trusted by his ally any obstacle that he might encounter how difficult it would be to pursue both clients. while flying. careers and have a family. He therefore Wilson Elser is pleased that these three decided his professional focus would have While in the Navy, Gary served as a P- individuals have found a professional home to remain on his legal career. 3 Orion pilot. The P-3 is a land-based air- with the firm. Not only do we honor them craft used for maritime patrol, reconnais- Gary retired from the Navy Reserve as for their service to our country, and recog- sance, anti-surface and anti-submarine war- a Lieutenant Commander. As with Adrian, nize them today as three tough, successful, fare. Following his service as a pilot in his knowledge and experience as a naval avi- honest and driven lawyers that take the active duty, he worked as a charter pilot. ator is a major factor in why he focuses on lessons they learned while at USNA and From there, he applied to law school. His aircraft/aeronautical litigation. Gary apply them to their everyday lives, both per- goal initially was a dual career as an attorney believes that his time at Annapolis instilled sonally and professionally. g Insights from our past....

Everyone eral he has written about this time period. dogged worker of today, he exercised his knows the law is rights. Kevin’s piece took a close look at more than codes and Porter’s trial in 1862-63 and its aftermath. As Kevin sees it, examining Porter’s the court room, that Porter was accused of disobeying an order long legal battle was worthwhile, as it is exists within the from Union General John Pope to attack afforded an opportunity to examine flaws context of history. the right flank of Confederate General within the justice system. “Almost all of the For Kevin C. Stonewall Jackson’s forces at Bull Run in elements revealed a very suspect proceeding Donovan (Partner- August of 1862, according to Kevin’s arti- in which power may have been used to New Jersey), one cle. Porter, himself a brigadier general of override what was just.” piece of American volunteer forces, felt such an attack was not history – the Civil Perhaps, is Porter had been a civilian in going to succeed since he was out-manned, Kevin C. Donovan War – he finds par- modern-day New Jersey, he would not have and the result would be suicide for his ticularly fascinating, and sees linkages to the had such a long struggle. Indeed, New troops. law he practices every day. Jersey’s employment laws tend to be favor- The resultant loss of the battle to the able to employees, Kevin says. He cites as Kevin heads New Jersey’s Employment Confederates was blamed on Porter, who an example the state’s “Worker Freedom Practice Group, working with Gregg S. was court-martialed and found guilty. from Employer Intimidation Act.” This law Kahn (Partner-New Jersey), Robert P. Dishonorably dismissed from service, prevents any employer from requiring an Lesko (Partner-New Jersey), Renee D. Porter spent many years trying to vindicate employee to attend employer-sponsored Paccione (Associate-New Jersey), and Julie himself. In 1879 his case was reviewed, but meetings, or participate in any communica- E. Von Bevern (Associate-New Jersey). it took until 1886 – two decades after the tion where the purpose is to express the Known as a state that has extensive employ- war ended – for his innocence to be estab- employer’s opinion regarding religious or ee protection laws, New Jersey is a hotbed lished. Though Porter was restored as an political matters. of employment law according to Kevin. army officer, he decided to be put on the Kevin says that employment law ebbs As such, it is not surprising the Civil retired list. and flows with current events involving pol- War trial of Fitz-John Porter, which essen- For Kevin, Porter’s story is not unlike a itics and the economy. For example, some tially had the elements of an employment dispute between an employer, in this case post-9/11 occurrences have impacted dispute, would be intriguing to Kevin. John the Union Army, and an employee, namely employment law by way of an increase in Porter was court-martialed for defying a Porter. Even in a trial by court-martial religious discrimination suits. Additionally, superior officer’s order at the Second Battle more than 100 years ago, Kevin can see ele- Kevin indicated that the Obama administra- of Bull Run. What caught Kevin’s interest ments of what he deals within his employ- tion’s support for labor may bring more the most was the back story behind Porters ment law practice today. focus on employer-empoyee issues. trial. After extensive research Kevin became an expert on the trial and historical “This is not unlike a case where an Having happened upon a Civil War context leading up to and following the employee disobeys a direct request from his trial, that due to the underlying issues, trial. boss, with the result being some kind of peaked Kevin’s interest and following loss for the employer,” said Kevin. And through with extensive research and analy- Based on his research, he penned the even in Porter’s day, there was recourse for sis, he has contributed to a better under- article, “Controversial Court-Martial of an “employee” who comes up on the short standing of our past. Kevin applies the Fitz-John Porter” which was published in end of such a dispute. There was a process same comprehensive approach to his mod- Columbiad, a journal featuring works by in place for Porter to have the decision of ern day representation of employers in academic authors and others with a scholar- the military tribunal overturned, and like a employment matters in New Jersey. g ly interest in the Civil War. This one of sev- 4 Wemedia Welcome Our 2009 Elevated Partners

Wilson Elser has elevated 16 Partners Christine A. Bernstock tion, she has defended products such as for 2009. The new Partners are residents in New York boats, marine items, machine tools, con- seven offices across the country from New struction equipment, saunas, electrical appli- York to Chicago to Los Angeles. They Christine focuses her prac- ances, lawn tractors, cables, electronic equip- focus their work in diverse practice areas tice on insurance defense lit- ment, rifles, medical devices and pharma- and represent clients across a broad array igation, including general ceuticals. Lorraine graduated from of industries. liability, automobile liability Manhattanville College and Pace University and product liability, with an emphasis on School of Law. The new Partners include Jason M. construction accidents. She has defended Kuzniar and Christian Novay in Chicago; national and international companies in Bernard Gehlhar Omar Galicia in Dallas; Jacqueline J. their capacity as owners and contractors in San Francisco Harding in Los Angeles; Shelly L. personal injury cases and in construction site Baldwin, Christine A. Bernstock, Bernard has wide-ranging litigation, as property owners and commercial Allison R. Graffeo, Dennis J. Pak, Bryan experience in both state and tenants in premises litigation, and as manu- T. Schwartz, and Na ncy V. Wright in federal trial and appellate facturers in product liability litigation. She has New York; Bernard Gehlhar in San courts, as well as in various litigated cases through trial in the state and Francisco; Jason R. Waters in Virginia; arbitration forums. His practice is focused federal court systems in New York. Christine Joseph C. Baiocco, Lorraine E.J. on a broad range of litigation, including the graduated from Colgate University and Gallagher, Jennifer S. Heitman, Joseph defense of professional liability matters and Quinnipiac University School of Law. A.H. McGovern in White Plains. the representation of insurance brokers, Omar Galicia third-party administrators, investment advi- Joseph C. Baiocco Dallas sors, securities broker-dealers, and others. White Plains Much of his past work has involved allega- Omar focuses his practice tions of breach of fiduciary duties, fraud, Joseph focuses his legal on counseling and repre- and allegations of vicarious liability for the practice on defending lead senting insurance compa- acts of employees and agents. Bernard grad- poisoning, toxic tort, nies in insurance coverage uated from the University of California at premises security and gener- disputes and bad faith litigation, with an Berkeley and Cornell Law School. al negligence lawsuits. Prior to joining the emphasis on complex, multiparty cases firm, he defended asbestos cases nationally involving high-dollar exposures. His experi- Allison R. Graffeo and tried criminal cases as an Assistant ence includes advising clients on policy New York District Attorney in Bronx County, New interpretation, coverage determinations, as Allison focuses her legal York. Throughout his career, he has written well as claim handling and claim resolution practice primarily on the articles in legal publications and delivered involving professional liability, commercial defense of medical mal- lectures to claims professionals. Joseph general liability, and directors and officer’s practice claims. Among her graduated from Bradley University and St. liability policies. He has handled a variety of clients are health care practitioners, major John’s University School of Law. litigation matters in various state and feder- New York hospitals, and health care facili- al courts, including coverage and extracon- ties. She handles all aspects of litigation, Shelly L. Baldwin tractual litigation, product liability, and tort from case inception to trial, and has been New York and contract litigation. Omar graduated involved in appellate practice. Allison gradu- from University of Texas in Austin and Shelly focuses her practice ated from the State University of New York Southern Methodist University School of Law. on the defense of health at Binghamton and Brooklyn Law School. care professionals and insti- Lorraine E.J. Gallagher tutions in medical malprac- Jacqueline J. Harding White Plains tice and negligence claims. She is responsi- Los Angeles ble for the day-to-day management of more Lorraine focuses her legal Jacqueline focuses on labor, than 50 cases. Her clients include hospitals, practice on product liability healthcare and business liti- medical laboratories, dialysis clinics and defense. She represents a gation, employment law, individual physicians. She deals with cases wide variety of domestic and product liability. She involving significant injuries and exposure, and foreign product manufacturers. She also provides employment law training on including brain damaged babies, amputa- works on coordinating national and interna- discrimination and harassment in the work- tions, wrongful death, cancers and signifi- tional litigation matters for a motorcycle place, and other related employment issues. cantly disabling injuries. Shelly graduated manufacturer, a cosmetics manufacturer and She represents clients in state and federal from State University of New York at a pool products manufacturer. She also courts, arbitrations, mediations, civil service Albany and State University of New York at coordinates the defense of product manu- commission hearings, EEOC/DFEH Buffalo Law School. facturers involved in asbestos cases. In addi- administrative hearings, and labor commis- 5

sion and OSHA hearings. She has litigated courts. His practice is concentrated in the Bryan T. Schwartz several class action lawsuits brought under fields of insurance law, contingent excess New York the Federal Labor Standards Act and prose- insurance coverage, general liability and per- cuted criminal cases for the Long Beach City sonal injury litigation, and appellate practice. Bryan focuses his practice Prosecutor’s Office. Jacqueline graduated He has tried civil actions in New York State on complex litigation in from the University of California at Los Supreme Court and has substantial motion New York state and federal Angeles, the University of Memphis, and practice experience, having won numerous courts. He represents clients Southern University School of Law. summary judgment motions on several high in construction, product liability and premis- exposure cases. Joseph graduated from State es liability litigation. His clients include Jennifer S. Heitman University of New York at New Paltz and building owners and contractors, manufac- White Plains Pace University School of Law. turers, product distributors, and owners and tenants of commercial and residential prop- Jennifer handles litigation Christian Novay erties. He has extensive experience in trans- matters involving general Chicago portation, including representing interstate liability, premises liability, trucking, ambulette and livery car compa- security guard liability, prod- Christian focuses on the nies. Bryan graduated from Concordia uct liability, construction accidents and defense of product liability, University and New York Law School. Labor Law claims. Her practice also includes general liability, trucking matters involving insurance coverage, and transportation litiga- Jason R. Waters specifically coverage analysis and litigation. tion, construction, professional liability, Virginia She represents contractors, municipalities, automobile negligence, and employment property owners and independent business- practices liability litigation. Throughout his Jason is an experienced trial es. She has also successfully defended clients career, he has tried cases in various courts attorney who practices in the against claims involving alleged violations of in Illinois and New York as lead counsel. areas of product liability, Title III of the Americans with Disabilities Among others, he obtained a defense ver- toxic tort and commercial lit- Act. Jennifer graduated from Colgate University dict for a law firm that failed to file a law- igation. He has extensive experience defend- and Hofstra University School of Law. suit within the statute of limitations period ing complex and catastrophic cases involving on behalf of a client who suffered perma- a wide variety of consumer and industrial Jason M. Kuzniar nently disabling injuries in an elevator mal- products. Admitted to practice in Virginia, Chicago function accident. He is a former Assistant Washington, D.C. and New York, he has han- District Attorney in New York, where he dled sophisticated matters in state and federal Jason has defended a wide tried numerous cases and achieved a courts. Jason graduated from the University of range of lawsuits and greater than 90 percent conviction rate. Missouri, Syracuse University- Maxwell claims. He has maintained a Christian graduated from Florida Southern School of Citizenship & Public Affairs, and primary concentration in College and Thomas M. Cooley Law Syracuse University College of Law. the areas of professional malpractice, prod- School. uct liability and complex commercial litiga- Nancy V. Wright tion. He has addressed issues of ERISA; Dennis J. Pak New York life, health and disability insurance; insur- New York ance coverage and bad faith litigation; fideli- Nancy focuses her practice ty bond and bank employee dishonesty; Dennis is a civil and com- on all aspects of employ- fiduciary liability; directors and officers lia- mercial practice litigator ment and labor law, includ- bility; state and federal consumer protection whose practice specializes ing harassment, discrimina- statutes, including the Fair Debt Collection in construction litigation tion, retaliation, FMLA leave, FLSA, Practices Act; construction negligence; and and associated contract and coverage ERISA, contract issues, and unfair labor personal injury defense. Jason graduated issues. He has prosecuted and defended practices. She has significant trail experience from Loyola University Chicago and commercial claims ranging from collection and has litigated hundreds of employment Chicago-Kent College of Law Illinois issues to breach of contract claims and law, labor law, personal injury, premises lia- Institute of Technology. has negotiated major construction con- bility and professional liability cases in state, tracts for the firm’s clients. He has repre- federal and administrative courts at both the Joseph A.H. McGovern sented owners of buildings, general con- trial and appellate levels. She served as a White Plains tractors, architects and subcontractors in plaintiff ’s attorney for more than seven Joseph has extensive experi- all aspects of construction and commer- years, litigation employment, labor, person- ence in litigating personal cial litigation. Dennis graduated from al injury, as well as complex product liabili- injury and general liability State University of New York at ty and premises liability cases. Nancy gradu- Binghamton and Fordham University ated from Audrey Cohen College of New cases in New York and School of Law. York and University of Texas at Austin. Connecticut, in both the state and federal 6 Wemedia

Face-off .... from page 1 last being with a small general practice were responsible for “everything from firm for which he ran the plaintiff ’s per- buying stamps to trying cases.” Working sonal injury program. This was where for Wilson Elser, a national firm with a Rory cut his teeth on the trial courtroom much greater scope of practice, took a environment. little getting used to. The biggest change according to Rory, however, was the In joining Wilson Elser, Rory’s main switch in the type of clients and subse- motivation was the switch from the plain- quent difference in attorney-client rela- tiff ’s bar to the defense, which presented tionships. Plaintiffs are typically more different experiences and new opportuni- inexperienced with litigation and less ties. Tired of such a volume-based prac- knowledgeable about the more technical Paul, who works solely on medical tice, Rory was looking to develop his details of the case than defendants. malpractice cases at Wilson Elser, began career and lend his experience to organi- While this gives plaintiff attorneys his career with five years in the Bronx zations and corporations for which he greater latitude in making decisions, the district attorney’s office, followed by two could handle cases that had individual responsibility falls squarely on their years practicing medical malpractice merit. shoulders. It is a one-way relationship, defense. For the next 13 years, however, Paul had similar career incentives to not a partnership. he represented plaintiffs in general and join Wilson Elser. His growing disinter- product liability matters for a firm in In contrast, defense counsel often est with general liability spurred him to Orange County, NY. He joined Wilson develop deeper, longer term relationships seek new opportunities. Although still Elser in November 2007. with their key clients while representing enjoying plaintiff product liability work, them in multiple cases. The best ones Rory’s practice at Wilson Elser also it involved substantial travel, and Paul did work with their clients using more of a includes medical malpractice, as well as not want to spend so much time away partnership approach, jointly developing general and product liability work. He from his family. strategies and discussing progress too held three different legal positions Both Paul and Rory came to Wilson throughout the case. Partnering with before joining Wilson Elser in 2001, the Elser from smaller firms, where attorneys

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Both Patricia With no on-air training, Patricia Ann’s the defense. Ann and Jackie agree first day was both scary and exciting. She Patricia’s practice at that their time in was in charge of filling 12 to 14 minutes of Wilson Elser focus- broadcasting is a real news each day for the half-hour show. es on litigation in asset to their legal Even though she went in front of the cam- the areas of careers, as communi- eras with no experience, she became a top- employment law, cation is the basis for ranked anchor in the market’s top 25 per- product liability, the practice of law. cent for ratings. “It was fun seeing your legal malpractice According to the name and face on the marquee and being a and real estate. Patricia A. Golson two attorneys, both public figure.” Jacqueline J. Harding Jackie, who law and broadcasting Since childhood, Patricia Ann had was an NBC-affiliated producer in Chicago, require you to perform well under pressure, three career aspirations to- be on television, has the distinction of being nominated for to prepare for whatever may be thrown teach, and practice law. So after a success- three Emmys and the winner of one for your way and to communicate a message by ful and rewarding run in broadcasting, it producing a weekly news program. She is a using the power of persuasion. was only natural to move on to her next true believer that the third time is the Patricia Ann began her broadcasting career venture, entering the field of educa- charm. “It was a real highlight, a very career by producing a magazine-style show tion. proud moment, and it says that I worked in Roanoke, Virginia and decided to market hard,” says Jackie. Earning that 6-pound While teaching, Patricia Ann attended it to a number of local stations. The NBC award was the result of years of struggles law school in the evening, eventually leav- affiliate WSLS10 watched her tape and that she says were well worth it. ing to become a lawyer. Initially she tapped thought she would be a good fit as their into the plaintiff side of employment law, Jackie’s interest in broadcasting goes news anchor. “What was I going to say? but after a year was persuaded to shift to back to her college days. After studying No?”, says Patricia Ann. 7

their clients was a was reduced repeatedly, with the plain- the Wilson Elser big change for Paul tiff ’s attorney claiming that his client was team the confi- and Rory but now destitute and was getting cold feet about dence to press on both value the rela- a prolonged trial, resulting in the and continue with tionships they have decreased demands. The opposing coun- their strategy, developed with sel said his inclination was to push full eventually receiv- firm clients. steam ahead because he felt confident ing a unanimous that his case was strong enough to return defense verdict on Rory points a seven-figure verdict, but he was defer- behalf of their out that after ring to his client’s wishes. clients. Paul Karp quickly adapting to Rory L. Lubin his new environment, he was able to use Paul’s own experience with the plain- Paul and Rory are examples of his experience as a plaintiffs’ attorney to tiffs’ bar, however, allowed him to see Wilson Elser’s frequent practice of later- his strength. His work for plaintiffs gave through the attorney’s posturing, and he al hires. In their case previous experi- him knowledge of, and access to, a whole inferred that it was not the client calling ence as plaintiff attorneys has given them other group of experts than those typi- the shots and effectively reducing the an edge when representing defense cally used for the defense. In addition, demand. Instead, the plaintiff ’s attorney clients. Other Wilson Elser attorneys his insider’s familiarity with many plain- was concerned by how Wilson Elser’s bring expertise from a remarkable variety tiffs’ firms served as an advantage. attorneys were chipping away at the cred- of past firm and careers, from in-house ibility of the plaintiff ’s witnesses. The counsel, banks and insurance companies, Having inhabited the other side of damage being done to the plaintiff ’s case to Air Force officers and registered nurs- the aisle permits both Paul and Rory to was plainly worrying the attorney, who es, to engineers and CPAs. This allows give a unique perspective to both clients continued reducing the demand despite Wilson Elser to provide our clients with and fellow defense counsel. A case in maintaining to Paul the front of a strong experts not just in defense, but in every point is one tried by Paul last year in case. Knowing what was really behind realm of the legal field, and often in the which the demand prior to trial was $1 the decreases gave Paul and the rest of clients own industry as well. g million. As the case went on, the demand

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advocacy side, as well as working with lawyers demonstrate the power of vision employee workplace issues. Since law and commitment in achieving a goal. school, Jackie has focused her practice not Patricia Ann and Jackie are two litigators only on labor and employment law, but also whose knowledge and the experience of product liability, commercial and health being behind and in front of the camera, care litigation. have contributed to who they are – in and out of the courtroom. g film at UCLA, she was offered a position as The impressive careers of these a producer with KABC Los Angeles. Eventually moving to Chicago, she joined Let’s follow up.... WMAQ-TV (NBC) and continued produc- ing television news magazines. The station Ricardo J. Cata (Managing known for launching the broadcasting Partner-Miami), Co-Chair of the careers of Jane Pauley, Floyd Kalber, Maury firm’s Latin American Practice Group, received an award from Povich, Roger Ebert and Deborah Norville, the Latin American Law Students was a home for Jackie for three years. Association at St. John’s Jackie headed back to the West Coast University during the 11th annual to start a family and to own and manage Ronald H. Brown Alumni two McDonald’s restaurant franchises. Association dinner in April. The Having dealt with everything from con- dinner is named after the first tracts to labor regulations within her busi- African-American to hold the ness, she was drawn to law. Jackie had an position of U.S. Secretary of Commerce. interest in law for many reasons: the trans- actional work she would get to do, the 8 Wemedia In the news.... Public defender In 1979, Irving Art of self-defense Hirsch (Partner- New York) began Dov Sternberg (Associate-New his career in one of York) recently returned from coach- the most exciting, ing and competing for the U.S. busiest and promi- Karate team at the 2009 Maccabiah nent legal settings Games in Tel Aviv, Israel. Being a in the country, the four-time veteran, having won 3 gold medals in both the 2001 and 2005 Irving Hirsch New York County District Attorney’s games, the Chairman of the 2009 office. Irv recalled, “I enjoyed the expe- U.S. Karate Team asked Dov to take rience of public service, the luxury of the helm as coach of the open team. caring about the truth and doing the right The U.S. team won one gold, five sil- ver and six bronze medals- three of thing. There was tremendous satisfaction which Dov won personally. in putting away people who committed heinous crimes and for making sure the The world’s largest Jewish sport- police didn’t violate people’s rights.” ing event, the Maccabiah Games are Dov Sternberg, right, spars in a match. held every four years. The first games held in 1932 had 390 participating After more than ten years of working athletes from eighteen countries, whereas over 7,000 athletes from 56 coun- in the trenches of the District Attorney’s tries competed in the 2009 games. office, Irv left in 1993 to embark on a career in private practice. He joined Dov started karate lessons at the age of five and is now a black belt in Wilson Elser’s team in 1994 and elevated Shotokan Karate. In 1998, Dov was the US National Karate Champion for his weight class and competed in the 1999 Pan American Games in to Partner in 1996. Having developed an Winnipeg, Canada where he won a silver medal. interest in medical law, based on his expe- riences litigating the insanity status of dangerous felons, Irv’s focus has been on County District Attorney’s office in 1980 nomination. medical malpractice. and worked with Irv in the same bureau. Irv is not alone in having benefited Lanny A. Breuer was recently appointed While in the D.A.’s office, Irv worked from beginning his career within an envi- by President Obama to the position of alongside a number of talented attorneys. ronment that gave him vast trial experi- Assistant Attorney General for the Two such individuals who have been in ence. Many other Wilson Elser attorneys Criminal Division. Breuer served in the the news lately are Lanny A. Breuer and began their careers as Assistant District D.A.’s office from 1985 to 1989. Irv, Sonia Sotomayor. Sonia Sotomayor Attorneys, Public Defenders and mem- along with other former collegues sent a recently gained national attention with bers of the JAG Corps across the coun- joint letter in support of Lanny Breuer her nomination to the U.S. Supreme try, preparing them not just merely be lit- appointment as well Sonia Sotomayor’s Court. Sotomayor joined the New York igators but trial attorneys.

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