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Winning Cases in Federal Court (Day Two) June 28, 2012 6:00PM to 9:00PM

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Winning Cases in Federal Court (Day Two) June 28, 2012 6:00PM to 9:00PM WINNING CASES IN FEDERAL COURT Day Two Prepared in connection with a Continuing Legal Education course presented NSTITUTE at New York County Lawyers’ Association, 14 Vesey Street, New York, NY I scheduled for June 28, 2012. Program Co-Sponsor: NYCLA's Federal Courts Committee Program Chairs: Hon. Lewis Kaplan, SDNY; Joel Silverstein, Stern & Kilcullen, LLC CLE FACULTY: Scott Berman, Friedman Kaplan Seiler & Adelman LLP Sue Buckley, Cahill; Gordon & Reindel LLP Charles Cohen, Hughes Hubbard Gregg Kanter Gregg H. Kanter Law Office LLC; NYCLA Veronica Rendon, Arnold & Porter 3 TRANSITIONAL AND NON-TRANSITIONAL MCLE CREDITS: This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 3 Transitional and Non-Transitional credit hours; 1 Skill; 1.Ethics; 1 Professional Practice. This program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for 3 hours of total CLE credit. Of these, 1 qualifies as hours of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law. Information Regarding CLE Credits and Certification Winning Cases in Federal Court (Day Two) June 28, 2012 6:00PM to 9:00PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. The time will be verified by the Program Assistant. ii. You will receive your MCLE certificate as you exit the room at the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium. iii. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate. iv. Please note: We can only certify MCLE credit for the actual time you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week. v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week. Thank you for choosing NYCLA as your CLE provider! New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 Winning Cases in Federal Court June 28, 2012 6:00 PM – 9:00 PM AGENDA Program Chairs: Hon. Lewis Kaplan, S.D.N.Y Joel Silverstein, Stern & Kilcullen, LLC Faculty: Scott Berman, Friedman, Kaplan, Seiler & Adelman LLP Susan Buckley, Cahill, Gordon & Reindel LLP Charles Cohen, Hughes Hubbard & Reed Gregg Kanter, Gregg H. Kanter Law Office, LLC Veronica Rendon, Arnold & Porter 6:00 p.m. Introductions, Joel Silverstein 6:05 p.m. Overview of Discovery Methods and Motions, Gregg Kanter 6:45 p.m. Non-Party Discovery, Scott Berman 7:10 p.m. Electronic Discovery, Charles Cohen 7:45 p.m. Break 7:55 p.m. Taking and Defending Depositions, Susan Buckley 8:25 p.m. Experts, Veronica Rendon 9:00 p.m. Distribution of Certificates New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 Winning Cases in Federal Court Day Two Table of Contents Section Overview of Discovery Methods and Motions 1 Non Party Discovery in Federal Litigation 2 Electronic Discovery 3 Taking and Defending Depositions 4 Experts 5 Lewis A. Kaplan U.S. Southern District, New York Daniel Patrick Moynihan United States Courthouse 500 Pearl Street, Room 1310 New York, NY 10007-1312 (212) 805-0216 Status: Active Judicial Experience: • United States District Judge., U.S. Southern District, New York Other Professional Experience: • Paul, Weiss, Rifkind, Wharton & Garrison to 1994 • Law Clerk, Hon. Edward M. McEntee ,US Court of Appeals for the First Circuit to 1970 Education: • J.D., Harvard Law School • B.A.(Political Science), University of Rochester Admission to the Bar: • Publications/Lectures: • Some Reflections on Corporate Criminal Responsibility, 7 The Antitrust Source 1, 2007 • Should We Reconsider Corporate Criminal Liability?, 12 NY Litigator No. 1, 3, 2007 • Experts in the Courthouse: Problems and Opportunities, 2006 Colum. Bus. L. Rev. 247, 2006 Federal Sentencing: Where Do We Go From Here?, 223(25) New York Law Journal, 4:4, Feb. 7, 2005 • Copyright and the Internet, 22 Temple Env. L. & Tech. J. 1, 2003 • Copyright in the Digital Age, 49 J. Copyright Soc. of the USA 1, 2001 • Resolving Tensions Between Copyright and the Internet, in Symposium, Beyond Napster: Debating the Future of Copyright on the Internet, 50 Am. Univ. L.Rev. 414, 2001 • Litigation, Privacy and the Electronic Age, 4 Yale Symp. L. & Tech. 1, 2001 • Defending 'Fraud by Hindsight' Cases, American Banker, 1992 • Implied Causes of Action, Litigation, Summer 1982 Potential Competition and Section 7 of the Clayton Act, 25 Antitrust Bull. 297, 1980 International Discovery in Antitrust Litigation in Antitrust Counseling and Litigation Techniques, J. O. von Kalinowski ed., 1996 Professional Civic Activities/Honors/Awards: • Judicial Fellow, American College of Trial Lawyers • Judicial Liaison, ABA Section of Antitrust Law • NY State Bar Association • Association of the Bar of the City of New York • American Law Institute Learned Hand Medal for excellence in federal jurisprudence, Federal Bar Council Stanley H. Fuld Award for outstanding contributions to commercial and litigation, NY State Bar Assn • Graduated from the University of Rochester with high honors in Political Science • Graduated cum laude from Harvard Law School. JOEL M. SILVERSTEIN Partner Stern & Kilcullen Mr. Silverstein received a B.A. from Columbia College in 1976 and a J.D. degree from the University of Pennsylvania Law School in 1980. Having practiced in New York at firms including White & Case and Weil, Gotshal & Manges, he has for the last thirteen years been a member of the Roseland, New Jersey law firm of Stern & Kilcullen, where his practice focuses on a wide variety civil litigation before federal district and appellate courts, including class actions brought under the federal Securities laws and patent, antitrust, bankruptcy, commercial, and constitutional litigation. Mr. Silverstein has been a member of the Federal Courts Committee of the New York County Lawyers’ Association since 1988. He is a member of the Association’s CLE Institute Advisory Board and has lectured on federal civil procedure at CLE programs sponsored by the Federal Courts Committee. He co-chaired this CLE program in 2002 along with the Hon. Shira Scheindlin (USDJ SDNY), and in 2003 along with the Hon. John Gleeson (USDJ EDNY) and the Hon. Steven M. Gold (EDNY USMJ). From 1995 through 2000, Mr. Silverstein chaired a Subcommittee of the Association’s Federal Courts Committee that conducted nationwide surveys of federal judges and clerks concerning alternative procedures used by some courts and judges to process dispositive motions, assessed the legality and efficacy of such procedures, and prepared a detailed report of its conclusions, which was published by West at 190 F.R.D.222, and won the Association’s 1999 Eppler Award. GREGG H. KANTER Gregg Kanter is a commercial litigator practicing in New York City and Philadelphia. Mr. Kanter has litigated a wide variety of commercial matters, including such high profile cases as the class actions concerning Holocaust‐era insurance policies, the World Trade Center net lessees' property damage claim arising from 9/11, and Madoff "clawback" claims. Mr. Kanter was a Law Clerk for the Gregg H. Kanter Law Office LLC Honorable Henry A. Politz of the United 2222 Pine Street, Philadelphia, PA 19103 (917) 494‐5317 / [email protected] States Court of Appeals for the Fifth Circuit. www.kanter‐law.com He has worked in Philadelphia for Sprague & Sprague and in New York for Flemming Selected Publications: Zulack Williamson Zauderer. Author, The Southern District’s New Pilot Project for Complex Civil Litigation, 7 N.Y. County Law., Dec. 2011, at Professional Activities 1. Member, Judicial Improvements Committee Advisory Author, Judicial Review of Antitakeover Devices Employed Group for the Pilot Project Regarding Case in the Noncoercive Tender Offer Context: Making Sense of Management Techniques for Complex Civil Cases in the the Unocal Test, 138 U. Pa. L. Rev. 225 (1989). Southern District of New York. Author, Same­Sex Harassment Cases: A Wake­Up Call for Chair, Federal Courts Committee of the New York Employers, 3 Emp. L. Strategist 5 (June 1995). County Lawyers' Association (2009‐present; Vice‐ Author, A Recommendation for Uniformity of Some Chair, 2008‐09; Secretary, 2002‐09). CM/ECF Protocols (2006) Chair, Luncheon Honoring the Federal Courts in New Contributing Author, THE UNITED STATES DISTRICT COURT York City (2006). FOR THE SDOUTHERN ISTRICT OF NEW YORK: A RETROSPECTIVE (2000‐2010) (2012) Chair, ECF Subcommittee of Federal Courts Committee of the New York County Lawyers' Association (2005‐09).
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