DOCSLIB.ORG

MICHAEL D. HESS Senior Counsel

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
MICHAEL D. HESS Senior Counsel MICHAEL D. HESS Senior Counsel Michael D. Hess currently practices in the areas of commercial litigation, mediation, arbitration, corporate transactions, municipal and state law, as well as in business fraud, bankruptcy, antitrust, securities, and finance law. He has an “AV Preeminent” peer review rating in Martindale, the highest rating in the legal profession for professional excellence and ethical standards. Mike began his legal career in 1965 as a Law Clerk to Federal Judge Thomas F. Croake in the United States District Court for the Southern District of New York. From 1966 to 1973, Mike worked as an Assistant United States Attorney for the Southern District of New York, where he first became Chief Appellate Attorney of the Civil Division and ultimately, Chief of the Civil Division. At the U.S. Attorney’s Office, Mike represented the federal government in historical cases such as United States v. New York Times, commonly known as the “Pentagon Papers” case, before the U.S. Supreme Court and Galella v. U.S. Secret Service and Onassis, in which he defended the actions of the Secret Service in imposing reasonable limitations on the rights of paparazzi to photograph the Kennedy/Onassis family. He represented the government in the case against the national letter carriers when they went on strike, and he averted a strike, which would have crippled the City, by the New York City subway and bus drivers. In addition, he supervised significant environmental cases, including one resulting in the cleanup of the Hudson and East Rivers, and another involving the construction of Interstate Highway 684 in Westchester. In 1973, Mike joined Weil, Gotshal & Manges LLP, an Am Law firm, and served as the Administrative Partner of the Litigation Department for ten years. He later became a partner in two other Am Law firms, White & Case LLP and Chadbourne & Parke LLP. In November 1997, Mike was appointed the Corporation Counsel of the City of New York. The New York City Law Department is one of the largest public law offices in the nation. It represents all New York City agencies, including the New York Police Department, the Fire Department of New York, and the Health and Emergency Management Department, as well as those departments accountable for children’s services, real estate, finance, correctional facilities, and the homeless. As the chief lawyer for New York City, he supervised 800 attorneys and 900 city employees and oversaw thousands of trial and appellate cases in numerous federal and state courts. As Corporation Counsel, the city’s chief lawyer, at the time of the 9/11 terrorist attacks, Mike was responsible for handling many unique and complex legal issues that arose in the aftermath of the attacks, such as amending the law to swiftly provide death certificates to families thereby enabling them to collect much-needed insurance for their deceased loved ones when a body could not be found. On 9/11, Mike himself was trapped in 7 World Trade Center. He was the last person the Fire Department rescued from that building before it collapsed, After 9/11, Mike gave countless eulogies at funerals for fallen city workers, many of whom had young widows and small children. He says this was the hardest thing he has ever had to do. Following his service as Corporation Counsel, Mike became a founder and Senior Vice President of Giuliani Partners Consulting Firm. He later joined the prestigious law firms Holland & Knight LLP and Dorf & Nelson LLP. Mike has litigated many significant civil and criminal cases in his private practice. He represented the New York State Urban Development Corporation in an action that ignited the redevelopment and cleanup of Times Square through the construction of the Marriott Marquis Hotel. He has represented the Board of Trustees of the City University, the Battery Park City Authority, and Montefiore and its affiliated hospitals. Mike also represented an Australian yacht club in a significant international dispute involving the America’s Cup yachting competition. In addition to practicing law, Mike has extensive business and management experience. The federal government appointed him the trustee to operate the S&A Concrete Company, one of the largest concrete and construction businesses in New York City. With Mayor Giuliani, he also supervised the revitalization of New York City’s Off-Track Betting Corporation, transforming it from a losing enterprise to a successful financial company. Mike has taught and lectured at many prominent law schools including Harvard, Yale, Columbia, New York University, and Fordham. In 2001, Harvard Law School named him a Wasserstein Fellow for his outstanding public service. Contact Practice Areas P: 212.885.8872 Commercial Litigation F: 212.687.3667 Mediation [email protected] Arbitration Corporate Transactions Education Municipal and State Law Business Fraud Harvard Law School, J.D., 1965 Securities Yale College, A.B., Phi Beta Kappa, Magna Cum Finance Laude, 1962 Bankruptcy Antitrust Bar & Court Admissions State of New York, 1966 United States Supreme Court, 1974 Board and Committee Second Circuit Court of Appeals, 1966 Memberships United States District Court for the Southern Federal Bar Council District of New York, 1966 Horace Mann School, Trustee (served as United States District Court for the Eastern Chairman of the School’s Board of Trustees) District of New York, 1966 Served on the Board of Berkshire Theatre Festival Served on the Board of New York State Honors & Awards Thoroughbred Racing Association Martindale AV Peer Review Rated Wasserstein Public Interest Fellow, Harvard Law School Relevant Press “Follow the Leader.” The Harvard Law Review. (April 1, 2004). “PUBLIC LIVES; Lawyer With a Bark to Make Giuliani Proud.” The New York Times. (July 29, 1999). “Mayor Picks Ex-Prosecutor To Take Job of Top Lawyer.” The New York Times. (November 21, 1997). .
Load more

Recommended publications
  • Limited Appearance Statement Of
    July 26, 2013 By US Mail Commissioner Allison M. Macfarlane U.S. Nuclear Regulatory Commission Mail Stop 0-16G4 Washington, DC 20555 Dear Allison M. Macfarlane, Enclosed is a copy of "Generating Influence," Common Cause/New York's comprehensive study of Entergy Corporation's political spending and public relations campaign to secure new operating licenses for the Indian Point nuclear power plant in Buchanan, New York. As you are well aware, Entergy is currently in the late stages of the Nuclear Regulatory Commission license renewal process that began in 2007. While Common Cause takes no position on the relicensing of Indian Point, we strongly believe that the final decision should be based on objective analysis of the costs and benefits and not unduly shaped by the well-funded lobbying, campaign contributions, and publicity campaigns of Entergy Corporation. As such, it is crucial that NRC officials are fully aware of the extraordinary extent to which the appearance of "public support" for the Indian Point nuclear power plant appears to have been generated by the deceptive strategies of Entergy Corporation. In addition to the "inside game" of lobbying and campaign contributions, Entergy has engaged in an extensive "outside game" of public relations and grassroots "astroturfing" strategies. From making targeted campaign contributions and hiring former New York Mayor Rudy Giuliani to appear in an advertising campaign, to cultivating influential"front group" coalitions of business interests, unions, local political leaders, and non-profits (NY AREA and SHARE), Entergy is working the full spectrum of lobbying and publicity strategies in an all-out effort to keep Indian Point open.
    [Show full text]
  • Congressional Record—Senate S1184
    S1184 CONGRESSIONAL RECORD — SENATE February 27, 2020 bomb components, repair and return of weap- get. Laser designation for the LGB can be ests above the interests of the United States. ons, weapons training equipment, practice provided by a variety of laser target markers The House Impeachment Managers have bombs, TTU–595 Test Set and spares, fin as- or designators. proven that the President’s abuse of power semblies, rocket motors, training aids/de- 4. Mk–82 General Purpose (GP) bomb is a and congressional obstruction amount to the vices/spare parts, aircraft spare parts, sup- 500 pound, free-fall, unguided, low-drag weap- constitutional standard of ‘‘high Crimes and port equipment, clothing and textiles, publi- on usually equipped with the mechanical Misdemeanors’’ for which the sole remedy is cations and technical documentation, travel M904 (nose) and M905 (tail) fuzes or the conviction and removal from office. expenses, medical services, construction, air- radar-proximity FMU–113 air-burst fuze. The II. STATEMENT OF THE FACTS craft ferry support, technical and logistical Mk–82 is designed for soft, fragment sen- On December 18, 2019, the United States support services, major modifications/class sitive targets and is not intended for hard House of Representatives passed H. Res. 755,1 IV support, personnel training and training targets or penetrations. The explosive filling ‘‘Impeaching Donald John Trump, President equipment, U.S. Government and contractor is usually tritonal, though other composi- of the United States, for high crimes and program support, and other related elements tions have sometimes been used. misdemeanors.’’ H. Res. 755 contains two Ar- of logistics and program support.
    [Show full text]
  • Aligning Cybersecurity Incentives in an Interconnected World
    CONTENTS Introduction 1 State of the internet of things 3 Federal approach to cybersecurity policy 4 Growing cybersecurity risk in the internet of things 6 Case for a light-touch regulatory approach 7 Market solutions 8 Cyber insurance 8 Filling the information gap 10 Cyber insurance for federal vendors 11 Conclusion 12 About the author 13 the first internet-connected device—a Coca-Cola vending machine—in the mid-1970s.2 As the story goes, the depart- ment installed microswitches to sense whether bottles were R STREET POLICY STUDY NO. 86 present in the machine, with that information relayed to a February 2017 server that students could access from anywhere on the internet. Though the term has been with us nearly two decades, there remains significant disagreement about what, precisely, the “internet of things” describes. Since its inception, it has been ALIGNING CYBERSECURITY used alternatively to include or exclude various classes of INCENTIVES IN AN connected objects. Key to its global spread was a 2005 report by the United Nations’ International Telecommunication INTERCONNECTED WORLD Union that characterized the internet of things as “ubiqui- tous computing,” complete with machine-to-machine com- Anne Hobson munication and real-time connectivity.3 In the United States, the Federal Trade Commission has adopted a definition that hinges on whether or not a given class of objects traditionally INTRODUCTION had embedded computing power; networked appliances and n the stop-motion animated short “Wallace & Gromit: thermostats thus qualify as internet-of-things devices, but The Wrong Trousers,” the protagonist Wallace’s alarm computers, tablets and smartphones do not.4 The manage- clock kicks off a Rube Goldberg-like chain of machines ment consultant McKinsey & Co.
    [Show full text]
  • Rudy Giuliani & His Sidekick Bernie Kerik: Two NYC "Skeeters" THE
    Giuliani & Kerick: 2 NEW YORK CITY ‘SKEETERS’ 2002 Free counters provided by Honesty.com. In announcing their deal, GlobeSecNine and Bear Stearns Merchant Banking drew attention to another partnership the latter had formed for investing in the defense sector. In July 2003, Bear Stearns Merchant Banking teamed up with Giuliani Partners LLC, a consulting firm founded by former New York City Mayor Rudy Giuliani, along with his ex-police, fire and emergency management commissioners [i.e. Bernard Kerick et al]. Growth industry -- The FEMA-Homeland Security industry is currently the fastest growing sector of the U.S. economy, predicted to grow from a $500 billion industry in 2005 to $1300 billion in 2010, according to the Homeland Security Research Corporation, a private California think tank. *********************** Vol. 10, 2002 The Adrian Report --- BERNARD KERICK NEVER FINISHED HIGH SCHOOL AND GOT HIS EQUIVALENCY CERTIFICATE IN MIDDLE AGE -- HE WAS ALMOST THE CZAR OF HOMELAND SECURITY-- AN HONOR HANDED OVER TO A SUSPECTED ISRAELI MOSSAD AGENT--MICHAEL CHERTOFF Rudy GUZZLES down Pharmaceutical billions PHARMA PHARMA PHARMA PHARMA CLICK HERE!! Publisher's Note: Former NY Mayor Giuliani is following the path of others who have served the large pharmaceutical manufacturers--the road to easy riches, large fees and lackey for the drug companies. In so doing, he joins former Congressman Tauzin (see our story on how the former Representative stood ready to gain a $2 million dollar salary from the Pharmaceutical industry as a reward for his work on the flawed Medicare Prescription Drug Card, but then backed down in the face of public pressure.
    [Show full text]
  • 2. Lake Braddock Provide More Rebounding After Seeing Limited Playing Time As a Junior
    THURSDAY 12/02/04 SPORTS TV SPARTAN ARLINGTON, A TO Z POWER • Think you know Patriot District Arlington? “Heroes, History basketball and Hamburgers” preview examines this D.C. Page 37 suburb’s past. Page 20 • www.jrnl.com • Vol. 66, No. 239 • FREE • U.S. deploys more troops for Iraq vote Military presence to expand to highest level of the war By ROBERT BURNS Associated Press Unit extensions Where the biggest WASHINGTON – The Unit- depolyments come from: ed States is expanding its military force in Iraq to the highest level ■ About 4,400 troops of of the war – even higher than during the initial invasion in the 2nd Brigade of the 25th March 2003 – in order to bol- Infantry Division, which is ster security in advance of next operating in north-central Iraq, month’s national elections in Jan- will stay until mid-March uary. instead of departing in early The 12,000-troop increase is January. to last only until March, but it ■ About 3,500 soldiers of says much about the strength and the 2nd Brigade of the 1st resiliency of an insurgency that Cavalry will be extended until U.S. military planners did not March. These are the soldiers foresee when Baghdad was top- who originally were told they pled in April 2003. would be leaving Iraq in Brig. Gen. David Rodriguez, November. deputy operations director of the ■ About 2,300 members of Joint Staff, told reporters Wednes- the 31st Marine Expeditionary day that the American force will Unit, based in Okinawa, Japan, expand from 138,000 troops today and in Hawaii and California, to about 150,000 by January.
    [Show full text]
  • 1 Forty-Fourth Street Notes
    NEW YORK CITY BAR Forty-Fourth Street Notes COME JOIN A COMMITTEE By Bettina B. Plevan, President his is the time of year that committee chairs have the satisfaction of making significant contribu- begin to select members for the next “committee tions to the profession and the public. Young lawyers Tyear,” beginning in September. Committee ser- receive all this, and the added benefit of getting to vice is a truly special opportunity in our Association know more senior practitioners, and to know them as because of our rich history of influencing public poli- colleagues. As a young lawyer serving on a commit- Highlights: cy, promoting reform of the law and upholding a tee, I had the opportunity to meet court administra- strong judicial system and high ethical standards. tors and to testify at legislative hearings and learn up- close how law is made, and un-made. February 2006 The Association was founded in 1870 by a group of lawyers seeking to end corruption in government, par- Committee service also gives you a chance to learn Committee Preference ticularly the judiciary, and improve society for the good about issues and entire fields of law outside your Form: Page 2 of all citizens. In the years that followed, the practice. Our array of committees, listed on page 3, is Association expanded its mission to include law wide enough to let you pursue your professional and reform, access to justice, and adherence to the rule of personal inclinations. Our Web site, www.nycbar.org, Symposium on Best law at home and abroad. has brief committee descriptions.
    [Show full text]
  • Alan Placa: Key Architect of Minimizing Abuse Claims, Coercing Silence and Protecting Church Assets
    INVESTIGATIVE REPORT BY JEFF ANDERSON & ASSOCIATES – VOLUME I ALAN PLACA: KEY ARCHITECT OF MINIMIZING ABUSE CLAIMS, COERCING SILENCE AND PROTECTING CHURCH ASSETS Investigative Report by Jeff Anderson & Associates: Volume I Alan Placa: Key Architect of Minimizing Abuse Claims, Coercing Silence and Protecting Church Assets Purpose, Background & Disclaimer It is believed that the Catholic Dioceses of New York and Religious Orders operating in New York do not make available to the public the full history, knowledge, and context of the sexually abusive clerics nor its coverup of the abuse. The public’s need to know of the danger both past and present and the role of instrumental figures is paramount. This report is created with the intent of warning the public of dangerous practices and conditions and of those who would deceive the public of that danger. This report is intended to raise awareness about the important issue of clerical sexual abuse and provide the public with vital information for public benefit. The information contained in this report is an attempt to compile information already available from various sources in the public media, public sources, government records, court records, church records and other publicly available sources that have chronicled this information for public use. These sources have not been independently verified and accordingly may contain inaccuracies and omissions. The currently pending civil lawsuits referred to have been filed under the New York Child Victims Act. The claims made in these lawsuits and the other lawsuits referred to in this report have not been fully adjudicated by the court. All alleged perpetrators are presumed innocent until proven guilty.
    [Show full text]
  • Summary of Leadership
    Case study summarycase study paper A comprehensive summary of New Trends in Leadership - April 2004 1. Introduction st Identifying and defining leaders for the 21 century poses a unique challenge. Leadership has become the new competency as organisations, individuals and influencers try to shape the leadership agenda. Each influencer is jostling for that taxonomy which will make sense of the challenges and outlast its creator. 1.1 Key themes in Leadership st Substantial efforts are being made to redefine leadership for the 21 century. Initiatives and themes include the following: • Emotional intelligence • Positive psychology (developing strengths and use of humour) • Morality of leadership • The absence of innovation and risk taking • Guru practitioners (e.g. Jack Welch and Rudy Giuliani) • A new global definition of leadership • Leadership as a career – an extra competency for some organisations, an embodiment of all competencies for others 1.2 Discriminating between leadership types Douglas S. Fletcher (Principal of Performex) describes three variations: Executive leaders (CEOs) are responsible for articulating the vision and direction of the firm. CEOs make speeches and reorganise but have very little impact on the day-to-day operation of any kind of business. This is the job of line-leaders. Line leaders are the lynch pins connecting lower levels to the top. They have a great deal of influence on what is important. They can act as filters or amplify the message executive leaders want communicated. Through their actions and even their non-verbal behavior they communicate what they think is important. They can kill any change program or they can take a leadership position and promote change.
    [Show full text]
  • THE HONORABLE RUDOLPH W. GIULIANI U. S. Senate Permanent
    Submission Of THE HONORABLE RUDOLPH W. GIULIANI Chairman & CEO Giuliani Partners LLC Hearing Before The U. S. Senate Permanent Subcommittee on Investigations BUYERS BEWARE: THE DANGERS OF PURCHASING PHARMACEUTICALS OVER THE INTERNET June 17, 2004 Giuliani Partners LLC Examination and Assessment of Prescription Drug Importation From Foreign Sources To the United States Interim Findings May 11, 2004 INTRODUCTION The availability of safe, effective and reasonably priced medications for all Americans is at the center of an important, ongoing debate regarding our health care system. As the costs of medicines have increased, so has the focus of pricing on this debate. Individuals and even local and State governments have sought alternative means to obtain necessary medicines at lower costs, and these initiatives have further narrowed the debate to the value of importing Canadian or foreign medicines into the United States. However, the safety and efficacy of these same imported medicines has received less attention and focus and is often overshadowed or even ignored by the pricing issue. From the outset, there is little dispute that the high price of many prescription medicines becomes an impediment to access. And while the price of today’s medicines exist in part to provide for the development of tomorrow’s cure, patient access should be expanded by exploring methods for lowering costs for those in need. Giuliani Partners LLC has been retained by the Pharmaceutical Research and Manufacturers of America (PhRMA) to evaluate the risks, if any, associated with the importation of Canadian and foreign medicines. In recognition of the public health implications associated with importation, and at the request of Congress, the United States Department of Health & Human Services has convened a Task Force on Drug Importation to examine these very concerns.
    [Show full text]
  • Homeland Security Washington, DC 20528
    U.S. Department of Homeland Security Washington, DC 20528 Homeland Security Privacy Office, Mail Stop 0655 Re: This is the final response to your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated December 26, 2019, and received by this office on December 26, 2019. You are seeking a copy of the letter of request for each of the ten oldest pending requests at DHS Privacy Office as amended on January 13, 2020. A search of Department of Homeland Security’s, Privacy Office for documents responsive to your request produced a total of forty-five (45) pages. Of those pages, I have determined that twenty-eight (28) pages of the records are releasable in their entirety and seventeen (17) pages are partially releasable pursuant to Title 5 U.S.C. § 552 (b)(6), FOIA Exemptions 6. Enclosed are seventeen (17) pages with certain information withheld as described below: FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public’s right to disclosure against the individual’s right to privacy. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test. You have a right to appeal the above withholding determination. Should you wish to do so, you must send your appeal and a copy of this letter, within 90 days of the date of this letter, to: Privacy Office, Attn: FOIA Appeals, U.S.
    [Show full text]
  • Crime, Consulting, Risk, and Ratings in the Production of Urban Space
    Indiana Journal of Global Legal Studies Volume 15 Issue 1 Article 5 Winter 2008 Securing the Global City: Crime, Consulting, Risk, and Ratings in the Production of Urban Space Katharyne Mitchell University of Washington Katherine Beckett University of Washington Follow this and additional works at: https://www.repository.law.indiana.edu/ijgls Part of the Civil Law Commons, Criminal Law Commons, and the International Law Commons Recommended Citation Mitchell, Katharyne and Beckett, Katherine (2008) "Securing the Global City: Crime, Consulting, Risk, and Ratings in the Production of Urban Space," Indiana Journal of Global Legal Studies: Vol. 15 : Iss. 1 , Article 5. Available at: https://www.repository.law.indiana.edu/ijgls/vol15/iss1/5 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Journal of Global Legal Studies by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Securing the Global City: Crime, Consulting, Risk, and Ratings in the Production of Urban Space KATHARYNE MITCHELL* & KATHERINE BECKETT** ABSTRACT The last decade has witnessed the rise of private transnationalinstitutions that increasingly influence the organizationand management of urban space. Two institu- tions are especially powerful in this regard: bond-ratingagencies and global security firms. Bolstered by a discourse of risk and the need to securitize cities, these institutions have garneredenormous amounts of power with respect to urban social and spatial control. They are implicated in the imprisonment and displacement of marginalized populations,the intensification ofgentrification,and general shifts in municipalfund- ing priorities.
    [Show full text]
  • Leadership Trends
    Case study thoughtsummarycase study leadership paper A comprehensive summary of New Trends in Leadership - April 2004 1. Introduction st Identifying and defining leaders for the 21 century poses a unique challenge. Leadership has become the new competency as organisations, individuals and influencers try to shape the leadership agenda. Each influencer is jostling for that taxonomy which will make sense of the challenges and outlast its creator. 1.1 Key themes in Leadership st Substantial efforts are being made to redefine leadership for the 21 century. Initiatives and themes include the following: • Emotional intelligence • Positive psychology (developing strengths and use of humour) • Morality of leadership • The absence of innovation and risk taking • Guru practitioners (e.g. Jack Welch and Rudy Giuliani) • A new global definition of leadership • Leadership as a career – an extra competency for some organisations, an embodiment of all competencies for others 1.2 Discriminating between leadership types Douglas S. Fletcher (Principal of Performex) describes three variations: Executive leaders (CEOs) are responsible for articulating the vision and direction of the firm. CEOs make speeches and reorganise but have very little impact on the day-to-day operation of any kind of business. This is the job of line-leaders. Line leaders are the lynch pins connecting lower levels to the top. They have a great deal of influence on what is important. They can act as filters or amplify the message executive leaders want communicated. Through their actions and even their non-verbal behavior they communicate what they think is important. They can kill any change program or they can take a leadership position and promote change.
    [Show full text]