Mark A. Berman Partner

Tel: 212.922.9250 x266 Email: [email protected]

360 Lexington Avenue New York, NY 10017 . Tel: 212.922.9250 . Fax: 212.922.9335 . www.ganfershore.com

ark Berman is a partner in the firm’s Commercial Litigation practice group M as well as in its other litigation practice groups. He co-heads the firm’s Complex Title Insurance Litigation practice. Mr. Berman is a member of the firm’s Cooperative and Condominium Housing Practice Group. He has extensive experience in representing private and public companies, as well as partnerships and individuals, as plaintiffs and defendants, in complex commercial matters with an emphasis on real estate disputes, electronic discovery conflicts, and complex title insurance issues. Mr. Berman is experienced in all phases of litigation in both state and federal courts as well as in arbitral forums. He is a seasoned appellate attorney, having argued many cases before both the First and Second Departments. Mr. Berman is also a trained mediator. He has also been appointed as a discovery master by a New York Commercial Division Justice. Prior to joining, he was an associate in the litigation department at Skadden, Arps, Slate, Meagher & Flom LLP and clerked for United States Magistrate Judge Michael L. Orenstein for the Eastern District of New York. Practice Areas Mr. Berman has written and lectured extensively on electronic discovery, social § Commercial Litigation media and ethics issues before the American Bar Association, the New York § Real Estate Litigation State Bar Association and the New York State Judicial Institute, the First and Second Appellate Divisions of the New York Supreme Court. He has been § Complex Title Litigation appointed by the Chief Administrative Judge as a member of New York State E- § Professional Liability Discovery Working Group advising the New York State Unified Court System. Defense Mr. Berman was Chair of the Commercial and Federal Litigation Section of the § Securities Litigation New York State Bar Association (NYSBA) for 2016-2017. He is an “at large” representative on the Executive Committee of NYSBA and Chair of NYSBA’s § Cooperative and newly formed Committee on Technology and the Legal Profession. Condominium Housing Since 2005, Mr. Berman has authored a column in The New York Law Journal § E-Discovery Counseling addressing electronic discovery under New York State law. Mr. Berman’s articles § Arbitration/Mediation have been quoted in both appellate and trial court decisions. Mr. Berman is rated “AV” by Martindale-Hubbell, the highest level in professional § Employment Law excellence and ethics, and has been selected as a “New York Super Lawyer” annually since 2008. Education § Benjamin N. Cardozo Representative Cases School of Law n Represented a major hotel in a Yellowstone injunction dispute with its tenant. (J.D. 1990) n Represented plaintiff concierge company in an antitrust litigation and before magna cum laude the United States Surface Transportation Board. Editor, Moot Court Board Defended company in a class action alleging violation of the Fair and n Order of the Barrister Accurate Credit Transaction Act. § Columbia College n Represented insured property owners and lenders in complex title disputes. (A.B. 1986) n Represented plaintiff beverage distributor against a multi-national drink manufacturer in a breach of contract arbitration. Mark A. Berman Partner

Tel: 212.922.9250 x266 Email: [email protected]

360 Lexington Avenue New York, NY 10017 . Tel: 212.922.9250 . Fax: 212.922.9335 . www.ganfershore.com n Defended Fortune 500 company in a malicious prosecution litigation. n Represented plaintiff, a world-renown trademark owner, against infringers. n Represented condominiums in disputes with their sponsor and architect in defective design and construction litigations. n Represented a nationwide provider of maintenance services in indemnification actions. n Defended developer in an air rights dispute relating to a New York City hotel. n Represented employees in breach of contract actions against employers. n Represented Assignee for the Benefit of Creditors in arbitrations seeking to recover loans made to brokers by a securities brokerage company. n Represented developers and building owners in licensing disputes relating to neighboring construction. Admissions n New York State (1991) n U.S. District Court, Southern District of New York (1993) n U.S. District Court, Eastern District of New York (1993) n U.S. District Court, Northern District of New York (2000) n U.S. Supreme Court (1998) Memberships n Member, “At-Large,” Representative, Executive Committee, NYSBA, 2018 to present. n Chair, Committee on Technology and the Legal Profession, NYSBA, 2017 to present. n Co-Chair, Commercial Division Committee of the Commercial and Federal Litigation Section, NYSBA, 2017 to present. n Chair, Commercial and Federal Litigation Section, NYSBA, 2016-17. n Co-Chair, Social Media Committee of the Commercial and Federal Litigation Section, NY State Bar Association, 2013-16. n Board of Editors, New York State Bar Association Journal, 2016 to present. n Fellow, The New York Bar Foundation, 2015 to present. n Member, Education Subcommittee, Electronic Discovery Working Group for the NY State Court System, 2010 to present. n Member, and former Secretary, E-Discovery Committee of the Commercial and Federal Litigation Section, New York State Bar Association, 2006 to present. n Member, Federal Bar Council, Second Circuit Courts Committee, 2008 to present. n Member, New York American Inn of Court, 2012 to present. n Member, Professional and Judicial Ethics Committee, Association of the Bar of the City of New York, 2008-2011. Lecturing/Teaching Mr. Berman has lectured on professional responsibility, electronic discovery, social media and ethics issues at a variety of judicial education programs, bar associations and New York City law schools. Jeremy R. Feinberg Special Referee, New York State Supreme Court, County of New York

Jeremy R. Feinberg is a Special Referee of the New York County Supreme Court, Civil Division. His docket includes referred matters from the Commercial Division, New York County, as well as matrimonial and general IAS Part cases. He issues reports and gives recommendations (or, in some instances, issues determinations) on referred matters ranging from attorneys’ fees awards to e-discovery issues to personal jurisdiction challenges.

He worked at the Office of Court Administration from 2006-2013, serving on the staff of the Chief Administrative Judge, before becoming a Special Referee in 2013. Prior to joining the court system in 2006, Special Referee Feinberg was associated with Proskauer, where he served the firm and its clients on sports law, professional responsibility, and commercial litigation matters. He was law clerk to the Hon. Judith S. Kaye, former Chief Judge of New York State from 1996-1998. He is a 1995 graduate of Columbia Law School and a 1992 graduate of Columbia College.

MICHAEL L. FOX, B.A., J.D. Assistant Professor of Business Law & Pre-Law Advisor

Mount Saint Mary College Newburgh, New York

Dr. Michael L. Fox is an Assistant Professor of Business Law in the School of Business at Mount Saint Mary College, in Orange County, New York. He teaches courses in the undergraduate business program, and in the MBA program. He also serves as the College’s Pre-Law Advisor.

Professor Fox received his Bachelor of Arts (B.A.) degree, Phi Beta Kappa and summa cum laude, from Bucknell University, in Lewisburg, PA, with a major in Economics and minor in Biology. He was elected to Phi Beta Kappa in his junior year. At graduation, he received the award for the highest standing in Economics, and he was active throughout his college career, among other things serving as a member of the Middle States Period Review Report Committee for Bucknell, and as a member of the University Judicial Boards.

Dr. Fox received his Doctor of Law (J.D.) degree from Columbia University School of Law, in New York City, where he was a Harlan Fiske Stone Scholar and an Articles Editor on the Columbia Business Law Review.

Professor Fox served as a law clerk to the Hon. Lawrence E. Kahn, U.S. District Judge, in the Northern District of New York, in Albany. He has been rated AV-Preeminent by Martindale-Hubbell since 2015, and has been selected to the Upstate New York Super Lawyers list in 2013, 2014, 2015 and 2016. He is admitted to practice in New York State, as well as in the Southern, Eastern and Northern Districts of New York, the Second Circuit U.S. Court of Appeals, and the United States Supreme Court. Professor Fox previously worked as an associate in the litigation department of Stroock & Stroock & Lavan LLP, in Manhattan; and was, sequentially, an associate, senior counsel, and then partner, and the litigation managing attorney at Jacobowitz & Gubits, LLP, in New York’s Hudson Valley. At Jacobowitz & Gubits his primary practice areas were Federal Practice, Electronic Discovery, Employment and Discrimination Law, Business Entity Disputes, Property Disputes, Estates Litigation, as well as general civil litigation. From February 2014 to November 2016, he served as Deputy Corporation Counsel and special labor counsel for the City of Port Jervis.

Professor Fox has been very active with the American Bar Association, New York State Bar Association, and Orange County Bar Association. He is presently the Vice President for the Ninth Judicial District of the NYSBA, and a member of the NYSBA Executive Committee and House of Delegates. He is also a former Delegate to the ABA House of Delegates (2008-2014), and previously served as a Delegate to the NYSBA House of Delegates from 2008 to 2014, and as a Member-at-Large of the Executive Committee from 2015 to 2017. He is also a member of the Commercial & Federal Litigation Section and Trial Lawyers Section of NYSBA, and is a past Chairperson of the Young Lawyers Section (one of the largest NYSBA Sections), and is a past Secretary and Treasurer of that Section. Michael also serves on the NYSBA Committee on Professional Discipline and the Committee on Legal Education and Admission to the Bar, among others; he co-chairs the Committee on Electronic Discovery of the ComFed Section; and is Executive Committee Liaison to the Intellectual Property Law Section, and the Committee on Technology & the Legal Profession. He is the Chair of the Association’s Standing Committee on Publications and Communications. Professor Fox formerly chaired the Executive Committee Subcommittee on Association Publications; served as YLS Program Co-Chair for the 2009 two-day Bridge-the-Gap CLE Program during NYSBA annual meeting; and was Co-Chair of the 2012 and 2014 YLS Trial Academy programs at Cornell Law School. He was a member of the Critique Faculty for the 2013, 2014, 2015 and 2016 YLS Trial Academy programs at Cornell Law School; and in 2017 and 2018, he served as a team leader and lecturer at Trial Academy. Professor Fox is a member of the ABA, and its Business Law Section; he is a former member of the ABA’s Litigation Section. Professor Fox currently serves on the Board of Directors of the Orange County Bar Association, and is a Past Chair of the OCBA Speakers Bureau. He is a member of the New York City Bar.

Professor Fox has authored or co-authored articles and CLEs, and spoken at programs and symposia, concerning Federal civil procedure, attorney-client privilege & work product, electronic discovery, evidence, professional ethics, and employment law.

Maura R. Grossman, Esq. Maura Grossman Law 503 East 78th Street, Apt. 1A New York, NY 10075 (519) 888-4567 [email protected]

As of June 2016, Maura R. Grossman is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo, in Ontario, Canada, as well as an eDiscovery attorney and consultant in New York City. Previously, Maura was Of Counsel at Wachtell, Lipton, Rosen & Katz, in New York, where for 16½ years, she represented Fortune 100 companies and major financial services institutions in corporate and securities litigation, including civil actions and white collar criminal and regulatory investigations, and advised lawyers and clients on legal, technical, and strategic issues involving eDiscovery and information governance, both domestically and abroad.

Maura is a well-known and influential eDiscovery lawyer. She is described in Who’s Who 2015 E-Discovery Analysis as “‘sensational’ according to her peers and . . . a ‘go-to’ in the area.” Chambers & Partners USA 2015 Litigation: E-Discovery describes her as “the best- known person in the area of technology-assisted review; a superstar among superstars.” Maura’s scholarly work on TAR, most notably,Technology-Assisted Review in E-Discovery Can Be More Effective and More Efficient Than Exhaustive Manual Review, published in theRichmond Journal of Law and Technology in 2011, has been widely cited in case law, both in the U.S. and abroad. Her longstanding contributions to eDiscovery technology and process, including her multiple patents relating to TAR, were featured in the February 2016 issue of The American Lawyer.

Since 2010, Maura has served as co-chair of the eDiscovery Working Group advising the New York State Unified Court System. She has served as a court-appointed special master, neutral/mediator, and eDiscovery expert to the court in multiple high-profile federal cases. She has provided eDiscovery training to federal and state court judges, by invitation of the court, and has testified, on several occasions, before the Advisory Committee on the Federal Rules of Civil Procedure and the Advisory Committee on Evidence Rules, at their invitation. Maura is an adjunct professor at Columbia Law School and the Georgetown University Law Center, where she teaches courses on eDiscovery. She previously taught at Rutgers Law School–Newark and Pace Law School.

Since 2012, Maura has been a member of the Steering Committee of The Sedona Conference® Working Group 1 on Best Practices for Electronic Document Retention and Production. Since 2008, she has been involved in the National Institute of Standards and Technology’s Text Retrieval Conference (“TREC”); in 2010 and 2011, as a coordinator of the Legal Track, and since 2015, as a coordinator of the Total Recall Track. Maura serves on the Advisory Boards of Bloomberg BNA’s Digital Discovery & e-Evidence Report, the Georgetown University Law Center’s Advanced eDiscovery Institute, and the Benjamin N. Cardozo School of Law’s Cardozo Data Law Initiative.

Maura graduated with an A.B., magna cum laude, from Brown University. She earned M.A. and Ph.D. degrees in Clinical/School Psychology from the Gordon F. Derner Institute of Advanced Psychological Studies at Adelphi University, and a J.D., magna cum laude, Order of the Coif, from the Georgetown University Law Center. While at Georgetown, Maura served as Executive Notes and Comments Editor of the Georgetown Law Journal. Hon. Shirley Werner Kornreich (Ret.)

Case Manager

Annie Goodwin T: 212-607-2791 F: 212-751-4099 620 Eighth Avenue, 34th Floor, New York, NY 10018 [email protected]

General Biography

Hon. Shirley Werner Kornreich (Ret.) joins JAMS after serving as a judge in New York State for nearly 24 years, including nine years in the Commercial Division of Supreme Court, New York County. Judge Kornreich presided over both bench and jury trials, and oversaw complex litigation, including the Bextra/Celebrex New York State cases (coordinated with the federal MDL/Judge Charles Breyer) and the New York State Bausch & Lomb ReNu cases (coordinated with the federal MDL /Judge David Norton). She also handled asbestos cases, numerous class actions, securities, real estate and employment litigation and corporate and contract actions. Prior to her service on the bench, Judge Kornreich worked as an appellate attorney for The Legal Aid Society, Criminal Defense Division, in both Nassau County and New York County, arguing cases in the Appellate Divisions, First and Second Departments, and the New York Court of Appeals. From October 1986 to November 1987, she was a trial lawyer with The Legal Aid Society, Criminal Defense Division, New York County, and subsequently worked as principal law assistant to Justice Ira R. Globerman in Bronx Supreme Court, Criminal Division.

ADR Experience

Over the nearly 24 years of Judge Kornreich’s time on the bench, she has settled thousands of cases involving the following areas: Business/Commercial Class Action/Mass Torts Construction Employment/Unfair Competition Non-Competes Financial Markets Insurance Professional Liability Real Property

Hon. Shirley Werner Kornreich (Ret.) | JAMS Neutral | General Biography 620 Eighth Ave. • NY Times Building 34th Floor • New York, NY 10018 • Tel 212-751-2700 • Fax 212-751-4099 • www.jamsadr.com Page 1 of 3 Representative Matters

During her tenure on the bench, Judge Kornreich presided over the most complex of commercial cases. Select examples include: Schindler v. Niche Media Holdings, LLC, 1 Misc 3d 713 [Sup Ct, NY County 2003] First court in New York to analyze the meaning of the LLC dissolution statute, Section 702 of the LLC Law. Judge Kornreich’s “failing financially” standard was adopted by the Appellate Division – Second Department in the Matter of 1545 Ocean Avenue, LLC, 72 A.D.3d 121 (2d Dept. 2010). JG Club Holdings, LLC v. Jacaranda Holdings, LLC, [35 Misc 3d 1217 (A)] [Sup Ct, NY County 2012] Presided over business dissolution of whether a member of an LLC had standing to sue to dissolve the entity Zelouf v. Zelouf, 2013 NY Slip Op 32073 (U) [Sup Ct, NY County 2013] Presided over matter involving a freeze-out merger of a corporation cashing out a minority’s shareholder’s interest in the business Slayton v. Highline Stages, LLC [46 Misc 3d 450] [Sup Ct, NY County 2014] Presided over matter involving Section 407 of the LLC law Shawe v. Elting, 2017 NY Slip Op 31406 (U) [Sup Ct, NY County 2017] Presided over TransPerfect global litigation emanating from Delaware Court of Chancery

Honors, Memberships, and Professional Activities

Academy of Court Appointed Masters, Civil Justice Award New York County Lawyers Association, Hon. Louis J. Capozzoli Award Member and Lecturer, New York City Bar Association Member, Women’s Bar Association Member, American Law Institute Member, Committee on Pattern Jury Instructions of the Association of Supreme Court Justices of the State of New York Co-Contributor, West Publications’ Third Edition of Commercial Litigation in New York State Courts and the report on “Faster-Cheaper-Smarter Litigation” of the Commercial and Federal Litigation Section of the State Bar Member and Board of Directors, Past Co-President, Judges and Lawyers Breast Cancer Alert (JALBCA) Member and Lecturer, New York State Bar Association Lecturer, American Bar Association Lecturer, New York Country Lawyers Association Lecturer, New York State Judicial Institute Lecturer, Practising Law Institute Lifetime Achievement Award, JALBCA Participant, moot court programs, New York University School of Law, Columbia Law School, Brooklyn Law School and Cardozo School of Law Speaker, State Bar’s Commercial Litigation Academy Labor and Employment Annual Meeting Speaker, State Bar’s Business Court Panel (focusing on the Delaware Chancery Court)

Background and Education

Justice, New York Supreme Court, Commercial Division, 1st Judicial District of New York, 2009–2018 Acting Justice, New York Supreme Court, Civil Term, 1st Judicial District of New York, 2002–2009 Judge, New York City Civil Court, 1995–2007 Principal Law Assistant, Hon. Ira R. Globerman, Bronx Supreme Court, Criminal Division Trial Lawyer, Legal Aid Society, Criminal Defense Division, 1988–1995 Appellate Attorney, Legal Aid Society, Criminal Defense Division, Nassau County and New York County, 1985– 1988 J.D., New York University School of Law, 1975 B.A., New York University, Phi Beta Kapa, cum laude, 1972

Arbitration Business/Commercial Class Action & Mass Tort Construction Employment Financial Markets Insurance Professional Liability Real Property

LOCATIONS

New York, New York ›

Available nationwide ›

Disclaimer This page is for general information purposes. JAMS makes no representations or warranties regarding its accuracy or completeness. Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Kerri Ann Law

Partner, Chair, Hiring Committee

New York

T 212.715.9128 F 212.715.8128

[email protected]

Kerri Ann Law is an experienced trial lawyer and counselor with a diverse practice representing clients, including Fortune 500 companies, in complex commercial litigation in both state and federal courts, as well as in domestic and international arbitration forums. She also represents companies and individuals in connection with sensitive and high-profile criminal and regulatory matters, and related civil matters. On behalf of her clients, Kerri Ann regularly interacts with the Securities and Exchange Commission, the U.S. Department of Justice, the Manhattan District Attorney’s Office and other governmental agencies.

Among her more notable representations, Kerri Ann secured a multimillion-dollar jury victory for a manufacturing company in an unfair competition case. The jury found that the defendant had stolen trade secrets relating to unique and state-of-the-art manufacturing processes that the plaintiff had developed over decades. Kerri Ann represented Bear Stearns in several shareholder derivative actions and class actions arising out of the collapse of two hedge funds in 2007. She also represented an individual in a putative class action alleging manipulation of the platinum and palladium markets, including the trading of futures contracts, in violation of the Commodity Exchange Act, the Sherman Antitrust Act, and the Racketeer Influenced and Corrupt Organizations Act.

Kerri Ann has litigated numerous false advertising matters for pharmaceutical and other companies. Legal 500, which ranked Kramer Levin’s advertising practice “in the top tier,” designated Kerri Ann as a “highly recommended” counsel in this area. Among other representations, Kerri Ann successfully defended AstraZeneca in a false advertising suit related to the company’s Nexium product.

Legal 500 also designated Kerri Ann as a “recommended” counsel for her employment litigation practice, which includes representing and advising companies in employment disputes alleging discrimination, sexual harassment and retaliation, and violations of the Fair Labor Standards Act, as well as those arising from employment contracts. Kerri Ann successfully defended several subsidiaries of one of the world’s largest financial services companies in an arbitration commenced

Attorney Advertising. ©2018 KRAMER LEVIN NAFTALIS & FRANKEL LLP Prior results do not guarantee a similar outcome. All Rights Reserved. by a former manager, who asserted a breach of contract claim in connection with her termination. Kerri Ann also achieved a favorable settlement of allegations of wage and hour violations under the Fair Labor Standards Act and New York’s Labor Law for a client in the travel industry.

Kerri Ann undertakes many pro bono matters, with a particular focus on human rights. She successfully obtained asylum for a woman who had been repeatedly persecuted in Kosovo and Montenegro because of her nationality and her religious and political opinions.

Kerri Ann serves on the firm’s Executive Committee, Planning Committee, Branding Committee and Women’s Initiative Committee, and as chair of the firm’s Hiring Committee. Kerri Ann has also regularly served on the firm’s Compensation Committee.

Experience

Complex Commercial Litigation and Regulatory Matters  Represents the former CFO of a consumer financial services company in several class action litigations, including two actions involving alleged violations of Section 10(b) and 20(a) of the Securities Exchange Act of 1934 based on statements in the company’s financial statements.

 Represents investors in connection with investment losses resulting from a bribery scheme involving its investment.

 Represents a consortium of New Jersey hospitals in challenging a new tiered health insurance plan.

 Represents a manufacturing company in an unfair competition litigation.

 Represented a non-U.S. company in an arbitration before the International Court of Arbitration, in which the claimant sought more than $100 million in damages based on claims of breach of contract and fraud.

 Represented an individual in a putative class action based on the alleged manipulation of the platinum and palladium markets, including the trading of futures contracts, in violation of the Commodity Exchange Act, the Sherman Antitrust Act, and the Racketeer Influenced and Corrupt Organizations Act.

 Represented a leading financial institution in connection with an SEC subpoena concerning an investor under investigation for possible insider trading.

 Represented a prominent bank in a dispute with the Internal Revenue Service concerning whether that entity has the requisite nexus with New York State to subject it to tax liability.

 Represented Conor Medsystems Ireland, an entity acquired by Johnson & Johnson, in connection with a claim for breach of a distribution contract.

KRAMER LEVIN NAFTALIS & FRANKEL LLP 2  Represented Bear Stearns in both civil and criminal proceedings arising out of the collapse of two investment funds related to the subprime mortgage crisis.

 Represented a senior executive at a major financial institution in various actions by investors seeking damages for investment losses suffered as a result of a Ponzi scheme by their investment adviser.

 Represented one of the leading international insurance organizations in an arbitration commenced by another leading insurance organization alleging breach of contract claims related to tax credits.

 Represented an independent director of a Bahamian investment company, and that director’s investment banking firm, against claims of breach of fiduciary duty, fraud and negligence asserted in connection with work performed by the director and his firm for that investment company.

Employment Litigation  Represents a leading financial institution in an arbitration involving claims of gender discrimination, hostile work environment and retaliation.

 Represented several subsidiaries of one of the world’s largest financial services companies in an arbitration in which a former manager brought a breach-of-contract claim in connection with her termination.

 Represented and achieved a favorable settlement for a company in the travel industry, in litigation involving claims of violations under the Fair Labor Standards Act and New York State’s Labor Law.

 Represented a major financial institution against claims for race discrimination and achieved summary judgment in the client’s favor.

 Represented a major financial institution against claims of gender discrimination and sexual harassment.

Advertising Litigation  Represented Procter & Gamble Co. in a false advertising suit by a competitor alleging that superiority claims concerning a feminine hygiene product were false and misleading.

 Represented AstraZeneca in a false advertising suit challenging AstraZeneca’s advertising for Nexium, one of the country’s best-selling prescription drugs.

 Represented Johnson & Johnson in a consumer fraud class action brought on behalf of consumers of contact lenses.

KRAMER LEVIN NAFTALIS & FRANKEL LLP 3  Represented Johnson & Johnson in a Lanham Act suit the company brought against a competitor in the contact lens market and successfully obtained an agreement by the competitor to stop making certain advertising claims.

 Represented Johnson & Johnson Vision Care Inc., maker of ACUVUE-brand contact lenses, in a challenge before NAD concerning advertising by Bausch & Lomb Inc. (B&L) for its competing ULTRA contact lens product. NAD recommended that B&L discontinue its claims to eye care professionals that ULTRA lenses “have significantly more PVP (4x as much of the wetting agent) than [ACUVUE OASYS lenses]”; that ULTRA lenses have “best-in-class properties for best-in-class performance”; and that ULTRA lenses are “Patient preferred for end-of-day comfort over the leading silicone hydrogel lenses ... 2 to 1 vs. ACUVUE OASYS.” NAD also recommended that B&L discontinue related “better comfort” and “better vision” claims that were based on a contact lens “refit” study that NAD determined to be “materially flawed” and “insufficiently reliable to support the advertiser’s comparative performance and preference claims.”

Perspectives

Publications  Author, How Interviewees Can Ask Great Questions (June 19, 2017)

 Co-author, Securities Litigation Alert: Supreme Court Holds That Defendants May Use Price Impact Evidence to Rebut the Fraud on the Market Doctrine at the Class Certification Stage in Federal Securities Fraud Actions (June 24, 2014)

 co-author, Securities Litigation Alert: Supreme Court to Resolve Uncertainty Over Time Limits to Bring Claims in Federal Securities Class Actions (March 14, 2014)

 Co-author, Securities Litigation Alert: Supreme Court to Consider Pleading Standards in Section 11 Actions (March 10, 2014)

Speaking Engagements  Speaker, ALPS Client Forum (March 1-2, 2017)

 Speaker, Fund Governance Summit: Regulatory Enforcement, Dispute Resolution and Asset Recovery: "Best Practice for Corporate Governance & Director Disputes" (October 2, 2013)

Recognition

 Thomson Reuters’ New York Super Lawyers (2014-2018)

 Legalease’s Legal 500 US (2010-2014, 2018)

Credentials

Education  J.D., Fordham University School of Law, 1995

KRAMER LEVIN NAFTALIS & FRANKEL LLP 4  Notes and Articles Editor, Fordham Law Review, 1994-1995

 Member, Fordham Law Review , 1993-1994

 Member, Moot Court Board, 1993-1994



 B.A., College of the Holy Cross, 1992

Bar Admissions  Massachusetts (inactive)

 New York, 1996

Clerkships  Honorable Joanna Seybert, U.S.D.C., Eastern District of New York, 1995-1996

Court Admissions  U.S. Supreme Court

 U.S.C.A., 2nd Circuit

 U.S.D.C., Eastern District of New York

 U.S.D.C., Southern District of New York

Professional Affiliations  New York City Bar Association

 Fordham Law School, Adjunct Professor (1997-2001)

KRAMER LEVIN NAFTALIS & FRANKEL LLP 5

Hon. Frank Maas (Ret.) JAMS New York, NY (212) 607-2785

Hon. Frank Maas (Ret.) served for 17 years as a United States Magistrate Judge for the Southern District of New York, including a two-year term as Chief Magistrate Judge. Before his appointment to the bench, Judge Maas was a federal prosecutor in the Southern District of New York, a partner in the New York City office of a large commercial litigation law firm headquartered in upstate New York, and First Deputy Commissioner of the New York City Department of Investigation. As First Deputy Commissioner, he was responsible for the day-to-day operations of an internal affairs agency and oversaw the City’s internet security efforts. Judge Maas is nationally known for his expertise in electronic discovery issues. He is a frequent speaker at the Conference on Preservation Excellence, E-Discovery Institute Leadership Summit, and other venues. Judge Maas is a member of the Federal Bar Association S.D.N.Y. Chapter Executive Committee; the Federal Bar Council; the Federal Magistrate Judges Association; the Association of the Bar of the City of New York; and, the New York State Bar Association. He has been a member of the Executive Committee of the New York State Bar Association Commercial and Federal Litigation Section since the founding of the Section. Judge Maas comes to JAMS with an exemplary reputation as a settlement judge. Comments from Counsel from the Almanac of the Federal Judiciary include: “He is an excellent settlement judge.” “He comes up with creative solutions.” “He is able to recognize what is important. Then he addresses it.” Served 17 years as a United States Magistrate Judge for the S.D.N.Y., including presiding over trials and thousands of settlement conferences, supervising pretrial discovery, and hearing dispositive and procedural motions, and has experience in the following areas:

• Aviation • Business/Commercial

• Civil Rights • Class Actions/Mass Torts • Construction/Real Property/Co-Op and Condominium • Corporate Monitoring • Electronic Discovery • Employment • ERISA • Fair Labor Standards Act • Financial Markets • Healthcare • Insurance • Intellectual Property • Maritime/Admiralty • Personal Injury/Torts • Professional Liability • Government Regulation • Insurance • Intellectual Property: copyright, trademark, unfair competition, and patents • Professional Liability • Securities • Special Master/Discovery Referee

Background and Education

• United States Magistrate Judge, S.D.N.Y, 1999-2016; Chief Magistrate Judge, S.D.N.Y., 2014-2015 • Deputy Commissioner and First Deputy Commissioner, New York City Department of Investigation, New York, NY, 1995-1999 • Deputy Commissioner and Special Counsel, New York City Department of Business Services, 1995-1999 • Partner, Associate, Phillips, Lyle, Hitchcock, Blaine and Huber, 1986-1995 • Assistant United States Attorney Criminal Division , United States Attorney’s Office, S.D.N.Y., 1980-1986 • Securities and Commodity Fraud Unit, 1983-1986 • Associate, Curtis Mallet-Prevost Colt and Mosle, 1978-1980 • Law Clerk, Hon. Henry F. Werker, U.S.D.C., S.D.N.Y., 1976-1978 • New York University School of Law, J.D., 1976 • Harpur College, State University of New York at Binghamton, B.A., 1972

Roger Juan Maldonado, Esq. Smith, Gambrell & Russell, LLP New York, NY (212) 907-9741 [email protected]

Roger Juan Maldonado is a Partner in the Litigation Practice of Smith, Gambrell & Russell, LLP. He is a trial lawyer, commercial litigator, and leader of the organized bar with more than 35 years’ experience.

Mr. Maldonado represents musicians, publishers, and record labels in litigation to enforce their copyrights and contractual rights. He also assists corporate and commercial institutions in litigation involving claims arising from software development/license disputes, lease agreements, and contract disputes. Mr. Maldonado has a great deal of experience litigating, arbitrating, and mediating claims involving employment discrimination, employment contracts, and restrictive covenants on behalf of professionals, partnerships, and corporations. In addition to corporate matters, he litigates state and federal environmental and land use review cases in trial and appellate courts.

Mr. Maldonado uses his fluency in Spanish to represent the interests of various Hispanic and American businesses, government entities and individuals, as well as to investigate allegations of corporate wrongdoing and discriminatory employment practices. He represents students in federal class actions involving special education services as well as government and commercial creditors with claims in bankruptcy reorganization and liquidation proceedings. Mr. Maldonado advises developers, community groups, and entrepreneurs in litigation involving complex real estate transactions.