Attention:

Admissibility of Electronic Evidence at Trial


Level: Advanced
Runtime: 82 minutes
Recorded Date: January 15, 2020
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Agenda

  • Evidence Overview
  • General Personal Jurisdiction
  • Introduction of Digital Evidence/ESI
  • Issues Regarding Experts
  • ABI Expert Hypothetical
Runtime: 1 hour, 22 minutes
Recorded: January 15, 2020

Description

This session will feature a mock trial of a fraudulent-transfer case demonstrating email, Facebook, Instagram, smartphone, messaging and metadata issues.

This program was recorded as part of American Bankruptcy Institute's Alexander L. Paskay Seminar on Bankruptcy Law and Practice 2020 held on January April 15th, 2020.

Provided By

American Bankruptcy Institute

Panelists

Julia Tarver-Mason Wood

Partner, Litigation Department
Paul, Weiss, Rifkind, Wharton & Garrison, LLP

Julia Tarver Mason Wood is a partner in the Litigation Department of Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York and has experience litigating a wide array of complex commercial matters, including securities, bankruptcy, class action, product-liability and antitrust litigation. She has also done extensive pro bono work in the area of the death penalty, among others.

Ms. Wood has tried multiple jury, bench and arbitration cases to verdict in federal and state courts around the country, while helping to settle others on the eve or in the midst of trial. In addition, she has argued complex appellate matters before U.S. courts of appeals.

Ms. Wood is a former secretary of the New York City Bar Association’s Committee on Capital Punishment. In 2000, she received the New York State Association of Criminal Defense Lawyers’ Gideon Award for her representation of attorneys in a lawsuit challenging New York’s capital counsel fees.

Ms. Wood received her B.A. in 1993 Phi Beta Kappa from Rhodes College and her J.D. in 1996 from Columbia Law School, where she was a Harlan Fiske Stone Scholar, served as managing editor of the Columbia Law Review and was awarded Columbia Law School’s two highest prizes for trial advocacy. Following law school, she clerked for Hon. Sonia Sotomayor of the U.S. District Court for the Southern District of New York.

Jayant W. Tambe

Practice Leader, Financial Markets
Jones Day

Jayant W. Tambe is the practice leader of Jones Day’s newly formed global Financial Markets practice, a team of over 320 lawyers around the world who represent financial institutions, funds, asset managers, fintech companies, issuers and corporates in transactions, litigations and regulatory matters. He is based in New York.

Mr. Tambe advises clients on litigations concerning securities, derivatives, credit default swaps, collateralized debt obligations and other financial products. Many of his cases involve cross-border disputes, and he is well-versed in navigating international discovery and judgment enforcement. He has litigated significant claims involving CLOs, CDOs, CLNs and other structured finance investments in the New York state and federal courts, including many precedent-setting CDO litigations. Mr. Tambe routinely provides pre-litigation advice on documentation and risk-mitigation and is a frequent speaker on complex financial products.

Mr. Tambe received his B.A. in economics with honors in 1989 from the University of Toronto and his J.D. cum laude in 1992 from the University of Notre Dame.

Joseph L. Sorkin

Partner
Akum Gump Strauss Hauer & Feld, LLP

Joseph L. Sorkin is a trial attorney with Akin Gump Strauss Hauer & Feld LLP in New York and regularly represents clients engaged in contentious disputes related to corporate restructuring. He also handles a full range of contested matters and adversarial proceedings in complex chapter 11 proceedings. Mr. Sorkin’s clients include creditors, debtors, bondholders, hedge funds, institutional investors, financial institutions and ad hoc and official creditors’ committees. He devotes time to pro bono matters and is the chair of the New York Office Pro Bono Committee.

Mr. Sorkin has supervised or worked directly on matters with The Legal Aid Society, Her Justice, The Bronx Defenders, Human Rights First, New York Legal Assistance Group (NYLAG) and Lawyers Without Borders.

Joseph received his B.A. in 1994 from the University of North Carolina at Chapel Hill and his J.D. cum laude in 2001 from the University of Wisconsin Law School.

Lauri Sawyer

Partner
Jones Day

Lauri W. Sawyer is a trial lawyer with Jones Day in New York, where she litigates complex disputes in federal and state courts, as well as in domestic and international arbitral forums. She has experience litigating cases involving structured financial products and derivatives.

Ms. Sawyer was previously derivatives counsel to Lehman Brothers Holdings and its affiliated debtors and tried the first derivatives cases in the Lehman bankruptcy. Her trial experience extends beyond the financial arena and includes disputes involving securities, constitutional and voting issues, project finance, advertising and asylum.

Ms. Sawyer has participated in foreign court proceedings and appeals, as well as worldwide discovery and enforcement efforts. She also regularly lectures on litigation and on e-discovery issues. Ms. Sawyer is strongly committed to pro bono service, especially for clients with family law and immigration issues. She is the Pro Bono partner for the firm and was recognized as an Equality Trailblazer by the National Law Journal.

Ms. Sawyer received her B.A. cum laude in international studies in 1992 from the University of Denver, her M.A. in Russian studies in 1994 from the University of Washington and her J.D. magna cum laude in 1997 from Mercer University.

Jacqueline P. Rubin

Partner
Paul, Weiss, Rifkind, Wharton & Garrison, LLP

Jacqueline P. Rubin is a partner in the Litigation Department of Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York. She co-chairs both the firm’s Bankruptcy Litigation Group and its Professional Responsibility Committee. Ms. Rubin handles a broad range of complex commercial and bankruptcy litigation matters, regulatory and internal investigations and other complex business disputes. She has experience representing individual creditors and official and ad hoc creditor committees in contentious restructuring and liability management matters.

Ms. Rubin maintains a significant pro bono practice and is active in the community. Recently, she handled several cases and appeals on behalf of unaccompanied children seeking to secure lawful permanent residence in the U.S. She is also a member of the board of directors of Mobilization for Justice, which offers free legal help to low-income New Yorkers.

Ms. Rubin was recently recognized by Law360 as one of four “Rising Stars” nationally in the health industry for her work on behalf of pharmaceutical and medical device manufacturing companies. She was also recognized by The Legal 500 US (2016-17) as a leading lawyer in the antitrust area.

Ms. Rubin received her B.A. Phi Beta Kappa in 1995 from Wesleyan University and her J.D. in 2000 from Columbia Law School.

Hon. Mindy A. Mora

Judge
U.S. Bankruptcy Court, Southern District of Florida

Hon. Mindy A. Mora is U.S. Bankruptcy Judge for the Southern District of Florida in West Palm Beach, appointed on April 6, 2018. In 2014, she was named a Fellow of the American College of Bankruptcy, and in 2016, in light of her professional achievements in the area of commercial finance, she was named a Fellow in the American College of Commercial Finance Attorneys. She also previously chaired the Business Law Section of The Florida Bar.

Previously, Judge Mora was active in the development of Florida’s commercial laws, having chaired the Florida Bar Task Force that sponsored the 2007 revisions of the Assignment for the Benefit of Creditors Statute (chapter 727, Florida Statutes); co-sponsored the 1997 revisions to Article 8 and the 1999 revisions to Article 9 of the Uniform Commercial Code (chapters 678 and 679, Florida Statutes); led a task force for the Business Law Section of The Florida Bar on revisions to Florida’s foreclosure laws, which resulted in the enactment of Fla. Stat. §702.12; and served on a committee studying the Uniform Commissioner’s proposed Uniform Real Estate Receivership Act. She has often lectured and published articles about insolvency, restructuring, and commercial lending.

Judge Mora continues to serve on the Eleventh Circuit Council of the American College of Bankruptcy and is a member of the Business Law Sections of the American Bar Association and The Florida Bar, as well as the Association of Commercial Finance Attorneys, the Bankruptcy Bar Association of South Florida, the International Women’s Insolvency & Restructuring Confederation, ABI and the National Conference of Bankruptcy Judges, for which she serves on its Technology and New Member Committees. She received her B.B.A. from Geo

Hon. Michael G. Williamson

Chief Judge
U.S. Bankruptcy Court, Middle District of Florida

Hon. Michael G. Williamson is Chief U.S. Bankruptcy Judge for the Middle District of Florida in Tampa, initially appointed as bankruptcy judge in March 2000 and as chief judge on Oct. 1, 2015. He is also an adjunct professor at Stetson University College of Law, where he teaches bankruptcy law, and he co-authored West’s Bankruptcy Law Manual.

Judge Williamson served as a chapter 7 panel trustee from 1977-79 and represented numerous chapter 11 corporate debtors, creditors’ committees and trustees in bankruptcy cases throughout Florida for 20 years afterward. He is a past chair of the Committee on Creditors’ Rights for the Section of Litigation of the American Bar Association, past chair of the Business Law Section of the Florida Bar and its Bankruptcy/UCC Committee, and a Fellow in the American College of Bankruptcy.

Judge Williamson received his undergraduate undergraduate degree from Duke University in 1973 and his J.D. from Georgetown University Law Center in 1976.

Abid Qureshi

Partner
Akin Gump Strauss Hauer & Feld LLP

Abid Qureshi is a partner with Akin Gump Strauss Hauer & Feld LLP in New York, where he advises on the full range of complex financial restructuring litigation in bankruptcy and appellate courts; leads litigation teams in hotly contested proceedings, including First Energy Solutions Corp., Momentive Performance Materials, Inc., Avaya Inc. and Seadrill Limited; and represents debtors, creditors, bondholders, hedge funds, institutional investors, and ad hoc and official creditors’ committees.

Mr. Qureshi also handles bankruptcy appellate issues at both the district and circuit court levels. He is a frequent speaker and writer on bankruptcy-related issues and has also testified before the Advisory Committee on Bankruptcy Rules regarding recent amendments to the Bankruptcy Rules.

Mr. Qureshi has been involved in contested plan-confirmation proceedings, valuation disputes, cramdown disputes make-whole and no-call claims, fraudulent-transfer and preference actions, breaches of fiduciary duty, fraudulent-transfer claims, asset sales and valuation proceedings. He has been listed in The Legal 500 (recommended in Finance-Corporate Restructuring from 2016-18), The Best Lawyers in America for Bankruptcy Litigation from 2012-18, Benchmark Litigation as a U.S. Bankruptcy Litigation Star from 2013-17 and as a New York Litigation Star from 2013-17, and IFLR1000 United States as a Notable Practitioner in Restructuring and Insolvency for 2019.

Mr. Qureshi received his B.A. with highest honors in 1991 from the University of British Columbia, his J.D. in 1994 from the University of Toronto and his LL.M. with merit in 1996 from the London School of Economics and Political Science.


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