DC1312264.2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
- against -
STEVEN BYERS, JOSEPH SHERESHEVSKY,WEXTRUST CAPITAL, LLC, WEXTRUST EQUITY PARTNERS, LLC, WEXTRUST DEVELOPMENT GROUP, LLC, WEXTRUST SECURITIES, LLC, and AXELA HOSPITALITY, LLC,
Defendants,
- and - ELKA SHERESHEVSKY, Relief Defendant.
No. 08 Civ. 7104 (DC)
ECF Case
DECLARATION OF MARK S. RADKE IN SUPPORT OF THE RECEIVER’S
RESPONSE TO (I) VARIOUS OBJECTIONS TO THE FIRST JOINT MONTHLY APPLICATION OF THE RECEIVER AND DEWEY & LEBOEUF, LLP FOR
ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIOD AUGUST 11, 2008 THROUGH AUGUST 31, 2008
AND (II) THE COURT’S ORDER OF DECEMBER 15, 2008
I, Mark S. Radke, pursuant to 28 U.S.C. § 1746, declare as follows:
1. I am a partner with the law firm of Dewey & LeBoeuf LLP and counsel in this
action to the Receiver, Timothy J. Coleman. I am a member of the Bar of the District of
Columbia and am admitted pro hac vice in this matter.
2. Attached hereto as Exhibit A is a true and correct copy of a letter dated July 3,
2008 from the Receiver, Timothy J. Coleman, to counsel for the Securities and Exchange
DC1312264.2
Commission outlining Dewey & LeBoeuf LLP’s fee proposal for this matter. The firm
biographical and informational materials that were attached to this letter have been omitted from
the exhibit.
3. Attached hereto as Exhibit B is a true and accurate copy of the Connections
Disclosure Chart prepared by Dewey & LeBoeuf LLP.
4. Attached hereto as Exhibit C is a true and accurate copy of the Supplemental
Connections Disclosure Database prepared by Dewey & LeBoeuf LLP.
5. Attached hereto as Exhibit D is a true and correct copy of a document providing a
summary of all Dewey & LeBoeuf LLP partners, counsel, and associates who billed substantial
amounts of time during the First Application Period (including all associates who billed $20,000
or more during that period), their respective billing rates, and their respective law school
graduation years. The First Application Period ran from August 11, 2008 through August 31,
2008.
6. Attached hereto as Exhibit E is a true and correct copy of a document providing
short biographical summaries of the Dewey & LeBoeuf LLP partners, counsel, and associates
who billed substantial amounts of time during the First Application Period.
7. The Receiver and Dewey & LeBoeuf LLP have been advised by Deloitte that
actions taken by the Receiver and Dewey & LeBoeuf LLP to implement cost-cutting measures in
this matter are projected to save the receivership estate approximately $8.5 million in cash
through December 31, 2008.
DC1312264.2
Dated: December 18, 2008 Respectfully Submitted,
s/ Mark S. Radke___________________________ MARK S. RADKE, pro hac vice DEWEY & LEBOEUF LLP 1101 New York Avenue, NW Washington, DC 20005-4213 Telephone: (202) 346-8076 Facsimile: (202) 346-8102
Counsel for Timothy J. Coleman, Receiver for the Wextrust Entities and Affiliates
EXHIBIT A
EXHIBIT B
CH 24643.1 100196 000001 12/15/2008 03:06pm
CONNECTIONS DISCLOSURE CHART
Client Or Client Affiliate Name Nature of Representation Connection With Wextrust Deutsche Bank National Trust Co. (Client) Corporate; Finance; Litigation; Bankruptcy
Insurance; Finance; Eurobonds; Employee Relations; Tax
Plaintiff in mortgage foreclosure action in Florida state court; Wexford High Yield Fund I (defendant and second mortgagee); little or no equity in condos; final judgment entered on 11/20/08.
Wachovia Mortgage FSB (Affiliate of Clients)
Insurance; Bankruptcy; Finance; Securitizations
Plaintiff in mortgage foreclosure action in Florida state court; Wexford High Yield I (defendant and second mortgagee); little or no equity in condo.
Wells Fargo Bank Minnesota, NA (Affiliate of Clients); Wells Fargo Bank, NA (Client)
Project Finance; Equipment Leasing; Insurance; Corporate Trust
Plaintiff in mortgage foreclosure action in Illinois state court; defendant; 318 W. Adams, LLC (defunct entity with no assets); also Wells Fargo Bank holds mortgages on Interstate Office Park and Hammond Industrial (not in default)
Nationwide Life Insurance Co. Insurance; Insurance Regulation; Corporate Governance; Litigation; Derivatives
Holds mortgage on Park Village Holdings (not in default)
EXHIBIT C
CH 24442.1 100196 000001 12/15/2008 12:50pm
119 East 101st Street 2435 W. Belmont Developments, LLC 2825 Oakley, LLC 4529 Columbus Avenue, LLC 625 W. Division Condominiums, L.P. Abraham Schnitzler Ahuva Manela Amalgamated Bank Ami Hadad Amnon Cohn Anchor Mechanical, Inc. Anita Goyal Avi Benamu B.Z. Corporation Barrington Bank & Trust Beautiful Finishes, Inc. Belle Meade Drugs Broadway Bank Brown Rudnick Bryan D. Ogden, Ltd. Camp Flooring and Concrete Coatings, Inc. Cap Financial CV3, LLC CD Belmont, LLC CD Oakley, LLC Centerstone Development Chicago Brick & Stone, Ltd. Citizen’s Bank City of Anderson, Indiana Commercial Resources Construction Co. Complete Flooring, Inc. Contractors Access Equipment Co., Inc. Craig Walker Dafna Hadad David Wayne Carpenter Contractors, Inc. Dechert Deutsche Bank National Trust Company Dominion Tower Financial Associates Dov Bertman DuPage Aerospace Corp. E.Z. Masonry, Inc. Eastcastle, Ltd. Eastman Construction Co. Edward Hines Lumber Co. Environbusiness Exclusive Construction Service Exclusive Construction Services, Inc.
First Bank First Bank & Trust of Illinois First Tennessee Bank Four Beed-DT, LLC Frederick Walker G&H Partners Gary A. Gurvey Gary Baskin Gold Coast Investors, LLC Gracie Capital, Inc. Green Bank Hank Haff David Hausdorff Heritage Bank HJH Hinsdale, LLC Hubinger Landscaping Corporation Huff, Poole & Mahoney Hyde Park Station, LLC Illinois Brick Company Janie Tisdale Jason Ben-Zeev Jeffrey Levitin John Beck John Breugelmans Joseph Friedman Joshi Ajay Judah Kravitz Julie Demski K.J. Electric, Inc. Kurt Summers Lakeside Bank Larry Costa Laura Lee Properties, LLC Lincoln Park Hotels Loan Investment Fund Longview Ultra I Construction Lorusso Cement Contractors, Inc. Marcella Weissman Maria Calzada Marianne Beck Matthew Gurvey MB Financial Meg Crown Point Development Mellissa Gurvey Metallic Building Co. Michael Gorney
CH 24442.1 100196 000001 12/15/2008 12:50pm
2
Michael Mostofsky Michael van der Mewre Michelle Cote Midstates Precast Industries Monarch Fire Protection Mr. David’s Carpet Service, Ltd. Much Shelist Mystique Contracting, Inc., Nationwide Life Insurance Norman Mechanical, Inc. Northwest Millwork Co. Nova Fire Protection Co. Orford Nicholoas Orgin Capital P. Walker Bros., Inc. Paul Adrian Paul Zivalich Pebblewood Court Apartments Poole Huff Prime Rate Prime Scaffold, Inc. Q&Q Limited Partnership R.E.O. Acquisitions of Florida, Inc. RAIT Financial, L.P. Regions Bank Richard Rodriquez S&K Dalen, Inc. d/b/a Carpet Showcase Santucci Plumbing
Schoman Updike Sedco, Ltd. Shamrock Electric Co. Inc. Shelter Distribution Sheran Gabriel Shimmy Krasner Shlomo Yoffee Snyder, Cohn, Collyer, Hamilton & Associates, P.C. Soderlund Bros., Inc. State Mechanical Services, Inc. Steiner Electric Co. Sullivan Worcester The Carpetbaggers, Inc. Thomas Zazzi Trowbeck Condominium Association, Inc. Twin Oaks Landscaping, Inc. Universal Restoration Services W. Kost Manufacturing Co., Inc. Wachovia Mortgage FSB Wells Fargo Bank Minnesota West 82nd Street Holdings Wexford Capital, LLC Wexwater, LLC White Stone Management, LLC World Savings Bank FSB Zuckerman Brothers Zvi Gluck
EXHIBIT D
Timekeeper
Rate
Total Billed
Law Sch. Grad Yr.
Radke, M. $875 $115,937.50 1982 Cleary, D. $725 $94,902.50 1987 Schmeltz, V. $625 $100,625.00 1997 Khambati, M. $625 $111,437.50 1998 Moore, R. $605 $102,335.75 1998 Dabo, M. $550 $96,195.00 2001 Amato, J. $550 $31,900.00 2002 Coleman, I. $605 $165,891.00 2002 Trum, S. $605 $50,094.00 2002 Westhoff, B. $605 $76,109.00 2002 DiRisio, M. $550 $72,985.00 2003 Ranchhoojee, R.1 $470 $49,115.00 2003 Kahn, K. $550 $73,535.00 2004 Riley, N. $550 $93,610.00 2004 Whitener, J. $550 $50,545.00 2004 Green, B. $515 $57,886.00 2005 Chen, T. $475 $102,647.50 2006 Larsen, N. $475 $64,220.00 2006 Levin-Epstein, J. $475 $22,325.00 2006 Cotner, J. $425 $53,252.50 2007 Dennis, M. $425 $55,760.00 2007 Lebwohl, A. $425 $32,385.00 2007 Lin, Y. $425 $51,637.50 2007 Newhouse, J. $425 $63,580.00 2007 Warren, J. $425 $56,737.50 2007
1 R. Ranchoojee is based in the South Africa office of Dewey & LeBoeuf. The rates for attorneys in that office are different from the rates for U.S. attorneys.
EXHIBIT E
Dewey & LeBoeuf LLP - Radke, Mark S. http://www.deweyleboeuf.com/mark_radke/
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Washington, DC+1 202 346 8076 [email protected]
EducationGeorgetown University Law Center,1984, LL.M.
University of Baltimore School of Law,1982, J.D.
University of Washington, 1979, B.A.
Bar AdmissionsDistrict of Columbia
Maryland
Mark S. RadkePartner
Prior to joining the firm, Mr. Radke served as chief-of-staff to the chairman of theSecurities and Exchange Commission. In that capacity, he participated in the legislative shaping of the Sarbanes-Oxley Act of 2002, and in rulemaking by the SEC to implement the act.
Mr. Radke's private practice deals on counseling public companies on complexsecurities law and other regulatory issues, and in representing corporations and individuals in SEC and other governmental investigations involving securities law.
Representative MattersSEC Investigations. Mr. Radke has represented the audit committees of three Fortune 500 companies and two large international companies listed on the NYSE inconnection with internal investigations and related SEC inquiries; and represented senior officers of a half dozen Fortune 500 companies in connection with SEC inquiries and related criminal investigations;American Institute of Certified Public Accountants. He also represented the American Institute of Certified Public Accountants in connection with the SEC independence rulemaking in 2000; and SEC enforcement investigations involving Ernst & Young and PricewaterhouseCoopers;Merrill Lynch. Mr. Radke has also represented Merrill Lynch's Global Debt Group in connection with the SEC and related investigations arising from the Orange County bankruptcy in 1994; and Ashland Oil, Inc. He represented Ashland Oil and its senior executives in enforcement investigations and litigation centering on FCPA issues.
Selected ActivitiesAdjunct Professor, Georgetown University Law Center
Corporate Practice
Litigation Practice
International Litigation
Securities, M&A and CorporateGovernance Litigation
Insurers Face Repercussions of New Fair-Value Accounting Options
Dewey & LeBoeuf LLP - Cleary, David D. http://www.deweyleboeuf.com/david_cleary/
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Chicago+1 312 794 8070 [email protected]
EducationDePaul University College of Law, 1987,J.D., honors, DePaul Law Review
Arizona State University, , cum laude
Bar AdmissionsIllinois
Arizona
Court AdmissionsNorthern District of Illinois Trial Bar
U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 9th Circuit
David D. ClearyPartner
David Cleary centers his practice on distressed asset dispositions and financings,business reorganizations and bankruptcies, and debt restructurings and workouts. Herepresents debtors, committees, secured creditors, boards of directors, franchisors, bondholders, lessors, indenture trustees, trade creditors, and equity holders in restructurings and bankruptcies.
Selected ActivitiesPast Co-Chair, American Bar Association (Bankruptcy and Insolvency Committee, Section of Litigation)Past Chair, Chicago Bar Association (Rules Sub-Committee of the Bankruptcy Committee)Past Co-Chair, ABI Asset Sales Committee (Successor Liability Subcommittee)Past Co-Chair, ABI Healthcare Committee (Legislative Subcommittee)
Business Solutions &Governance
Bankruptcy Judge Rejects US-Based Request to Assist in Cayman Islands Liquidation of Bear Stearns Hedge Funds
LeBoeuf Lamb Expands Bankruptcy and Restructuring Department
Bankruptcy Judge Rejects US-Based Request to Assist in Cayman Islands Liquidation of Bear Stearns Hedge Funds Oct 03, 2007
Dewey & LeBoeuf LLP - Schmeltz III, Vincent P. (Trace) http://www.deweyleboeuf.com/vincent_schmeltz/
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Chicago+1 312 794 8095 [email protected]
EducationUniversity of Kansas School of Law,1997, J.D., University of Kansas Law Review
Principia College, 1992, B.A.
Bar AdmissionsIllinois
Missouri
Kansas
Court AdmissionsUnited States District Court for theNorthern District of Illinois, Trial Bar
Vincent P. (Trace) Schmeltz IIICounsel
Trace Schmeltz practices in the area of complex civil litigation, with an emphasis onsecurities, mergers and acquisitions (M&A), and white collar criminal litigation. He haspursued and defended claims on behalf of auditors, investment banks, corporate boards and corporations. As part of his practice, he has represented corporations in complexgovernmental investigations and has tried and assisted in the trial of several cases before judges and juries in state and federal court, including the Delaware Court of Chancery. He is also brought into cases by clients to provide "second opinions" and assist with trial strategy.
Mr. Schmeltz has served clients that include Fortune 500 companies, banks, communications firms and "Big Four" accounting firms.
Representative MattersRepresented the Court-appointed receiver for WexTrust Capital LLC and its affiliates, which were alleged by the Securities and Exchange Commission to have been part of a massive Ponzi scheme;Represented Walgreen Co. in securities litigation related to its alleged failure to disclose "trends" that might impact its future earnings;Represented The Finish Line Inc. in expedited litigation brought by UBS to avoid financing the merger between Finish Line and Genesco, Inc.;Represented the owner of Ameriquest Mortgage Company in multidistrict litigation arising from the collapse of the subprime mortgage industry, relating to the company's mortgage lending practices;Represented the Canadian Imperial Bank of Commerce (CIBC) in securities litigationand bankruptcy adversary proceedings related to the collapse of Global Crossing Ltd.;Represented Oracle Corporation, Larry Ellison and Jeff Henley in derivative and securities litigation arising from the company's failure to meet earnings projections;Represented the special committee of the board of directors of SSA Global, Inc. in an expedited class action filed by shareholders to enjoin a proposed merger;Represented Ernst & Young in securities fraud litigation related to Cendant Corporation's restatement of its publicly filed financial statements;Represented Arthur Andersen in securities fraud litigation related to Waste Management's restatement of its publicly filed financial statements;Represented Comdisco, Inc. and Comdisco Ventures in litigation related to the collapse of the company's venture capital unit after the burst of the dot-com bubble;Represented a large international bank in an informal investigation by the U.S. Securities and Exchange Commission into the bank's participation in a state-run qualified tuition plan authorized by Section 529 of the Internal Revenue Code;Managed Enron Corp.'s responses to over 40 subpoenas from various governmental bodies, including the U.S. Senate, the U.S. House of Representatives, the Department of Justice, the Federal Bureau of Investigation and the Department of Labor;Represented Tyson Foods, Inc. in an expedited lawsuit filed by IBP, inc. in the Delaware Court of Chancery to enforce a merger agreement;Served as litigation counsel to Washington Group International, Inc. in its successful, expedited, $900 million Chapter 11 reorganization; andHandled an internal investigation on behalf of the board of directors of ICG
Litigation Practice
Securities, M&A and CorporateGovernance Litigation
White Collar Criminal Defenseand Investigations
Dewey & LeBoeuf LLP - Schmeltz III, Vincent P. (Trace) http://www.deweyleboeuf.com/vincent_schmeltz/
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Communications after its stock dropped from $40 per share to approximately $.40 per share.
Presentations and Publications"Negotiating MAC Clauses," Strafford Publications Continuing Legal Education (June 2008)."Attorney and Accountant Liability Under the Securities Laws," ABA Section of Litigation Annual Meeting (April 2008)." Effective Expert Reports," Law Seminars International (September 2007)."The Ten Commandments of Managing a Mega Case," Navigant Consulting Forum (November 2006 (with Alan Salpeter)).
Dewey & LeBoeuf LLP - Khambati, Mohsin N. http://www.deweyleboeuf.com/mohsin_khambati/
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Chicago+1 312 794 8052 [email protected]
EducationUniversity of Arizona College of Law,1998, J.D., honors, Arizona InternationalLaw Journal
University of Arizona, 1995, B.A.
Bar AdmissionsIllinois
Arizona
Court AdmissionsNumerous federal bankruptcy, districtand appellate courts
Mohsin N. KhambatiSenior Counsel
Mohsin Khambati focuses his practice on corporate bankruptcy proceedings,foreclosure proceedings, and other distressed transactions, as well as general business bankruptcy-related litigation. His experience includes representation ofdebtors-in-possession, from real estate investment trusts to multisystem hospitals. Healso represents secured and unsecured lenders, indenture trustees, institutional bondholders, bondholder committees, and unsecured committees.
In addition, Mr. Khambati represents insurer clients in asbestos-related bankruptcy proceedings, as well as bondholders in non-profit hospital and power plant defaults whether within or outside the context of bankruptcy. He also represents distressedclients in out-of-court restructurings, sales, mergers, or liquidations. Recently, he hasdevoted substantial time representing client interests in the U.S. automotive industry.
Business Solutions &Governance
LeBoeuf Lamb Expands Bankruptcy and Restructuring Department
Attorney Profile
ROBIN L. MOORE
Associate
Washington, DC Office phone: +1 202 346 7837 fax: +1 202 299 1364 email: [email protected]
AREA(S) OF PRACTICE
Litigation Practice − Antitrust − White Collar Criminal Defense and Investigations
EDUCATION
George Mason University School of Law, 1998, J.D., with honors University of Georgia, 1993, B.A., cum laude
ADMITTED TO PRACTICE
Virginia
Dewey & LeBoeuf LLP - Dabo, Miatta T. http://www.deweyleboeuf.com/miatta_dabo/
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Washington, DC+1 202 346 7835 [email protected]
EducationUniversity of Baltimore School of Law,2001, J.D., magna cum laude, Staff Member, Law Review, Editor-In-Chief, Intellectual Property Law Journal
Morgan State University, 1998, M.B.A.
Morgan State University, 1997,B.S., cum laude
Bar AdmissionsMaryland
District of Columbia
Court AdmissionsUnited States Court of Appeals Maryland
U.S. Court of Appeals, 4th Circuit
U.S. District Court, District of Maryland
Miatta T. DaboAssociate
Litigation Practice
White Collar Criminal Defenseand Investigations
Dewey & LeBoeuf LLP - Amato, Jeffrey J. http://www.deweyleboeuf.com/jeffrey_amato/
1 of 1 12/17/2008 1:47 PM
New York+1 212 259 6379 [email protected]
EducationSt. John's University School of Law,2002, J.D., cum laude , Managing Editor Law Review
St. John's University, 1999, B.A., summa cum laude
Bar AdmissionsNew York
Court AdmissionsU.S. District Court, Eastern District ofNew York
U.S. District Court, Southern District ofNew York
Jeffrey J. AmatoAssociate
Jeffrey Amato is an associate with the firm's litigation department. He representscorporations, financial institutions, and professional partnerships in complex white collar and corporate internal investigations, tax litigation, IRS controversy matters, and other complex civil litigation. Mr. Amato has experience in both state and federal courts,administrative forums, as well as in arbitration and mediation.
Mr. Amato also provides pro bono representation to indigent criminal defendants in federal court and New York appellate courts.
Prior to joining Dewey & LeBoeuf LLP, Mr. Amato served as law clerk to the Honorable Arthur D. Spatt, United States District Judge for the Eastern District of New York. Priorto his clerkship, Mr. Amato was an attorney with the United States Department of Homeland Security where he prosecuted numerous civil enforcement actions against individuals, air carriers, shippers, and other regulated entities. During his tenure, hereceived an interim appointment as Special Assistant to the Chief Counsel of the Transportation Security Administration. Following his graduation from law school, Mr.Amato was an Honors Attorney with the Office of the General Counsel of the United States Department of Transportation.
Selected ActivitiesFederal Bar Council
PublicationsAuthor, The MTA, It's Not "Going Your Way"-Liability of the Metropolitan Transportation Authority Under FELA : Greene v. Long Island R.R., St. John's LawReview, Vol. 75, Issue 113 (2001).
Litigation Practice
Tax Controversy and Litigation
White Collar Criminal Defenseand Investigations
Securities, M&A and CorporateGovernance Litigation
Dewey & LeBoeuf LLP - Coleman, Ilona B. http://www.deweyleboeuf.com/ilona_coleman/
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New York+1 212 424 8000 [email protected]
EducationAmerican University, WashingtonCollege of Law, 2002, J.D., magna cum laude (top 10%); Note and Comment Editor, American University International Law Review, 2001-2002
University of California, Santa Cruz,1997, B.A.
Bar AdmissionsDistrict of Columbia
California
Not admitted to practice in New York
Court AdmissionsFederal District Court, District ofMaryland
Ilona B. ColemanAssociate
Ilona Coleman is an associate working in the white collar defense and regulatoryinvestigations department.
Her areas of practice deal in white collar criminal litigation, internal and corporate investigations, SEC investigations, representations of corporations and individuals in a wide range of government investigations and related enforcement proceedings, Foreign Corrupt Practices Act matters and complex civil litigation.
Ms. Coleman has significant experience in areas such as: representation of individuals in Foreign Corrupt Practices Act matters, internal investigations alleging violations of fraud, securities and other criminal statutes, representation of clients in matters involving the Department of Justice, Securities and Exchange Commission, congressional committees, and other federal regulatory agencies and commercial litigation.
Currently, Ms. Coleman is representing individuals involved in investigations conducted by the SEC and DOJ concerning Foreign Corrupt Practices Act violations and antitrust violations. Ms. Coleman is an active participant in the firm's pro bono program, representing clients in a variety of matters including criminal, civil and asylum representation.
Prior to joining Dewey & LeBoeuf, Ms. Coleman was a litigation associate in the Washington, DC office of Blank Rome, LLP where she handled a variety of criminal and civil matters.
Selected ActivitiesMember, American Bar AssociationMember, California Bar AssociationMember, District of Columbia Bar Association
Publications"Practicing At Your Peril: Attorneys Increasingly Face SEC Enforcement Actions and Criminal Prosecutions." Bloomberg Law Reports (August 2005).Editor, Shareholder Derivative Litigation: Besieging the Board (1995).
Litigation Practice
White Collar Criminal Defenseand Investigations
Securities, M&A and CorporateGovernance Litigation
Practicing at Your Peril: AttorneysIncreasingly Face SEC Enforcement Actions and Criminal Prosecutions
Dewey & LeBoeuf LLP - Trum, Sarah L. http://www.deweyleboeuf.com/sarah_trum/
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New York+1 212 424 8114 [email protected]
EducationVanderbilt University Law School, 2002,J.D.
University of Texas, 1999, B.A., HighHonors, Phi Beta Kappa, Golden Key National Honor Society
Bar AdmissionsNew York
Court AdmissionsU.S. District Court, Southern District ofNew York
U.S. District Court, Eastern District ofNew York
Sarah L. TrumAssociate
Sarah Trum concentrates her practice on bankruptcy and business reorganizations, inChapter 11 cases and out-of-court restructurings. She has represented official creditors' committees, secured and unsecured creditors, lessors and indenture trustees.
Selected ActivitiesAmerican Bankruptcy InstituteNew York State Bar AssociationAssociation of The Bar of The City of New York
Business Solutions &Governance
Executive Compensation and the Recent US Bankruptcy Code Amendments: Fundamental Change or an Invitation to Negotiate?
Dewey & LeBoeuf LLP - Westhoff, Bryan M. http://www.deweyleboeuf.com/bryan_westhoff/
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Chicago+1 312 794 8023 [email protected]
EducationWashington University School of Law,2002, J.D., Top 10%; Washington University Journal of Law and Policy; Environmental Moot Court Competition Team Champion, 2001
Truman State University, 1999,B.A., cum laude
Bar AdmissionsIllinois
Court AdmissionsU.S. District Court, Northern District ofIllinois
U.S. Court of Appeals, 7th Circuit
U.S. Court of Appeals, 9th Circuit
Bryan M. WesthoffAssociate
Bryan Westhoff is an associate in the Chicago office of Dewey & LeBoeuf LLP, wherehe is a member of the Litigation Department. His practice deals with complex commercial litigation involving domestic and international legal issues. Mr. Westhoff's practice areas include antitrust, intellectual property, insurance/reinsurance, and general contract and tort law.
Mr. Westhoff’s recent major cases include:UBS Securities LLC et al. v. The Finish Line et al. , Civil Action No. 07 Civ. 10382(S.D.N.Y.). Representation of an athletic footwear retailer in an action brought by itsinvestment bank related to a highly leveraged merger and the potential solvency of the merged entity;Plasencia-Ayala v. Mukasey, No. 06-73728 (9th Cir. Feb. 7, 2008). Successfullyargued and won an appeal before the Ninth Circuit Court of Appeals overturning a decision of the Immigration Judge and the Board of Immigration Appeals;Eaton Power Quality Corporation v. J.T. Packard & Associates, Inc. , 05-cv-3545 (N.D. Ill.). Prosecution of intellectual property right claims brought on behalf of aninternational UPS manufacturer against an independent service provider and defense of antitrust counterclaims claims filed against the manufacturer by the service provider;Caterpillar Inc. et al. v. USINOR Industeel et al. , No. 04 C 2427 (N.D. Ill.). Defense of a breach of contract claim brought against an international steel manufacturer;BCI Aircraft Leasing, Inc. et al. v. Republic of Ghana et al. , No. 6 C 0103 (N.D. Ill. Oct. 13, 2006). Successfully arguing for dismissal of a breach of promise and other quasi-contractual claims case brought against the Government of a West African nation; andEmployer’s Reinsurance Corp. v. Clarendon National Insurance Co. , No. 01-2441-CM (D. Kan.). Trial representation and resolution of litigation brought on behalf of the cedent in a reinsurance dispute over a non-standard auto program.
Mr. Westhoff received his J.D. in 2002 from Washington University in St. Louis. He earned a B.A. in political science in 1999 from Truman State University in Kirksville, Missouri.
During his last semester of law school, Mr. Westhoff interned full time with the Department of Justice Civil Appellate Division in Washington, DC. While there, in addition to working on cases before multiple federal appellate courts, Mr. Westhoff drafted arguments both in favor of and in opposition to certiorari for the Office of the Solicitor General.
Mr. Westhoff currently serves on the Executive Board of Directors for The Center for International Performance and Exhibition, a Chicago area not-for-profit corporation dedicated to bringing international music and the arts to a wide range of Chicago communities.
Litigation Practice
Dewey & LeBoeuf LLP - DiRisio, Matthew L. http://www.deweyleboeuf.com/matthew_dirisio/
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New York+1 212 259 8056 [email protected]
EducationUniversity of Rochester, 1998, B.A.
State University of New York School ofLaw at Buffalo, 2003, J.D., magna cum laude, Publications Editor, Law Review
Bar AdmissionsNew York
Court AdmissionsU.S. Court of Appeals, 2nd Circuit
U.S. District Court, Southern andEastern Districts of New York
U.S. Court of International Trade
Matthew L. DiRisioAssociate
Matthew DiRisio's practice areas comprise a range of complex commercial litigation,including securities, mergers and acquisitions and contests for corporate control, white collar crime, corporate governance, sales practices, international litigation and constitutional litigation. Mr. DiRisio has in-court trial experience and has been involvedin the representation of firm clients in a variety of industries.
Mr. DiRisio joined the firm in 2003.
Representative MattersSecurities, M&A and Corporate Governance Litigation
LifePoint Hospitals, Inc. Mr. DiRisio represented LifePoint Hospitals, Inc. and itsboard of directors in litigation brought by a dissident hedge fund seeking to nominate a slate of directors to LifePoint's board, notwithstanding the plaintiff's failure to comply with the Company's advance notice bylaw, in which the Delaware Chancery Court denied plaintiff's motion for a preliminary injunction delaying LifePoint's annual shareholders' meeting and dismissed the case on the Company's motion for summary judgment.Dendrite International, Inc. Mr. DiRisio represented Dendrite International, Inc. andits board of directors in litigation brought by a shareholder to preliminarily enjoin a merger between Dendrite and Cegedim, S.A., in which the New Jersey trial court, in denying the motion, applied the business judgment rule in evaluating directors' fiduciary duties to shareholders in a non-interested party transaction, notably parting company with Delaware jurisprudence and declining to impose enhanced Revlon-type duties.Abgenix, Inc. Mr. DiRisio represented Abgenix, Inc. and its board of directors in aputative class action lawsuit alleging that Abgenix's directors had violated their fiduciary obligations to stockholders in connection with a proposed merger by negotiating and accepting an inadequate purchase price, in which plaintiffs voluntarily dismissed their claims in response to Abgenix's demurrer.Mr. DiRisio has represented several of the most prominent investment banks, including Credit Suisse First Boston, Banc of America, UBS, Lazard Freres and Citigroup, in their capacity as financial advisors to parties involved in mergerlitigation.
Other Complex Commercial and White Collar LitigationCoalition for Fair Lumber Imports Executive Committee. Mr. DiRisio represented theExecutive Committee of the Coalition for Fair Lumber Imports in a constitutional challenge in the U.S. Court of Appeals for the D.C. Circuit to the dispute resolution procedures of NAFTA.Blue Cross & Blue Shield Plans. Mr. DiRisio represented the Blue Cross & BlueShield Plans in connection with certified questions in the New York Court of Appeals regarding the scope of New York's consumer protection statute.Central Bank of The Republic of Lebanon. Mr. DiRisio represented the Central Bankof The Republic of Lebanon against a temporary restraining order freezing nearly $163 million of the Central Bank's funds, in which the restraining order was successfully dissolved and release of the Central Bank's funds achieved, primarily on the ground that the Central Bank's funds were immune from prejudgment attachment or restraint under the Foreign Sovereign Immunities Act.
Litigation Practice
Securities, M&A and CorporateGovernance Litigation
Delaware Quarterly, Recent Developments in Delaware Business and Securities Law
Delaware Quarterly, RecentDevelopments in DelawareBusiness and Securities Law(February 2008 – Early May 2008)
View All
Dewey & LeBoeuf LLP - DiRisio, Matthew L. http://www.deweyleboeuf.com/matthew_dirisio/
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Mr. DiRisio represented a pro bono client of the firm through trial in the U.S. DistrictCourt for the Southern District of New York against charges of wire fraud and conspiracy to commit wire fraud.
Selected ActivitiesMember, New York State Bar AssociationMember, Association of the Bar of the City of New York
PublicationsCo-author, "The Potential Implications of Decoupling Shareholders' Economic and Voting Interests in Corporate Control Contests," International Corporate Governance Review 2008, (March 2008).Co-author, "Delaware Quarterly, Recent Developments in Delaware Business and Securities Law," Computer Law Reporter, Inc., Volume 40, Number 4 (June 2008).
Dewey & LeBoeuf LLP - Ranchhoojee, Rajen http://www.deweyleboeuf.com/rajen_ranchhoojee/
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Johannesburg+2711 911 4300 [email protected]
EducationUniversity of the Witwatersrand,Johannesburg, 2006, TelecommunicationsCertification, Mandela Institute of Law
University of Johannesburg, 2003, LL.B.
University of Potchefstroom, 2003,Certification in Legal Practice
School for Practical Legal Training,2003, Practical Course Completed prior to admission in the High Court of South Africa
Court AdmissionsHigh Court of South Africa
Rajen RanchhoojeeAssociate
Mr. Ranchhoojee is an associate primarily practicing in litigation. He was formerly apartner with the Johannesburg firm Gordon Stevens & Ranchhoojee, where he gained substantial experience in the areas of litigation, commercial contract drafting, opinion drafting, due diligence reporting, advising on gambling regulations in the Republic and legal consultancy work.
Mr. Ranchhoojee has been a member of the Telcordia Technologies (Pty) Ltd legal team in the matter of Telkom SA Limited, where his scope of work includes research, opinion drafting and court attendances. He was also the attorney of record for the Southern African Enterprise Development Fund (SAEDF) in various litigation matters. He also performs a legal advisory role in various litigation matters to which the Government of the Kingdom of Saudi Arabia are party.
Mr. Ranchhoojee has undertaken legal due diligence reporting on the infrastructural rights and obligations in regard to the Ellis Park Stadium and the Ellis Park Sports Precinct, as well as advising Wuamao Investments (Pty) Ltd on inter alia prospective litigation on various matters in South Africa and the success possibilities thereof; corporate governance in the Republic of South Africa; South African company and contract law and conflict of laws (private international law). His experiences have been extended further, to include the drafting of opinions on Tax issues relating to Telcordia Technologies, in respect of its litigation in South Africa.
Contractual work done by him includes advising on and assisting in the settling of a general release agreement for the Biopure Corporation, with a particular emphasis on conflict of laws (Private International Law), reviewing, assisting and settling letters of intent for various clients including BSI2000 and Ellis Park Stadium, and assisting in the drafting and settling of various shareholders agreements.
MemberRAU Vice Chancellor Election CommitteeBlack Lawyers Association certification
Litigation Practice
Pistorius Given the Opportunity to Qualify for the 2008 Beijing Olympics
Oscar Pistorius Aims to Compete on Level Playing Field at 2008 Beijing Olympics
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Dewey & LeBoeuf LLP - Kahn, Kristien M. http://www.deweyleboeuf.com/kristien_kahn/
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New York+1 212 259 7082 [email protected]
EducationVillanova University School of Law,2004, J.D., magna cum laude; Order of the Coif; Villanova Law Review
Bucknell University, 1998, B.S.(Business Administration, Management)
Bucknell University, 1998, B.A.(German)
Bar AdmissionsNew York
Court AdmissionsU.S. Court of International Trade
U.S. District Court, Eastern District ofNew York
U.S. District Court, Southern District ofNew York
Languages SpokenGerman
Kristien M. KahnAssociate
Kristien Kahn is an associate in the Firm's Litigation Group. Her areas of practiceinclude complex commercial litigation, international arbitration, and white collar crime and government investigations. She has represented clients in a wide range of substantive matters in both federal and state courts and before arbitration tribunals, including disputes involving allegations of breach of contract and fraud, and in criminal and civil government investigations.
Ms. Kahn is a member of the Firm's Pro Bono Committee, and has an active pro bono practice. She has been involved in a variety of pro bono litigation matters, including representing clients before the New York Immigration Court in their individual applications for asylum in the United States, and representing the Citizens' Commission to Protect the Truth as amicus curiae promoting youth smoking prevention in connection with litigation against the major tobacco companies.
Ms. Kahn joined the Firm in 2004.
Representative MattersCoalition for Fair Lumber Imports. Ms. Kahn represented the Executive Committee of the Coalition for Fair Lumber Imports, a national association of United States lumber producers and woodland owners representing the U.S. lumber industry in disputes over unfair lumber trade practices, in a constitutional challenge to the dispute resolution procedures of the North American Free Trade Agreement. After the conclusion of argument before the D.C. Circuit Court of Appeals, the case ended in a landmark settlement reached between the U.S. Government and the Government of Canada.Omnicare, Inc. Ms. Kahn represents Omnicare, Inc., the nation's leading provider of pharmaceutical care to residents of long term care facilities, in federal litigation and arbitration concerning disputes arising out of billing and pharmaceutical pricing practices, as well as parallel criminal and civil investigations by multiple United States Attorneys Offices and state attorneys general.Ms. Kahn represents pro bono a refugee client persecuted in her home country for her membership in and activities on behalf of a pro-democracy group. In 2007, Ms. Kahn obtained a grant of asylum for her client from the New York Immigration Court, and is currently representing her client in her derivative asylum applications for her family members and her application for adjustment to permanent residence in the United States. Ms. Kahn also represents pro bono a refugee client persecuted in his home country because of his race, religion and sexual orientation. This case is pending before the New York Immigration Court.
Awards and RecognitionsPanelist in June 2007 Asylum Law Training panel sponsored by the New York City Bar Association's Refugee Assistance Project. Panelists included New York Immigration Judge and Director of Newark Asylum Office.
Litigation Practice
White Collar Criminal Defenseand Investigations
Dewey & LeBoeuf LLP - Riley, Nancy M. http://www.deweyleboeuf.com/nancy_riley/
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Chicago+1 312 794 8008 [email protected]
EducationUniversity of Southern California Schoolof Law, 2004, J.D., Hale Moot CourtHonors Program
Northwestern University, 2000,B.A., College of Arts & SciencesScholars Program
Bar AdmissionsIllinois
Court AdmissionsU.S. Court of Appeals, 7th Circuit
Other Federal Courts
Nancy M. RileyAssociate
Selected ActivitiesAmerican Bar AssociationIllinois Bar Association
Litigation Practice
Dewey & LeBoeuf LLP - Whitener, Jennifer http://www.deweyleboeuf.com/jennifer_whitener/
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New York+1 212 259 7106 [email protected]
EducationUniversity of Minnesota Law School,2004, J.D., magna cum laude, Order of the Coif, Minnesota Journal of Global Trade
Hillsdale College, 1998, B.A., summa cum laude
Bar AdmissionsNew York
Minnesota
Jennifer WhitenerAssociate
Jennifer Opheim Whitener focuses her practice on the preparation of complex cases,principally in the areas of securities, M&A, and corporate governance litigation; bankruptcy litigation; white collar criminal defense and investigations; and intellectual property litigation.
Prior to joining Dewey & LeBoeuf, Ms. Whitener clerked for United States District Judge Joan N. Ericksen in the District of Minnesota.
Representative MattersDefended Wachovia Capital Markets in a federal lawsuit brought by various members of a syndicated credit facility that was issued to Le Nature's, Inc. shortly before Le Nature's bankruptcy;Represented The Finish Line, Inc. in an expedited federal declaratory judgment action brought by UBS Securities, LLC relating to UBS's agreement to finance The Finish Line's $1.5 billion acquisition of Genesco, Inc.;Defended former traders of a hedge fund in connection with a coordinated investigation by the SEC, CFTC and FERC;Defended a leading pharmaceutical healthcare company in connection with criminal investigations by multiple United States Attorneys Offices and state attorney generals concerning allegations of healthcare fraud;Represented an ad hoc committee of equity security holders in the W.R. Grace chapter 11 bankruptcy proceedings;Represented a creditor in a chapter 11 adversary proceeding;Represented the National Federation of Coffee Growers of Colombia and Republic of Colombia in a trademark dispute;Represented plaintiffs in a class action involving questions of constitutional law through the firm's pro bono program; andRepresented indigent criminal defendants through the firm's pro bono program.
PublicationsCo-author, "Delaware Quarterly, Recent Developments in Delaware Business and Securities Law," Computer Law Reporter, Inc., Volume 40, Number 4 (June 2008).Contributor, "Corporate Cooperation," National Law Journal (May 29, 2007) (winner of the Burton Award).
Litigation Practice
Intellectual Property Litigation
International Arbitration
White Collar Criminal Defenseand Investigations
Securities, M&A and CorporateGovernance Litigation
Delaware Quarterly, RecentDevelopments in DelawareBusiness and Securities Law(February 2008 – Early May 2008)
Securities Law: Corporate Cooperation
Dewey & LeBoeuf LLP - Green, Boaz I. http://www.deweyleboeuf.com/boaz_green/
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Washington, DC+1 202 346 8155 [email protected]
EducationGeorgetown University Law Center,2005, J.D., cum laude
New York University, 2002, B.A., summa cum laude
Bar AdmissionsDistrict of Columbia
New York
Languages SpokenHebrew
Boaz I. GreenAssociate
Boaz Green is a member of the firm's Securities Litigation/White Collar Group. He has experience in civil litigation matters including securities class actions, shareholder derivative litigation and government investigations and enforcement actions.
PublicationsAuthor, "Drawing a Green Line: On the Potential for an Environmental Challenge to Israel's Separation Barrier." UCLA Journal of International Law and Foreign Affairs
Litigation Practice
White Collar Criminal Defenseand Investigations
Securities, M&A and CorporateGovernance Litigation
Dewey & LeBoeuf LLP - Chen, Teresa N. http://www.deweyleboeuf.com/teresa_chen/
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New York+1 212 259 6247 [email protected]
EducationState University of New York School ofLaw at Buffalo, 2006, J.D., cum laude
Cornell University, 2003, B.A.
Bar AdmissionsNew York
Teresa N. ChenAssociate
Dewey & LeBoeuf LLP - Larsen, Nathan D. http://www.deweyleboeuf.com/nathan_larsen/
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Chicago+1 312 794 8055 [email protected]
EducationNorthwestern University School of Law,2006, J.D., cum laude ; Articles Editor, Northwestern Journal of Technology and Intellectual Property; Senior Research Honors: Class Actions and Due Process
DePaul University, B.S., summa cum laude ; Phi Kappa Phi Honor Society; Golden Key National Honor Society
Nathan D. LarsenAssociate
Nathan Larsen is an associate in the firm's Litigation Group. He has represented clientsin all stages of litigation, including appeals. He has represented clients in a wide rangeof substantive matters in both federal and state courts and before administrativeagencies, including disputes involving allegations of breach of contract, fraud, theft oftrade secrets and other business torts, copyright infringement, securities fraud andviolations of various constitutional rights. Mr. Larsen has also represented clients inmerger disputes, class actions and administrative law matters.
Before joining Dewey & LeBoeuf LLP, Mr. Larsen was a summer associate with Kirkland & Ellis LLP and a compliance and financial analyst with Abbott Laboratories. He externed for the Presiding Magistrate Judge for the Federal District Court for the Northern District of Illinois, Sidney I. Schenkier.
Representative Matters
Defending Munich-American Holding Corporation in a shareholder lawsuit to enjoin a merger with The Midland Company;Representing immigrant children in lawsuits brought by the American Civil Liberties Union ("ACLU") against U.S. Immigration and Customs Enforcement (ICE) because of conditions at the T. Don Hutto detention center in Taylor, Texas. On August 27, 2007 a landmark settlement was reached that greatly improves conditions for detained immigrant children and their families;Defending a claim objection on behalf of a pro bono client in U.S. Bankruptcy Court for the Northern District of Illinois;Representing an energy company under government investigation relating to the trading of physical, over-the-counter and exchange-traded energy products;Representing plaintiff truck transmission manufacturer in copyright infringement action in federal court;Representing defendant and cross-claim plaintiff pharmaceutical drug manufacturer in lawsuit alleging fraud in connection with the financing of a clinical trial for a promising drug in the treatment of HIV/AIDS;Representing insurer in rate hearings before the California Commissioner of Insurance; andRepresenting criminal defendant in petition for certiorari before the United States Supreme Court.
Selected Activities
Member, American Bar Association - Section of Litigation, since 2006.Member, Chicago Bar Association, since 2006.Member, Illinois State Bar Association, since 2006.
Publications
Co-author with Martin H. Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University of Law, "Class Actions, Litigant Autonomy, and the Foundations of Procedural Due Process," California Law Review (Fall 2007).Author, "Evaluating the Proposed Changes to Federal Rule of Civil Procedure 37: Spoliation, Routine Operation and the Rules Enabling Act," Northwestern Journal of Technology & Intellectual Property (Spring 2006).
Awards and Recognitions
Litigation Practice
Dewey & LeBoeuf LLP - Larsen, Nathan D. http://www.deweyleboeuf.com/nathan_larsen/
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Senior Research Honor, Northwestern University of Law, for excellence in research in writing, 2006.
Office(s) New York Education University of Michigan Law School, 2006, J.D. Georgetown University, 2003, B.S. At LLGM Since 2007 Notary Public No
Associate Law Clerk
Joshua Levin-Epstein
+1 212 259 6097 | Business Phone
+1 212 259 6333 | Business Fax
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Attorney Profile
JAMES R. COTNER
Associate
Washington, DC Office phone: +1 202 346 8030 fax: +1 202 956 3266 email: [email protected]
AREA(S) OF PRACTICE
Litigation Practice
EDUCATION
Harvard Law School, 2007, J.D. Harvard University, 2002, A.B., cum laude
ADMITTED TO PRACTICE
Not admitted to practice in the District of Columbia
Attorney Profile
MARGARET VEREEN DENNIS
Associate
Washington, DC Office phone: +1 202 346 8129 fax: +1 202 956 3279 email: [email protected]
AREA(S) OF PRACTICE
Litigation Practice
EDUCATION
New York University School of Law, 2007, J.D., Moot Court Associate Editor Duke University, 2003, B.A.
ADMITTED TO PRACTICE
Virginia Not admitted to practice in the District of Columbia
Dewey & LeBoeuf LLP - Lebwohl, Andrew http://www.deweyleboeuf.com/andrew_lebwohl/
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New York+1 212 259 8306 [email protected]
EducationColumbia University Law School, 2007,J.D.
Columbia University, 2004,B.A., Leadership Legend Award, King'sCrown Leadership Award, George William Curtis Prize in Oratory
Bar AdmissionsNew York
Andrew LebwohlAssociate
Business Solutions &Governance
Dewey & LeBoeuf LLP - Lin, Ying http://www.deweyleboeuf.com/ying_lin/
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Washington, DC+ 1 202 346 7917 [email protected]
EducationGeorgetown University Law Center,2007, J.D., Executive Editor,Georgetown International Law Journal
Cornell University, 2001, B.S., (HumanDevelopment), Dean's List
Bar AdmissionsDistrict of Columbia
New York
Languages SpokenMandarin Chinese
Japanese
Ying LinAssociate
Ying Lin practices international trade law at Dewey & LeBoeuf. She has experience intrade remedy, U.S. economic sanctions, customs, anti-money laundering, and export control matters.
Ms. Lin has counseled and represented clients on a wide range of regulatory and litigation matters in the international context. Her experience includes advising andrepresenting clients in antidumping duty investigation and reviews before the US Department of Commerce and the US Court of International Trade; advising clients on US export controls regulations enforced by the Department of Commerce, the Department of Treasury's Office of Foreign Assets, and the Department of State; counseling clients on customs regulations as well as preparing customs filings.
Selected ActivitiesNew York State Bar AssociationAmerican Bar AssociationAsian Pacific American Bar Association of the Greater Washington DC Area
Litigation Practice
International Trade
Customs Publishes Interim Final Rule on Advance Notification Requirements for Importers and Carriers
Customs Publishes Interim Final Rule on Advance Notification Requirements for Importers and Carriers Dec 08, 2008
Dewey & LeBoeuf LLP - Newhouse, Jeffrey H. http://www.deweyleboeuf.com/jeffrey_newhouse/
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New York+1 212 259 6228 [email protected]
EducationFordham University School of Law,2007, J.D.
Union College, 2003, B.A.
Court AdmissionsNew York
Jeffrey H. NewhouseAssociate
Delaware Quarterly, RecentDevelopments in DelawareBusiness and Securities LawNovember 2007 — January 2008
Dewey & LeBoeuf LLP - Warren, John K. http://www.deweyleboeuf.com/john_warren/
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Washington, DC+1 202 346 7961 [email protected]
EducationWilliam & Mary School of Law, 2007,J.D., Order of the Coif; Senior NotesEditor, William and Mary Environmental Law and Policy Review; Legal Skills Scholar; Graduate Research Fellow; First Place, Annual 1L Legal Writing Competition
Duke University, 2004, B.A.
Bar AdmissionsDistrict of Columbia
Virginia
Court AdmissionsU.S. Court of Appeals, Federal Circuit
U.S. District Court, Eastern District ofVirginia
John K. WarrenAssociate
Mr. Warren's practice is devoted to complex litigation, particularly in the areas ofintellectual property, white collar criminal defense and investigations, and antitrust.
Mr. Warren has significant experience in all aspects and phases of patent litigation, from pre-complaint investigation through trial and appeal.
Mr. Warren also has experience representing clients in criminal and regulatory investigations and related civil proceedings, particularly investigations alleging violations of fraud, securities and other criminal statutes.
Mr. Warren's pro bono practice involves representing clients on appeal for Social Security disability benefits, representing disabled US soldiers before Army Physical Evaluation Boards as part of Dewey & LeBoeuf's Walter Reed Pro Bono Initiative, and representing victims of domestic violence as part of the Legal Services of Northern Virginia's Domestic Violence Clinic.
Representative MattersCross Medical Products, Inc. v. Medtronic Sofamor Danek, Inc. et al. (C.D. Cal.) (Ongoing): Representing Medtronic Sofamor Danek, Inc., the largest manufacturer of spinal implant devices in the United States, as a member of a litigation team that obtained summary judgment rulings invalidating three of Cross's asserted patents relating to spinal implant technology and obtained summary judgment rulings in favor of Medtronic on two counterclaim patents;SEC v. Byers, et al. (S.D.N.Y.) (Ongoing): Member of litigation team representing the court-appointed receiver in a complex matter brought by the Securities and Exchange Commission against a Chicago-based real estate investment firm involving approximately 1,200 investors, over $255 million in assets, and operations distributed throughout Europe, Africa, and the United States;DePuy Spine, Inc., et al. v. Medtronic Sofamor Danek, Inc. et al., Nos. 08-1240, 1253, 1401 (Fed. Cir.) (Ongoing): Member of appellate team representing Medtronic Sofamor Danek, Inc. before the U.S. Court of Appeals for the Federal Circuit in a case involving spinal implant devices;Medtronic Sofamor Danek USA, Inc. et al. v. NuVasive, Inc. (S.D. Cal.) (Ongoing): Representing Medtronic Sofamor Danek, Inc, in a patent infringement suit filed against NuVasive, Inc. on August 18, 2008 asserting 12 patents related to spinal implant devices and minimally-invasive spinal surgery;Connell and Hi-Tech Beds Systems, Corp. v. KLN Steel Products Co., Ltd. and Clark/Blinderman/Knight, LLC (N.D. Ill.) (Ongoing): Representing Clark Construction Group in patent and trade secret litigation involving United States Government design/build contracts; andInv. No. 337-TA-621, In the matter of certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices (U.S. International Trade Commission): represented non-parties IM Flash Technologies, LLC and Micron Technology, Inc. in a case involving semiconductor fabrication equipment and semiconductor devices.
Selected ActivitiesMember, American Bar Association
Litigation Practice
Antitrust
Intellectual Property Litigation
White Collar Criminal Defenseand Investigations
Life Sciences and Healthcare
Dewey & LeBoeuf LLP - Warren, John K. http://www.deweyleboeuf.com/john_warren/
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Member, Virginia Bar AssociationMember, Virginia Trial Lawyers AssociationMember, Arlington County Bar Association
PublicationsAuthor, "Restoring Responsibility and Accountability in Disaster Relief," 31 Wm. & Mary Envtl. L. & Pol'y Rev. 893 (2006-2007).