RESUME MICHAEL J. HUTTER, JR.

Transcription

1 RESUME MICHAEL J. HUTTER, JR. PERSONAL: Date of Birth: September 25, 1945 Place of Birth: Camp Lejune, North Carolina Married to: Kathleen M. Dzielinski, August 24, 1968; Directress, Montessori Children Center (retired) Children: Elizabeth, born December 9, 1969; A.B., M.A., PhD; Communications Department, Georgia Tech, Atlanta, Georgia Tiffany, born July 7, 1971; A.B., M.S.W.; Social Worker, East Greenbush School District, Nassau, New York Lynne, born December 18, 1978; A.B., J.D.; Attorney, Law Offices of Lynne Kimball, Delmar, New York Residence: 75 Jordan Blvd., Delmar, New York Tel. No. (518) Cell No. (518) PRESENT EMPLOYMENT: EDUCATIONAL BACKGROUND: LAW SCHOOL: Professor of Law - Albany Law School 80 New Scotland Avenue, Albany, New York Tel. No. (518) Boston College Law School Newton Centre, Massachusetts Degree: J.D. - June, 1970 Avg.: 5.7/8.0 Rank: 8/140 Academic Honors: Editor in Chief, Boston College Law Review (Annual Survey); Order of the Coif; Dean's List

2 MICHAEL J. HUTTER, JR. (continued) 2 COLLEGE: PREPARATORY SCHOOL: MISCELLANEOUS: EMPLOYMENT: Academic: Brown University Providence, Rhode Island Degree: A.B. with High Honors - June, 1967 Major: Classics Minor: Economics Avg.: 2.9/4.0 Rank: Top 15%/600 Academic Honors: Dean's List; Honors Program Honors Thesis: Satires of Horace and Its Relation to the Literary Coterie of the Augustan Age Activities: Delta Tau Delta Fraternity (Vice-President; House Manager); Class Council; Alumni Representative; Rugby; Freshman Baseball W.T. Clarke High School Westbury, New York Graduated: June, 1963 Avg.: 94% Rank: 3/200 Academic Honors: Honor Roll; National Honor Society; East Meadow Community Scholarship Activities: Football, Wrestling, Baseball; Sports Editor, Vanguard Tenth Economics Institute for Law Professors, Law and Economics Center, University of Miami School of Law (Summer, 1979) Present Professor of Law - Albany Law School (Assistant Professor ; Associate Professor ; Professor of Law 1986-Present) Teaching Areas: Antitrust, Unfair Trade Practices, Evidence, Trial Advocacy, Federal Jurisdiction, New York Practice, New York Torts, Conflict of Laws Law School Activities: Member, Government Law Center Advisory Board; past Chair, Diversity Committee; Chair, CLE Committee; Faculty Advisor, Evidence Moot Court Team; Dean Search Committee (Secretary) Student Awards: Friend of the Class of 1995 Excellence in Teaching Alumni Award: Distinguished Service Instructor - Trial Tactics and Methods

3 MICHAEL J. HUTTER, JR. (continued) 3 Course designed for attorneys and non-attorneys employed by the State of New York. It dealt with advocacy in trial courts, administrative hearings and arbitrations. The course was taught pursuant to a contract with the State of New York at Albany Law School Visiting Professor - Institute of Administration and Management, Union University, Schenectady, New York Teaching Area: Antitrust Assistant Professor of Law - Western New England College School of Law, Springfield, Massachusetts Teaching Areas: Antitrust, Unfair Trade Practices, Business Associations, Judicial Administration Teaching Award: Outstanding Professor of the Year (1976) Law School Activities: Chairman, Placement Committee; Governance Committee; Admissions Committee; Advisor, Patent/Moot Court Team Law Practice: Present Special Counsel Powers & Santola, LLP Albany, New York This firm has an extensive plaintiff s personal injury practice. I consult with the firm s lawyers on all aspects of this practice, and handle the firm s appellate work. As of Fall, 2016, with this firm and prior ones I have been associated with, I have argued over 375 appeals, and prevailing counsel in several landmark decisions in the appellate courts, including the State Court of Appeals, all four Appellate Divisions, the Second Circuit of Appeals, and the Federal Circuit Court of Appeals Special Counsel Hesson, Ford, Sherwood & Whelan and successor firms, including as of 2002 Thuillez, Ford, Gold & Johnson Albany, New York This firm had an extensive litigation practice in state and federal court. I consulted with the firm s lawyers on most aspects of this practice and handled the firm s appellate work as well as various trial matters. The substantive areas of the law I was involved with included tort law, insurance coverage, employment, constitutional, contract, civil rights, antitrust, intellectual property (patent, trademark and copyright), and criminal law Consulting work with various Albany, New York City and Washington, D.C. firms on antitrust and unfair competition matters Associate - Hodgson, Russ, Andrews, Woods & Goodyear

4 MICHAEL J. HUTTER, JR. (continued) 4 Government Service: Buffalo, New York This firm had an extensive and varied litigation practice. As an associate I was involved in antitrust, product liability, unfair competition litigation, and criminal defense. I handled trials and appeals in all levels of the state and federal court system, including the United States Supreme Court Present Reporter, Judicial Advisory Committee on Evidence, appointed by Chief Judge Janet DeFiore The Committee is charged with compiling a guide to New York s existing law of evidence that will be readily available to judges, lawyers and the public. The guide will be updated annually to reflect any changes in the law of evidence. The Committee is composed of active and retired New York judges Present Member, Commission on Judicial Nomination, appointed by Senator Dean Skelos 2008 Present Member, Governor s Judicial Screening Committee for the Third Judicial Department, appointed by Senator Dean Skelos 1997 Present Member, New York State Law Revision Commission, appointed by Gov. Pataki, and appointment continued under Gov. Spitzer, Gov. Patterson and Gov. Cuomo During my tenure the Commission has undertaken several major projects, including the revision of the laws governing Power of Attorney; a study with recommendations for the State Liquor Authority; revision of the laws governing not-for-profit corporations; and temporary maintenance and equitable distribution revisions 1998 Present Special Prosecutor - Columbia County 1984 Present Hearing Officer People vs. Powell (murder prosecution) (appeal); People vs. Demagall (murder prosection) (appeal) Presiding over administrative actions and hearings commenced by various state agencies, including Judicial Conduct Commission, OMRDD, Mental Hygiene. I have conducted several hearing from beginning to end which concluded with my written decisions Counsel to the Board of Directors, Capital District Region Off -Track Betting Corporation I was appointed to this position by the newly constituted Board when the prior administration was removed from office due to criminal and fraudulent practices to assist it in bringing it into compliance with regulatory laws.

5 MICHAEL J. HUTTER, JR. (continued) Director, Office of the Capital Defender, appointed by Senator Bruno (Chairman of the Board of Directors, January 1, ) Special Prosecutor - Albany County People v. Shongar (grand larceny prosecution) (appeal) People v. John Doe (fraud investigation) (grand jury) Executive Director - New York State Law Revision Commission The Law Revision Commission is the oldest continuous agency for the accomplishment of law reform in the common law world. During my tenure, the Commission proposed, inter alia, legislation concerning: changes in the treatment of criminal defendants raising the insanity defense, a Code of Evidence, recodification of the Insurance Law, revision of child custody laws, certification of cases to the Court of Appeals, and recovery for wrongful conviction. As Executive Director, I was responsible for the Commission's legislative programs Law Clerk - Judge Matthew J. Jasen, New York State Court of Appeals HONORS: One of seven persons recommended by the State Commission on Judicial Nomination to Governor Pataki for the position of Associate Judge, New York State Court of Appeals in Rated highly qualified for the position by the New York State Bar Association, New York State Trial Lawyers Association, and the Association of the Bar of the City of New York. PROFESSIONAL ASSOCIATIONS: Recipient of John Leach Memorial Award, January 2004, awarded by the New York State Bar Association in recognition for contributions to the development of New York Insurance law. Recipient of President s Award, June 2008, awarded by the Capital District Trial Lawyers Association in recognition for contributions to the bar for continuing legal education. Selected to be Evidence columnist for the New York Law Journal, commencing December American Law Institute: Elected, 1981 Member, Advisory Committee, Restatement of Unfair Trade Practices ( ) Member, Advisory Committee, Restatement of Torts 3d: Apportionment of Liability, ( ); Member, Advisory Committee, Restatement: Economic Loss, (2005-Present); Member Advisory Committee, Restatement of Conflict of Laws 3d (2015-Present) American Bar Association: Fellow, American Bar Foundation Litigation Section - Business Torts Litigation Committee (Chairman, ); Patent, Trademark and Copyright Section:

6 MICHAEL J. HUTTER, JR. (continued) 6 Trade Secrets Committee; Antitrust Section - Business Torts and Unfair Competition Committee New York State Bar Association: Fellow, State Bar Foundation Member, Committee on Courts of Appellate Jurisdiction (2003- present), Member, CPLR Committee (2012-present); Trial Lawyers Section: Appellate Practice Committee (Chairman, ); Legal Affairs Committee (Chairman, ); Intellectual Property Section: Trade Secrets Committee (Co-Chairman ) Albany County Bar Association: President (2013); Board of Directors ( ); Admissions Committee Chair ( ); Secretary, Treasurer, Vice- President ( t) PROFESSIONAL ACTIVITIES: 2016 Present Board of Editors, New York State Bar Journal 2007 Reporter, NYSBA Special Committee to Study Government Attorney-Client Privilege Chair, NYSBA Special Committee to Study Legislative Process in New York Present Chair, Albany County Gender Bias Committee, Third Judicial District Chair, NYSBA Special Committee to Study the Proposed Code of Evidence NYSBA Task Force On Administrative Adjudication (Chair, Department of Health Subcommittee) PUBLICATIONS: Books: 1. Hutter, Monopolies and Mergers: Cases and Materials (1981) 2. Hutter, Expert Testimony: Cases and Materials (2009) 3. Editor in Chief, Model Jury Charges in Business Tort Cases (ABA, 1981) 4. Business Torts Volume in Actions and Proceedings (Callahan, 1985). 5. Contributing Author, Weinstein, Korn & Miller, New York Civil Practice (Matthew Bender, ). 6. Co-Editor, New York Litigation Forms (1995). 7. Contributing Author, Emerging Problems Under The Federal Rules of Evidence (ABA, 1998).

7 MICHAEL J. HUTTER, JR. (continued) 7 8. Contributing Author, Manual for Administrative Law Judges (author of Conducting the Hearing and Evidence Chapters) (GLC/OER, 2002). 9. No Fault Law Update Chapters in Decisions ( ) 10. No Fault Law Update and Evidence Chapters in Precedents (2004-present) 11. Contributing Author, Preparing for and Trying the Civil Lawsuit (2016 2d ed) (author of Evidence Chapter), NYSBA 12. Contributing Author, Making A Modern Constitution (2016) (author of gubernatorial succession chapters), NYSBA Monographs: 1. No-Fault: Serious Injury, National Law Foundation (2002) 2. Expert Testimony, National Law Foundation (2006) 3. Business Torts, National Law Foundation (2014) 4. Enforcing Covenants-Not-to-Compete, National Law Foundation (2014) 5. Trade Secret Misappropriation, National Law Foundation (2014) 6. Trademarks and Unfair Competition, National Law Foundation (2014) 7. Hearsay, National Law Foundation (2014) 8. Covenants Not to Compete, National Law Foundation (2014) 9. Admissibility of Electronically Generated Evidence, National Law Foundation (2014) 10. Federal Deposition Practice, National Law Foundation (2015) 11. Witnesses: Trial and Depositions, National Law Foundation (2015) 12. Labor Law Basics, National Law Foundation (2015) 13. Attorney-Client Privilege, National Law Foundation (2016) 14. Work-Product Protection, National Law Foundation (2016) 15. Medical Malpractice, National Law Foundation (2016) Articles: 1. "Dirty Tricks" and Section One of Sherman Act: Federalizing State Unfair Competition Law, 18 B.C. Ind. & Com. L. Rev. 239 (1977).

8 MICHAEL J. HUTTER, JR. (continued) 8 2. Kelly vs. Johnson and Tonsorial Tastes: The Death Knell of Substantive Due Process, 41 Alb. L. Rev. 411 (1977). 3. Trade Secret Misappropriations: A Lawyer's Practical Guide to the Case Law, 1 West, New England L. Rev. 1 (1978), (reprinted in 1979 Corporate Counsel Annual Review). 4. Pursuit of an Ex-Employee Who Misappropriates Trade Secrets: Pre- Trial Considerations, Vol 6, Litigation, Spring, Drafting Enforceable Employee Non-Competition Agreements to Protect Confidential Business Information: A Lawyer's Practical Approach to the Case Law, 45 Alb. L. Rev. 311 (1981) (reprinted in 1981 Intellectual Property Law Review). 6. Remedies in Trade Secret Cases, Protecting Trade Secrets (PLI 1982). 7. Covenants Not to Compete, 4 Legal Notes Viewpoints Quarterly 73 (1983). 8. Trade Secrets: Legal Theories, Protecting Trade Secrets (PLI 1986). 9. Recovery of Attorneys Fees In Trade Secrets Cases, 1 Trade Secrets Reporter 288 (1986). 10. Trade Secrets, Protecting Secrecy, Protecting Trade Secrets (PLI 1992). 11. Municipality Standing To Sue, Footnotes (March, 1993). 12. Hearsay: Principal Exceptions, Insurance, Compensation Law Section Digest, Spring, Evidence, Survey of New York Law, 46 Syracuse L. Rev. 601 (1995). 14. New York's Public Records Hearsay Exception, Trial Lawyers' Digest, Spring Computer Generated Animations, Trial Lawyers Digest, Winter What Hath Henry Wrought? Bill of Particulars, Winter The Case For Adoption of A Uniform Trade Secrets Act In New York, 10 Alb. L.J. of Science and Tech. 1 (2000). 18. Evidence, Survey of New York Law, 52 Syracuse Law Rev. 397 (2002). 19. Tyrell v. Wal-Mart: Admissibility of Employee Statements, Bill of Particulars, Spring, Toure v. Avis: The Court of Appeals Giveth and Taketh Away, Bill of

9 MICHAEL J. HUTTER, JR. (continued) 9 Particulars, Fall, Johnson v. Lutz: Admissibility of Statements in Police Accident Reports, Bill of Particulars, Winter, Evidence, Survey of New York Law, 53 Syracuse L. Rev 539, 2003 (2003). 23. Hospital Records and the Business Records Exception, Bill of Particulars, Summer Evidence, Survey of New York Law, 54 Syracuse L. Rev. 601, 2004 (2004). 25. Evidence, Survey of New York Law, 55 Syracuse L. Rev. 659, 2005 (2005). 26. Evidence, Survey of New York Law, 56 Syracuse L. Rev. 1005, 2006 (2006). 27. Honor the Craft: Personal Reflections on the Judicial Legacy of Honorable Matthew J. Jasen, 69 Alb. L. Rev. 395 (2006) 28. Pommells: The Facts, Nothing But the Facts, 78 NYSBA J. 42 (June, 2006) (with Horowitz) 29. Who s In Charge?, 12 Government Law and Policy Journal No. 1, 28 (2010) 30. Imposing Civil Liability Upon Commercial Providers of Alcoholic Beverages: New York s Statutory Scheme, 12 Government Law & Policy Journal, No. 270 (2010) Columns: 1. Admissibility of Patient s Statement in Medical Record, NYLJ, 12/2/10, p. 3, col Admissibility of Patient s Statement in Medical Record, NYLJ, 2/3/11, p. 3, col Privilege Issues: Client Use of to Communicate with Attorney, NYLJ, 4/7/11, p. 3, col Admissibility of Statements of Pain and Physical Condition, NYLJ, 6/2/11, p. 3, col Letendre Hearsay Exception For Testifying Witnesses, NYLJ, 8/4/11, p. 3, col Use of Disciplinary Adjudications to Impeach a Witness, NYLJ, 10/6/11, p. 3, col Compensating the Fact Witness: Rules and Limits, NYLJ, 12/1/11, p. 3, col. 1

10 MICHAEL J. HUTTER, JR. (continued) Admissibility of Government Investigative Reports in Civil Cases, NYLJ, 2/2/12, p. 3, col Applicability of Noseworthy Doctrine: Issues and Their Resolution, NYLJ, 3/30/12, p. 3, col Admissibility of Unaffirmed Medical Reports: A Proposed Rationale, NYLJ, 6/7/12, p. 3, col Scope of Waiver Effected by Disclosure of Attorney-Client Privileged Matter, NYLJ, 8/2/12, p. 3, col Inadvertent Waiver of Attorney-Client Privilege, NYLJ, 10/4/12, p. 3, col Refreshing Recollection Doctrine Revisited, NYLJ, 12/6/12, p. 3, col Flurry of Decisions in 2012 on Other Crimes Evidence, NYLJ, 2/7/13, p. 3, col Pealer and Forensic-Related Records: Confronting Crawford and Its Progeny, NYLJ, 4/4/13, p. 3, col Speaking Agent Hearsay Exception: Time to Clarify, If Not Abandon, NYLJ, 6/6/13, p. 3, col Use of Convictions to Impeach in a Civil Action, NYLJ, 7/30/13, p. 3, col Floyd Y. : The Professional Reliability Basis for Expert Opinion, NYLJ, 12/5/13, p. 3, col Oddone : Frye s (Non)-Applicability to Experience-Based Expert Opinion, NYLJ, 2/6/14, p. 3, col Missing Witness Rule Revisited, NYLJ, 4/3/14, p. 3, col Toxic Mold Case: Experts, Gatekeeping, Admissibility, NYLJ, 6/6/14, p. 3, col Excited Utterances and Present Sense Impressions: Time to Reevaluate, NYLJ, 8/17/14, p. 3, col Admissibility of Habit Evidence in Negligence Actions, NYLJ, 10/2/14, p. 3, col Admissibility of Prior Consistent Statement, NYLJ, 12/4/14, p. 3, col Attorney-Client Privilege: Ambac s New Exception to Waiver, NYLJ, 2/5/15, p. 3, col. 1

11 MICHAEL J. HUTTER, JR. (continued) Proposed Evidence Rules Cover Privilege, Experts, Hearsay, NYLJ, 4/2/15, p. 3, col Expert Testimony: Necessity or Helpfulness Standard, NYLJ, 6/4/15, p. 3, col Recent Confrontation Clause Testimonial Decisions, NYLJ, 8/6/15, p. 3, col Impeachment of Witnesses and Out-of-Court Hearsay Declarants, NYLJ, 10/1/15, p. 3, col Impeachment of Trial Witnesses and the Collateral Evidence Rule, NYLJ, 12/3/15, p. 3, col Fiduciary Exception to Privilege in Shareholder Actions, NYLJ, 2/3/16, p. 3, col Admissibility of Evidence Obtained from Facebook, NYLJ, 4/7/16, p. 3, col Judicial Notice of Website Information, NYLJ, 6/2/16, p. 3, col Attorney-Client Privilege and Related Common Interest Doctrine, NYLJ, 8/1/16, p. 3, col. 1 Papers: 1. Administrative Rulemaking: Revisiting SAPA, Government Law Center (February, 1993). 2. Labor Law 240(1) Revisited, Government Law Center (December, 1997). 3. Crawford v. Washington, NY Office of Court Administration (2009) Newsletters: 1. Editor in Chief, Business Torts Newsletter (discussion of recent developments in the area of business torts for Litigation Section members; semi -annual publication) ( ). 2. Contributing Editor, Automobile Liability Newsletter (discussion of no-fault cases for NYSBA members; semi-annual publication ( ). Book Review: PROFESSIONAL PRESENTATIONS WITH PAPERS PRESENTED: Noel and Phillips; Products Liability: Cases and Materials, 65 Geo. L.J. 865 (1977) (with Maleski). Since 1976, I have made over 450 presentations on various legal subjects before various organizations, including the American Bar Association, New York State Bar Association, Albany County Bar Association, Ulster County Bar Association, Columbia County Bar Association, Broome County Bar Association, Onondaga County Bar Association, Schenectady County Bar

12 MICHAEL J. HUTTER, JR. (continued) 12 Association Nassau County Academy of Law, Suffolk County Academy of Law, Association of the Bar of New York City, New York County Bar Association, New York State Trial Lawyers, New York State Academy of Trial Lawyers, Capital District Trial Lawyers Association, New York Legislature, Attorney General, Third Judicial Department Continuing Legal Education Program and the Court of Claims I have served as an educator to the New York State Court System, invited by the New York State Office of Court Administration, and its Judicial Institute, to teach evidence and discuss evidence developments at its annual seminars for Justices and Judges throughout the state, as well as seminars for law clerks and court attorneys.