Issues & Appeals Practice Members

Transcription

1 Issues & Appeals Practice Members Glen D. Nager Mr. Nager chairs the Firm s Issues & Appeals Practice. He has argued nine cases before the United States Supreme Court, including the consolidated cases that raised questions concerning whether the Civil Rights Act of 1991 could be applied retroactively. Although he handles cases of all types, Mr. Nager s substantive focus is employment law, doing both litigation and counseling, with particular emphasis on the areas of age discrimination, civil rights, and employee benefits. In 1995, by joint appointment of the majority and minority leaders of the House and Senate, Mr. Nager was named Chair of the Board of Directors of the Office of Compliance of the United States Congress. This board is responsible for promulgating regulations and adjudicating cases under the Congressional Accountability Act, a federal statute that made 1 1 federal labor laws applicable to employment in the federal legislative branch. Mr. Nager is a member of the ABA (Labor and Employment Law Section; formerly on the Special Committee on Government Affairs; former chairman of the Civil Rights and Employment Discrimination Subcommittee) and the District of Columbia Bar (Labor Law Section). He is also a member of the Edward Coke Appellate American Inn of Court, the Editorial Advisory Council of the Employee Relations Law Journal, and the Advisory Board of the Washington Legal Foundation. In January 2003, The American Lawyer featured Mr. Nager as one of the nation s top 45 lawyers under the age of 45.

2 Donald B. Ayer Mr. Ayer is a graduate of Harvard Law School, where he served as articles editor of the Law Review. He clerked for Judge Malcolm R. Wilkey of the United States Court of Appeals for the District of Columbia Circuit and then- Justice William H. Rehnquist of the United States Supreme Court. After clerking, Mr. Ayer spent approximately 10 years in the United States Department of Justice, including two Presidential appointments. He worked in California first as an Assistant United States Attorney, and from as United States Attorney in Sacramento. He then served in Washington as Principal Deputy Solicitor General under Solicitor General Charles Fried during the final three years of the Reagan Administration. After initially joining Jones Day in 1989, he was recalled to public service by President George Bush, serving as Deputy Attorney General under Richard Thornburgh during Mr. Ayer has extensive trial experience and has briefed and argued many cases in the appellate courts, including arguing 15 cases in the United States Supreme Court. He has appellate experience in most substantive areas of federal law, including, in particular, antitrust, bankruptcy, First Amendment (both speech and religion), civil rights and affirmative action, Commerce Clause, employment discrimination, False Claims Act, FOIA, patent law, and takings claims. In recent years, he has devoted a large amount of time to handling appeals from adverse trial court decisions involving business disputes and has secured a number of reversals. Mr. Ayer is a member of American Academy of Appellate Lawyers, the American Law Institute, the American Bar Foundation, the Publications Committee of the Supreme Court Historical Society, the Advisory Boards of the Supreme Court Institute (Georgetown University); the Institute for Judicial Administration (New York University); and the State and Local Legal Center. Elwood Lui Mr. Lui is Partner-in-Charge of Jones Day s San Francisco Office, and he also maintains a substantial practice in Los Angeles. He has concentrated his practice in appeals and complex commercial litigation in federal and state courts and has represented major corporations and public entities in trial and appellate matters. He is a Fellow in the American Academy of Appellate Lawyers and a member of the California Academy of Appellate Lawyers. Mr. Lui is a former associate justice of the California Court of Appeal, Second Appellate District, Division 3 and served as an associate justice, pro tempore, of the California Supreme Court. He also served as a judge of the Los Angeles Superior Court and the Los Angeles Municipal Court. He began his legal career as a deputy attorney general for the California Department of Justice. Mr. Lui is considered an authority in financial and accounting matters and was a certified public accountant with Deloitte, Haskins & Sell (now Deloitte Touche Tohmatsu). He has served as an adjunct professor of accounting and business law at the University of Southern California and as an adjunct professor of law at Loyola Law School, Los Angeles. Mr. Lui is committed to public service and has served on numerous boards and committees for professional and community groups. The California Supreme Court appointed him as the special master of the State Bar Disciplinary System. He is currently chair of the Bipartisan Judicial Advisory Selection Committee for the Central District of California, chair of the Selection Committee for the United States Attorney and United States Marshal for the Central District of California, and chair of the California Supreme Court Advisory Committee on Lawyer Regulation. He is a lawyer representative for the Central District of California to the Ninth Circuit, a past President of the California Judges Association, and was on the faculty for the Continuing Judicial Studies Program and California Judicial College. He currently serves as vice president of the Board of Harbor Commissioners for the Port of Los Angeles. The California Law Business Journal of The Daily Journal has listed Mr. Lui as among The Top 100 Most Influential Attorneys and described him as a coveted litigator with numerous victories to his name. He is the recipient of the California Judicial Council s Bernard Witkin Amicus Curiae Award, the UCLA Alumni Professional Achievement Award, and the UCLA Law School s Alumnus of the Year Award.

3 Michael A. Carvin Mr. Carvin is a graduate of George Washington University Law Center and served at the Department of Justice in several official capacities, including Deputy Assistant Attorney General, Office of Legal Counsel. He focuses on constitutional, appellate, and civil rights law, as well as civil litigation against the federal government. He has extensive trial experience and has argued numerous United States Supreme Court and appellate cases including decisions: overturning the federal government s plan to statistically adjust the census; limiting the Justice Department s ability to create majority-minority districts; and upholding Proposition 209 s ban on racial preferences in California. In addition, he has represented state governments, financial institutions, telecommunications companies, and energy companies in takings, First Amendment, civil rights, and statutory challenges to federal government actions. Recently, he represented now-president Bush in the 2000 election Florida recount controversy. Richard H. Sayler Mr. Sayler is a graduate of the University of Michigan Law School, where he was editor-in-chief of the Law Review and was elected to the Order of the Coif. He clerked for Chief Judge J. Edward Lumbard of the United States Court of Appeals for the Second Circuit and Justice Byron R. White of the United States Supreme Court. Mr. Sayler also served as Special Assistant to the Assistant Attorney General in Charge of the Antitrust Division at the United States Justice Department. He has extensive complex case and appellate experience in areas including antitrust, securities, takeovers, intellectual property, state and federal taxation, ERISA, contracts, and commercial arbitration matters under the auspices of both the American Arbitration Association and the International Chamber of Commerce. He has also handled a number of civil and criminal investigations conducted by the Antitrust Division, the Federal Trade Commission, and other federal and state agencies. He has had a lead role in a variety of transactional work including acquisitions, divestitures, joint ventures, product distribution, intellectual property licensing, and commercial contracts of all kinds for large U.S. and non-u.s. companies. Mr. Sayler often sits as an arbitrator in important commercial disputes and is a member of the AAA s Commercial and Large Complex Case Panels, and of the Library of Congress Copyright Arbitration Royalty Panel. He is a member of the ABA (Litigation, Antitrust Law, Intellectual Property Law, Business Law, and International Law and Practice Sections), the New York State Bar Association, the Association of the Bar of the City of New York, and the Ohio State Bar Association. He has written and lectured on antitrust, intellectual property, and transnational litigation. Gregory A. Castanias Mr. Castanias is a graduate of the Indiana University School of Law, where he served as an editor of the Law Journal and was elected to the Order of the Coif and the Order of Barristers. He clerked for Judge George C. Pratt of the United States Court of Appeals for the Second Circuit. Mr. Castanias has considerable experience in a wide variety of trial and appellate litigation, including in the United States Supreme Court, in areas such as intellectual property, international law and international arbitration, class actions, antitrust, product liability, and constitutional challenges, particularly involving constitutional limitations upon state and local taxation. He has argued several cases in the federal courts of appeals and district courts, including a number of complex patent-infringement cases in the United States Court of Appeals for the Federal Circuit, where he has appeared in more than 60 cases since He recently appeared as co-lead counsel in The Loewen Group, Inc. v. United States, an international arbitration in the first investor-protection suit brought against the United States under the North American Free Trade Agreement (NAFTA). He is co-author of Leading United States Supreme Court State Tax Cases (BNA 1995 with 1997 Supplement), co-author of Survey of the Federal Circuit s Patent Law Decisions in 2000: Y2K in Review, 50 Am. U. Law. Rev (2001), and has authored a number of articles on evidence, intellectual property and state and local taxation. Mr. Castanias is also a member of the Firm s Technology Issues Practice, has represented clients in matters involving Internet law, and has authored articles on Internet-related subjects. He is a Barrister of the Edward Coke Appellate Inn of Court in Washington, D.C., and has served two terms on the Executive Committee of the International Trade Commission Trial Lawyers Association.

4 Jack G. Carnegie Mr. Carnegie is a graduate of the University of Texas School of Law, where he was a member of the Law Review. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. He specializes in dispositive motions and appellate practice but also has extensive trial experience and continues to maintain an active trial practice. He has argued many appeals in both state and federal courts, including Crown Central Petroleum v. Garcia, an original proceeding in which the Texas Supreme Court severely curtailed the practice of taking so-called apex depositions of highlevel corporate officers. His substantive experience includes complex commercial disputes, particularly in connection with energy-related industries, contract and tortious interference claims, and insurance and indemnity issues. He has also authored several articles and spoken on dispositive motions, appellate practice, and Texas insurance and indemnity law. Craig E. Stewart Mr. Stewart is a graduate of Brigham Young University Law School, where he was the executive editor of the Law Review and was elected to the Order of the Coif. He clerked for Judge Thomas M. Reavley of the United States Court of Appeals for the Fifth Circuit. He has represented clients in dozens of appeals in federal and state courts in a broad range of subject matter areas, including antitrust, employment, ERISA, environmental law, land use, constitutional claims, privacy, mass torts, contract disputes, and product liability. Mr. Stewart s cases include landmark decisions from the California Supreme Court on the summary judgment standard in antitrust conspiracy cases, the arbitrability of employment disputes, and the constitutionality of student-athlete drug testing. In the trial court, his practice focuses on complex business litigation, primarily antitrust and unfair business practice claims. He has litigated numerous motions to dismiss, class certification and summary judgment motions, and other significant motions in major litigation. Margaret I. Lyle Ms. Lyle is a graduate of the University of Texas School of Law, where she was Grand Chancellor, served as articles editor of the Law Review, and was elected to the Order of the Coif. She clerked for Judge Thomas Gibbs Gee of the United States Court of Appeals for the Fifth Circuit. Ms. Lyle has broad experience in complex commercial litigation and class actions. She has represented a manufacturing client in the coordinated defense of more than 30 proposed state and federal class actions presenting theories of product liability, consumer fraud, RICO, and medical monitoring, including the first case in which a state supreme court rejected medical monitoring as a new theory of recovery in tort. She has also represented clients in the chemical, semiconductor, steel, mining, food service, and financial industries in litigation over technology transfers and patents, insurance coverage, construction, real property, and class claims under the Fair Credit Reporting Act. Ms. Lyle is a member of Attorneys Serving the Community and has served on the boards of community arts, historical, and pro bono legal organizations. She serves on the panel of practitioner contributors to Black s Law Dictionary and has written seminar materials on class actions and taught business law.

5 The following attorneys are Of Counsel in the Issues & Appeals Practice: Robert H. Klonoff Mr. Klonoff is a graduate of Yale Law School. He served as a law clerk to Chief Judge John R. Brown of the United States Court of Appeals for the Fifth Circuit. Thereafter, he served as Assistant United States Attorney for the District of Columbia and as Assistant to the Solicitor General of the United States. Mr. Klonoff has argued eight cases in the United States Supreme Court, as well as myriad cases in the federal courts of appeals and other courts. He focuses on complex civil litigation and has handled dozens of highly publicized class action lawsuits, at both the trial and appellate levels, including mass tort, securities, employment, and consumer fraud cases. He co-authored the premier class action casebook, Class Actions and Other Multi-Party Litigation (West Group 2000), and authored Class Actions and Other Multi-Party Litigation In A Nutshell (West Group 1999). Mr. Klonoff also has extensive jury trial experience and is the co-author of a leading text on trial advocacy, Sponsorship Strategy: Evidentiary Tactics for Winning Jury Trials (Michie Co. 1990), the second edition of which was published in 2002 by Lexis/ Nexis (Winning Jury Trials). In addition, he has taught courses in trial practice, commercial law, and criminal procedure. Mr. Klonoff also heads Jones Day s firmwide pro bono program and has handled a wide variety of pro bono cases, including death penalty and other criminal appeals. In addition to serving as Of Counsel to the Firm, Mr. Klonoff holds the position of Douglas Stripp/Missouri Endowed Professor of Law at the University of Missouri-Kansas City School of Law. He previously served as an adjunct professor at Georgetown University Law Center. Mr. Klonoff is a Fellow in the American Academy of Appellate Lawyers. Beth Heifetz Ms. Heifetz is a graduate of New York University School of Law, where she was elected to Order of the Coif, awarded the Pomeroy Prize for academic excellence, and served as note and comment editor for the Law Review. She clerked for Judge Abner Mikva of the United States Court of Appeals for the District of Columbia Circuit and Justice Harry A. Blackmun of the United States Supreme Court. Ms. Heifetz focuses on appellate litigation, representing clients in both federal and state courts in constitutional, antitrust, tax, and securities cases, among others. She has argued several appeals in the United States Courts of Appeals. In addition, Ms. Heifetz has substantial trial experience and has served as lead counsel in cases in the United States District Courts. She has served as co-chair of the Appellate Practice Committee of the ABA Section of Litigation. Meir Feder Mr. Feder is a graduate of Harvard Law School, magna cum laude, where he served as Supreme Court editor of the Law Review and argued for the championship team in the Ames Moot Court Competition. He clerked for Judge William A. Norris of the United States Court of Appeals for the Ninth Circuit and Justice David H. Souter of the United States Supreme Court. Mr. Feder served for six years as an Assistant United States Attorney in the United States Attorney s Office for the Southern District of New York, Criminal Division, and prior to that practiced as a civil litigator at the firm of Wachtell, Lipton, Rosen & Katz. At the United States Attorney s Office, he was Deputy Chief of the Appeals Unit, which oversees briefing and argument of all appeals before the United States Court of Appeals for the Second Circuit, and also prosecuted cases ranging from health care and bank fraud to international narcotics trafficking. He has extensive experience in complex civil and criminal litigation and arbitration, with a particular focus on appellate litigation and dispositive motions. Mr. Feder has argued numerous appeals in the United States Court of Appeals for the Second Circuit, where he has written and edited briefs in more than 50 cases, and also has tried many cases in federal district court. Kenneth S. Abraham Professor Abraham is a consultant to Jones Day and a member of the faculty of the University of Virginia School of Law, where he holds an endowed chair and teaches insurance, environmental law, and torts. He is a graduate of Yale Law School and is widely recognized as the nation s leading academic expert on insurance law. Professor Abraham has worked with Jones Day attorneys representing policyholders in lawsuits against insurers for coverage of environmental cleanup costs, mass toxic tort suits, and product liability matters. In addition, he has counseled policyholders in connection with a wide variety of insurance issues. The author of four books and dozens of articles on insurance, environmental liability, and tort law, Professor Abraham s unique ability to translate theory into practice has been a tremendous asset to Jones Day clients faced with challenging insurance problems.

6 The following associate attorneys are part of the Issues & Appeals Practice: Julia C. Ambrose Ms. Ambrose is a graduate of Vanderbilt University Law School where she was editor-in-chief of the Law Review, was the Founder s Medalist, and was elected to the Order of the Coif. She clerked for Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and for Justice Sandra Day O Connor of the United States Supreme Court from Victoria Dorfman Ms. Dorfman is a graduate of Harvard Law School, where she served as articles, books, and commentaries editor of the Law Review. She clerked for Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit and for Justice Clarence Thomas of the United States Supreme Court. Shay Dvoretzky Mr. Dvoretzky is a graduate of Yale Law School, where he was a member of the Yale Law Journal and was awarded Coker, Olin, and Yale Club Fellowships and the William Wang Prize. He clerked for Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit and for Justice Antonin Scalia of the United States Supreme Court. His areas of experience include constitutional law, class actions, appellate review of punitive damages, intellectual property, and general commercial litigation. Louis K. Fisher Mr. Fisher is a graduate of Yale Law School, where he was a member of the Yale Law Journal. He clerked for Judge Douglas P. Woodlock of the United States District Court for the District of Massachusetts and for Judge José A. Cabranes of the United States Court of Appeals for the Second Circuit. He has experience in trial and appellate litigation on a broad range of issues, including considerable experience in redistricting litigation and other cases involving individual constitutional rights. Michael S. Fried Mr. Fried is a graduate of Columbia Law School, where he served as an editor of the Law Review. He clerked for Judge J. Daniel Mahoney of the United States Court of Appeals for the Second Circuit and served for two years in the Office of the General Counsel of the Federal Trade Commission. Mr. Fried has argued several cases in the federal courts of appeals; has considerable experience in antitrust, intellectual property, and labor and employment matters; and has published an article in the Rutgers University Law Review concerning issues in the theory of statutory interpretation. Todd Geremia Mr. Geremia is a graduate of Northwestern University School of Law, where he served as articles editor of the Law Review and was elected to the Order of the Coif. He clerked for Chief Judge Ralph K. Winter of the United States Court of Appeals for the Second Circuit. Mr. Geremia has experience at the trial and appellate level in defense of patent infringement, securities fraud, and product liability matters, and has argued before the United States Courts of Appeals for the Second and Third Circuits. Rasha Gerges Ms. Gerges is a graduate of the UCLA School of Law, where she served as president of the Moot Court Board and was elected to the Order of the Coif. She clerked for Judge Gary A. Feess of the United States District Court for the Central District of California and for Judge Ferdinand F. Fernandez of the United States Court of Appeals for the Ninth Circuit. Stephen J. Goodman Mr. Goodman is a graduate of Yale Law School. He has considerable experience in both trial and appellate litigation, particularly in the area of insurance law. Sandra Kaczmarczyk Ms. Kaczmarczyk is a graduate of Georgetown Law School. She has experience working with a range of procedural and substantive issues, including motions for remand and injunction, motions to dismiss, petitions for certiorari, appeals of contract claims, and class actions. Ms. Kaczmarczyk has argued before the United States Court of Appeals for the Third Circuit.

7 Traci Lovitt Ms. Lovitt is a graduate of Duke Law School, where she finished first in her class, served as articles editor of the Law Review, and was elected to the Order of the Coif. She clerked for Judge Ralph K. Winter, Jr. of the United States Court of Appeals for the Second Circuit and Justice Sandra Day O Connor of the United States Supreme Court. Ms. Lovitt focuses on commercial, constitutional, and appellate litigation and has handled numerous cases in state and federal courts of appeal. She was recently appointed to the Second Circuit Committee of the Federal Bar Council and has published articles on expert testimony, damage awards under the Lanham Act, and required disclosures under securities law. Emily M. Morris Ms. Morris is a graduate of the University of Michigan Law School, where she was granted an Olin Fellowship, was elected to the Order of the Coif, and served as an articles editor on the Law Review. She clerked for Judge Bruce M. Selya of the United States Court of Appeals for the First Circuit. She co-authored, with Mark West of the University of Michigan, an article appearing in the American Journal of Comparative Law. Brian J. Murray Mr. Murray is a graduate of the University of Notre Dame Law School, where he served as an article editor of the Law Review and received the Col. William J. Hoynes prize, the highest honor bestowed by the law school. He worked for a year in the Firm s Chicago Office before clerking for Judge Diarmuid F. O Scannlain of the United States Court of Appeals for the Ninth Circuit, and for Justice Antonin Scalia of the United States Supreme Court. He has authored or co-authored several law review articles, including a piece on true threats and the First Amendment published in the Brigham Young University Law Review. Mr. Murray has argued a number of trial motions and has also argued before the United States Court of Appeals for the Ninth Circuit. Erica L. Reilley Ms. Reilley is a graduate of Loyola Marymount University Law School, where she served as chief note and comment editor for the Law Review. She clerked for Judge William J. Rea of the United States District Court for the Central District of California. Ms. Reilley has experience in both trial and appellate litigation in a variety of fields, including contract law, state tort law, and insurance law. Charles R.A. Morse Mr. Morse is a graduate of Harvard Law School, where he served as executive editor of the Law Review and as an editor of the Harvard Journal of Law and Public Policy. He clerked for the Honorable Madam Justice Ellen Picard of the Court of Appeals for Alberta, Canada and for the Honorable Mr. Justice Frank Iacobucci of the Supreme Court of Canada. Mr. Morse has worked on a number of complex matters in federal and state courts. He has helped prepare several briefs for filing in the United States Supreme Court, both at the certiorari stage and on the merits. His significant representations include cases in many areas of the law, including class actions, product liability matters, contract disputes, patents, and immigration. Mr. Morse has particular experience in the constitutional standards governing awards of punitive damages and has consulted on a number of cases involving the prospect of large punitive awards. He has argued before the United States Court of Appeals for the Third Circuit. Lawrence D. Rosenberg Mr. Rosenberg is a graduate of the University of Pennsylvania Law School, where he served as an editor of the Law Review and was elected to the Order of the Coif. He clerked for Judge Jane R. Roth of the United States Court of Appeals for the Third Circuit and served for five years as a Trial Attorney in the Attorney General s Honor Program at the United States Department of Justice. Mr. Rosenberg has argued numerous cases in the federal courts of appeals and has served as lead counsel in several complex bench and jury trials in the federal district courts. He has considerable experience in administrative law and agency practice, antitrust, constitutional law, intellectual property, labor and employment, product liability, and securities law. Mr. Rosenberg is coauthor of Survey of the Federal Circuit s Patent Law Decisions in 2000: Y2K in Review, 50 Am. U. Law. Rev (2001), and has authored articles on class actions, civil procedure, and labor and employment law.

8 Eugenia C. Salamon Ms. Salamon is a graduate of the University of Chicago Law School, where she served as topic access editor of the Law Review. She clerked for Judge Alicemarie H. Stotler of the United States District Court for the Central District of California. Ms. Salamon has considerable experience representing state and local public entities. She has argued before the United States Court of Appeals for the Ninth Circuit. Mary Beth Young Ms. Young is a graduate of the University of Chicago Law School, where she served as articles editor of the Law Review and was elected to the Order of the Coif. She clerked for Judge David B. Sentelle of the United States Court of Appeals for the District of Columbia Circuit and for Justice Antonin Scalia of the United States Supreme Court. Ms. Young s substantive experience includes First Amendment commercial speech and religion issues, constitutional challenges to state and local taxation, federal preemption, and labor and employment law Jones Day. All rights reserved. Printed in the U.S.A.