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Bridge-the-Gap I: Ethics and Skills for Newly Admitted New York Attorneys 2014

 
Practice Area: Corporate & Securities, Litigation
Published: Jan 2014
PLI Item #: 49311

Practice Areas/Industries

  • Litigation
    • Antitrust & Competition
    • Financial Services Litigation
    • Securities Litigation
  • Health Care & Life Sciences
  • Corporate & Securities
    • Antitrust & Competition

 

David Keyko is a partner in the law firm's Litigation practice and is located in the New York office. His practice has focused on major, complex litigation, often involving multiple parties. He has handled cases involving allegations of securities or other types of fraud, antitrust violations, ethics issues and trusts and estates issues across the country, often involving insurance coverage issues. He has conducted internal investigations and represented clients responding to government probes. Trials include: representing a plaintiff in a four-week  bench trial in federal court in New York concerning a fraudulent scheme to finance the importation of coffee beans, which resulted in a $90 million judgment; a five-week jury trial in federal court in New Jersey concerning an alleged scheme to manipulate world-wide commodity prices; and a four-month bench trial in federal court in Louisiana concerning the finances of a bankrupt oil and gas company. He has also served as an expert witness in connection with legal malpractice litigation. Among the prominent cases Mr. Keyko has handled was the representation of the primary claimant to a $1.5 billion estate in lawsuits  filed in several jurisdictions.

Mr. Keyko was named the "New York City Best Lawyers Ethics and Professional Responsibility Law Lawyer of the Year" for 2012. He has lectured and written widely on securities, antitrust, legal ethics and general litigation topics, and chairs PLI's programs on federal pretrial practice and ethics for corporate lawyers. He is a former columnist for the New York Law Journal and has written several dozen articles on litigation and ethics issues for such publications as the National Law Journal, and Metropolitan Corporate Counsel, on whose advisory board Mr. Keyko served.


Hon. Ariel E. Belen (Ret.) was an Associate Justice of the Appellate Division, Second Department since 2008 and has served as a Justice of the New York Supreme Court trial and appellate terms since 1995. Justice Belen helped create the Kings County Commercial Division and then presided as a Justice handling complex commercial cases from 2002 to 2005. Over the course of nearly 18 years of distinguished judicial service, he developed a reputation as a calm, intelligent, fair, and hardworking jurist. He presided over countless matters covering the gamut of civil litigation from administrative to zoning law. A prolific writer, Justice Belen co-authored New York Trial Notebook, a comprehensive trial practice treatise. He was an instructor for many years at the New York State Judicial Institute where he taught all newly appointed or elected New York judges in the art of judging.

Justice Belen is fluent in Spanish. He can effectively communicate with Spanish speaking litigants and clients in all matters. Download Justice Belen's biography in Spanish.

ADR Experience and Qualifications

  • Justice Belen is the current Chair of the Arbitration and ADR Committee of the New York County Lawyers Association.
  • Justice Belen presided for several years over the Jury Coordinating and Trial Assignment parts in Kings County through which all trial ready cases were calendared for pretrial conferences before jury selection. In this capacity, he settled hundreds of trial-ready cases valued at hundreds of millions of dollars. While he presided in these parts, he created innovative programs for early and efficient mediation.
  • As Administrative Judge of Kings County Supreme Court, he innovated in the creation of new rules, procedures, and court parts with the primary goal of early dispute resolution.
  • As an Associate Justice of the Appellate Division, he has adjudicated thousands of matters on appeal in what is, in effect, the court of last resort for nearly twelve million people living in ten urban, suburban, and ex-urban counties within the New York metropolitan area.
  • As Chief, New York City Office of Corporation Counsel, Bronx Tort Division, Justice Belen was responsible for settling hundreds of matters.

Background and Education
  • Associate Justice, Appellate Division, Second Department, Supreme Court of the State of New York, 2008-2012
  • Justice of the Supreme Court of the State of New York, 1995-2012
  • Administrative Judge, Civil Term, Supreme Court, Kings County, 2007-2008
    • Associate Justice, Appellate Term, Supreme Court, Second and Eleventh Judicial Districts, 2005-2012
    • Justice of the Commercial Division, Supreme Court of the State of New York, 2002-2005
  • Chief, Bronx Borough Office, City of New York Law Department, Office of the Corporation Counsel, Tort Division, 1994-1995
  • Deputy Chief, Brooklyn Tort Division, City of New York Law Department, Office of the Corporation Counsel, 1993-1994
  • Assistant Corporation Counsel, City of New York Law Department, Office of the Corporation Counsel, 1990-1993
  • Supervising Attorney, Legal Aid Society of New York, Criminal Defense Division, 1986-1989
  • Criminal Trial Attorney, Legal Aid Society of New York, Criminal Defense Division, 1981-1986
  • J.D., with Specialization in International Legal Affairs, Cornell Law School, 1981
  • B.A., cum laude, Brooklyn College, 1978


Jason Aylesworth began his law career as a file clerk for the music law firm of Mayer, Katz, Baker, Leibowitz and Roberts, P.C., which represented such music labels as Atlantic and Electra Records. After that firm's dissolution in 1996, he worked for Sendroff & Associates, P.C. as an office manager and financial administrator. Inspired by that firm's involvement in a wide variety of entertainment matters, ten years later, Jason attended Touro Law Center, while assisting with licenses, contracts and filings as a full-time Legal Assistant to Mark Sendroff.

While at Touro, he served as President of Touro's Alternative Dispute Resolution ("ADR") Society, as well as a representative in Touro's Student Bar Association. He also held positions as Treasurer for both the Intellectual Property Society and the ADR Society.

As an active participant in numerous American Bar Association ("ABA") ADR competitions, Jason won both the Negotiation Competition and Arbitration Competition at Touro and placed Second in the Client Counseling Competition. In addition to representing Touro in the regional ABA Negotiation Competition in New York and ABA Arbitration Competition in Oklahoma, he competed successfully in two regional ABA Mediation Competitions.

Jason received a number of awards for his work at Touro, including a Graduation Award for his services to the New York State Bar Association ("NYSBA"), the CALI Award for Excellence for his performance in Drafting Commercial Documents and the 2009 Lawyer Assistance Trust Law School Award for his services as the Lawyers Assistance Program representative during his final year at Touro.

As an attorney for Sendroff & Baruch, LLP since 2009, he has represented a wide variety of artists in theatre, music, film and television including dramatists, directors and designers, as well as producers, music publishers and theatre companies.

Jason is an active member of the Entertainment Arts and Sports Law Section (EASL) of the NYSBA. He co-chairs both the Alternative Dispute Resolution Committee and the Digital Media Committee for EASL, and served as a co-chair on the Negotiation Committee for the Dispute Resolution Section of the NYSBA. Jason was recently appointed as chair of the newly formed Law Student Liaison committee for EASL. He created and moderated the EASL CLE programs “Crowdfunding for Theatre and Film Under the Jumpstart Our Business Startups (JOBS) Act of 2012” and “Game Not Over: Protection of Free Speech in the Video Game Industry,” as well as moderated the EASL CLE program “Is Manga a Crime? Non-photographic Images, Child Pornography and Freedom of Expression.” In addition, Jason’s articles “Mediation in Film, Television, Art and Real Life” and “The Childlike Novelty of Video Games, and Its Serious Progeny of Legal Challenges for Adults” were published in the Spring 2013 publication of “Entertainment, Arts and Sports Law Journal.”

He has served as a guest lecturer at Touro Law Center, Cardozo Law School, Practicing Law Institute, New York Foundation for the Arts and the School of Visual Arts on such areas of law including Copyright, Contract Negotiation and Drafting Commercial Documents. Jason is developing and teaching a course for the Practicing Law Institute entitled “The Three S’s of Negotiation: Styles, Strategies, and Skills” for January, 2014, and will co-teach “Performing Arts and Law” for the Brooklyn College MFA Performing Arts Management Program in Spring, 2014.

Jason received his Bachelors of Arts degree from Fordham University, where he majored in Theatre and Economics, and a Certificate in Film Production at Brooklyn College. He is admitted to the Bar in both Connecticut and New York.


Jennifer Smith Finnegan is general counsel to the firm and focuses her practice on professional responsibility, legal ethics, risk management and compliance issues.

Prior to serving as the firm's general counsel, Jenny was a partner in Herrick's Litigation Department and focused her practice on complex litigation for financial institutions and for manufacturers in the pharmaceutical, consumer products, automotive and chemical industries. Jenny is a member of the New York and New Jersey Bars and practices in state and federal courts throughout New Jersey and New York at both the trial and appellate level.

Jenny is co-chair of the firm's Best Practices Committee. She is a regular presenter of seminars and author of articles on topics such as ethics, e-discovery, document retention, and product liability.

Prior to joining Herrick in 1998, Jenny worked at the Smithsonian Institution in Washington, DC, negotiating agreements for its museums and organizations.

Jenny graduated from Georgetown University Law Center in 1995 and received her undergraduate degree summa cum laude from The College of New Jersey, where she was ranked first in her graduating class. Jenny is the mother of three children and lives with them and her husband near Princeton.


Rebecca L. Ambrose is an Associate at Jackson Lewis where her practice focuses exclusively on legal ethics and professional responsibility matters.  Rebecca advises her firm on a variety of ethics issues including conflicts of interest, disqualification, sanctions, attorney advertising, bar admission requirements and malpractice defense.  She frequently lectures on topics related to legal ethics.  Rebecca is a 2007 graduate of the University of California, Berkeley, Boalt Hall School of Law.


Simeon Baum, President of Resolve Mediation Services, Inc., has successfully mediated over 1,000 disputes.  He has been active since 1992 as a neutral in dispute resolution, assuming the roles of mediator, neutral evaluator and arbitrator in a variety of cases, including the highly publicized mediation of the Studio Daniel Libeskind-Silverstein Properties dispute over architectural fees relating to the redevelopment of the World Trade Center site, Trump’s $ 1 billion suit over the West Side Hudson River development, and Archie Comics’ shareholder/CEO dispute.  He was selected for New York Magazine’s 2005 - 2014 “Best Lawyers” and “New York Super Lawyers” listings for ADR, and Best Lawyers’ “Lawyer of the Year” for ADR in New York for 2011 and 2014, and for the International Who’s Who of Commercial Mediation Lawyers 2012-14.

An attorney, with 30 years’ experience as a litigator, Mr. Baum has served as a mediator or ADR neutral in a wide variety of matters involving claims concerning business disputes, financial services, securities industry disputes, reinsurance and insurance coverage, property damage and personal injury, malpractice, employment, ERISA benefits, accounting, civil rights, partnership, family business, real property, construction, surety bond defaults, unfair competition, fraud, bank fraud, bankruptcy, intellectual property, and commercial claims.

Mr. Baum has a longstanding involvement in Alternative Dispute Resolution ("ADR"). He has served as a neutral for the United States District Courts for the Southern and Eastern Districts of New York Mediation Panels; New Jersey Superior Court, Civil Part, Statewide; Commercial Division, New York State Supreme Court, New York & Westchester Counties; U.S. Bankruptcy Court, Southern & Eastern Districts of New York; the New York Stock Exchange; National Association of Securities Dealers; the U.S. Postal Service, the U.S. Equal Employment Opportunity Commission, and CPR, and National Academy of Distinguished Neutrals (NADN), among others. 

Mr. Baum’s peers have appointed him to many key posts: e.g., Member, ADR Advisory Group, Commercial Division, Supreme Court, New York County; ADR Advisory Group and Mediation Ethics Advisory Committee, N.Y. State Unified Court System.  Founding Chair of the N.Y. State Bar Association’s Dispute Resolution Section, he was also subcommittee chair of the N.Y. State Bar Association’s ADR Committee; Legislative Tracking Subcommittee Chair of the ADR Committee of the Litigation Section of the American Bar Association; Charter Member, ABA Dispute Resolution Section Corporate Liaison Committee; President, Federal Bar Association’s SDNY Chapter, and Chair of the FBA’s national ADR Section.  He is past Chair of the New York County Lawyers Association (NYCLA) Committee on Arbitration and ADR.  Besides serving on the NYCLA’s Committee on Committees, he is past Chair of the Joint Committee on Fee Dispute and Conciliation (of NYCLA, ABC NY, and Bronx County Bar Associations), and is on the Board of Governors, NYS Attorney-Client Fee Dispute Resolution Program.  He is also a Fellow of the American Bar Foundation. He is a Director for the New York NADN panel.

Mr. Baum has shared his enthusiasm for ADR through teaching, training, extensive writing and public speaking.  He has taught ADR at NYU's School of Continuing and Professional Development, and he teaches Negotiation, and Processes of Dispute Resolution (focusing on Negotiation, Mediation and Arbitration) at the Benjamin N. Cardozo School of Law.  He developed and conducts 3-day programs training mediators for the Commercial Division, Supreme Court, New York, Queens, and Westchester Counties. He has been a panelist, presenter and facilitator for numerous programs on mediation, arbitration, and ADR for Judges, attorneys, and other professionals.  Mr. Baum is a graduate of Colgate University and the Fordham University School of Law. 


Steven M. Warshawsky is a solo practitioner in New York City, and an adjunct assistant professor of law at Brooklyn Law School.  His main practice areas are employment law, civil rights law, and civil litigation. 

Mr. Warshawsky is an honors graduate of Princeton University and Georgetown University Law Center, where he was Order of the Coif and served on the Georgetown Law Journal.  Following graduation, Mr. Warshawsky clerked for Judge Paul V. Niemeyer of the U.S. Court of Appeals for the Fourth Circuit and Judge Catherine C. Blake of the U.S. District Court for Maryland.  After his clerkships, he was an associate at Covington & Burling in Washington, D.C., and Paul, Hastings, Janofsky & Walker in New York City, where he focused on employment law counseling and litigation.  Before starting his own firm, Mr. Warshawsky spent four years as an Assistant United States Attorney, Civil Division, for the Eastern District of New York.