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PLI Ethics Programs: Spring 2014

 
Author(s): C. Evan Stewart, Howard Schneider, Michael S. Sackheim, Jeremy Feigelson, David Rabinowitz
Practice Area: Corporate & Securities, Ethics/Professional Responsibility
Published: Feb 2014
PLI Item #: 49395
CHB Spine #: F245

Jeremy Feigelson is a litigation partner in the firm’s Intellectual Property and Media Group and leads the firm’s Cybersecurity & Data Privacy practice. He frequently represents clients in litigations and government investigations that involve the Internet and new technologies. His practice includes litigation and counseling on privacy, trademark, false advertising, copyright, and defamation matters. Mr. Feigelson has a broad and active practice in financial services matters, including securities litigation, investment management disputes and counseling of fund boards, the conduct of internal reviews, defense of government investigations, and complex commercial litigation.

Mr. Feigelson regularly speaks and writes on legal issues involving intellectual property, technology and privacy. He has served on the Communications Law Committee of the New York City Bar Association and the Special Committee on Cyberspace Law of the New York State Bar Association. His recent publications include “New York State Department Of Financial Services Expands Its Cyber Focus To Insurers,” FC&S Legal (April, 2015), “Cyber Security: The Burden Approaches the Boardroom,” NACD Directorship (October, 2013) and “United States v. Hamilton,” E-Commerce Law Reports (May, 2013).

Mr. Feigelson joined Debevoise in 1992 and became a partner in 2001. He received his A.B. magna cum laude from Princeton University’s Woodrow Wilson School of Public and International Affairs in 1984. He received his J.D. cum laude from the University of Chicago Law School in 1991, where he was admitted to the Order of the Coif and served as Articles Editor of the Law Review. From 1991 to 1992, he served as law clerk to the Honorable Milton I. Shadur, U.S. District Court for the Northern District of Illinois.

Mr. Feigelson has a longstanding commitment to public service. Prior to law school he worked in a variety of positions in the administration of Mayor Edward I. Koch of New York City. From 2011 to 2014 he chaired the Government Ethics Committee of the New York City Bar Association. He serves as a Trustee of the Citizens Budget Commission, on the Board of Directors of the Partnership for the Homeless, on the Leadership Council of the Committee to Protect Journalists, and on the Advisory Board of the Center for the Advancement of Public Integrity.

Bar Admissions

New York

Education

University of Chicago Law School, 1991, J.D.

Princeton University, 1984, A.B.


Mr. Stewart’s practice focuses principally on the financial services industry, where he handles litigation matters for domestic and international clients before federal and state trial and appellate courts, in arbitration forums, as well as before the Judicial Panel on Multidistrict Litigation and the U.S. Supreme Court. He advises clients on a range of complex commercial matters, including antitrust, bankruptcy, class action defense, ethics, intellectual property, internal investigations, securities litigation, and tax controversies.

Mr. Stewart was featured by the New York Law Journal in the “Top Trials of 2005” for his successful representation of Theodore Sihpol, the first person in U.S. history to be criminally charged for “late trading” mutual funds. More recently, Mr. Stewart successfully represented Gary Prince against the U.S. Securities and Exchange Commission. In May of 2013, after a three week bench trial in federal court, the judge dismissed all six charges of securities fraud against Mr. Prince.

Mr. Stewart previously served twelve years as Executive Vice President and General Counsel for The Nikko Securities Co. International Inc., and as a director of Nikko Financial Services Inc. Additionally, Mr. Stewart served as First Vice President, Associate General Counsel, and Head of Litigation at E.F. Hutton & Company Inc. Since 2003, Mr. Stewart has been tasked by Goldman, Sachs & Co. to, among other things, oversee and litigate all of the disputes arising out of the company’s Private Wealth Management Division.

Mr. Stewart is a visiting professor at Cornell University and an adjunct law professor at Fordham Law School. He has been a regularly contributing columnist for the New York Law Journal since 1990 and has published over 200 articles on diverse legal subjects. He is also frequently featured in the national media and regularly speaks across the country on securities, professional responsibility, and complex litigation issues.

Recognized as a Super Lawyer for Securities Litigation since 2009, Mr. Stewart has also been hailed as a "Local Litigation Star" by Benchmark Litigation since 2010. In 2016, Mr. Stewart received the Stanford D Levy Award from the New York State Bar Association's Ethics Committee for having "significantly contributed to an understanding of professional ethics by the publication of an article, commentary or a series of articles or commentaries on the subject." In 2008, he received the Modaq Content Award for writing the most popular article in the United States. Since 1980, Mr. Stewart has been AV(R) Peer Review Rated by Martindale-Hubbell.


Since February, 2013, Mr. Schneider serves as a Senior Consultant at Charles River Associates where he provides business consulting and expert witness services.  Prior to that, from June 2010 to February 2013, Mr. Schneider was a Managing Director of Navigant Consulting, Inc.  For the five years prior to that, Mr. Schneider served as the General Counsel at MF Global, a NYSE listed futures commission merchant and securities broker/dealer, operating in the futures and derivatives markets around the world. He was formerly a partner at Katten Muchin Rosenman, LLP (“KMR”) where he concentrated in corporate, securities and derivatives/futures law and provided legal counsel in the financial markets area.  Prior to joining KMR, he served as the first General Counsel of the Commodity Futures Trading Commission.  At KMR’s predecessor firm, he was Chairman of the Corporate Department and was also Chairman of the Firm.  Mr. Schneider is also a past Chairman (1997-2001) of the American Bar Association Committee on the Regulation of Futures and Derivative Instruments (Business Law Section).  He is a member of the Association of the Bar of the City of New York, the District of Columbia Bar Association, and the New York State and American Bar Associations, as well as a member of the Futures Industry Association.  He served as Chairman of the Association of the Bar of the City of New York Committee on Commodities Regulation from 1982-85.  Mr. Schneider is a frequent lecturer and writer on legal topics. He received his undergraduate degree from Cornell University and his law degree, with distinction, from the Cornell University School of Law, where he was also an Editor of the Cornell Law Review.


David Rabinowitz is co-head of the Litigation Department and a member of the Intellectual Property Department and Legal Ethics and Law Firm Practice Department at Moses & Singer, where he has been a partner since 1985.  He handles civil commercial cases of all kinds and in particular both litigates and advises clients on financial industry and intellectual property matters.  He is also a member of Moses & Singer’s Legal Ethics and Law Firm Practice Department and a frequent speaker on ethical issues concerning negotiations, conflicts and fee agreement issues.  Mr. Rabinowitz has appeared in state and federal courts and in arbitrations throughout the United States.

Mr. Rabinowitz has lectured and participated on panels before the Bar Association of the City of New York, the American Bar Association, The Practicing Law Institute, the Copyright Society of the United States, the Licensing International annual convention and the Massachusetts Software Council.  He has taught Copyright Law at Seton Hall Law School.  He is a member and former trustee of the Copyright Society of the United States.  Mr. Rabinowitz has published numerous articles which have appeared in Advertising Age, Entertainment Law Reporter, The Entertainment Publishing and the Arts Handbook, The Bulletin of the Copyright Society of the United States American Lawyer's Corporate Counsel Magazine and The Practical Lawyer.

Education

  • Columbia University School of Law, J.D., 1976, Harlan Fiske Stone Scholar, 1973-1976
  • Massachusetts Institute of Technology, S.B., 1972

Articles

  • "New York Resolves In-House Counsel Bar Admission Problem"
  • "Up Close and Professional with New York’s Engagement Letter Rules"
  • "Communications Decency Act"
  • "Non-Traditional Fee Arrangements and Doing Business with Clients"
  • "Everything You Ever Wanted To Know About the Copyright Act Before 1909"
  • "Web Site Story 6-Breakaway Employees Beware"
  • "Web Site Story 5-Emerging Limits to Out-of-State Jurisdiction over Web Sites"
  • "Web Site Story 4-Nationwide Internet Jurisdiction is not Ended by Blue Note"
  • "Web Site Story 3-The Emerging Tort of Domain Name Infringement"
  • "Web Site Story 2-Finding Yourself Subject to Jurisdiction Far, Far Away"
  • "Web Site Story-A Legal Primer for Web Site Owners and Designers"
  • "Copyright Preemption: New York State's Erroneous Interpretation"
  • "Copyright and Trademark Infringement: Current Techniques for Plaintiffs and Defendants"

Presentations – (last 10 years - most recent year for series)

  • 2015 Practicing Law Institute program, "Ethics for the Negotiating Lawyer"
  • 2015 Practicing Law Institute program, "Advanced Licensing Agreements"
  • 2014 Practicing Law Institute program, "Understanding The Intellectual Property License"
  • 2014 Practicing Law Institute program, “Outsourcing 2015: Sourcing Critical Services”
  • 2012, 2007 Copyright Society of the U.S.A., "Basic Ethics for the Negotiating Lawyer," "Non-Traditional Fee Arrangements and Doing Business with Clients"
  • 2005 Practicing Law Institute program, "Know Your Boundaries! The Unauthorized Practice of Law"
  • 2008 Licensing International - "Winning Ethics in Licensing"
  • 2007 Practicing Law Institute program, "Internet Law Institute"
  • 2007 CMJ Music Marathon and Film Festival, “Games Without Frontiers”
  • 2001-2004 Adjunct Professor, Copyright Law, Seton Hall Law School


Mr. Sackheim concentrates on exchange-traded and over-the-counter derivatives regulatory, transactional and enforcement matters, including structured products.  He advises financial and commercial entities on the implications of Title VII of the Dodd-Frank Act. 

Memberships and Affiliations

Past Chair, New York City Bar Derivatives Regulation Committee. 

Managing Editor, Futures & Derivatives Law Report (Thomson Reuters, publ.). 

Member, Thomson Reuters Governance, Risk and Compliance, Business Law Partner Advisory Board.

Member, Futures Industry Association, Law & Compliance Division.

Recent Publications

  • The Duck That Broke the Camel’s Back:  What SIFMA v. CFTC Means for U.S. Swaps Regulation (Futures Industry Magazine, November 2014)
  • US Swaps Compliance for Multinationals (IFLR.com, August 26, 2014)
  • End User Exception from Dodd-Frank Clearing Mandate and Trade Execution Requirement (Harvard Law School Forum on Corporate Governance and Financial Regulation Online, August 2014)
  • Structuring In Good Faith – Transactions that Will and Won’t Run Afoul of U.S. Swap Anti-Evasion Rules (International Financial Law Review, February 2014)
  • Professional Responsibility Issues for Swaps Lawyers Under Dodd-Frank (Review of Securities & Commodities Regulation, November 2012)
  • Four Critical Issues Affecting Commodity Pools and Derivative Transactions Under Proposed Regulations Implementing the Volcker Rule (Futures & Derivatives Law Report, June 2012)
  • In the Aftermath of MF Global (Law360, December 21, 2011)
  • Dodd-Frank Act Has Its First Birthday, But Derivatives End Users Have Little Cause to Celebrate (Harvard Business Law Review Online, July 2011)
  • Position Limits for Commodity Derivatives Under Dodd-Frank (Thomson Reuters Accelus™  - Business Law Currents, June 21, 2011)
  • Ethical Issues for Lawyers Under the Dodd-Frank Wall Street Reform and Consumer Protection Act:  Lawyer Representations Under the End-User Swap Exemption (Securities Regulation & Law Report, June 6, 2011)
  • Commodities Regulation and Derivatives (Chapters 3 and 16, Derivatives:  Legal Practice and Strategies, Aspen Publishers, 2010)
  • Deconstructing Dodd-Frank:  Regulation of Over-the-Counter Derivatives (Practical Law, November 2010)
  • Knocking on the Clearinghouse Door (Futures & Derivatives Law Report, August 2010)
  • Energy Prosecutions:  Is the CFTC Out of Gas? (Futures & Derivatives Law Report, December 2009)
  • DB Commodity Index Tracking Fund:  An Innovative Exchange-Traded Fund (Futures Industry Magazine, May/June 2006)
  • Derivatives, Issuers & Counsel:  Reporting of Material Violations (Derivatives Week, December 22, 2004)
  • False Reporting of OTC Energy Transactions (Review of Securities & Commodities Regulation, August 2004)
  • Ethical Standards for New York Brokerage House Attorneys (Review of Securities & Commodities Regulation, October 2000)