Current Publications
- Going Paperless: A Journey, Not a Destination
- Best Practices Regarding Evidence
- Counsel’s Preparation For A Mediation: Creating The Basis For Resolution
- Five Things Your Client Should Know And You Should Do Before A Mediation
- Getting Real About Discovery in Arbitrations
Selected Publications
- Federal Securities Litigation: A Deskbook for the Practitioner (co-author), DataTrace Publishing Company;
- “Legal And Ethical Issues Affecting The Conduct Of An Internal Investigation By Audit Committees And Independent Counsel,” Practising Law Institute, June 28, 2011;
- “In The Courts: The Crisis in Judicial Nominations and Confirmations,” Federal Bar Council Quarterly, Winter 2010;
- “Conduct of Internal Investigations”, Directors’ College, Stanford Law School, June 22, 2009;
- “Rule 502: Issues and Solutions”, Sedona Conference, Sedona, Arizona, April 29 – May 1, 2009;
- “Recommended Practices in the Conduct of Internal Investigations” (principal draftsman), American College of Trial Lawyers, 2008;
- “Preserving Work Product Protection For Litigation Reserve Analyses Shared With Auditors,” ALI-ABA Course of Study, May 15 – 16, 2008;
- Recent developments in the enforcement of the Foreign Corrupt Practices Act, Journal of Securities Compliance, Volume 1, Issue 3 (2008) (co-author);
- “Liability of Internal Counsel”, IIEF 6th Annual Global Shareholder Activism Conference, November 2007
- “Update of Developments in the Corporate Attorney-Client Privilege”, Journal Of Investment Management, Winter 2006;
- “Ethical Considerations for Corporate Investigations”, ABCNY Center for Continuing Education, NYC, September 9, 2006;
- “SRO/SEC Enforcement”, American Conference Institute, NYC, October 13, 2006;
- “Electronic Discovery”, Third Annual Georgetown Institute on E-Dscovery, Washington, DC, November 17, 2006;
- “Want to Certify a Class Action?”, New York Law Journal, Dec. 4, 2006 (co-author);
- “Under Fire: The Corporate Attorney-Client Privilege,” Inside Litigation, Spring 2005;
- “The Role of Forensic Accounting in Identifying and Reacting to Allegations of Financial Fraud and Employee Misconduct,” in WHAT EVERY LAWYER NEEDS TO KNOW ABOUT FORENSIC ACCOUNTING 39 (PLI Corp. L. & Practice, Course Handbook Series No. 7444, 2005);
- “Legal Exposure Of Internal Counsel Post-Sarbanes-Oxley,” Practising Law Institute, 154 PLI/NY 137 (2005);
- “Crisis Management In 2005: How The Post-Sarbanes Corporation Should Prepare For The Unexpected And Survive So As To Enhance Shareholder Value,” Practising Law Institute, 1479 PLI/Corp 509 (2005);
- “Legal and Ethical Issues Arising in Discovery,” 633 PLI/Lit 219 (July 2000);
- “Private Actions and Private Rights: Current Hot Topics in Securities Litigation,” 1151 PLI/Corp. 773 (1999);
- “A Critique of the Misappropriation Theory of Insider Trading,” 20 Cardozo L. Rev. 41 (1998) (co-author);
- “Sins of Our Clients: Professional Liability Issues After CENTRAL BANK: Aiding and Abetting; Rule 2(E); and Lawyers as Directors and Stockholders – What Are the Rules of the Road?” PLI/Corp 161 November, 1998 1083
- “Securities Litigation 1994: Insider Trading: Theories Of Liability and Recent Developments,” 509 PLI/Lit 539, October 1994;
- “Multiple Representation of a Corporation and its Employees: Establishing and Protecting the Attorney-Client Privilege and Protecting Against Conflicts of Interest,” 741 PLI/Corp 175, June 10, 1991;
- “Measures of Damages in Private Actions for Violations of the Federal Securities Laws,” 417 PLI/Lit 761, October-November, 1991;
- “Insider Trading: The New Act, Old Problems, and Their Effect on Law, 400 PLI/Lit 367, October 1990;
- “ADR Discovery Techniques,” ALI–ABA Course of Study in The Role of Corporate Counsel in Litigation, December 6, 1990;
- “Multiple Representation Of The Corporation And Its Employees,” C460 ALI-ABA 165, November 2, 1989;
- “Insider Trading and the Insider Trading Sanctions Act of 1984: New Wine into New Bottles,” 41 Washington and Lee Law Review 921 (Summer 1984);
- “Opening Statements” in Business and Commercial Litigation in Federal Courts, West Publishing (annual update);
- “Judgments” in Commercial Litigation in New York State Courts, West Publishing (annual update);
- “The Planning Process” in Successful Partnering Between Inside and Outside Counsel, West Publishing (annual update).