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SELECTED PUBLICATIONS & PRESENTATIONS

“You Are Entitled to Your Opinion, But Not to Your Career” (August 19, 2020)

“Crisis Planning: The Ounce of Prevention That Could Save a Career” (July 10, 2020)

“Passions and Judgment” (June 8, 2020)

“Muddling Through: A Lesson in Crisis Management From the COVID-19 Experience” (May 12, 2020)

“Them's That Could, Did; Now They Blog” (April 27, 2020)

“Lessons from Mismanaged Crises at Yahoo, Cuisinart and Wells Fargo,” Knowledge@Wharton (March 9, 2017)

“When Bank Compliance Fails: Enforcing Accountability,” New York Law Journal (January 11, 2016)

“Standard & Poor’s – Some Observations on the Government’s Civil Case Against Standard & Poor’s, United States v. McGraw-Hill Companies, Inc., No. 13-CV-0079 (C.D. Calif. Feb.4, 2013),” Memorandum to Clients and Friends (February 9, 2013)

Madoff and Lehman Brothers: Two Recent Decisions That May be Right on the Law, but the Law is not Right,” Memorandum to Clients and Friends (August 12, 2011)

“See You in Court? Lawsuits: How They Work and How They Don’t,” American Foreign Law Association (October 20, 2010)

“Lawyers and Money: Profession For Sale?” Securities Law360º
(http://securities.law360/print_article/171247) (June 4, 2010)

“Auction Rate Securities Litigation,” Memorandum to Clients and Friends
(April 7, 2010)

“Structured Finance or Structured Fraud? Abu Dhabi Commercial Bank v. Morgan Stanley & Co. Inc.,” Memorandum to Clients and Friends (September 8, 2009)

“Efficient but Effective Commercial Litigation: Read the Documents,” New York Law Journal (September 3, 2009)

"Ethics in International Commercial Practice," Presented at the American Foreign Law Association (October 15, 2008)

"A Primer on the ABCs of CDO Litigation," New York Law Journal (April 1, 2008)

“Master and Commander: Lessons from an AmLaw 100 partner who set up his own shop and lived (well) to tell about it,” The American Lawyer (April 2007)

“Renewed Respect for Attorney Confidentiality in Internal Corporate Investigations and Audit Inquiries,” Memorandum to Clients and Colleagues (March 5, 2007)

“Report of the Task Force on the Lawyer's Role in Corporate Governance,” The Association of the Bar of the City of New York (November 2006)

“What Have We Learned in 15 Years?” Host and moderator for panel discussion, with Honorable Jed S. Rakoff, U.S. District Judge, Southern District of New York: Professor Colin C. Blaydon, The Amos Tuck School of Business Administration at Dartmouth College; and Andrew Ross Sorkin, The New York Times (November 1, 2005)

“Ethics in International Commercial Litigation and Arbitration” International Business Litigation & Arbitration (Practising Law Institute, New York, NY, Nos. H0-00GP, 2002; H0-00B0, 2001; H0-005R, 2000)

“Court Leaves Waiver Issue Unresolved in Arbitration of Discrimination Claims,” New York Law Journal (December 2, 1998)

“Derivatives, ISDA Master Agreement: Can a Creditor Swipe Your Swap?” International Financial Law Review (Euromoney Publications PLC, London, July, 1998)

“Opening The Courthouse Door to Employment Discrimination Claims in the Securities Industry,” Employment Law Strategist (May, 1998)

“Recent Developments in Arbitration of Employment Disputes,” New York Law Journal (February 26, 1998)

“Agree to Arbitrate and End Up In Court,” New York Law Journal (April 30, 1996)

“Limits on Punitive Damages,” New York Law Journal (January 19, 1996)

“ADR: Alternative Dispute Resolution or Anticipate Dubious Results?” Host and moderator for panel discussion sponsored by the American Corporate Counsel Association, with Honorable Michael J. Dontzin, Judicial Panel, Jams-Endispute; Robert A. Rabbino, Jr., General Counsel, U.S.A., The Sumitomo Bank Limited; and Todd O. Tucker, Staff Director, McDonald's Corporation (September 29, 1995)

“The Construction Manager: Owner's Agent or Independent Contractor?” Real Estate Weekly (July 12, 1995)

“Letters of Credit,” 2 New York Practice Guide Business and Commercial (Matthew Bender, 1990)

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