140 West 62nd Street
New York, NY 10023
Office: Room 416
- Reporter, Judicial Conference Advisory Committee on the Federal Rules of Evidence (1996-present).
- Principal Draftsman of Rule 502 of the Federal Rules of Evidence, enacted September 2008.
- Reporter, Judicial Conference Committee on Electronic Case Filing Rules. Drafted Model Rules on electronic case filing.
- Reporter, Judicial Conference Subcommittee on Privacy in Court Filings.
- Reporter, Third Circuit Task Force on Appointment of Counsel in Class Actions. Principal author of Task Force Report, published in 2002.
- Reporter to Third Circuit Task Force Preparing Model Jury Instructions in Civil Cases, 2004-present; prepared all instructions and Commentary on Employment Discrimination Cases.
- Drafted Privacy Rules to Comply with the E-Government Act of 2002, for the Judicial Conference of the United States.
- Appointed by Judge Jed Rakoff as Special Master in In re Refco; many published opinions on Lexis and Westlaw concerning motions to dismiss and motions for summary judgment.
- Appointed by Hon. Shira A. Scheindlin as Special Master to Rule on Discovery Disputes, In re IPO Securities Litigation, 2003-present.
- Appointed co-Special Master in the Southern District of New York, to rule on Daubert motions in a major trademark infringement case; published opinion in Fed. Supp.2d.
- Appointed Special Master to rule on questions of privilege and work product in state and federal litigation involving Bausch & Lomb's Renu product; published opinion ruling on privilege claims, available on Westlaw.
- Member of Drafting Committee for Evidence Questions, Multistate Bar Examiners.
- Drafted rules of procedure for Foreign Intelligence Surveillance Courts, 2005.
- Consultant to Yale Law School's China Law Project, on matters of Evidence law reform in China. Conferred with more than 100 Chinese judges and scholars in Shanghai, to assist them in drafting a code of evidence for the People's Republic (September, 2000).
- Assisted members of National People's Congress in drafting rules on evidence and criminal procedure (Yale Law School, January, 2001).
- Consultant to Judicial Conference Committee on Rules of Practice and Procedure on Local Rules Project.
- Drafted report for the Judicial Conference on Local Rules and Standing Orders, distributed to all Federal District Courts, 2007.
- Philip D. Reed Professor of Law.
- Chairman of the Committee on Professional Responsibility of the Association of the Bar of the City of New York 1990-93.
- Chairman of the Federal Legislation Committee, Association of the Bar of the City of New York City, 1993-96.
- Private practice, Lord Day & Lord 1977-79.
- Assistant Professor, Tulane Law School, 1979-81.
- Columnist, New York Law Journal, 1988-2002.
- Member, Executive Committee, Association of the Bar of the City of New York, 1997-2001.
- Frequent lectures to federal judges on matters of evidence, most recently at the Fifth Circuit Judicial Conference, May, 2009.
- Invited by the Judicial Conference to make a presentation to all chief judges of the Federal Circuit Courts, on Federal sentencing after United States v. Booker, March 2005; similar presentation to First Circuit Judicial Conference, April 2005.
- Invited by Chief Judge Scirica to put on a panel presentation on attorney-client privilege, for the Third Circuit Judicial Conference, 2008.
- Presentation to Sedona Conference on Rule 502, November 2008.
- Consultant to Criminal Law Committee of the Judicial Conference, assisting the Committee in developing its position on Federal sentencing after United States v. Booker.
- Visiting Scholar, Marquette Law School, Presentation on Federal Rulemaking, the Supreme Court and Congress, April 2006.
- At Fordham, since 1981.
- Voted teacher of the year by Fordham students, 2006.
- Chair of Fordham's Judicial Clerkship Committee.
- Consultant, California Law Revision Commission, on proposed changes to the California hearsay rules.
- Elected to Membership in the American Law Institute, 2008.
- Appointed by Judge Rakoff as Special Master in In re Refco. Opinions on dispositive motions published at 2010 WL 1375946 and 2010 WL 1375712.
- California (Berkeley), J.D. 1977
- Rockhurst, A.B. 1974