ethics and th e construction la w y e r - nycla

2 TRANSITIONAL ANd NON-TRANSITIONAL MCLE CREdITS: This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 2 Transitional and Non-Transitional credit hours: 2 Ethics.

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Ethics and thE construction LawyEr

Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers’ Association, 14 Vesey Street, New York, NY

scheduled for November 30, 2010.

P r o g r A m C o - s P o N s o r s :

NYCLA Construction Law and Professional Ethics Committees

P r o g r A m C o - C h A I r s :

Joel Sciascia, Pavarini McGovern LLC Barry Temkin, Mound Cotton Wollan & Greengras

F A C u L t Y :

Todd Bakal, Mound Cotton Wollan & Greengrass Bruce Green, Louis Stein Professor, Fordham University

Christopher Murray, Chartis Insurance Barry Temkin, Mound Cotton Wollan & Greengrass

Information Regarding CLE Credits and Certification

Ethics and the Construction Lawyer November 30, 2010 6:00PM to 9:00PM

The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution.

i. You must sign-in and note the time of arrival to receive your course materials

and receive MCLE credit. The time will be verified by the Program Assistant.

ii. You will receive your MCLE certificate as you exit the room at the end of each day. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium.

iv. If you arrive after the course has begun, you must sign-in and note the time of

your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate.

v. Please note: We can only certify MCLE credit for the actual time you are in

attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. If it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week.

vi. If you leave early and do not sign out, we will assume that you left at the

midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly unless you can provide verification of course completion. Your certificate will be mailed to you within one week.

Thank you for choosing NYCLA as your CLE provider!

New York County Lawyers’ Association

Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646

Ethics and the Construction Lawyer

Tuesday, November 30, 2010 6:00 PM – 9:00 PM

AGENDA Program Chair: Joel Sciascia, Pavarini McGovern LLC Faculty: Todd Bakal, Mound, Cotton, Wollan & Greengrass

Bruce Green, Louis Stein Professor, Fordham University Christopher Murray, Chartis Insurance

Barry Temkin, Mound Cotton Wollan & Greengrass 5:30 PM – 6:00 PM Registration 6:00 PM – 6:10 PM Introductions and Announcements 6:10 PM – 9:00PM** Discussion of Rules, Ethics and Cases *** There will be two ten minute breaks during the evening.

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Ethics and The Construction Lawyer

New York County Lawyers’ Association

Nov. 30, 2010

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NYCLA Construction Law Committee

• Joel Sciascia, Chair, Pavarini McGovern LLC

• Barry Temkin, Mound Cotton Wollan & Greengrass

• Bruce Green, Fordham U. School of Law• Christopher Murray, Chartis Insurance• Todd Bakal, Mound Cotton Wollan &

Greengrass

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Hypothetical 1• You represent a crane operator in a civil case arising

from a crane collapse that resulted in multiple deaths and catastrophic personal injures.

• Your client, the crane operator, testifies that he was not intoxicated on the job and the jury finds for your client.

• Later on, your client exclaims “I can’t believe they believed that story I told them.” When you ask him what he meant, he gestures to the champagne bottle in his hand and says “Let’s just say today is not the only time I was hitting the Dom!”

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Ethical Considerations

• NY Rule 3.3(a)(1): An attorney shall not knowingly offer or use evidence that the attorney knows to be false. If the attorney’s client has offered material evidence and the attorney comes to know of its falsity, the attorney shall take remedial measures, including if necessary, disclosure to the tribunal.

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Ethical Considerations Cont’d• Do you know that your client lied on the stand?

- NY Rule 1.0(k) defines “knowingly,” “known,” “know,” or “knows” as actual knowledge, and provides that a person’s actual knowledge may be inferred from circumstances.

- An attorney must have actual knowledge before a reporting requirement is triggered. Mere suspicions of fraud are insufficient to mandate disclosure. Doe v. Federal Grievance Committee, 847 F.2d 57 (2d Cir. 1988).

- Furthermore, NY Rule 3.3, Comment [8] states that an attorney cannot ignore an obvious falsehood.

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Ethical Consideration Cont’d

• Does an attorney’s ethical obligation survive beyond the conclusion of a case?

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Ethical Considerations Cont’d- ABA Rule 3.3(c): The duties stated in paragraphs (a) and (b)

[regarding reasonable remedial measures] continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

- This provision was not incorporated into the New York rule.

- The New York State Bar Association states: “the obligation to disclose extends for as long as the effect of the fraudulent conduct on the proceeding can be remedied, which may extend beyond the end of the proceeding – but not forever. If disclosure could not remedy the effect of the conduct on the proceeding, but could merely result in punishment of the client, we do not believe NY Rule 3.3 disclosure duty applies.

- N.Y.S. Bar. Op. 831 (2009)

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Ethical Obligations Cont’d

• What is a reasonable remedial measure under NY RPC 3.3?

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Ethical Considerations Cont’d– Talking to client and convincing him to correct or

withdraw the falsity. - Mistakes or misstatements as to non-material

matters do not need to be corrected.- If the client refuses to correct the material falsity,

despite the attorney’s best and persistent efforts, the attorney must take the final step of disclosing the misrepresentation to the tribunal, as is reasonably necessary to remedy the situation, even if doing so requires the attorney to reveal confidential information that would otherwise be protected by NY Rule 1.6.

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Ethical Considerations Cont’d

• Is the answer different under the current NY RPC than under the former code?

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– Yes. Under former DR-7-102(B)(1), an attorney who received false information “clearly establishing” that a client perpetrated a fraud on a “person or tribunal” had a duty to call upon the client to rectify the fraud, and if the client refused, the attorney should have revealed the fraud to the affected person or tribunal, except when the information was protected as a confidence or secret.

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Hypothetical 2• You represent a subcontractor, Metallica, on a project to build

a project at the former World’s Fair site in Queens.

• The contract calls for pricing at cost plus 20% (10% labor and 10% materials). Metallica puts in a claim order for payment for 1,000 H-11 rebars from Wunderbar Rebar Co. at $10 a rebar.

• You prepare the change order at Metallica's request while simultaneously preparing a claim order for another client, in an unrelated job.

• In that other job, you learn that Wunderbar charges $3.50 on its H-11 rebars.

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• Do you know that Metallica committed a fraud?

• Is it different if it is a public company?

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• NY Rule 1.0(k) denotes “know” as actual knowledge, which may be inferred from circumstances.

• If a public company?• Under both the Federal and New York State False Claims

Act (31 U.S.C. § 3729 and NY State. Fin. Law, ch. 13 §§ 187-194), liability for “knowing” submissions of false claims to the federal, state or local governments can occur by (1) actual knowledge; (2) deliberate ignorance; or (3) reckless disregard of whether they are true or false.

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• Does the attorney have any obligation to inform any party?

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Ethical Considerations Cont’d• NY Rule 1.6(a): A lawyer shall not knowingly reveal

confidential information, as defined in this Rule, or use such information to the disadvantage of a client or for the advantage of the lawyer or a third person, unless– (1) the client gives informed consent, as defined in Rule 1.0(j); – (2) the disclosure is impliedly authorized to advance the best

interests of the client and is either reasonable under the circumstances or customary in the professional community; or

– (3) the disclosure is permitted by paragraph (b).

• Confidential information consists of information gained during or relating to the representation of a client that is (a) protected by attorney-client privilege; (b) likely to be embarrassing or detrimental to the client if disclosed; or (c) information that the client has requested to be kept confidential.

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Ethical Obligations Cont’d• NY Rule 1.6(b): A lawyer may reveal or use

confidential information to the extent that the lawyer reasonably believes necessary: – (2) to prevent the client from committing a crime; – (3) to withdraw a written or oral opinion or

representation previously given by the lawyer and reasonably believed by the lawyer still to be relied upon by a third person, where the lawyer has discovered that the opinion or representation was based on materially inaccurate information or is being used to further a crime or fraud;

– (6) when permitted or required under these Rules or to comply with other law or court order.

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• NYSBA Ethics Opinion 781 (2004)– A matrimonial attorney signed and filed financial

disclosure statement which she later learned, from her client, to be false.

– “Although a lawyer is generally prohibited from disclosing a client’s confidence or secret, DR 4-101 (C)(5) permits disclosure to the extent implicit in withdrawing the financial statement because the statement is still being relied upon by the court and because the lawyer certified the accuracy of the statement in submitting it to the court.”

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Hypothetical 3

• Your client wants to make a claim that you suspect is not a legitimate claim for payment.

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Ethical Considerations• False Claims Act, 31 U.S.C. § 3729(a)(1)(A), (B), (C) and (G)

– § 3729(a) Liability for Certain Acts:• (1) Any person who:

(A) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;

(B) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;

(C) Conspires to commit a violation of subparagraphs (a) through (g)(G) Knowingly makes, uses or causes to be made or used, a false record

or statement material to an obligation to pay or transmit money to the Government

– §3729(b)(2)(A): A “claim” means any request or demand, whether under contract or otherwise, that (i) is presented to an officer, employee or agent of the United States; or (ii) is made to a contractor, grantee or other recipient if the money or property is to be spent or used on the Government’s behalf or to advance a Government program or interest

– §3729(b)(1)(A) defines “knowing” or “knowingly” to mean that a person (i) has actual knowledge; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information.

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Ethical Considerations Cont’d• NY False Claims Act, State Finance Law, §§187-194

– § 189(a) Liability for Certain Acts:• (1) Any person who:

(A) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;

(B) Knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim allowed or paid;

(C) Conspires to defraud the state or local government by getting a false or fraudulent claim allowed or paid;

(G) Knowingly makes, uses or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the state or local government.

– § 188(1): a “claim” means any request or demand, whether under contract or otherwise, that (i) is presented to an officer, employee or agent of the state or a local government; or to any contractor or grantee or other recipient, if the state or a local government provides any portion of the money or will reimburse such contractor, grantee or other recipient for any portion.

– § 188(3) defines “knowing” or “knowingly” to mean that a person (i) has actual knowledge; (ii) acts in deliberate ignorance of the truth or falsity of the information; or (iii) acts in reckless disregard of the truth or falsity of the information.

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Hypothetical 4

• Your client, the contractor, did not have a license to do the work it performed. Should you advise the contractor to submit a claim?

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Ethical Considerations– In Information Systems & Networks Corp. v. Berg &

Parker, after the attorney advised a contractor it could pursue such an unlicensed claim, the supplier asserted the contractor’s lack of a license as a defense and sued the contractor for submitting false claims, i.e., requesting payment for work it performed without the required license. 2003 Cal. App. Unpub. LEXIS 6182

– The contractor and supplier ultimately settled, but the contractor then sued its attorneys for malpractice.

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• An attorney who counsels his client to submit a claim to the government, with knowledge that the claim is false or with reckless disregard as to its truth or falsity, may be subjecting himself to liability under the Federal and NYS False Claims Act.

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– Attorneys can be sued and found liable under the Federal Claims Act in rare cases.

• See United States v. Entin,750 F. Supp. 512 (S.D. Fla. 1990); see also Hutchins v. Wilentz, Goldman & Spitzer, 253 F.3d 176 (3d Cir. 2001); Matusavage v. Office of the Dist. Attorney of Philadelphia, 1994 U.S. Dist. LEXIS 16009 (E.D. Pa. 11/7/94)

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Hypothetical 5 • You represent Bluto’s Construction, a general contractor

being sued for personal injury suffered by Popeye Doyle. You are retained as defense counsel hired by the insurer.

• The insurer sends your client a reservation of rights letter stating that the damages sought exceed the policy limits and advising your client that (1) it could engage counsel independently regarding potential excess judgments, and (2) to notify the excess insurer of the suit.

• Only after a judgment in excess of the policy limits is awarded do you, as defense counsel, tender the suit to the excess carrier, who subsequently denies coverage due to late notice.

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• Does defense counsel have an obligation to investigate coverage and give notice to an excess carrier, even though the client was advised to retain independent counsel?

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• Shaya B. v. WEMED, 38 AD 3d 34 (2006)– $52 million injury suit, $1 million primary with Lloyds– Lloyds sent this letter to insured in 2001:

• “the demand in the suit papers of $52 m is in excess of your policy limits of $1m per occurrence. As such you may wish to engage counsel of your own choice at your own expense to act on your behalf in regards to any potential excess judgments. Furthermore you may wish to check with your insurance agent to determine if any excess insurance coverage is in force. If so we would urge you to quickly notify any excess insurance carrier of this suit situation."

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• Shaya B. facts, cont’d– Lloyds letter seems to put onus on insured to

investigate and give notice to excess carrier. – WEMED appointed in 2001– 2003: SJ granted vs. Shaya B.– 2003: law firm tenders to NUFI, excess policy

(for a non-party developer)– NUFI disclaimed: late notice, and Shaya B. is

not named insured.– Verdict: $5.6 m. Policy: $1 m

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• The legal malpractice claim– Shaya B. said law firm was negligent in not

giving notice and investigating coverage– Law firm: 3211 motion to dismiss: scope of

responsibility was limited by Lloyds’ letter to insured

– Abstract decision on Motion to Dismiss

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Ethical Considerations Cont’d• Shaya B. court rejected argument based on

limitation in letter:– “The defendant failed to show that the January 25,

2001, letter from Lloyd's to the plaintiff conclusively established that the scope of the firm's representation was limited. The letter stated only that the plaintiff "may wish to engage" separate counsel to act on its behalf with respect to any "potential excess judgments" beyond the $1,000,000 primary policy limits, and invited the plaintiff to investigate any possible excess coverage.”

– I.e., letter insufficient to limit scope of law firm’s representation.

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• Does lawyer have a duty to investigate excess coverage?– Shaya B: Yes.– App. Div: “the question whether, in the ordinary case,

an attorney could be found negligent for failing to investigate insurance coverage would turn primarily on the scope of the agreed representation--a question of fact--and on whether, in light of all relevant circumstances, the attorney "failed to exercise the reasonable skill and knowledge commonly possessed by a member of the legal profession“”

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Ethical Considerations Cont’d• But isn’t there a conflict in advising insured

about coverage? WEMED represented carrier and Shaya B.– Generally: client is insured.– No conflict here because Shaya wanted maximum

coverage, and Lloyds didn’t care once it exceeded $1 million

– Conflict may have existed re: scope of Lloyds coverage

– I.e., lawyer hired by carrier may have conflict giving advice to client about coverage by employing carrier

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Hypothetical 6 • An owner, Wynona's Mall, brings claims for

negligence and breach of contract against a contractor, Slippery Floors, LLC. There is insurance but only the negligence claims are covered.

• The owner moves for summary judgment and the contractor would like to default for tactical reasons in order to avoid increasing contract damages.

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• Is defense counsel prohibited from making decisions that advance the insured’s position to the detriment of the insurer? Would this constitute a failure to cooperate?

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• Nelson Electrical Contracting Corp. v. Transcontinental Ins. Co., 231 A.D.2d 207 (3d Dep’t 1997)– Construction accident; contractor was

insured, and owed contractual indemnity to owner.

– Negligence was covered; contract claims not covered.

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Nelson Electrical Contracting Corp.– Pyramid (owner) brought claims for indemnity

(covered) and breach of K (not covered) against Nelson

– Carrier wants to minimize indemnity damages; that would increase K damages

– Owner (Pyramid) moved for SJ– Nelson decided to default for tactical reasons,

to avoid increasing K damages

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Nelson Electrical Contracting Corp., cont’d• Carrier disclaimed due to non-cooperation• Court granted SJ for Nelson:

– “Where, as here, the interests of the insured are at odds with those of its insurer, the former is entitled to select independent counsel to conduct the defense so that, inter alia, tactical decisions will "be in the hands of an attorney whose loyalty to [the insured] is unquestioned."

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• Court’s reasoning in Nelson:– Cannot be failure to cooperate, since part of a

reasonable tactical decision– Duty to cooperate “cannot be construed so

broadly as to prohibit the insured's counsel from making tactical decisions, such as those at issue here, which are part of a reasonable litigation strategy intended to decrease the likelihood of liability on the part of the insured.”

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Ethical Considerations Cont’dDoes Nelson make sense?• Reasonable tactical move to default?• Lawyer didn’t want to point finger at owner

(Pyramid), since it could blow back onto Nelson.• Could be same result under any state law: I.e.,

even without choice of counsel provision (substantive law), law must resolve conflicts in favor of client (ethics)

• E.g., SC, Hawaii, MI, no automatic choice of counsel, but counsel must still act ethically

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• To whom does defense counsel owe an obligation?

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– Defense counsel’s duty of loyalty rests with the insured. Counsel for the insured must "exercise professional judgment solely on behalf of the client ... disregarding the desires of others that might impair the lawyer's free judgment.” Nelson, 231 A.D.2d at 209. See also ABA Model Rule 1.7.

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Hypothetical 7• You represent two owners being sued for personal injury

damages by a subcontractor based on the general contractor’s negligence. Additionally, the general contractor and the owners’ partnership are being sued. The general contractor and the partnership are not however, covered by the owners’ insurance policy.

• You believe that you can have all the claims dismissed against the two owners, but the partnership and the general contractor would remain liable.

• What are your ethical obligations?

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• Elacqua v. Physicians’ Reciprocal Insurers, 52 A.D.3d 888-889 (3d Dep’t 2008)– Medical malpractice claim against two

physicians, their partnership and a nurse practitioner employed by them.

– Lawyers moved to dismiss as to doctors– Left partnership and nurse in case– No Goldfarb Miranda

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• Elacqua decision:– “Here, [the attorneys] successfully moved to

dismiss the complaint in the [underlying injury] action against the physicians, thereby disposing of all covered claims and leaving viable only the uncovered claim against the partnership for vicarious liability based upon the negligence of [the nurse].”

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• Elacqua decision cont’d:– “where such potential conflict exists between

the insurer and the insured, the insurer has an affirmative obligation to inform the insured of his or her right to select independent counsel at the insurer's expense."

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• Elacqua reasoning:– The carrier engaged in a deceptive practice

because its disclaimer letters to policyholders “failed to inform them that they had the right to select independent counsel at defendant’s expense, instead misadvising that [the insureds] could retain counsel to protect their uninsured interests ‘at their own expense.”

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• Elacqua cont’d:– Failure to notify insureds of Goldberg right to

unconflicted counsel, and affirmative misdirection about payment, constituted statutory fraud under GBL 349.

Faculty Biographies

Todd A. Bakal Todd A. Bakal practices in the areas of construction, environmental and general commercial litigation as well as insurance and reinsurance coverage disputes. He has represented owners, general contractors, subcontractors and design professionals in public and private projects, and his work has included subcontract disputes, owner claims, design professional liability, design/build issues, regulatory work, surety defense and mechanic’s lien foreclosure actions, in addition to construction site accident, products liability, employment discrimination, labor and ERISA matters. Prior to practicing law, Mr. Bakal founded RBI Software, Inc., which specialized in the development of commercial vertical market applications. He has been involved in computer and internet legal issues for more than fifteen years as a business person and attorney. Mr. Bakal is a member of the New York State Bar Association and the Association of the Bar of the City of New York (where he has served on the Construction Law and Computer Law Committees), and is admitted to the New York Bar. Mr. Bakal is a graduate of the University of Michigan and George Washington University School of Law. MEMBERSHIPS/HONORS

• New York State Bar Association • Association of the Bar of the City of New York

SPEAKING ENGAGEMENTS • Moderator of the Legal Issues and Business Decision panel at the 2008

Associated General Contractors/Department of Transportation Tech Conference. ADMISSIONS New York, 1993 EDUCATION B.S., University of Michigan, 1989 J.D., George Washington University School of Law, 1992

Bruce Green Louis Stein Professor, Director (Stein Center) SSRN page Fordham University School of Law 140 West 62nd Street New York, NY 10023

Email: [email protected] Telephone: 212.636.6851 Fax: 212.636.6899 Office: Room 221

Experience • Office of the United States Attorney for the Southern District of New York:

October 1983 to August 1987 • Assistant United States Attorney Deputy Chief Appellate Attorney, 1986-87;

Chief Appellate Attorney, 1987 • U.S. Supreme Court: Law clerk to Justice Thurgood Marshall, 1982-83 • U.S. Court of Appeals for the Second Circuit: Law clerk to Judge James L. Oakes,

1981-82 Professional Affiliations

• American Bar Association Section of Criminal Justice: Chair-Elect • American Bar Association Section of Litigation: Co-chair, Task Force on the

Litigation Research Fund • American Bar Association Task Force on the Attorney-Client Privilege: Reporter • National Conference of Bar Examiners: Member of MPRE Drafting Committee • New York County Lawyers’ Association: Director and Member of Justice Center

Advisory Board • New York State Bar Association Committee on Professional Ethics: Member

Education • Columbia University School of Law: J.D. 1981

Honors: James Kent Scholar; Harlan Fiske Stone Scholar Associate Editor, Columbia Law Review

• Princeton University: A.B. 1978, summa cum laude

http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=327569

mailto:[email protected]

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INTRODUCTIONAs General Counsel forPavarini McGovern, Mr.Sciascia advises the CEO,Chairman and VicePresidents on variousmatters, which include newbusiness opportunities, dealstructuring and contractualrisks, as well as working withProject Executives andProject Managers to resolvetrade contractornegotiations and disputes.Mr. Sciascia reviews,negotiates and draftsconstruction managementagreements with owners andsubcontract agreements withtrade contractors.

EDUCATIONJuris Doctor/Law/Fordham Law School

MS/Construction - RE Development Core/Arizona State University/Tempe, AZ

BS/Architecture/Arizona State University/Tempe, AZ

BAR ASSOCIATIONSNew York State Bar/April 1998

US Supreme Court Bar/May 2005

NY County Lawyers Association - ConstructionLaw Committee

AWARDSThe Archibald R. Murray Public Service Award

Student Leadership Award - Habitat forHumanity/Fordham University School of Law

Golden Key National Honor Society

MEMBERSHIPSBoard/Greater NY Construction User Council

Board/Arizona State University AlumniAssociation/Greater New York Chapter

DEVELOPMENT EXPERIENCESavoy Senior Housing Corporation, New York, NY General Counsel & VP of Real Estate DevelopmentDeveloped proforma models to analyze various realestate transactions including development budgets,construction costs, operational income and expenses,investor IRR, lease-up, draws, and refinancing.Designed, coordinated and carried out due diligencework plans to ascertain physical, legal and marketrisks. Responsible for preparing business plans andmarket analysis for presentation to equity and debtcapital sources. Acted as owner's representative andmanaged architects, engineers, and subcontractors ona variety of old and new projects.

Took over $15 million in construction to completeconstruction of two assisted living facilities (150,000-SF) after construction manager failed to timelycomplete and was terminated. Terminated deficienttrades. Bid and negotiated completion contracts.Directed all work including Owner's separate trades.Coordinated as-built drawings, expeditors and Dept.of Building inspections. Obtained Certificates ofOccupancy. Worked with architects and engineers todesign and specify a ground up 70,000-SF assistedliving facility, then worked with architects andengineers to redesign the site as an apartmentbuilding. Oversaw outside counsel on over $17million in civil litigation. Handled various legalmatters, drafted and negotiated leases, obtainedDept. of Health licenses, as well as assisted in allaspects of development, zoning, financing, leasing,due diligence, and market analysis.

REAL ESTATE EXPERIENCEErnst & Young Kenneth Leventhal, New York, NY Senior Consultant/AttorneyAdvised clients on various real estate issues.Structured and modeled real estate transactions and

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Real Estate Investment Trust (REIT) initial public offerings using Excelsoftware. Developed tax liability and OP unit allocation models for REITroll-ups. Performed REIT acquisition and lending due diligence includinglease and mortgage review; asset, income and distribution testing; andorganizational requirement analysis. Developed REIT due diligence workplans, document requests and property service questionnaires. Researchedand wrote briefs on various real estate tax issues.

Goldberg Weprin & Ustin, New York, NY Acquired extensive limited liability company law experience; draftingoperating agreements, partnership conversions, and conveyancing.Drafted commercial mortgages, notes, and assignments. Performed duediligence for commercial acquisitions. Represented commercial lendersand residential and commercial purchasers at closings. Handledforeclosure and construction litigation, DHCR, and tax remission issues.

Max E. Greenberg Trager Toplitz & Herbst, New York, NYClosed condominium and cooperative loans for institutional lenders.Researched and wrote briefs on construction issues. Corrected deficientloan packages and prepared closing binders.

CONSTRUCTION EXPERIENCE: RESIDENTIAL 40 East 66th Street, New York, NYCurrently under construction, this project consists of converting anexisting 12-story, 105,000-SF, 36-unit rental building into luxurycondominiums. The new construction will entail the renovation of theexisting lobby, new amenity space in the cellar, and the conversion of 25existing, vacant apartments in condominiums. Our construction work,including the installation of new elevators and a window replacementprogram will take place around the remaining rent-stabilized apartments.Our team will phase the construction activities in order to keep all requiredmeans of egress for the current residents. The exterior scope will consist ofcleaning and repointing the existing brick face, including the façade, whichis a New York City landmark. Cetra/Ruddy Architects is leading thedesign team. The developer, Vornado Realty Trust, is a repeat client.

SJP Residential Properties, 45 Park Avenue, New York, NYThis project involved the construction of a new 21-story, 157,380-SF cast-in-place reinforced concrete structure with 106 residential units, a lobby,professional space, a garage and mechanical space. The new building offersluxury condominium residences in a structure that is faithful to theexquisite character of Park Avenue. The project received the “Best ofResidential 2007” from New York Construction magazine.

47 East 91st Street, New York, NYPavarini McGovern was the CM, At-Risk for this new 10-story, 45,000-SFhigh-rise, high-end luxury residential condominium located inManhattan’s Carnegie Hill Historic District. Located a block from CentralPark, this project consists of a main building containing seven full-floorapartments and one penthouse duplex unit, constructed on a new steelstructure platform atop an existing one-story branch bank that remainedfully operational through construction. This project received New YorkConstruction's “2003 Merit Award/High-Rise Residential Project”.

57 Reade Street, New York, NYThis project is currently in the early stages of construction. Uponcompletion, the cast-in-place reinforced concrete structure will stand at 20stories and consist of approximately 145,000-GSF. The new building willhouse 84 luxury residential units, 2 below-grade levels, a lobby at-grade anda two-story retail space.

70 Bedford Street, New York, NYThis existing historical Federal Townhouse (circa 1790's) underwent acomplete, gut-rehabilitation/demolition down to two of the building'soriginal, Landmark walls. The two walls serve as part of a new 5,000-SF, 4-story private townhouse residence. The scope included high-end finishesand a walkout landscaped/hardscaped garden with a spiral staircase, alibrary, living room, dining room, spacious kitchen, master bedroom withbathroom, and a study and gymnasium on the top floor.

110+Broadway, New York, NYThis new 96,000-SF, 11-story condominium apartment building is locatedat the northeast corner of Broadway and West 110th Street in upperManhattan, and contain apartments varying from 420-SF to 1500-SF. Thebuilding has ground floor retail space, two restaurants, a food market and abakery. The cellar level accommodates retail storage and building services,with a new sub-cellar level for automobile parking.

124 Hudson Street, New York, NYThis project entailed the construction of new 80,546-SF, 9-story (plusbasement) residential building with 23 luxury apartments ranging in sizefrom 1,800 - 2,900-SF two and three bedroom apartments. Thesuperstructure is masonry and concrete plank with a poured-in-placeconcrete foundation. The street façade of the building features a brickfacing in keeping with the light-industrial character of the TriBeCaneighborhood. The ground level has 12,000-SF of retail space and aninterior landscaped courtyard with a central fountain.

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2forty, 240 Park Avenue South, New York, NYThis project entailed constructing a new, high-end condominiumapartment building. The structure is an 112,851-SF poured-in-placereinforced concrete structure standing at 17-stories, with 51 residentialunits, mechanical space, and a lobby and retail space at-grade. The exteriorfaçade enclosure includes pre-cast concrete, curtainwall, with window andmetal panels, and embedded tile.

400 Fifth Avenue, New York, NYThis project, currently under construction, involves erecting a new,567,000-SF, 57-story mixed-use building with 372,000-SF of residentialspace, 195,000-SF of hotel space, with parking and retail completing thescope. The proposed project site is on Fifth Avenue between 36th and37th Streets. Gwathmey Siegel & Associates is leading the leading team.

The Anthem, 220 East 34th Street, New York, NYThis new 511,000-SF, 21-story residential complex provides 502apartments, a health club, below-grade parking for 100 cars, and at-graderetail and office space. The building is constructed of reinforced concreteand masonry brick façade with concrete masonry block backup walls.Foundation work included providing an MTA easement for the future2nd Avenue subway. The superstructure work required approvals fromNYCDOT, and a traffic/pedestrian study was performed for our phasingand logistics plan.

Arcadia, 408 East 79th Street, New York, NYThis project involved the construction of a new 111,718-SF, 20-story (2basement levels) luxury condominium apartment building with 53 high-end units on Manhattan’s Upper East Side. The design for thesuperstructure is a cast-in-place concrete frame with a cantilever over anexisting building to the east. The façade of the building consists of acombination of pre-cast concrete panels and window wall, includingFrench balconies.

Arris Lofts, Queens, NYThis project entailed the conversion of an existing 456,000-SF warehousebuilding into residential condominium apartments. The building islocated on a triangular shaped lot bordered by Thomson Avenue, CourtSquare and the Sunnyside Rail Yards in Long Island City. The workinvolved installing new windows, the build-out of new apartments withfinishes at a low to mid-Manhattan level, as well as some vertical expansion.

Artisan Lofts, 143 Reade Street, New York, NYThe program calls for the conversion of a 17-story 132,000-SF cast-in-place reinforced concrete former manufacturing building into 45 high-end

condominiums with a lobby, amenity space, and retail and mechanicalspace. The new design calls for vertical expansion; clean up of the exteriorfaçade, including the removal of a number of metal straps applied over theface brick, and includes the replacement of the steel windows. The newexterior enclosure is a combination of punched windows & brick masonry,with double hung windows replacing all existing windows.

Barbizon/63, 140 East 63rd Street, New York, NYThis project entailed the conversion of the hotel into a luxurycondominium apartment building with approximately 66 units. Logisticalchallenges included the relocation of 20 existing SRO residents toapartments on one floor while maintaining the required means of egressand utilities as our team performed the renovation work all around them.

The Hubert, 3-9 Hubert Street, New York, NYThis project involved the construction of a new 135,000-SF, 16-story, 34-unit, luxury high-rise residential condominium building located in TriBeCa.The structure includes private garages, 29 loft-style apartments, and a 2-story penthouse, 3 maisonettes in the base, and 2 and 3-story townhouses.The façade is clad in brick with oversized windows and designed to blendwith the surrounding early 20th Century, light industrial buildings. There isalso a garden courtyard, and a small commercial building.

K. Hovnanian Homes, Port Imperial North, West New York, NJPavarini McGovern served as the overall site manager for the $800 million,eight building residential development on the banks of the Hudson River,and as the CM for two of the new luxury condominium buildings totaling1,100,000-GSF and 340+ residences.

Mercer 40 Residences, 40 Mercer Street, New York, NYThis project entailed the construction of a new, high-end 156,000-SF, 13-story, 50-unit glass curtainwall condominium building, with 10,500-SF ofretail and residential amenity spaces on the ground and basement levels.The curtain wall system is one of the first of its kind in New York City. Thewindows open down or slide across by the use of a motorized mechanicalsystem. Each assembly unit weighs 1,100 pounds, which required anaugmented structure to carry the additional load. The project received the“Best of Residential 2008” from New York Construction magazine.

The Pier Apartments, Jersey City, NJThe Pier Apartments project was an 8-story, 480,000-SF luxury rentalapartment complex of 300 units with two levels of above-grade parking,built on an existing, former railroad loading pier that projects 900-feet intothe Hudson River, and has an unobstructed view of Lower Manhattan.The project required that a new 12” thick, reinforced concrete slab be



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constructed approximately 5 feet above the existing pier to provide aplatform for the new building and access road, also allowing a utility serviceplenum underneath.

The Urban Glass House, 330 Spring Street, New York, NYThe new Urban Glass House luxury condominium building at 330 SpringStreet is a tribute to Philip Johnson's New Canaan, CT Glass Housereinterpreted for an urban high-rise New York City setting. The 40 high-end units are located on floors two through twelve, with retail/commercialspace on the ground floor. Structurally, the building consists of cast-in-place concrete with an exterior curtain wall system. Our team closelycoordinated their work with the Port Authority during the foundationstage since the project site is directly adjacent to the Holland Tunnel. Inaddition, during excavation and foundations, our team took great care withtwo adjacent timber-framed, NYC-Landmark structures whenperforming the required underpinning. The project received the “Best ofResidential 2006” from New York Construction magazine.

CONSTRUCTION EXPERIENCE: HOSPITALITY 330 Hudson Street, New York, NYThis project, currently in the construction phase, consists of theconversion/vertical expansion of an existing eight-story 253,000-SF lightindustrial building into a new 21-story hotel structure totaling 402,000-SF.The first floor will consist of the main lobby, restaurant and bar, “white box”retail, amenities and back-of-the-house operations. The existing buildingconversion on floors two through eight will contain elevator lobbies, corebathrooms, “white box” for future office space and designated MERs oneach floor. Floors 9 and 10 of the addition will contain “white box” forfuture office space, with the remaining new floors containing 189 guestrooms and a club with rooftop pool. The renovation scope of work willalso include new storefronts, windows, cleaning and re-pointing of exteriormasonry, as well as the construction of a new building core. The developerfor this project is seeking a silver LEED® certification.

45th Street Hotel, 60-77 West 45th Street, New York, NYThis project involves the construction of a new mixed-use building onWest 45th Street between Fifth and Sixth Avenues in midtownManhattan. This proposed hotel/condominium development consists of anew 45-story, 170,000-SF poured-in-place concrete structure. The newbuilding will include 166 hotel suites and 57 residential units. A metal pre-formed, open-air pool with full enclosure and health center will be locatedon the seventh floor set back. The tower will have a façade of aluminumcomposite panels, insulated glass units and operable awnings. The widerseven-story “podium” will be enclosed with a metal mesh screen withwindow wall behind it. The developer anticipates projecting images on the“podium’s” north elevation to passers-by.

Courtyard by Marriott, 410 East 92nd Street, New York, NYA new 15-story, 140,000-SF mixed-use building that includes a 226-room,86,000-SF branded hotel. Approximately 17,000-SF on floors one and twowere built out for the Gillen Brewer School - a private, not-for-profiteducational institution offering smaller, more specialized educationprograms for students with special needs. The remaining 18,000-SF onfloors three and four were built out for office space, and are operatedindependently of the hotel, with a separate entrance and mechanical systems.

The Smyth Hotel, 85 West Broadway, New York, NYThis project involves the construction of a new 93,000-SF, 100-key five-starhotel with 15 condominium apartments. The structure includes 13 above-grade floors with two cellar levels. Amenities include a restaurant, bar andfitness area. The site is at the corner of West Broadway and ChambersStreet in TriBeCa.

The Standard, 844 Washington Street, New York, NYPavarini McGovern is currently in the construction phase for a newcurtainwall-clad luxury hotel in Greenwich Village. The Standard hotelstands at 20 stories and consists of 200,000-SF with 350 units. The newstructure includes three levels of back-of-house, meeting rooms and publicaccess space, as well as one basement level.

CONSTRUCTION EXPERIENCE: COMMERCIAL/OFFICE360 Madison Avenue, New York, NYThis complex project in the heart of the Grand Central Terminal areacombined two buildings to create a new 360,000-SF, 26-story officebuilding located on the corner of Madison Avenue and 45th Street. Thenew building included the rehabilitation of the original 18-story building at360 Madison, whose façade was stripped down to the structural steel withthe columns, beams and slabs to remain. The new, Italian-manufacturedPermasteelisa curtainwall successfully tied both buildings together.

505 Fifth Avenue, New York, NYThis project entailed the construction of a new 270,000-SF mixed-useoffice building located on a high-profile corner, and situated diagonallyacross from the NYC Library and Bryant Park. The program calls for retailspace at and below-grade with a 29-story multi-tenant office tower above.The design is for a reinforced concrete structural system and curtainwall,with floor to ceiling vision panels at the base and a curtainwall tower abovethe streetwall setback, and point glazed system for the storefront.

580 Fifth Avenue, New York, NYThe scope of the work was to install three new elevators in a new 36-storycore attached to the existing tower. The goal of the project was to connect



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the disjointed nature of the tower and its low-rise annex at the north end ofthe building with a central elevator service, as well as to provide fasterservice to the office tenants on the upper floors. The complexity of ourtask involved doing all work while all of the existing building tenants andtheir customers maintained their very active work pace and ensured thattheir operations functioned normally and safely.

598 Madison Avenue, New York, NYThis project consisted of renovating the brick, limestone and granitefaçade of this 75-year-old, 90,000-SF, 15-story building for Moët HennessyLouis Vuitton. The scope included the complete upgrade of the MEPsystems, a new roof, windows, elevators, skylights, storefronts, and steelcolumn configuration. The first two stories house the flagship store forChristian Dior and the top 13 consist of Class “A” office space. The projectalso included a lobby renovation with marble floors, glass doors and a goldleaf ceiling.

640 Fifth Avenue, New York, NYThis “wedding cake” project involved new construction and renovations toan existing building in a logistically challenging location. The existingbuilding stayed fully occupied and operational during construction. Theresulting structure totaled 122,056-SF and 18 stories. Large equipmentdelivery, major steel and curtainwall construction were completed throughthe use of a stiff-leg guy derrick and loading platforms. The mechanicaland electrical equipment were replaced in their entirety.

Bank of America, 9 West 57th Street, New York, NYThis project entailed interior renovations in two phases: 90,000-SF/3½-Floors (Ph. I); and 120,000-SF/10-Floors (Ph. II). Phase I provided threetrading floors with 450 seats and a ½ floor mezzanine of office space, andnew mechanical, electrical and IT work. Phase 2 entailed renovatingexecutive offices, a mail and storage facility on the basement level and eightbank-standard corporate floors. Construction went 24/7 on a fast-trackschedule on floors that were mostly occupied and operational.

Harlem Park, 1800 Park Avenue, New York, NYThe construction of 1800 Park Avenue and its class “A” office space will bea significant, positive step in the legacy of upper Manhattan. The currentschematic design calls for the construction of a new mixed-use building ofapproximately 21 stories with two levels below for a total area of 590,000-GSF. The project may ultimately become an environmentally friendly“green” building and subject to LEED® certification guidelines. The projectwill also include a minority business enterprise (M/W/LBE) andworkforce participation plan.

Legal Aid Society, New York, NYThe construction of this 5-story, 30,000-SF building provided a home forthe Harlem office of this public service organization. The new building hasa structural steel frame and a lightweight concrete slab on metal deck, witha brick façade, a stone base and double-hung sash windows, featuringarchitectural pre-cast concrete window frames and sills. The programincluded staff offices, interview rooms, conference rooms, children’splayroom, lunchroom and library.

610 Lexington Avenue, New York, NYActing as a consultant to the client, Pavarini McGovern generated a Phase1 Construction Feasibility Analysis consisting of a thorough review of allproject documents generated to date, as well as a cost estimate andconstructability review. The proposed development involves theconstruction of a new, 66-story, 330,000-SF commercial/office building inmidtown Manhattan for an international financial firm. Sir NormanFoster is leading the design team.

Waterfront Corporate Center Phase II, Hoboken, NJThe project consisted of constructing a new 14-story, 549,000-SF officebuilding - that was identical to its neighbor - on pile foundations andstructural steel frames with poured concrete decks, with the exterior apanelized stone and brick cavity wall system, and below-grade parking. Allconstruction was coordinated on a daily and weekly basis with thePANYNJ, who owns the land.

CONSTRUCTION EXPERIENCE: RETAIL1 East 57th Street, New York, NYConstruction on an existing 18-story building located on the corner of57th Street and 5th Avenue. The program consisted of 4 floors of retail forMoët Hennessy Louis Vuitton; a 5th floor mechanical level serving theretail space and 10 floors of first class office space. Construction consistedof two phases, both of which ran concurrently.

The Belnord, 225 West 86th Street, New York, NYThis project involved building a new, 24,000-SF retail space in the cellarspace below the courtyard of a 10-story, Landmark, Renaissance Revivalbuilding. The existing plaza was removed, and then rebuilt with a newstructural steel frame, MEP systems, landscaping and walkways. Thecourtyard was renovated with Belgium Block and granite drives; a newcooling tower and elevators. A suspended walkway system wasconstructed to ensure residents had 24-hour access to their apartmentsduring the project.



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CONSTRUCTION EXPERIENCE: HEALTHCARE Kings County Hospital Center, DASNY, 451 Clarkson Avenue,Brooklyn, NYThis project is the first phase of a 4-year exterior $20M redevelopment,modernization and expansion program on multiple buildings. All workwas performed on occupied, functioning hospital buildings, and includedwindow, roof and exterior door replacement; and masonry façaderestoration and stabilization. Distinctive architectural detailing, includingembossed lead spandrel panels and clay roofing tiles on pitched roofs, wasrenovated, restored and cleaned.

CONSTRUCTION EXPERIENCE: ACADEMIA NY Law School Academic Building, 185 West Broadway, New York, NYPavarini McGovern is currently in the construction stage for a new,approximately 209,000-SF academic building for NY Law School. Thefacility consists of five stories above- and four levels below-grade, in an “L”shaped, and a multi-story connector to join existing NY Law Schoolbuildings with the new building. The enclosure is primarily glasscurtainwall from the second through the fifth floors. Stone and paintedmetal cladding and stainless steel details will provide aesthetic accents atthe base of the building. The basement levels required phased excavationand foundation work that incorporates the installation of a slurry wallsystem, creating a waterproof concrete bathtub foundation. After sitemobilization and the demolition of an existing narrow building, work onthe foundation wall included pre-trenching, slurry wall installation, and“top down” construction of the basement levels one through four.

CONSTRUCTION EXPERIENCE: GOV’T/CIVIC Queens Family Courthouse, DASNY, Jamaica, NYThis 300,000-SF project involved building a 5-story (plus cellar andpenthouse), courthouse building and a 4-story (plus cellar and penthouse)agency support office building, connected by a common lobby space. Thestructures included 24 courtrooms, attorney conference rooms, waitingareas, hearing rooms, judge's chambers and detention facilities for juvenilesand adults, and a parking garage, support spaces and a state-of-the-artlobby, which includes dual stainless steel clad entrances.



MOUND COTTON WOLLAN & GREENGRASS

One Battery Park PlazaNew York, NY 10004(212) 804-4200

New York Long Island Newark San Francisco Fort Lauderdale

Barry Temkin is counsel to Mound Cotton Wollan & Greengrass. His practice includessecurities arbitration and litigation, directors and officers defense, commodities andsecurities regulation, legal malpractice, legal ethics, construction and commercial litiga-tion. Mr. Temkin has represented broker dealers, futures commission merchants andregistered representatives in a variety of arbitrations and regulatory investigations.

Mr. Temkin is an adjunct professor at Fordham University School of Law, where heteaches Professional Responsibility. He was an Assistant District Attorney in Brooklyn,where he served as a Senior Trial Attorney in the Homicide Bureau. Mr. Temkin haspublished articles on securities arbitration and attorney professionalism in theGeorgetown Journal of Legal Ethics, Seattle University Law Review, SecuritiesArbitration Commentator, Touro Law Review and the New York Law Journal. Mr. Temkin has been a member of the FINRA (Financial Industry RegulatoryAuthority) Board of Arbitrators since 1999, and is chair of the New York CountryLawyers’ Association Professional Ethics Committee. Mr. Temkin has participated inpanels on securities, commodities and legal ethics at the New York State Bar Association,the New York County Lawyers’ Association, the Association of the Bar of the City ofNew York, the Practicing Law Institute, New York Law School, Benjamin N. CardozoSchool of Law, New York State Trial Lawyers Association and The Defense Associationof New York.

Mr. Temkin is a graduate of the University of Rochester and the University ofPennsylvania Law School.

MEMBERSHIPS/HONORS

Chair, New York County Lawyers’ Association Committee on Professional Ethics,2006 – present; Member, 2001– present

Member, Editorial Board of Oxford University Press New York Rules of ProfessionalConduct, 2010

Member, NASD Regulation, Inc./Financial Industry Regulatory Authority (FINRA)Board of Arbitrators, 1999-present

New York County Lawyers’ Association, Committee on Futures and Derivatives

Barry [email protected]

(212) 804-4221

www.moundcotton.com

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Volunteer Attorney, Trial Lawyers Care, 2001-2004

Otto L. Walter Distinguished Writing Award, New York Law School, 2008

Member, Editorial Board of The Legal Malpractice Law Review

PUBLICATIONS

New York Rules of Professional Conduct, Oxford University Press, Rule Editor andContributor of Four Chapters (2010).

Is Law Firm Discrimination Unethical?, New York Law Journal (August 26, 2010).

State Regulation of Unauthorized Practice of Law in Arbitration and Mediation: The TrendToward Permitting Multijurisdictional Practice in ADR, BNA Securities Regulation & LawReport, 42 SRLR 1561 (August 16, 2010).

Supervision Duties Under the Commodity Exchange Act, New York Law Journal (May 27, 2010).

Settling Away: Unreported Private Settlement of Customer Complaints in the SecuritiesIndustry, Securities Arbitration Commentator, Vol. 2009, No. 4 (May 2010).

Open Questions on the Duty to Advise of the Right to Select Independent Counsel, TheDefendant (Spring 2010).

Intrafamily Conflicts of Interest Under the Rules of Professional Conduct, New York LawJournal (December 31, 2009).

Lying by Proxy: Permissible Trickery and Deception by Undercover Investigators, NewYork Law Journal (October 13, 2009).

Coverage Conflicts for Retained Insurance Defense Counsel, New York Law Journal (July8, 2009).

Client Perjury Under the New Rules of Professional Conduct, New York Law Journal(February 24, 2009).

Deception in Undercover Investigations: Conduct Based vs. Status Based Ethical Analysis,32 Seattle University Law Review 123 (Fall 2008). (Winner of 2008 Otto L. WalterDistinguished Writing Award from New York Law School)

Arbitration of Customer Claims Before the New Financial Industry Regulatory Authority,(with James Yellen), New York Law Journal (June 2008).

Are Insurance Brokers Professionals? New York Law Journal (August 8, 2006).

Statutes of Limitation in Securities Arbitrations, New York Law Journal (June 16, 2005).

Barry Temkin

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Ethical Issues in Settlement Negotiations, New York Law Journal (March 14, 2005).

Misrepresentation By Omission in Settlement Negotiations: Should There Be A Silent SafeHarbor?, 18 Georgetown J. L. Ethics 179 (Fall/Winter 2004).

Pleading Standards in Securities Arbitrations, New York Law Journal (Sept. 20, 2004).

Errant E-Mail: Inadvertent Disclosure of Confidential Material Poses Dilemma, New YorkLaw Journal, (October 14, 2003).

Ethical, Legal and Practical Implications of Attorney Referral Fees, New York Law Journal(August 7, 2002).

Reviewing Legal Implications of Variable Annuities, New York Law Journal (February 26,2002).

Can Negligent Referral to Another Attorney Constitute Legal Malpractice? 17 Touro L.Rev. 639 (Spring 2001).

Guidance Given on Discovery in NASD Arbitrations, New York Law Journal (Nov. 13,2001).

New York's Labor Law Section 240: Has it Been Narrowed or Expanded By The CourtsBeyond The Legislative Intent?, 44 New York Law School Law Review 45 (2000), 44NYLSLR 45 (cited with approval in Narducci v. Manhasset Bay Associates, 96 N.Y.2d259, 727 N.Y.S.2d 37 (2001), and Almanzar v. Goval Realty Corp., 286 A.D.2d 278, 729N.Y.S.2d 133 (1st Dep’t 2001).

SPEAKING ENGAGEMENTS

New York City Bar, Starting and Maintaining Your Own Firm In a Recession (February 9,2010)

American Conference Institute, 2nd Annual Forum on LPL/Legal Malpratice: DepartingAttorneys, Lateral Hires, and Their Impact on LPL: Risk Management and PolicyConsiderations for Carriers and Law Firms (January 27, 2010)

Futures and Derivatives Committee, New York County Lawyers' Association, SupervisoryLiability Under the Commodiy Exchange Act (January 19, 2010)

New York City Bar, Everyday Ethical Challenges in the Practice of Law

New York State Trial Lawyers Insitute: Ethical Issues for Solo and Small Firm Practitioners

New York State Bar Association: Code of Professional Responsibility

Defense Association of New York: Conflicts For Retained Defense Lawyers

Barry Temkin


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New York State Bar Association: Ethical Conflicts for Directors of Not-for-Profit-Corporations

New York City Bar, Judicial Elections: The Ethical and Practical Dilemmas TheyPose for Practicing Lawyers

New York State Bar Association, Ethics for Litigators and Trial Lawyers

New York County Lawyers’ Association, Ethical Issues in Internal Investigations

New York County Lawyers’ Association, Civil Trial Practice Institute

ADMISSIONS

New York

New Jersey

United States District Court Eastern District of New York

United States District Court Southern District of New York

EDUCATION

B.A., magna cum laude, University of Rochester, 1979

J.D., University of Pennsylvania Law School, 1982

Barry Temkin


ethics and th e construction la w y e r - nycla

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