Albany Law School

A.B., Brown University  
J.D., Boston College

Clerked for Judge Matthew J. Jasen, New York State Court of Appeals, practiced law with a New York law firm involved in antitrust and unfair competition litigation. Authored a book and numerous articles on antitrust and unfair competition. Active in the Litigation Section and the Committee on Antitrust and Unfair Competition of the ABA. Member of advisory group to the American Law Institute Restatement of the Law of Unfair Competition. Member of the New York State Law Revision Commission. Editor, Model Jury Charges in Business Torts Cases. One of seven nominees for the New York Court of Appeals in 1998 as selected by the State Commission of Judicial Nomination.

'Pealer' and Forensic-Related Records: Confronting 'Crawford' and Its Progeny, New York Law Journal (April 4, 2013)

Refreshing Recollection Doctrine Revisited, New York Law Journal (Dec. 6, 2012)

Inadvertent Waiver of the Attorney/Client Privilege, New York Law Journal (Oct. 4, 2012)

Scope of Waiver Effected by Disclosure of Attorney-Client Privileged Matter, New York Law Journal (Aug. 2, 2012)

Pommells: The Facts, Nothing But the Facts,
78 (no. 5) New York State Bar Association Journal 42 (2006)

COVENANTS NOT TO COMPETE: A USEFUL EXPLANATION INCLUDING DRAFTING (National Law Foundation, 2006)

Honor The Craft: The Judicial Legacy of Judge Matthew J. Jasen,
69 Albany Law Review 403 (2006)

Evidence (2004-2005 Survey of New York Law),
56 Syracuse Law Review 871 (2006)

Evidence (2003-2004 Survey of New York Law),
55 Syracuse Law Review 1005 (2005)

Evidence (2002-2003 Survey of New York Law),
54 Syracuse Law Review 601 (2005)

Impeachment of a Witness in a Civil Action: Proof of Prior Misconduct (Bad Acts),
(Spring 2004) New York State Trial Lawyers Institute Bill of Particulars (2004)

Evidence (2001-2002 Survey of New York Law),
53 Syracuse Law Review 539 (2003)

Using Expert Testimony as a Basis for the Invocation of Res Ipsa Loquitor,(Fall 2003) New York State Trial Lawyers Institute Bill of Particulars (2003)

Plaintiff's Pre-Trial Statements and Expressions of Physical Sensations and Condition: The Questionable Status of New York's Rules Governing Their Admissibility,
(Spring 2003) New York State Trial Lawyers Institute Bill of Particulars (2003)

Hospital Records Entries,
(Summer 2003) New York State Trial Lawyers Institute Bill of Particulars (2003)

Chapters, No Fault Law Update in DECISION (New York State Trial Lawyers Association) annually, 1991-2003

Accident Reports and the Business Records Hearsay Exception: The Johnson v Lutz Judicially Created Requirement,
(Winter 2002) New York State Trial Lawyers Association Bill of Particulars (2002)

Toure v. Avis and the Serious Injury Threshold: The Court of Appeals Giveth and Taketh Away, But Giveth More,
(Fall 2002) New York State Trial Lawyers Association Bill of Particulars 39 (2002)

Evidence, (2000-2001 Survey of New York Law),
52 Syracuse Law Review 397 (2002)

Tyrrell v. Wal-Mart Admissibility of Employee Statement Regarding Spills in Slip and Fall Cases,
(Summer 2002) New York State Trial Lawyers Association Bill of Particulars 55 (2002)

Chapter: Conduct of the Hearing in MANUAL FOR ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS, rev. ed. (R. Heverly, ed.) (New York State Dept. of Civil Service, 2002)

Appendix A: Evidence in MANUAL FOR ADMINISTRATIVE LAW JUDGES AND HEARING OFFICERS, rev. ed. (R. Heverly, ed.) (New York State Dept. of Civil Service, 2002)

NO-FAULT SERIOUS INJURY (National Law Foundation, 2002)

2002 Update to NO FAULT CASE HANDBOOK (New York State Bar Association)

EMPLOYEE COVENANTS-NOT-TO-COMPETE (Albany Law School, Institute of Legal Studies, 2001)

Contents of Writing, Recordings, and Photographs, in EMERGING PROBLEMS WITH THE FEDERAL RULES OF EVIDENCE, 3rd ed., (Lexis, 1998) at 387

Hearsay Update in POLITICAL EVIDENCE (New York State Bar Association, 1996)

NO FAULT CASE HANDBOOK (New York State Bar Association, 1996)

Government Investigative Reports: a New Approach for Their Admissibility in State Courts,
Trial Lawyers Section Digest (Trial Lawyers Section, New York State Bar Association) (no. 33) March 1996, at 1

Government Liability and Immunity from Personal Injury Claims, in THE 1996 WARREN M. ANDERSON LEGISLATIVE BREAKFAST SEMINAR SERIES (Government Law Center of Albany Law School, 1996) at 43

NO FAULT LAW HANDBOOK (New York State Bar Association, 1996)

Hearsay: the Principal Exception, in PRACTICAL EVIDENCE (New York State Bar Association, 1995)

No Fault Law Update, in AUTOMOBILE INSURANCE LAW (New York State Bar Association, 1995)

Evidence, (1994-1995 Survey of New York Law),
46 Syracuse Law Review 601 (1995)

Editor, NEW YORK LITIGATION FORMS (Lawyers Cooperative Publishing Co., 1995) (with eds. Kevin J. English, Barry G. Saretsky, et al.)

Revision of Chapters 2, 14, 57 and 75, Weinstein-Korn-Miller, NEW YORK CIVIL PRACTICE (Matthew Bender, 1987-1996)

Developments Re: Expert Testimony Under the Federal Rules of Evidence, in EXPERT WITNESSES (NYSBA, 1987)

Protecting Software, in COMPUTER LAW (New York State Bar Association, 1987)

Business Torts, in ACTIONS AND PROCEEDINGS (Callaghan, 1985)

Drafting Enforceable Noncompetition Agreements,4 Legal Notes and Viewpoints Quarterly 73 (1983)

Drafting Enforceable Employee Non-Competition Agreements to Protect Confidential Business Information: A Lawyer's Practical Approach to the Case Law,
45 Albany Law Review 311 (1981)

MONOPOLIES AND MERGERS: CASES AND MATERIALS (1981)

Remedies in Trade Secret Cases, in PROTECTING TRADE SECRETS (PLI, 1981)

Editor-in-Chief, MODEL JURY CHARGES IN BUSINESS TORT CASES, (ABA, 1981)

Pursuing Ex-Employees Who Misappropriate Trade Secrets: Pre-trial Considerations,
6 Litigation 39 (1980)

DISCUSSION OF CERTAIN RECOMMENDATIONS OF THE NATIONAL COMMISSION FOR THE REVIEW OF ANTITRUST LAWS AND PROCEDURES, Prepared for the ABA Litigation Committee (March 1979)

DISCUSSION OF CITY OF LAFAYETTE V. LOUISIANA POWER AND LIGHT, Prepared for the office of the New York Secretary of State (February 1979)

Trade Secret Misappropriation: A Lawyer's Practical Approach to the Case Law,
1 Western New England Law Review 1 (1978)

"Dirty Tricks" and Section One of Sherman Act: Federalizing State Unfair Competition Law,
18 Boston College Industrial and Commercial Law Review 239 (1977)

"Kelley v. Johnson" and Tonsorial Tastes: The Death Knell of Substantive Due Process,
41 Albany Law Review 411 (1977)

Book Review, (with Maleski) reviewing PRODUCTS LIABILITY: CASES AND MATERIALS,
65 Georgetown Law Journal 865 (1977)

Editor-in-Chief, Business Torts Newsletter
* Previewed in Preview of United States Supreme Court Cases:

McClain v. Real Estate Board of New Orleans, Inc.
* October 1979 Term, No. 10

GTE Sylvania, Inc. v. Consumer Union of U.S.
* October 1979 Term, No. 21

California Retail Liquor Dealers Association v. Midcal Aluminum
* October 1979 Term, No. 29

Freidman v. Rogers
* October 1978 Term, No. 6

Quickpoint v. Arneson
* October 1978 Term, No. 19

Colby v. Briggs
* October 1978 Term, No. 34

City of Lafayette v. Louisiana Power and Light
* October 1977 Term, No. 6

National Society of Professional Engineers v. United States
* October 1977 Term, No. 22

United States v. United States Gypsum Co.
* October 1977 Term, No. 27