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Section Delegates to the NYSBA House of
Delegates
The Section’s 2012-2013 delegates to the New York State Bar
Association’s House of Delegates are Section Chair Tracee
E. Davis of Zeichner Ellman & Krause LLP, former Section
Chairs, David Tennant of Nixon Peabody LLP and Jonathan D. Lupkin
of Flemming Zulack Williamson Zauderer LLP. The alternate
delegate is Vincent J. Syracuse of Tannenbaum Helpern Syracuse &
Hirschtritt LLP and Joseph V. DeMarco of DeVore & DeMarco
LLP.
Gregory K. Arenson, Chair
Gregory K. Arenson is a partner with the firm
Kaplan Fox & Kilsheider LLP. He is a seasoned business litigator
with experience representing clients in a variety of areas, including
antitrust, securities, and employee termination. His economics
background has provided a foundation for his recognized expertise in
handling complex economic issues in antitrust cases, both as to class
certification and on the merits. Prior to joining Kaplan Fox, Mr.
Arenson was a partner with Proskauer Rose. Earlier in his career, he was
a partner with Schwartz Klink & Schreiber, and an associate with
Rudnick & Wolfe (now DLA Piper).
Mr. Arenson’s pro bono
activities include being a co-chair of the New York State Bar
Association Task Force on the State of Our Courthouses, whose report was
approved June 20, 2009, and a member of the New York State Bar
Association Special Committee on Standards for Pleadings in Federal
Litigation. He also serves as a mediator in the U.S. District Court for
the Southern District of New York. In addition, he is an active alumnus
of the Massachusetts Institute of Technology, having served as a member
of the Corporation, a member of the Corporation Development Committee,
vice president of the Association of Alumni/ae, and member of the
Alumni/ae Fund Board (of which he was a past chair).
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Tracee E. Davis
Tracee E. Davis is of counsel at Zeichner Ellman & Krause LLP
in New York City in the firm’s commercial litigation
group. Ms. Davis has served on the Executive Committee of the
Commercial and Federal Litigation Section since 2002 and served as
Section Secretary from 2004 to 2005. Ms. Davis is Chair of
the Section’s Diversity Committee and is the former Co-Chair of
the Section’s State Court Counsel Committee. She also
served as a member of NYSBA’s House of Delegates from 2004 to
2009.
Ms. Davis’ practice involves complex commercial litigation,
consumer class actions, banking, commercial real estate and insurance
matters in state and federal court. She has extensive
experience handling disputes in New York ’s Commercial
Division. Prior to private practice, Ms. Davis served as the
Principal Court Attorney to Justice Charles Edward Ramos of the New York
State Supreme Court, Commercial Division in New York County
and as Senior Court Attorney in the Law Department of the New York
State Supreme Court, in New York County .
Throughout the years, Ms. Davis has lectured extensively on various
topics involving complex commercial litigation and New York civil
practice. She has been appointed to various task forces,
including the New York State Bar Association Task Force on Mandatory
Retirement of Judges in 2007 and the New York State Bar Association Task
Force on Wrongful Convictions in 2008. In 2004, she
participated in the presentations given to the Justices of the
Commercial Division at the New York State Judicial Institute
at Pace University.
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David Tennant
David H. Tennant, a partner in the Rochester office of Nixon Peabody,
is the new chair of the 2,291-member Commercial and Federal Litigation
Section of the New York State Bar Association.
Tennant practices in the fields of Indian Law litigation and appeals,
other complex commercial litigation, products liability, and insurance.
He is a founding member of his firm’s cross-office/cross-practice
group, the Appellate Litigation Team.
An 18-year member of the State Bar, Tennant served as chair of the
Committee on Mass Disaster Response from 1999 to 2002. Within the
Commercial and Federal Litigation Section, Tennant most recently served
as chair-elect and co-chair of the Appellate Practice Committee. He also
is a member of the section’s Task Force on State Court Appeals and
the Commercial Division Committee.
Tennant is a member of the Defense Research Institute Appellate
Advocacy Committee and American Bar Association Council of Appellate
Lawyers of the Judicial Division, He also serves on the pro bono panel
of the United States Court of Appeals for the Second Circuit.
Tennant received his undergraduate degree with honors from the
University of Michigan, and earned his law degree from the University of
California at Los Angeles Law School (Order of the Coif).
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Jonathan D. Lupkin
Firm co-founder Jonathan D. Lupkin is a litigator
and trial lawyer with two decades of experience. He has tried complex
jury and non-jury cases in state and federal court and has experience in
various forms of alternate dispute resolution procedures. A leader of
the organized bar in New York, Mr. Lupkin has served as Chair of the
Commercial and Federal Litigation Section of the New York State Bar
Association, a position held by two federal judges, the general counsel
of a major New York City performing arts institution and senior partners
at some of the nation's largest law firms. Most recently, New York State
Chief Judge Jonathan Lippman appointed Mr. Lupkin to the Commercial
Division Advisory Council, a permanent body created by the Chief Judge
to advise him on all matters, statewide, involving and surrounding the
Commercial Division. Mr. Lupkin also serves as a member of the Advisory
Committee for the Commercial Division of the Supreme Court of the State
of New York in New York County.
Mr. Lupkin has extensive experience litigating a
variety of complex business disputes, including disputes involving
attorney malpractice and other professional liability, commercial
banking, real estate, partnership break-ups, securities and financial
derivatives. Mr. Lupkin also handles the defense of white-collar
professionals, corporate executives and others in criminal and
quasi-criminal investigations and prosecutions, as well as conducts
internal investigations. His varied representations include:
- Defense at trial of a major New York City law firm in a
multi-million dollar suit alleging breach of the firm partnership
agreement;
- Defense of a major New York City law firm in a legal
malpractice action arising from alleged transactional advice rendered by
one of the firm's European offices;
- Defense of the former Chairman of the New York Stock
Exchange in an action brought by the New York State Attorney
General;
- Defense of former American Insurance Group ("AIG")
director in an action by AIG alleging breach of fiduciary duty;
- Representation of a member of the Duma, the Russian
Federation's lower house of parliament, in a defamation action involving
charges of anti-Semitism, embezzlement and participation in war
crimes;
- Prosecution on behalf of a successful real estate
management company of a multi-million dollar fraud action against a
corrupt insurance brokerage firm and its principals;
- Defense, post 9/11, of a prominent insurance brokerage
firm in a $42 million malpractice action stemming from the procurement
of terrorism loss interruption;
- Defense at trial of major New York industrial landlord
in decade-long litigation of dispute with commercial tenant;
- Prosecution at trial of an indemnity claim on behalf of
a major plastics manufacturer against one of its suppliers;
- Appeal to the Second Circuit of a complex antitrust
action on behalf of a distributor of satellite television programming
packages;
- Prosecution of a civil RICO action on behalf of a
well-known pharmaceutical manufacturer against one of its
distributors;
- Representation at trial of a former derivatives trader
in an enforcement proceeding commenced by the Board of Governors of the
Federal Reserve System;
- Representation of a major project management company
executive in a corruption prosecution stemming from the renovation of
the Post Office Building and Federal Courthouse in Brooklyn, New
York;
- Representation of a prominent physician in prosecution
stemming from the insider trading inquiry surrounding the IBM takeover
of Lotus as well as before the Office of Professional Medical Conduct in
connection with related licensure issues; and
- Representation of foreign national in connection with
high profile prosecution for alleged illegal exportation of military
equipment.
Mr. Lupkin has lectured extensively on trial and
appellate practice. He has served as an instructor for the National
Institute for Trial Advocacy and the New York State Bar Association's
Commercial Litigation Academy and has served on numerous CLE panels,
including: "The Trial of a Commercial Case: Successful Techniques and
Tactics," "Trying Your First Non-Jury Case and Preserving Issues for
Appeal: The Mechanics for Success," "CIVIL RICO: Legal Overview &
Tactical Considerations," "Civil Appeals: Strategies and Process in the
New York Court," "Recent Developments in Civil Practice: CPLR and
Evidence," and "Trial of a Civil Case in Federal Court." In 2003 and
again in 2008, Mr. Lupkin participated in presentations given to the
Justices of the Commercial Division at the New York State Judicial
Institute at Pace University.
Mr. Lupkin was graduated from Columbia College in
1989 with a B.A. in comparative religion and from the Columbia
University School of Law with his J.D. in 1992. He served as Notes and
Comments Editor and a member of the Administrative Board for the
Columbia Law Review and was named by the law school as a Harlan Fiske
Stone Scholar.
Immediately after graduating from law school, Mr.
Lupkin served as Law Clerk to the Honorable Edward R. Korman, United
States District Judge for the Eastern District of New York.
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