Panel 1. Panel 2. Biographies 1

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1 Panel 1 Deborah Kerzhner is an Agency Attorney at NYC Human Resources Administration and a member of the New York City Bar Association New York City Affairs Committee. A recent graduate of Columbia Law School, her publications include Rebuilding After a Natural Disaster and ADA Compliance published in Under Construction; the Newsletter of the ABA Forum of the Construction Industry. Robert A. Rubin is Special Counsel to McCarter & English, LLP, having worked extensively in drafting and negotiating design and construction contracts and resolving problems short of litigation, but also having experience in litigating and arbitrating complex construction disputes. His projects have included infrastructure, EPC energy plants, pipelines, mass transit, telecommunication, industrial and high-rise buildings. Mr. Rubin is co-author of New York Construction Law Manual, 2013 Ed. and is Adjunct Professor, Columbia University, faculties of Law and Civil Engineering, where he teaches an interdisciplinary course on construction industry law. Mr. Rubin is a member of the New York State Bar and is a licensed Professional Engineer in New York, having received a Bachelor of Civil Engineering from Cornell University and a Juris Doctor from Columbia University. Panel 2 Jacob E. Arluck is an Undergraduate Research Fellow in the Cornell Program in Infrastructure Policy (CPIP), where he works under Professor Rick Geddes. Currently, their research team is conducting a large-scale study investigating a possible link between public financing type and road quality and safety. Mr. Arluck is also a research assistant in the Cornell Near Eastern Studies department, where he is modernizing a database of cuneiform tablets containing ancient demographic and economic data. He spent last semester abroad in New Zealand, where he learned first-hand about the country s extraordinary public policy experiments. As a Senior in his final semester at Cornell, Mr. Arluck is currently immersed in the job interview process. Hon. Ariel E. Belen (Ret.), JAMS Mediator & Arbitrator, had been an Associate Justice of the Appellate Division, Second Department since 2008, and had served as a Justice of the New York Supreme Court trial and appellate terms since Co-author of the New York Trial Notebook, a comprehensive trial practice treatise, he was an instructor for many years at the New York State Judicial Institute where he taught all newly appointed or elected New York judges in the art of judging. His earlier positions included Administrative Judge of Kings County Supreme Court, Associate Justice of the Appellate Division, Chief, New York City Office of Corporation Counsel, Bronx Tort Division and several positions with the New York City Office of Corporation Counsel and with the Legal Aid Society of New York, Criminal Defense Division. Biographies 1

2 He holds a B.A., cum laude, from Brooklyn College and a J.D., with Specialization in International Legal Affairs, from Cornell Law School. Jeff Grabelsky, the Associate Director of The Worker Institute at Cornell, co-coordinates the institute s Strategic Leadership Initiative, developing and delivering education and training programs and providing research and technical assistance in all aspects of union affairs. He has taught in the Cornell/NYS AFL-CIO Union Leadership Institute since its founding in 2000 and coordinates the Construction Career Initiative, a joint project involving Cornell University, the Partnership for Working Families, and the Building and Construction Trades Department. Mr. Grabelsky has been a member of the International Brotherhood of Electrical Workers (IBEW) for over thirty years, and is the former national organizing director of the Building and Construction Trades Department (AFL-CIO). He received his B.A. in Political Science from the University of Michigan, his M.A. in U.S. Labor History from Syracuse University, his M.S. in Industrial and Labor Relations from Cornell University, and his Journeyman Electrician Classification from the IBEW. Fletcher Bud Griffis, Professor of Construction Engineering and Management in the Department of Civil Engineering Polytechnic University, is also Director of the NYS Resiliency Institute for Storms and Emergencies. Until July 2006, he was Provost, Dean of Engineering and Applied Science and Vice President for Academic Affairs at Polytechnic University, he was director of the Center for Construction Management Innovation and also in charge of all capital construction at the school. Professor Griffis is a Professor Emeritus in the Department of Civil Engineering and Engineering Mechanics at Columbia University, having taught there from 1984 to 1999 and serving as head of the Construction Engineering Program and the Director of the Center for Infrastructure Studies. In addition, he was an Executive Vice President in the firm of Robbins, Pope and Griffis Engineers, P.C. of New York. Professor Griffis holds a B.S. degree from the U.S. Military Academy at West Point, two Masters Degrees (one in Construction Engineering and one in Operations Research) and a Ph.D. in Civil Engineering (Construction) from Oklahoma State University. He is also a graduate of the U.S. Army War College. He is a registered Professional Engineer in the states of New York and Oklahoma. Michael J. Hutter is a Professor of Law at Albany Law School, where he has been a member of the faculty since 1976, and also Special Counsel to the Albany law firm of Powers & Santola, LLP. Professor Hutter is the current President of the Albany County Bar Association. He graduated from Brown University and Brooklyn College Law School, serving as Editor-In-Chief of Boston College s law review (Annual Survey), and elected to the Order of the Coif. Professor Hutter served as law clerk to Judge Matthew J. Jasen, an Associate Judge of the New York Court of Appeals, and from , he was the Executive Director of the New York State Law Revision Commission. He also served as Chair, NYS Capital Defender Office from and he presently serves as a Commissioner on the New York State Law Revision Commission. W. Bentley MacLeod is the Sami Mnaymneh Professor of Economics, Professor of International and Public Affairs, Columbia University and an affiliated faculty member at Columbia Law School. He is a fellow of the Econometric Society and the Society of Labor Economists. Previous positions include director of the American Law and Economics Association, Co-Editor of the Journal of Law, Economics and Organization, Associate Editor of the Journal of Economic Behavior and Organization, Editor of the Journal of Labor Economics, director of the Western Economics Association, founding co-director of the Center for Law, Economics and Organization, USC, and Leon Levy Foundation member at the Institute for Advanced Studies, Princeton NJ. Professor MacLeod holds a BA (with distinction) and an Msc in mathematics from Queen s University, Canada and a PhD in economics from the University of British Columbia, Canada. 2 Thursday, March 13, 2014 New York City Bar Association

3 Panel 3-A Victorine Froehlich, as a former appellate Administrative Law Judge with the New York State Department of Labor for ten years, focuses her practice in the areas of government relations, business development, and appellate brief writing. Having grown up in countries as diverse as India, Israel, the Philippines, and Canada, and as a graduate of the Benjamin N. Cardozo School of Law, Victorine enjoys the development of creative problem-solving solutions. She and her husband Kurt, have two sons, Sean and Ezra. Steve Kaplan is Assistant Regional Administrator Federal Enforcement Operations for OSHA Region 2, overseeing the implementations of OSHA s enforcement program in OSHA Region 2 (NY, NJ, Puerto Rico, and the US Virgin Islands). Mr. Kaplan began his career at OSHA in 1994 serving also as a Compliance Safety and Health Officer and as a Supervisor. Mr. Kaplan is also OSHA Region 2 s Subject Matter Expert for the Control of Hazardous Energy (Lockout Tagout) standard. Mr. Kaplan earned a Bachelor of Science Degree in Human Ecology from Rutgers/Cook College in Piscataway NJ Brett J. Nomberg is a partner and the senior personal injury trial lawyer at the Manhattan law firm Brand Brand Nomberg & Rosenbaum, LLP. Mr. Nomberg has been trying personal injury cases for the last 20 years, with several multi-million dollar verdicts including those for construction accidents, and he has worked as an Appellate Attorney, writing, arguing and winning numerous appeals before the different Appellate Divisions. In 2013, Mr. Nomberg became the Chairman of the Tort Litigation Committee for the New York City Bar Association. Mathew Ross, a senior New York trial partner, at Wilson Elser, focuses on the defense of construction accident claims under New York Labor Law as well as other high exposure premises liability claims. He has extensive experience in state and federal courts and increasingly is brought in to serve as trial counsel on high-value cases previously handled by other firms. Mr. Ross also has represented insurers in connection with a variety of specialty risk insurance policies, and in the construction area, he has represented companies and municipal agencies in all phases of litigation, from inception through trial and appeal. Mr. Ross also served as an officer in the U.S. Army Judge Advocate General s Corps at Fort Eustis, VA, where he was chief of the military justice branch as a criminal prosecutor and also handled cases in the labor/ employment law branch. He was recently was elected to a second term as president of Norwood, New Jersey s Board of Education. Brian J. Shoot is a partner with the firm of Sullivan Papain Block McGrath & Cannavo, P.C. Mr. Shoot is a member of the Office of Court Administration s Advisory Committee on Civil Practice. He speaks and writes on subjects relating to civil and appellate practice. His column on Construction Accident Litigation regularly appears in The New York Law Journal. Amongst other bar associations, Mr. Shoot is a member of the American Academy of Appellate Lawyers. He graduated from Union College and New York University School of Law. Robert S. Smith, Associate Judge of the Court of Appeals, was born in New York, New York in 1944, and grew up in Massachusetts and Connecticut. He graduated from Stanford University (B.A. 1965, with great distinction) and Columbia Law School (LL.B. 1968, magna cum laude), where he was editor-in-chief of the Law Review. From 1968 to 2003 he practiced law in New York City with the firm of Paul, Weiss, Rifkind, Biographies 3

4 Wharton & Garrison, taking a one-year leave of absence in to serve as Visiting Professor from Practice at Columbia Law School. He was a Lecturer in Law at Columbia Law School from 1981 until On June 1, 2003, he became an individual practitioner and Special Counsel to the firm of Kornstein Veisz Wexler & Pollard. On November 4, 2003, he was appointed by Governor George E. Pataki to the Court of Appeals. The appointment was confirmed by the State Senate on January 12, He and his wife, Dian G. Smith, live in New York City. They have three children and three grandchildren. Panel 3-B Louis J. Coletti has been the President and Chief Executive Officer of the Building Trades Employers Association since 1997, representing 27 contractor associations and 1,800 union construction managers, general contractors, and subcontractors in New York City. From 1993 to 1997 he served as Senior Vice President at the construction management firm of Leher McGovern Bovis and from 1986 to 1993 as President and Chief Executive Officer of the New York Building Congress. Mr. Coletti holds a Master s Degree in Public Administration from the New York University Robert Wagner School of Public Administration, and a Bachelor of Arts from Rutgers University. He also is a graduate of the David Rockefeller Fellows Program of the New York City Partnership. Paul E. Fernandes joined the Building and Construction Trades Council of Greater New York in 1995 and has served since 1998 as chief of staff for the organization, which consists of local affiliates of 15 national and international unions representing 100,000 members in New York City. Mr. Fernandes has served as president and CEO of The Edward J. Malloy Initiative for Construction Skills (formerly Construction Skills 2000) since 2006, having served as its administrator from its founding in 2001 through Mr. Fernandes, a graduate of Rutgers College at Rutgers University, began his career working as a finance coordinator for Bill Clinton s 1992 presidential campaign, followed by an appointment as a special assistant to the United States secretary of labor in the White House liaison s office. Mr. Fernandes resides in Brooklyn. Victorine Froehlich. See Panel 3-A. John F. Grubin, a partner since 1990 of what is now Wasserman Grubin & Rogers, LLP, specializing in commercial litigation, construction law, government contracts, and real estate, was, at the office of the City s Corporation Counsel, Chief of Commercial Litigation, a division of 47 attorneys responsible for most commercial litigation in which the City was involved. After graduating from Yale College and Rutgers Law School, he clerked for the Hon. Richard J. Hughes, Chief Justice of the Supreme Court of New Jersey and then was associated with the firm of White & Case for three and a half years. From 1990 to 1993, Mr. Grubin, while in private practice, served as the first chairman of the City s Procurement Policy Board. He founded and served as the first Chair of the New York City Bar Association s Construction Law Committee. Ross Holden serves as the Executive Vice President & General Counsel for the New York City School Construction Authority. He is responsible for directing and managing the legal, procurement, real estate, internal audit, and labor law compliance departments; participating as a member on the executive committee; and providing legal guidance for the Authority s operations and construction program. Mr. Holden earned his Bachelor of Arts degree with Highest Distinction from the University of Virginia and his 4 Thursday, March 13, 2014 New York City Bar Association

5 JD Magna Cum Laude from Georgetown University Law Center where he was an editor of the Law Review. Mr. Holden was formerly Associate General Counsel of Ebasco Services Incorporated, an international engineering and construction firm, and an associate at the law firm of McCarter & English. Christopher Jaskiewicz is Chief Operating Officer of Gotham Organization, Inc., which develops, builds, owns and operates distinctive real estate properties and also owns Gotham Construction Company, one of the oldest and largest builders in the northeast. Prior to joining Gotham in 2003, Mr. Jaskiewicz previously represented Gotham as an associate in the New York office of Proskauer Rose LLP, where he worked from 1999 to 2003 on mergers, acquisitions and transactions in the technology, hospitality, and real estate industries. He also litigated matters involving entertainment, franchises, employee raiding, trade secrets, and professional sports issues. Mr. Jaskiewicz received a law degree from St. John s where he was on the Dean s List, a B.S. from FSU, and he studied international business at the American University of Paris. David Marino is Executive Vice President-Managing Director of Aon Construction Services Group, consisting of over 130 construction professionals that provide strategic insurance, wrap-up and surety solutions to clients from throughout the tri-state area. Mr. Marino joined Aon through the strategic acquisition of Allied North America, where he was President of the flagship New York operation. A student of the insurance business, Mr. Marino graduated cum laude from the College of Insurance, where he majored in Property and Liability Insurance, and he maintains a Chartered Property and Casualty Underwriter designation and is a member of the CPCU Society. Keynote Speaker-Luncheon Richard T. Anderson is President of the New York Building Congress, a public policy organization in its 93rd year of promoting the design, construction and real estate community. Prior to the Building Congress, Mr. Anderson served as Executive Director of The Dallas Plan, a non-profit group formed to prepare a longrange capital improvements strategy for that city, and as President of the Regional Plan Association, the nation s oldest metropolitan planning organization serving the New York, New Jersey and Connecticut metropolitan region. A graduate of Rutgers University, where he was elected a Loyal Son in 1989, Mr. Anderson earned a Master of Regional Planning degree from Cornell University and completed postgraduate doctoral studies in public administration at New York University. Panel 4 Laureen Coyne is the Director of Risk and Insurance Management for the New York Metropolitan Transportation Authority. She is responsible for developing strategies, policies and programs to identify and mitigate industry, market and regulatory risks, and minimize costs associated with litigation, claims, insurance coverage, assets and contracts across all of the MTA's agencies. Ms. Coyne also serves as the President of the MTA's captive insurer - First Mututal Transportation Assurance Company, the first captive formed in NYS which now maintains more than 15 insurance and reinsurance policies on behalf of the MTA's operating agencies. Ms. Coyne has a law degree from Fordham University School of Law and a Master's degree in Public Administration. Biographies 5

6 Joe Hogan is the Vice President of Building Services for the Associated General Contractors of New York State (AGCNYS), a chapter of the AGC of America, and also serves as Director of Construction Services for AGC Safety & Construction Services, a subsidiary of AGCNYS. Mr. Hogan holds a Bachelor of Science Degree in Commerce/Labor Relations from Niagara University. He is recognized as a Construction Document Technologist (CDT) by the Construction Specifications Institute (CSI) and is a Member of the Panel of Arbitrators for the American Arbitration Association (AAA). Lawrence Martin is Chief for Disaster Planning and Insurance at the New York City Law Department, advising the City on a wide range of issues relating to insurance, including the insurance the City requires in its construction and services contracts, its leases, licenses, and concessions, and its permitting rules. Mr. Martin is also actively involved in issues relating to potential disasters and post-disaster recovery, particularly following September 11 and Hurricane Sandy. He is a graduate of Yale Law School and Yale College. Timothy Walker is a Senior Vice President, Regional Technical Director - Construction Claims with Willis New York Construction Practice. He has extensive experience in New York Labor Laws, contractual risk, claim program design and cost containment strategies. He is a resource for senior level advocacy and consulting on high severity or otherwise critical claims, including exposure analysis, disposition strategy and coverage dispute resolution. His responsibilities include all aspects of Wrap-Up programs including presentations to the Owners, acting as a liaison between owners, project managers, contractors and insurance carriers and administering/coordinating contractor enrolment and project compliance. Prior to joining Willis, Mr. Walker worked as the Director of Insurance and Risk for Turner Construction s Northeast Region, where he was responsible for providing oversight on all Risk Management activities for a $3 Billion scope of work annually. Bert Wells is a partner in the insurance coverage practice of the law firm Covington & Burling LLP. He represents policyholders in developing and executing insurance recovery strategies, negotiating settlements of claims, and resolving claims through litigation, arbitration and mediation. He graduated with a J.D. from Yale Law School in 1987 and earlier earned degrees in mathematics from the California Institute of Technology and Oxford University. 6 Thursday, March 13, 2014 New York City Bar Association

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