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KENNETH R. FEINBERG, ESQ. The Law Offices of Kenneth R. Feinberg, PC

Kenneth R. Feinberg is one of the nation’s leading experts in mediation and alternative dispute resolution. He has administered numerous high-profile compensation programs, having served as Special Master of the September 11th Victim Compensation Fund, TARP Executive Compensation, and the Agent Orange Victim Compensation Program. Mr. Feinberg currently serves as Special Master of the U.S. Victims of State-Sponsored Terrorism Fund being administered by the Department of Justice, as well as Fund Administrator for the New York Archdiocese Independent Reconciliation and Compensation Program and the Fund Administrator for the Brooklyn Diocese Independent Reconciliation and Compensation Program. In 2015, Mr. Feinberg was appointed as Special Master by the Secretary of the Treasury in order to oversee the Department of Treasury’s review of applications proposing to reduce pension benefits in connection with the Kline-Miller Multiemployer Pension Reform Act of 2014. From 2014-2015, he served as the Administrator of the GM Ignition Compensation Claims Resolution Facility. Mr. Feinberg recently served in a pro bono capacity as Administrator for the OneOrlando Fund, designing and implementing a claims program for the distribution of over $25 million in corporate and private donations to the victims of the Pulse Nightclub shooting in Orlando in June 2016. Mr. Feinberg has also served in a pro bono capacity as Fund Administrator for the One Fund Boston Victim Relief Fund, Advisor for the Newtown-Sandy Hook Victim Compensation Fund, Administrator of the Aurora Victim Relief Fund following the Colorado movie theater shooting in 2012, and Administrator of the Hokie Spirit Memorial Fund following the shootings at Virginia Tech University in 2007. Mr. Feinberg was appointed by the Obama Administration and BP in 2010 to serve as Administrator of the Gulf Coast Claims Facility to compensate victims of the BP Deepwater Horizon oil spill in the Gulf of Mexico. Secretary of the Treasury Timothy Geithner appointed Mr. Feinberg to serve as Special Master for the Troubled Asset Relief Program (“TARP”) Executive Compensation in 2009 in order to make determinations regarding the compensation structures of certain employees of TARP recipients who had received exceptional financial assistance. During this time, Mr. Feinberg also served as Court appointed Fee Examiner of the Lehman Brothers bankruptcy case, examining and instituting caps on fees and expenses charged by professionals retained during the bankruptcy process. In 2008, Mr. Feinberg designed, implemented and administered Alternative Dispute Resolution Programs for Liberty Mutual Insurance Company and Zurich Insurance Company for resolving insurance claims arising from Hurricanes Katrina, Gustav, Ike and other hurricanes in the Gulf region. Mr. Feinberg was appointed in June of 2007 as the Distribution Agent In Re: United States Securities and Exchange Commission v. American International Group, Inc., responsible for the design and implementation of a Plan for the distribution of a fund of $800 million to eligible claimants. He has also served as Fund Administrator in other prominent settlements including: In Re: United States of America v. Computer Associates International, Inc. (responsible for the design and implementation of a restitution fund of $275 million); In Re: International Air Transportation Surcharge Antitrust Litigation (responsible for the design and administration of a $200 million fund in both the United States and England); In Re: Zyprexa Product Liability Litigation (a $700 million settlement fund); In Re: Latino Officers Association City of New York v The City of New York (a $17 million settlement fund). In November 2001, Attorney General John Ashcroft appointed Mr. Feinberg to serve as Special Master of the September 11th Victim Compensation Fund. In this capacity, Mr. Feinberg developed and

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promulgated the Regulations governing the Fund’s administration and oversaw the evaluation of applications, determination of appropriate compensation, and dissemination of awards totaling $7 billion. Mr. Feinberg received his B.A. cum laude from the University of Massachusetts in 1967 and his J.D. from New York University School of Law in 1970, where he was Articles Editor of the Law Review. He was a Law Clerk for Chief Judge Stanley H. Fuld, New York State Court of Appeals from 1970 to 1972; Assistant United States Attorney, Southern District of New York from 1972 to 1975; Special Counsel, United States Senate Committee on the Judiciary from 1975 to 1978; Chief of Staff to Senator Edward M. Kennedy from 1978 to 1980; Partner at Kaye, Scholer, Fierman, Hays & Handler from 1980 to 1993; and founded The Feinberg Group, LLP in 1993. MEDIATION Special Settlement Master, In re: Andrew Herman. et al. v. Westinghouse Electric Corporation (employment discrimination class action). Special Settlement Master, In re: “Agent Orange” Product Liability Litigation. Special Settlement Master, County of Suffolk et al. v. Long Island Lighting Co. et al. (Shoreham Nuclear Facility class action RICO litigation). Special Settlement Master, In re: Eagle-Picher Industries Inc. (national asbestos personal injury/wrongful death class action). Special Settlement Master, In re: Joint Eastern and Southern District Asbestos Litigation (federal and state asbestos personal injury/wrongful death litigation arising out of exposures at the Brooklyn Navy Yard). Special Settlement Master, In re: Asbestos Personal Injury Litigation (asbestos personal injury/wrongful death litigation pending in the Maryland State courts). Special Settlement Master, In re: Joint Eastern and Southern District Asbestos Litigation (federal asbestos personal injury/wrongful death litigation arising out of exposures at various New York utilities). Special Settlement Master/Referee, In re: DES Cases (federal and state personal injury/wrongful death DES litigation). Trustee, In re: A.H. Robins Co. (Dalkon Shield Claimants’ Trust). Mediator, FRT Plywood Mediation (fire retardant plywood litigation involving allegations of defective roofs in approximately 250,000 homes). Mediator in hundreds of matters involving allegations of antitrust violations, breach of contract, civil RICO violations, civil fraud and product liability; mediator in various commercial and insurance coverage disputes. Member, National Panel, Center for Public Resources (one of 64 individuals selected nationally by the CPR to mediate and/or engage in other forms of alternative dispute resolution). Arbitrator, American Arbitration Association. Arbitrator, Marine Spill Response Corporation. Former Vice-Chair, Committee on Alternative Dispute Resolution, American Bar Association.

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LAW Founder, The Law Offices of Kenneth R. Feinberg, PC, Washington, D.C. (2016 – present) Managing Partner, Feinberg Rozen, LLP (2009 – 2016). Founder, The Feinberg Group, LLP, Washington, D.C. (1993-2009). Partner, Kaye, Scholer, Fierman, Hays & Handler, Washington, D.C. (1980-1993). Steven and Maureen Klinsky Lecturer on Law, Harvard University Law School, Cambridge, Mass. (2015-present) Adjunt Professor of Law, Harvard University Law School, Cambridge, Mass. (2008-2015) Adjunct Professor of Law, Georgetown University Law Center, Washington, D.C. (1979-Present). Adjunct Professor of Law, University of Pennsylvania Law School, Philadelphia, PA (1998-2005). Adjunct Professor of Law, New York University School of Law, New York, NY (2000-Present). Adjunct Professor of Law, Columbia University Law School (2002-2006). Adjunct Professor of Law, University of Virginia Law School, Charlottesville, VA (Current Semester 2000). Adjunct Professor of Law, The Graduate School of Political Management, New York, New York. (1988-1990). Visiting Lecturer, University of California, Los Angeles, Los Angeles, California (2007). Visiting Lecturer, Vanderbilt University, Nashville, Tennessee (2008). Visiting Lecturer, Duke University, Durham, North Carolina (2008). Visiting Lecturer, New York Law School, New York, New York (2008). Administrative Assistant, Senator Edward M. Kennedy, Washington, D.C. (1978-1980). Special Counsel, United States Senate Committee on the Judiciary, Washington, D.C. (1977-1978). General Counsel, Subcommittee on Administrative Practice and Procedure, United States Senate Committee on the Judiciary, Washington, D.C. (1975-1977). Assistant United States Attorney, Southern District of New York (1972-1975). COMMISSIONS General Counsel, James Madison Memorial Fellowship Foundation. (Public Law No. 99-591 (1986) and, as amended, Public Law No. 101-208 (1989). Member, Presidential Advisory Committee on Human Radiation Experiments (1994-1998). Member, Presidential Commission on Catastrophic Nuclear Accidents. (1989-1990).

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Member, Carnegie Commission Task Force on Science and Technology in Judicial and Regulatory Decisionmaking. (1989-Present). Member, American Bar Association Special Committee on Mass Torts. (1988-1989). Special Consultant, United States Sentencing Commission. (1984-1987); Chairman, New York State Committee on Sentencing Reform. (1985-1987). EDUCATION J.D. (Cum Laude), New York University School of Law (1970) (New York University Law Review; Butler Prize for “Unusual distinction in scholarship, character and professional activities;” Newman Prize for Ameritorious achievement in the area of public law.”) B.A. (Cum Laude), University of Massachusetts (1967) (Class commencement address) Law Clerk, Chief Judge Stanley H. Fuld, New York State Court of Appeals. (1970-1972) HONORS AND AWARDS Listed in “The 100 Most Influential Lawyers in America,” The National Law Journal (March 25, 2013). Honorary Doctorate, Curry College, Milton, May 2013. Honorary Doctor of Humane Letters, Salem State University, 2012. Honorary Doctor of Laws, Saint Francis College, May, 2011. Honorary Doctor of Laws, Suffolk University, May, 2010. Designated “Lawyer of the Year” by the National Law Journal (December, 2004). Listed in “Profiles in Power: The 100 Most Influential Lawyers in America” (National Law Journal, May 2, 1988; March 25, 1991; April 4, 1994; June 12, 2000; June 19, 2006). Listed in “The Next Establishment: Twenty-Seven Future Leaders of America’s Major Firms” (The American Lawyer, March, 1986). Listed in “125 Alumni to Watch,” University of Massachusetts (October 15, 1988). Charles A. Fahy Annual Award for Best Adjunct Professor of Law, Georgetown University Law Center (1988-1989). BAR AND PROFESSIONAL AFFILIATIONS New York 1971 District of Columbia 1977 Massachusetts 1980 Southern District of New York 1973 Northern District of New York 1991

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Federal District Court of the District of Columbia 1981 Federal District Court for the District of Massachusetts 1981 United States Court of Appeals for the Second Circuit 1972 Bar Association of the City of New York 1972 Bar Association of the District of Columbia 1977 Massachusetts Bar Association 1980 American Bar Association Ad Hoc Committee on Tort Law Reform (Chairman, Subcommittee on Statutory Compensation Systems). Advisory Board, Center for Research in Crime and Justice of the New York University School of Law (1984) Member of Board of Directors, Lawyers Committee for Human Rights, New York (1990). Member of Board of Directors, National Organization for Victim Assistance, Washington, D.C. (1991) Chairman of the Board of the RAND Institute for Civil Justice, Washington, D.C. (2009) President of the Washington National Opera, Washington, D.C. (2007 – 2011) Member, Board of Overseers, RAND Institute for Civil Justice, Washington, D.C. (2010- present) Vice-Chairman of Human Rights First, New York, NY. (2007 - Present) Member of the Board of Trustees, The Bazelon Center for Mental Health Law, Washington, D.C. (1996 - Present) Founding Chairman, RAND Center for Catastrophic Risk Management and Compensation (2012 – present) PUBLICATIONS

1. Books Who Gets What? Fair Compensation After Tragedy and Financial Upheaval (Public Affairs Press, 2012). What is Life Worth? The Unprecedented Effort to Compensate the Victims of 9/11 (Public Affairs Press, 2005). 2. Law Review Articles “Unconventional Responses to Unique Catastrophes: Tailoring the Law to Meet the Challenges,” The Thomas M. Cooley Law School, Law Review, Vol. 30, No. 3 (Hilary Term 2013) “BP Exploration & Production Inc., et al.” Supreme Court of the United States, On Petition for a Writ of Certiorari to the United States Court of Appeals, for the Fifth Circuit, No. 14-123 (2014) “Unconventional Responses to Unique Catastrophes: Tailoring the Law to Meet the Challenges,” Chapman Law Review, Chapman Dialogue Series, Vol. 17, No. 2 (Spring 2014)

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“Is the Class Half-Empty or Half-Full?,” Loyola University Chicago Law Journal, Vol. 44, No. 2 (Winter 2012) “Democratization of Mass Litigation: Empowering the Beneficiaries,” “The Democratization of Mass Litigation?” Columbia Journal of Law and Social Problems, Symposium, Vol. 45, No. 4, 481-498 (Summer 2012) “Unconventional Responses to Unique Catastrophes,” Akron L. Rev. Vol. 45, No. 3, 575-582 (2012) “The September 11th Victim Compensation Fund of 2001: Policy and Precedent,” New York Law School L. Rev. Vol. 56, 1115 (2011/12) “Symposium on Executive Compensation,” Keynote Address, 64, No.2 Vanderbilt L. Rev. 349 (2011) “Reexamining the Arguments in Owen M. Fiss, Against Settlement,” 78 Fordham L. Rev. 3 (2009) “Keynote Presentation: The Sixth John A. Speziale Alternative Dispute Resolution Symposium,” 27 No. 3 Quinnipiac University School of Law L. Rev. 779 (2009) “Compensating Victims of Disaster: The United States Experience,” 79 Papers on Parliament No. 49, Constitutional Politics and Other Lectures in the Senate Occasional Lecture Series (2008) “Tributes to Justice Stephen G. Breyer,” 64 N.Y.U. Annual Survey of American Law 1 (2008).

“How Can ADR Alleviate Long-Standing Social Problems? 34 Fordham Urban L.J., 785 (2007). “Response to Robert L. Rabin,” 106 Columbia L. Rev. 2 (2006). “A Special Issue Dedicated to Judge Jack B. Weinstein,” 97 Columbia L. Rev. 7 (1997). “Response to Deborah Hensler, A Glass Half Full. A Glass Half Empty: The Use of Alternative Dispute Resolution in Mass Personal Injury Litigation,” 73 Tex. L. Rev. 1647 (1995). “Civil Litigation in the Twenty-First Century: A Panel Discussion,” 59 Brooklyn L. Rev. 3 (1994). “Federal Criminal Sentencing Reform: Congress and the United States Sentencing Commission,” 28 Wake Forest L. Rev. 291 (1993). “Using Mediation to Resolve Construction Disputes,” in Cushman, Hedemann and Tucker, Alternative Dispute Resolution in the Construction Industry, ' 7.20 et seq. (John Wiley & Sons 1991). “The Federal Law of Bribery and Extortion: Expanding Liability,” in Obermaier and Morvillo, White Collar Crime: Business and Regulatory Offenses, ' 3.01 et seq. (Law Journal Seminars - Press 1990). “The Dalkon Shield Claimants Trust,” 53 Law and Contemporary Problems 79 (1990).

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“The Federal Sentencing Guidelines: A Dialogue,” 26 Crim. L. Bull. 5 (1990) (co-authored with Judge Stephen G. Breyer). “Mediation -- A Preferred Method of Dispute Resolution,” 16 Pepperdine L. Rev. 5 (1989). “The Toxic Tort Litigation Crisis: Conceptual Problems and Proposed Solutions,” 24 Houston L. Rev. 155 (1987). “The Separation of Powers Issue in the Independent Counsel Debate,” 25 Amer. Crim. L. Rev. 171 (1987). “The Role of the Courts in Risk Management,” 16 Environmental L. Reptr. (1986). “Attorneys’ Fees in the Agent Orange Litigation: Modifying the Lodestar Analysis for Mass Tort Cases,” 14 N.Y.U. Rev, of Law & Social Change 613 (1986) (co-authored with John S. Gomperts). “The Comprehensive Crime Control Act of 1984 -- The Insanity Defense, Commitment Procedures, Victim Assistance, and Witness Protection,” 5 Legal Notes & Viewpoints 34 (August, 1985). “Introduction: Symposium on the Crime Control Act of 1984,” 22 Amer. Crim. L. Rev. xi (1985). “Selective Incapacitation and the Effort to Improve the Fairness of Existing Sentencing Practices,” 12 N.Y.U. Rev, of Law & Social Change 53 (1984). “Legislative Options: Recent Developments in Tort Law Reform,” 39 Bus. Lawyer 209, 216 (1983). “Foreword to the White-Collar Crime Symposium,” 21 Amer. Crim. L. Rev. vii (1983). “Sentencing Reform and the Proposed Federal Criminal Code,” 5 Hamline L. Rev. 217 (1982). “Extraterritorial Jurisdiction and the Proposed Federal Criminal Code,” 72 J. of Crim. Law and Criminology 385 (1981). “Economic Coercion and Economic Sanctions: Extraterritorial Enforcement of the Federal Antitrust Laws,” 30 Amer. Univ. L. Rev. 323 (1981). “Toward a New Approach to Proving Culpability: Mens Rea and the Proposed Federal Criminal Code,” 18 Amer. Crim. L. Rev. 123 (Summer 1980). 3. Essays “The Myth of Moral Justice In-Print Symposium: A Brief Response,” 4 Cardozo Public Law, Policy, and Ethics Journal 1 (2006). “The September 11th Victim Compensation Fund,” 32 ABA Litigation 2 (Winter 2006). “The Federal Guidelines and the Underlying Purposes of Sentencing,” Federal Sentencing Reporter at 326-327 (May/June 1991).

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“Do Mass Torts Belong in the Courtroom?”, 74 Judicature 237 (February, 1991). “In the Shadow of Fernald: Who Should Pay the Victims?”, 8 The Brookings Rev. 41 (1990). “Settling a Mass Tort with a Claimants Trust,” 9 Product Liability Law and Strategy 1 (October, 1990). “How to Use Bankruptcy to Settle Mass Torts,” 9 Product Liability Law and Strategy 8 (November, 1990). “Drug Enforcement: Criminal Division,” in America’s Transition Blueprints for the 1990s 440 (M. Green & M. Pinsky, eds.) (1989). Editor, Violent Crime in America (National Policy Exchange, 1983). “Why NIJ should be Kept Within the Justice Department,” 62 Judicature 306 (1979). 4. Newspaper Articles & Periodicals “The Power 100: The 100 Most Powerful People in Finance,” Worth: The Evolution of Financial Intelligence, p. 76 (Vol. 19, Edition 05; 2010). “9/11 Fund: Once was Enough,” The Washington Post, op-ed, p. A17 (September 11, 2008). “Radiation and Responsibility,” The Washington Post, p. A23 (October 9, 1995). “Truth and Fairness in Sentencing,” N.Y. Times A31 (April 24, 1987). “Whatever Gramm-Rudman is, it is not Material for the Courts,” 99 Los Angeles Daily J. 4 (1986). “Gramm-Rudman is Not Court Material,” N.Y. Times p. A31 (March 11, 1986). “Comprehensive Crime Control Act of 1984 - New Approaches to Federal Criminal Law,” (Part 1) N.Y. Law Journal 1 (1985). “The New Federal Reforms for Sentencing Criminals,” (Part 2) N.Y. Law Journal 1 (1985). “Crime Control Act of 1984 - Changes in Substantive Law,” (Part 3) N.Y. Law Journal 1 (1985). “Crime Control Act of 1984 - Changes in Criminal Procedure,” (Part 4) N.Y. Law Journal 3 (1985). “Crime Control Act of 1984 - Insanity Defense, Commitment, Aid to Victims, Witness Protection,” (Part 5) N.Y. Law Journal 1 (1985). “Get Tough on Criminals: Forget the Death Penalty,” The Washington Post (Outlook) p.1 (May 20, 1984). “Conrail’s Future,” N.Y. Times p. 19 (March 2, 1981). “Biggest Proposed Changes Affect Sentencing and White-Collar Crime,” National Law Journal 22 (1980).

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“Proposed Code: Order, Consistency Replace Loopholes, Archaic Laws,” National Law Journal 48 (1980). “The Federal Criminal Code: Reform Effort Long Overdue: Analysis of Pending Legislation in Congress,” (Part 1) N.Y. Law Journal 1 (1980). “The Federal Criminal Code: Culpability and Jurisdiction: Analysis of Pending Legislation in Congress,” (Part 2) N.Y. Law Journal 1 (1980). “The Proposed Federal Criminal Code,” (Part 3) N.Y. Law Journal 3 (1980). “The Proposed Federal Criminal Code: An Analysis,” N.Y. Law Journal 3 (1980).

5. Official Documents K. Feinberg, et al., Final Report of The Special Master for the September 11th Victim Compensation Fund of 2001 (Vols. I & II) (www.usdoj.gov/final_report.pdf) “Criminal Code Reform Act of 1979,” Report of the Committee on the Judiciary United States Senate to Accompany S. 1722, Rpt. No. 96-553, 96th Cong. 2d Sess. (1980) . (A primary author of treatise of some 1500 pages analyzing all current federal criminal laws and proposals for modification and change.) “Testimony of Kenneth R. Feinberg, Esq., Special Settlement Master in the Agent Orange Product Liability Litigation Before the Senate Subcommittee on Nuclear Regulation Committee on Environment and Public Works United States Senate,” Reauthorization of the Price-Anderson Act, 99th Cong., 1st Sess. at pp. 151 et seq. (1986). “Testimony of Kenneth R. Feinberg, Former Chairman of the New York State Committee on Sentencing Guidelines before the House Subcommittee on Criminal Justice,” Sentencing Guidelines Hearings Before the Subcommittee on Criminal Justice of the Committee on the Judiciary House of Representatives, 100th Cong. (1987). “Testimony of Kenneth R. Feinberg, Court-Appointed Special Master, Agent Orange Litigation, before the Senate Veterans Affairs Committee,” Oversight of the Operations of the Bureau of Veterans Affairs, Sen. Hearing 100-996, 100th Cong., 2d Sess. at pp. 33-39; 166-172 (1988). “Testimony of Kenneth R. Feinberg, Former Special Master of the Federal September 11th Victim Compensation Fund of 2001, before the House Subcommittee on the Constitution, Civil Liberties and the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law,” H.R. 847, the “James Zadroga 9/11 Health and Compensation Act of 2009, U.S. House of Representatives, Committee on the Judiciary, Congressional Hearing, 111th Cong., pp. 1-80, (2009). “Testimony of Kenneth R. Feinberg, Former Special Master for TARP Executive Compensation,” Congressional Oversight Panel, Congressional Hearing, 111th Cong., (2010). “Testimony of Kenneth R. Feinberg Administrator, Gulf Coast Claims Facility before the United States Senate Ad Hoc Subcommittee on Disaster Recovery,” Gulf Coast Recovery – An Examination of Claims Administration and Social Services in the Aftermath of the Deepwater Horizon Oil Spill, Sen. Hearing, 112th Cong., (2011). 7.5.17

Barbara S. Jones

Barbara S. Jones, former judge in the U.S. District Court for the Southern District of New York, focuses her practice on corporate monitorships, compliance issues, internal investigations and arbitrations and mediations.

During her 16-year term in the U.S. District Court for the Southern District of New York, Judge Jones presided over a diverse range of cases, including accounting and securities fraud, antitrust, fraud and corruption involving city contracts and federal loan programs, labor racketeering and terrorism. In May 2010, Judge Jones was appointed by

the Chief Justice of the United States to serve on the seven-member Judicial Panel on Multidistrict Litigation; she served on the panel until October 2012.

Prior to her U.S. District Judge nomination in 1995 by President Bill Clinton, she served as Chief Assistant to Robert M. Morgenthau, then-District Attorney of New York County. Previously, she was an Assistant U.S. Attorney in the Southern District of New York, where she served as the chief of the Organized Crime Strike Force Unit. Judge Jones has served as an adjunct assistant professor at Fordham Law School and New York University School of Law. Judge Jones also chaired the Response Systems to Adult Sexual Assault Crimes Panel, created by Congress in the National Defense Authorization Act for 2013, aimed at assessing the investigation, prosecution, and adjudication of sexual assaults in the military. The panel issued a report to Congress in June 2014 with 132 recommendations to the Department of Defense.

Recent Notable Matters Federal Communication Commission — appointed as independent compliance officer to review and evaluate Charter Communication’s compliance with the conditions the FCC placed on it in connection with the acquisition of Time Warner Cable, Inc. and Bright House Networks Signet Jewelers — engaged by the Board of Signet, the world’s largest retailer of diamond jewelry with more than 3300 stores worldwide, to conduct a review of its compliance policies and practices relating to discrimination, harassment and retaliation and to identify areas for improvement Southern District of New York — Appointed as the Independent Review Officer for the International Brotherhood of Teamsters Union (IBT). In her role as Independent Review Officer, Judge Jones acts as an independent monitor over the IBT, the largest union in the world of 1.5 million members, and exercises disciplinary authority over the IBT relating to internal corruption charges, disciplinary decisions and reviews trusteeships imposed by the IBT over local unions, in addition to other investigative responsibilities.

New York Police Department — appointed by the New York City Police Commissioner to be part of a panel that is conducting a full-scale review of the New York City Police Department’s discipline policies University of Michigan — Appointed as the Independent External Reviewer at the University of Michigan and tasked with deciding student disciplinary actions under the University’s Policy and Procedures on Student Sexual and Gender Based Misconduct. In this role, she reviews investigation files including statements and other evidence to determine if the complaint was properly investigated and if the investigator’s findings comport with the evidence. She may alter the discipline if she determines that the sanction is clearly inappropriate of disproportionate. U.S. District Court for the Southern District of New York — appointed as Lead Master in the case of US Bank v. UBS Real Estate Securities, Inc. to oversee the review of thousands of loan files to determine whether there exist breaches by UBS of certain obligations related to the quality of the loans District Council of New York City (the “Carpenters Union”) — Monitorship before the Honorable Richard Berman, United States district judge for the Southern District of New York. In her role representing the monitored entity, Judge Jones worked with the court-appointed monitor and with the assigned Assistant U.S. Attorneys to ensure the conditions set forth in the court’s order were met. New York City Department of Investigation (DOI) and the Metropolitan Transportation Authority (MTA) —Appointment to monitor a mid-sized construction company subject to a Deferred Prosecution Agreement with the New York County District Attorney’s Office involving violations of the MWBE laws. In this role, Judge Jones reviewed the company’s compliance code, conducted compliance training and set up a hotline for internal reporting of corruption. She also reviewed and approved business practices and procedures to ensure the integrity of all contracts, to include review of the books and records to identify any potential payroll fraud and abuses. U.S. Bankruptcy Court for the Southern District of New York — appointment as an examiner to investigate allegations that the court-appointed Patient Care Ombudsman for debtor Daytop Village mischaracterized conditions of the debtor’s operations in his reports and attempted to improperly influence the debtor in connection with fee applications New York City Business Integrity Commission (BIC) — Appointed by the BIC to audit a large waste hauling firm to prevent organized crime involvement and to ensure compliance with the New York State Minority MWBE laws. The monitorship included analysis of thousands of documents and emails, numerous interviews, and forensic accounting reviews of the company. Board of Trustees of the Queens Borough Public Library — conducted an internal investigation into a whistleblower complaint related to the Board of Trustees of the Queens Borough Public Library National Football League (NFL) — selected by the NFL to arbitrate the appeal over the discipline given to Baltimore Ravens running back Ray Rice, who faced accusations of domestic violence City University of New York (CUNY) — conducted investigations into allegations of antisemitism on CUNY campuses for the chancellor of CUNY together with Partner Paul Shechtman

Education Temple University Beasley School of Law, J.D. (1973)

Mount Saint Mary's College, B.A. (1968) cum laude

Bar Admissions New York

Affiliations American Bar Association, Member of Standards Committee for Corporate Monitorships Association of the Bar of the City of New York, Past Chair of the Criminal Justice Council; Past Member of the Executive and Judiciary Committees American College of Trial Lawyers, Fellow William C. Conner Intellectual Property McInerney American Inn of Court, Past President New York County Lawyer, Past President

Noteworthy The Legal 500 United States, Corporate Investigations and White Collar Criminal Defense, 2017 - 2018 Federal Bar Council, Emory Buckner Award for Outstanding Public Service, 2016 Woodward/White, Inc., Best Lawyers, Administrative/Regulatory Law, 2015 - 2019; Criminal Defense: White-Collar, 2019; New York Lawyer of the Year, Administrative/Regulatory Law, 2019 ALM Media Properties, LLC, National Law Journal, Outstanding Women Lawyers, 2015 Thomson Reuters, New York Metro Super Lawyers, 2016 – 2018 Temple University Beasley School of Law, Temple Law Quarterly, Editor

Awards Law360 Honors Bracewell as a 2018 White Collar Practice Group of the Year (January 14, 2019)

Law360

New York Super Lawyers Recognizes 13 Bracewell Attorneys (September 13, 2018) Super Lawyers, Thomson Reuters

8 Bracewell Lawyers Deemed Lawyers of the Year by Best Lawyers in America® (August 15, 2018) Best Lawyers, Woodward White, Inc.

Legal 500 US Recognizes Excellence of Bracewell Lawyers and Practices (June 4, 2018) Legal 500 U.S.

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THEODORE K. CHENG

New York ♦ New Jersey ♦ Pennsylvania ♦ Connecticut

Theodore K. Cheng is a mediator and arbitrator, focusing on commercial, intellectual property (IP), entertainment, technology, and labor/employment disputes. He is a member of Resolute Systems’ Employment and Commercial panels of arbitrators and mediators. Additionally, Mr. Cheng is a member of the Commercial and Large, Complex Case mediation and arbitration rosters of the American Arbitration Association (AAA), the Panel of Distinguished Neutrals of the CPR Institute, a FINRA arbitrator, and an arbitrator and mediator for several federal and state courts. He was also appointed to the Silicon Valley Arbitration & Mediation Center’s List of the World’s Leading Technology Neutrals. Mr. Cheng serves on the Council of the AAA and the Boards of the Justice Marie L. Garibaldi American Inn of Court for ADR, the New Jersey State Bar Association

Dispute Resolute Section, and the Association for Conflict Resolution–Greater New York Chapter. He is the Vice-Chair of the New York State Bar Association (NYSBA) Dispute Resolution Section and co-chairs its Mediation Committee. The National Law Journal named him a 2017 ADR Champion.

As a neutral, Mr. Cheng has conducted nearly 500 arbitrations, mediations, settlement discussions, and inquests involving commercial and business disputes, breach of contract and negligence actions, trade secret theft, employment discrimination claims, wage-and-hour disputes, and IP infringement contentions.

Representative matters as a MEDIATOR include:

Wrongful discharge claims brought under an internal dispute resolution process maintained by a company in the food and hospitality industry

Claim for unlawful termination based upon disability discrimination and retaliation brought by an executive in a financial services organization

Claim for failure to reimburse advanced sales commissions pursuant to an employment contract FLSA claims for failure to pay minimum wage and overtime brought by a supermarket employee Claim for breach of a restrictive covenant in an employment agreement and counterclaim for

tortious interference with economic advantage Patent infringement claims arising from the manufacture and sale of a competing furniture

product Claims for trademark infringement and unfair business practices arising from the breach of a

settlement agreement between two pharmaceutical companies relating to their competing skin cream products

Breach of distributorship agreement for hair care products and accompanying claims of trademark infringement

Trademark infringement claims brought by a Chinese restaurant against a competing restaurant opened by a departing chef

Dispute between members of a limited liability company regarding continued funding for the entity and ownership of intellectual property

Fair Debt Collection Practices Act claim relating to a foreclosure proceeding Miller Act claim brought by a subcontractor for failure by the contractor to pay for dredging work

performed in the intercoastal waterways in New York Harbor

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Representative matters as an ARBITRATOR include:

Sole arbitrator on a $10 million dispute over alleged unpaid licensing fees brought by vendor of software trading platform against a broker-dealer

Sole arbitrator on a $1.4 million dollar dispute brought by a record company executive for breach of an employment agreement, racial discrimination, and other related claims

Sole arbitrator on a dispute alleging FLSA claims for failure to pay minimum wages and for compensable time brought by individual truck drivers

Sole arbitrator on a dispute over the breach of a settlement agreement and trademark infringement and dilution claims pertaining to a collaborative venture to produce and promote a film in the health care industry

Sole arbitrator on a $400,000 dispute alleging breach of e-commerce services agreements Sole arbitrator on a dispute over the sale of a limited liability company interest in a restaurant Sole arbitrator on a dispute over the breach of an advertising insertion order Wing arbitrator on a multi-million dollar patent license dispute pertaining to the manufacture and

sale of in-vehicle entertainment systems for cars Wing arbitrator on a $14 million dispute alleging breach of a consulting agreement relating to a

licensing arrangement in the jewelry industry Wing arbitrator on a $8.5 million dispute alleging breach of confidentiality and theft of trade

secrets arising from a distributorship arrangement and joint venture and sales relationship

Representative matters as an ADVOCATE include:

Commenced a multi-million dollar FINRA arbitration on behalf of a broker-dealer against another broker-dealer over co-brokered initial public offerings

Represented a Chinese manufacturer of machine parts and tools in a multi-million dollar ICDR arbitration over breach of contract, warranty, product liability, and other tort claims

Provided research and analysis support to an ICC arbitrator in a $130 million dispute over breach of a commercial contract

Represented parties in numerous mediations before magistrate judges, special referees, and private neutrals in connection with commercial/business, intellectual property, and technology litigation matters

For over 20 years, Mr. Cheng was an IP and general commercial litigator with a focus on trademarks, copyrights, patents, and trade secrets, as well as entertainment, labor and employment, corporate investigations, securities, and bankruptcy. He has handled a broad array of business disputes in federal and state courts in industries as varied as high-tech, telecommunications, entertainment (music and motion pictures), consumer products, food and hospitality, retail, and financial services. Mr. Cheng serves as a Trustee of the Copyright Society of the U.S.A. and formerly co-chaired its New York Chapter. In 2007, he was named one of the Best Lawyers Under 40 by the National Asian Pacific American Bar Association.

Representative LITIGATED matters include:

Tried fraud and breach of contract claims on behalf of an exploited investor, resulting in a $2.4 million compensatory and punitive damages jury verdict

Tried patent damages claim on behalf of a pharmaceutical company over an infringing animal vaccine, resulting in a favorable jury verdict

Litigated copyright infringement actions brought by classes of songwriters and music publishers against unlicensed Internet file-sharing companies Grokster, Napster, Aimster, and Audiogalaxy, including proceedings in the federal circuit courts and the U.S. Supreme Court

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Briefed and argued a successful appeal before the Guam Supreme Court of a commercial lease dispute involving a worldwide restaurant franchisee

Defended a test preparation company in resolving a copyright infringement suit brought by a trade association

Defended a cell phone manufacturer in resolving a lawsuit alleging infringement of a copyrighted ringtone

Defended and successfully resolved accusations of selling counterfeit goods over the Internet against an on-line retailer

Successfully defended a software company against allegations of trademark infringement, dilution, and unfair competition brought by a purported senior mark owner

Represented a manufacturer of a high-end household appliance in a lawsuit against competitor’s false television infomercial

Represented the patentee in industry-wide infringement lawsuits relating to pioneering methods for locating available real estate properties on a computer

Represented a telecommunications company in a litigation campaign to enforce a patent relating to data compression algorithms

Represented a defendant in a suit alleging claims for patent infringement, trademark infringement, copyright infringement, and theft of trade secrets over the design, development, and sale of a mass-marketed medical device

Representative NON-LITIGATED matters include:

Apply for and secure trademark registrations on numerous well recognized brands for clients in a variety of industries, such as fashion, jewelry, physical fitness, health care products, automobile parts and accessories, accounting, consulting, legal services, software, and web-based businesses

Conducted trademark portfolio due diligence in connection with the acquisition of a pharmaceutical company

Advice regarding the transfer of patent and trademark assets in connection with the negotiation of a sales and distribution agreement regarding textile and garment products

Conducted pre-publication review of a book for potential violations of non-disclosure agreements Drafted and negotiated a non-exclusive licensing agreement of patent rights owned by a major

U.S. technology university (pertaining to ligands for metals and metal-catalyzed processes) to a Japanese commercial manufacturer to develop and sell licensed products and processes

Drafted and negotiated a joint research and development agreement between German and U.S. manufacturers of scientific instruments

Drafted and negotiated a sponsored research agreement between a German manufacturer of scientific instruments and a major North American university pertaining to certain licensed patented technology

Drafted and negotiated a research and testing agreement between a U.S. technology university and a Japanese importer and distributor of specialty chemicals products manufactured by itself and its affiliated companies in Japan

Mr. Cheng was previously a marketing consultant at MetLife Insurance Company, with experience in life and health insurance, annuities, brokerage sales, structured settlements, and investments. During his tenure, he obtained his Chartered Life Underwriter, Chartered Financial Consultant, and Series 7 General Securities Representative designations. Mr. Cheng also previously served as a law clerk to the Honorable Julio M. Fuentes of the U.S. Court of Appeals for the Third Circuit and the Honorable Ronald L. Buckwalter of the U.S. District Court for the Eastern District of Pennsylvania.

Mr. Cheng is a member of several bar and professional associations, for which he serves on various ADR, litigation, and intellectual property sections and committees. He frequently writes and speaks on ADR and IP issues. Mr. Cheng has a regular column called Resolution Alley in the NYSBA Entertainment, Arts and

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Sports Law Journal, which addresses the use of ADR in those industries. He also writes the quarterly column The ADR Mosaic in the Minority Corporate Counsel Association’s Diversity & the Bar Magazine, which addresses ADR and diversity issues. Additional information is available at www.linkedin.com/in/theocheng.

Selected Publications

“Merits-Based Review of Arbitration Awards: A Potentially Appealing Option,” NYSBA New York Litigator (Fall 2017)

“Resolving Fair Use Disputes Through Mediation and Early Neutral Evaluation,” FBA The Resolver (Fall 2017)

“Maintaining Confidentiality in Arbitration,” NYSBA EASL Journal, Vol. 28, No. 2 (Summer 2017)

“Making an Appearance: Being Present and Engaged at the Mediation Session,” FBA The Resolver (Winter 2017)

“Appellate Mediation: A Dispute Resolution Process Worth Considering,” NYSBA EASL Journal (Fall 2016)

“Words Matter: Being Mindful of Language in Mediation,” The Federal Lawyer (Oct/Nov 2016) “Opening the Door to Racier Marks? In re Tam and its Impact on Trademark Registration and

Business Marketing,” NYSBA Inside (Spring/Summer 2016) “Developments on Judicial Review Under the FAA After Hall Street,” ABA Alternative Dispute

Resolution (Jul 30, 2015) “Using Alternative Dispute Resolution to Address Your Entertainment Disputes,” NYSBA EASL

Journal (Spring 2015) “Discerning the Boundaries of an Arbitrator’s Power to Fashion Appropriate Remedies,” FBA -

The Resolver (Spring 2015) “Already and Kirtsaeng: Lessons for Prospective Intellectual Property Enforcement,” NYSBA

Inside (Winter 2013) “Golan and Mayo: Practical Tips for Intellectual Property Owners and Users,” NYSBA EASL

Journal (Fall/Winter 2012)

Selected Speaking Engagements

Panelist, “Drafting Arbitration Clauses to Ease Preparing for the Hearing,” ABA DRS Webinar (Dec 13, 2017)

Panelist, “Power and Pitfalls: Best Practices to Select the Right ADR Professional,” MCCA Pathways to Diversity Conference (Oct 3, 2017)

Panelist, “When Experts Come From Different Planets,” AAA Webinar (Jun 14, 2017) Panelist, “Pleadings in State Court, Federal Court, and Arbitration,” NYSBA Commercial

Litigation Academy (May 4, 2017) Panelist, “The Arbitration Management Conference: A Blueprint for an Orderly Hearing,”

Lawline Webinar (Feb 21, 2017) Panelist, “How Solo and Small Firms can Leverage Arbitration’s Tools and Flexibility to Manage

Cost and Efficiency,” NAPABA Convention (Nov 3, 2016) Moderator, “Lost in Translation? – Navigating the Cross-Cultural Divide in Mediation,” NYSBA

Dispute Resolution Section Fall Meeting (Oct 28, 2016) Panelist, “Emerging Importance of Cross-Cultural Competency in ADR,” AAA/ICDR Neutral

Conference (Feb 19, 2016) Moderator, “Fresh Perspectives: Insights from In-House/Corporate Counsel on Arbitration and

Mediation,” ACR-GNY 14th Annual Conference (Jun 18, 2015) Panelist, “ADR Choices Have Consequences,” NYSBA Dispute Resolution and Corporate

Counsel Sections Annual Meeting (Jan 29, 2015)

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Panelist, “An Arbitration Overview: Analysis of Best Practices, Tips, and Mistakes to Avoid,” NAPABA Central Regional Conference (Apr 5, 2014)

Panelist, “Effective Techniques in Mediation Advocacy,” JAMS/AABANY (Apr 17, 2013)

Education

J.D., New York University School of Law A.B. cum laude in Chemistry and Physics, Harvard University

Bar and Court Admissions/Professional Licenses

New York, New Jersey, District of Columbia (inactive) Supreme Court of the United States U.S. Courts of Appeals: Second, Third, Sixth, Seventh, Ninth, and Federal Circuits U.S. District Courts: E.D.N.Y., N.D.N.Y., S.D.N.Y., D.N.J., W.D. Mich. Chartered Life Underwriter (CLU) (1993-present) Chartered Financial Consultant (ChFC) (1994-present) Series 7 General Securities Representative (1993-1994)

Professional Affiliations and Memberships

American Arbitration Association (Council Member, 2016-present; Board Member, 2015-2016) American Bar Association (Dispute Resolution Section) American Intellectual Property Law Association Asian American Bar Association of New York (Recording Secretary and Director, 2004-2007;

Chair, ADR Subcommittee (2014-present); Co-Chair, Judiciary Committee (2011-2014); Chair, Federal Judiciary Subcommittee (2009-2011); Co-Chair, Litigation Committee (2001-2004))

Asian Pacific American Lawyers Association of New Jersey (Director, 2016-2017; President, 2015-2016; President-Elect, 2014-2015)

Association for Conflict Resolution Greater New York Chapter (Director, 2016-2019) The Copyright Society of the U.S.A. (Trustee and Executive Committee Member, 2016-2019;

Co-Chair, New York Chapter, 2015-2017) Federal Bar Association (Alternative Dispute Resolution Section) Federal Bar Council (Second Circuit Courts Committee, Secretary, 2010-2013) Justice Marie L. Garibaldi American Inn of Court for ADR (Secretary/Treasurer, 2017-2019;

Board Member, 2016-2017) National Asian Pacific American Bar Association New Jersey Association of Professional Mediators New Jersey State Bar Association (Dispute Resolution Section, Director, 2016-2019) New Jersey Supreme Court Arbitration Advisory Committee (2014-2017) New Jersey Supreme Court Committee on Complementary Dispute Resolution (2014-2017) New York City Bar Association (Federal Courts Committee, 2013-2016; Copyright & Literary

Property Committee, 2010-2013) New York Intellectual Property Law Association (2007-2016) New York State Bar Association (Dispute Resolution Section, Vice-Chair, 2017-2018; Co-Chair,

Mediation Committee, 2016-2017) Silicon Valley Arbitration & Mediation Center S.D.N.Y. Mediator Advisory Committee (2013-2015)

To schedule a mediation or arbitration with Mr. Cheng, please call Michael Weinzierl at (800) 776-6060 ext. 125 or mweinzierl@resolutesystems.com by e-mail.

Hon. Richard M. Berman United States District Judge (Senior Judge) Southern District of New York Chambers address: Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, NY 10007 Phone: (212) 805-6715

Judge Richard M. Berman has been a United States District Judge for the Southern District of New York since November 1998 and a Senior Judge since September 2011. He received a B.S. degree from Cornell University in 1964, a J.D. degree in 1967 from N.Y.U. School of Law, and an M.S.W. in May of 1996 from the Fordham University Graduate School of Social Service. He also received a Diploma of Comparative Law in 1968 and a Diploma of International Law in 1970 from the University of Stockholm Faculty of Law.

Judge Berman was an associate at Davis Polk & Wardwell from 1970 to 1974. He served as Executive Assistant to United States Senator Jacob K. Javits from 1974 to 1978. In 1978, he became General Counsel to Warner Cable Corporation (and also to MTV Networks Inc. in 1984). In 1986, he became a member of LeBoeuf, Lamb, Greene & MacRae and served as managing partner of LeBoeuf Lamb's Los Angeles office from 1989 to 1991. From May 1995 until his appointment as a Federal District Judge, he served as a New York State Family Court Judge for Queens County.

Judge Berman has lectured on the "Rule of Law" in Istanbul, Turkey (2014) and Tirana, Albania (2013). He organized and moderated a panel discussion entitled “Arbitration in 2017: Where is it Headed” at the Southern District Ceremonial Courtroom on March 7, 2017. Judge Berman participates as a moderator at the “Trial by Jury” conference held annually under the auspices of the Practicing Law Institute. He also participated in the discussion “Controlling the High Cost of Justice: Perspectives from the Federal Judiciary” at the Benjamin N. Cardozo School of Law on April 3, 2017. He is the author of "Special Immigrant Juvenile Status"; "A Team Model to Identify Child Abuse"; "Seven Steps to Protect Children"; and "Community Service for Juvenile Offenders" published in the New York Law Journal. He is a member (and past Chairman) of the New York State-Federal Council and the New York County Lawyers Association Justice Center Advisory Board. He is Chairman of the Southern District’s Senior Judges Committee and is past Chairman of the Southern District's Media Relations and Magistrate Judges Committees. He has served as an Adjunct Professor at New York Law School, as a member of the New York State Permanent Judicial Commission on Justice for Children, and as a member of the New York City Mayor's Child Welfare Action Group. Courtroom Deputy: Christine Murray Judicial Assistant: Chelsea Tabolt

Esta R. Bigler, Esq., is Director of Cornell University ILR’s Criminal Justice and Employment Initiative, the Labor and Employment Law Program, and the Cornell Project for Records Assistance. Ms. Bigler uses her extensive background in labor and employment law to convene conferences and forums studying the relationship between social science research and law to address labor and employment law and workplace issues with the

goal of influencing legislation and public policy decisions. A major focus of her work is the use of criminal records as a screening device for employment, the impact of employment on reducing recidivism, employer attitudes toward hiring people with criminal records, and the collateral consequences of incarceration.

Since beginning to work in the area of reducing barriers to employment of people with criminal records in 2008, Ms. Bigler’s Labor and Employment Law Program has been in the forefront of bringing together diverse constituencies to discuss, analyze, and propose best practices on the issue of employment of people who have been involved in the criminal justice system, the mitigation of criminal records, and collateral consequences such as licensing bans.

Ms. Bigler was the 2006 Recipient of the Alice H. Cook and Constance F. Cook Award for commitment to women’s issues and for improving the climate for women at Cornell. She is the current Chair of the New York State Apprenticeship Council and was appointed to the Advisory Committee to Governor Cuomo’s Task Force investigating worker exploitation.

Ms. Bigler earned her J.D. from Georgetown University Law Center and B.S. from Cornell ILR.