*/**/** ******** & Redacted Generic CV w A & B

MATTHEW J. FORSTADT ABRIDGED GENERIC CURRICULUM VITAE 3204 Cambridge Hollows Court

Las Vegas, NV 89135

ac0h1j@r.postjobfree.com - 702-***-****

702-***-****

Authorized to work in the US for any employer

OVERVIEW OF QUALIFICATIONS:

S ummary of Qualifications: I have many years of first chair “hands on” experience in both complex construction matters and sophisticated business litigation. In most instances It was essentially my responsibility to handle a file from “soup to nuts”, i.e. to manage the file and the litigation team to bring the case to a “trial ready” status; to actually try the case; and to then handle any post trial proceedings including appeals. I was also generally the point person for negotiation of alternative trial procedures and settlement negotiations and proceedings. Most of the cases which I handled were commercial in nature which definitionally included some complex construction cases. I have for what I hope will be useful guidance for you prepared as Exhibit A a Listing of Representative Cases handled by me as primary counsel along with a “bullet” summary of those listed cases in order to enable the reader to have a greater appreciation as to what is actually behind the name of the cases in terms of subject matter, complexity and significance. Exhibit A is available upon request or preferably to bring to an interview where it can be discussed in greater depth. In terms of my appellate experience which is addressed later in this CV, I have assembled and attached hereto as Exhibit B a listing of forty (40) cases for which I was primarily responsible and which were selected and published by the West Publishing Company for inclusion in its Official Reports. E xhibit B is also available upon request or preferably to bring to an interview where it can be discussed in greater depth. Trial Court Experience: I am an experienced commercial trial attorney accustomed to practicing in an environment where the mindset has to be that the practice of law within a firm is a team commitment. A s the primary trial counsel I have handled legal matters from the Atlantic to the Pacific and many jurisdictions in between and even beyond our shores. The cases which I have handled run the gamut from ( i.) Construction Defect and Claims Litigation such as representation of owners and/or developers and/or builders in connection with a +181 MGW oil fired cogeneration power plant producing electricity for sale into the grid and also producing steam for exporting to an off site location for commercial sale; 1 (ii.) Lender’s Liability Litigation; (iii) Acting on occasion as counsel for the debtor/guarantor and on other occasions as counsel for the financial institution in efforts to effectuate creative workouts of problem and nonperforming loans including the creative restructuring of debt instruments and collateral packages; ( iv.) work as counsel in connection with obligations held by failed financial institutions and governmental receivers and trustees (e.g. the FDIC); (v) Corporate merger and 1 T he projected dual turbine plant was projected to be able to generate enough electricity for 100,000 homes plus 100,000 lb./hour of live steam. The projected capital investment was $275,000,000.

5/13/17 Abridged & Redacted Generic CV w A & B acquisition litigation; (vi.) Inverse real estate condemnation; (vii.) Real estate related civil rights actions; (viii.) both prosecution and defense of claims involving Breach of Contract; (ix.) Stockholder and Corporate Governance Litigation; (x.) Personal Injury Litigation; (xi.) Medical malpractice actions; (xii.) Administrative Law including permitting and privilege licensing; and negligent accidents.

Appellate Court Experience--Multiple Jurisdiction (State and Federal): In addition to the actual trial of many matters I have also acted as the lead appellate counsel in numerous plenary appeals and in e n banc appeals in b oth the Supreme Courts of Connecticut and Nevada and also the 2nd Circuit Court of Appeals. The handling of these appeals would generally include the handling of post judgment motions, spotting of issues, preparation of Assignment of Errors, legal research, preparation for and writing/filing of all required Briefs and presentation to the panel or the E n Banc court of oral argument. WORK EXPERIENCE:

Partner/Owner Law Offices of Matthew Forstadt - Las Vegas, NV - January 2014 to Present---The Law Firm is a Boutique with a strong Commercial Litigation Practice. Partner Kolesar & Leatham --- Las Vegas, NV - September 2006 to January 2014. Litigation partner at 75 year old commercial law firm which was the largest single office "home grown" law firm in the State of Nevada. OVERVIEW:

Not intending to improperly engage in braggadocio but I am absolutely confident that I can do this job. If you are looking for the “largest bang for the buck” you need not look any further. I believe that a comparison between my CV and that of the prototypical responder to the job posting will show that I have much more hands on "First Chair" experience in trying both court cases, jury cases, appeals and handling arbitral matters than that of other candidates for the Position.

While everything in this Abridged CV is truthful and accurate, the CV’s only real function is to point out milestones accomplished during my career. The CV will not provide any significant focus on “what makes me tick” and how it is to work with me. In terms of essential core facts, I can compress the CV into a few simple declarative paragraphs:

"I am a heavily credentialed very experienced civil litigator who has handled an eclectic assortment of mostly commercial cases from the Atlantic to the Pacific many jurisdictions between the two and even across the

“Pond”. I have also handled forty (40) West Publishing Company Official Reported cases.”

TRIAL COURT AND APPELLATE COURT EXPERIENCE: I h ave many years of first chair

“hands on” experience in an eclectic hodgepodge of sophisticated business litigation, complex construction matters, stockholder control/corporate governance matters and many “one off” matters which seemed to continue to repeat themselves. In most instances it was essentially my responsibility to handle a file from “soup to nuts”, i.e. to manage the file and the litigation

5/13/17 Abridged & Redacted Generic CV w A & B team to bring the case to a “trial ready” status; to actually try the case; and to then handle any post trial proceedings including appeals. I was also generally the point person for client interface, negotiation of alternative trial procedures and settlement negotiations. I have been fortunate in that, as the primary trial counsel, I have handled legal matters from the Atlantic to the Pacific and many jurisdictions in between and even beyond our shores. Most of the cases which I handled were commercial in nature which definitionally also included various civil litigation matters.

A Listing of Representative Cases which I have handled is attached as Exhibit A. along with a “bullet” synopsis of each case .

A Listing of Forty (40) Reported Cases handled by me which were selected by West Publishing Company for inclusion in the West Digest of Official Reports is set forth as Exhibit B. Exhibits A. & B. are not presented for purposes of quantification but rather to try and convey a sense of the significance,complexity and eclectic mix of trial and appellate work which I have done.

ACCREDITED RECOGNITION: Long standing Martindale Hubbell AV Preeminent Rating; Vecsey’s Las Vegas, Best Lawyers of the Year (2013); Nevada Public Radio’s 2012 Listing of Top Lawyers for Commercial Litigation. ADMITTED TO PRACTICE AND IN GOOD STANDING: Licensed as a Member of the Bar in Nevada and Connecticut. Admitted to: U.S. Supreme Court; Nevada Supreme Court; Connecticut Appellate & Supreme Court's; Nevada Federal District Court; Connecticut Federal District Court; Eastern District of Wisconsin (Federal); Eastern District of New York (Federal); Federal Circuit Court of Appeals for the 2nd, 4th, 7th and 9th Circuits.

GROUPS: Connecticut Bar Association, Nevada Bar Association, Inns of Court. LECTURES AND PUBLICATIONS: ( A.) Lender’s Liability; The Claims Keep On Coming; (abridged version; (B.) The Nuts & Bolts of Litigation; (C.) There is a New Rule in Town--Pre-Litigation Discovery and Turnover Obligations; (D.) Dynamics and Pitfalls Inherent in a Jury Trial; In a Free Society; (E.) What Are the Reciprocal Obligations Towards One Another of Police Officers and Civil Rights Protesters; and (F.) A Syllabus on Secured Creditor’s Rights.

PROFESSIONAL RECOGNITION BY JUDICIARY, PEERS AND PRESS: (a.) Early on I was a user of high technology computer visualization and my presentations to juries have been favorably reported in publications such as Bloomberg Financial News; (b.) Appointed by Nevada Supreme Court to serve as a mentor in its TIPS (Transitioning Into Practice) Educational Program. (c.) Twice elected to Inns of Court; (d.) appointed by Governor to the President’s Advisory Committee to the U.S. Commission on Civil

5/13/17 Abridged & Redacted Generic CV w A & B Rights; and (e.) Appointed by Ohio State’s Attorney General to defend claims arising out of construction of a partially completed shopping mall. RELATED PROFESSIONAL SERVICES AND ACKNOWLEDGEMENT: Member American Arbitration Association (Former); Service as an American Arbitration Association Arbitrator; Served as a Board Member of the Fairfield County Bar Association; Served as the Chairman of the Bench/Bar Committee of the Fairfield County Bar Association;

Appointed by the Attorney General of Ohio to be special counsel for trial purposes in connection with post construction litigation on a partially completed outdoor shopping mall complex; Started and provided professional pro bono publico services to Hartford Legal Aid Society in Hartford, Connecticut.

SERVICE AS PARAJUDICIAL OFFICER: At the request of State District Court and Federal District Court Judges I acted as a Master in the State Court and Federal Courts, and as a Special Master, Referee and Attorney Trial Referee in the Connecticut Superior Court; [Ed. Note 3-- An Attorney Trial Referee would preside over plenary civil court trials of uncertain duration and with no ceiling on the maximum damages to be awarded; Adjudicate all motions not previously adjudicated prior to the calling of the case; Take evidence while making evidentiary rulings; Exercise general control of all matters in the case. At the conclusion of the evidence, the Attorney Trial Referee would prepare a Report and Recommendation to be submitted to the Presiding Judge.] EDUCATION: BA & JD in law University of North Carolina School of Law -- Chapel Hill, N.C. August 1970.

SKILLS: Overall Analysis, Issue Spotting, Computerized Legal Research, Legal Writing, Trial Preparation and Trial of Commercial Litigation cases including the defense and/or prosecution of appellate work (10+ years);; Microsoft Word Processing Programs

(10+ years) and Windows (10+ years).

M ANAGEMENT EXPERIENCE: While practicing in Connecticut I was a partner in the firm of Schatz & Schatz, Ribicoff & Kotkin which was in the late 80’s a multi-office law firm with over 90 lawyers. For many years I was one of the nine members constituting the Board of Governors which were charged with the responsibility of managing each aspect of the law firm. Subsequently and after having cycled off of the Board, I joined the law firm of Wofsey, Rosey, Kweskin & Kuriansky also in Stamford, Ct. which was a

@30 lawyer firm on which I also served on the governing Board charged with total control of and management of the firm. Since after my first job practicing law, I was always heavily invested in firm management, and cross discipline mentoring. 2 2 Although never formally institutionalized it was a frequent occasion (and one which I privately relished) that I was generally regarded within my law groups and the legal community as a “lawyer’s lawyer” and a

“go to” resource for the “Gourdian” problems.

5/13/17 Abridged & Redacted Generic CV w A & B

5/13/17 Abridged & Redacted Generic CV w A & B THE ROAD TRIP FROM THERE TO HERE AND FROM HERE TO WHERE: Please indulge me for a moment. It has taken me time to get to this point on a journey which is not even close to being over. I am very fortunate in that I am seventy-one years of age and in good health. I would implore you not to overlook this Application on the basis of my age. There is more to do and I want to do it. For a host of reasons which I could and would be happy to discuss with you, I am prepared to accept a position for which I am overqualified and am prepared for the consequences of that decision. This is not my first rodeo and I know that there is at least s ub silentio an age issue. With an issue such as age there is often a conflation of emotions. However, from the standpoint of science and empiric fact. As recently reported by Boston College’s Sloan Center on Aging and Work:

“ W hen it comes to actual job performance o lder employees s oundly t hrash their younger colleagues. E very aspect of job performance gets b etter as we age The juxtaposition between the superior performance of older workers and the discrimination against them in the workplace just really makes no sense.” 3

I ask only for an open and even playing field. I can, would and will establish that I am going to be an asset for the Firm.

3.0

3 F rom a September, 2015 updated report T he Surprising Truth About Older Workers as reported by Boston College’s Sloan Center on Aging and Work. The underlying empiric study was supervised by a management professor at the Wharton School of Business who was also the co-author of the 2010 study Managing the Older Worker.

5/13/17 Abridged & Redacted Generic CV w A & B EXHIBIT A

Representative Cases:

1. Prime Management v. Steinegger I represented defendant/developer/landlord in a suit brought by Fortune 500 Franchisor/Lessee claiming over $100,000,000 arising out of purported breach by landlord of lease and franchise agreement for a commercial mid-rise hotel. The result of the suit was a verdict for my client sustained by the 2nd Circuit Court of Appeals and an award of attorney fees and damages to my client. 2. Stamford Housing Authority My former law firm represented the Stamford, Connecticut Housing Authority. I functioned as an in house resource partner and mentor to provide a variety of services mainly construction related litigation support and landlord tenant matters.

3. Glazer v. Dress Barn Represented Dress Barn, Inc. in corporate takeover litigation where a runaway jury awarded compensatory damages of $30,000,000 and also punitive damages and counsel fees against my client, but on appeal the Supreme Court reversed the judgment of the trial court and, rather than remanding for a new trial, entered a judgment in favor of my client and absolving them of all liability on the

$30,000,000 verdict.

4. 20 Summer Street v. State of Connecticut, Represented owner of commercial building who brought suit to evict the State of Connecticut which was a tenant in the building. It was the first reported instance in Connecticut of a court looking behind the shield of sovereign immunity to evict the state from leasehold premises. 5. Richmar Development v. Town of Greenwich Tried five zoning/land use cases and argued three Connecticut Supreme Court Cases to establish rights to construct and permitting for 260,000 sq.’ of space for former Xerox World Headquarters on Greenwich Avenue in Greenwich, Ct.

6. Cerro/Marmon Defended “strike” suit re taking private a publicly held corporation and then represented Senior Management in inter se Board Room struggle for management control.

7. High Ridge Shopping Center Represented owner of “strip” shopping center in suit to prevent tenant from “going dark” and then negotiated a suit leading to collection of almost $1,000,000 for non-accrued rent to be paid by the parent of a single purpose subsidiary notwithstanding that the parent had refused to guarantee the rent of its subsidiary.

8. Parker v. Northern Telecom Represented terminated Senior Officer of corporation in wrongful termination suit. Recovered what was reported to be at that time the largest back pay jury award in Connecticut Federal District Court history. 9. Greenwich Federal Savings & Loan Association Represented the institution in (i) establishing development subsidiary; (ii) successful management struggle inter se for

5/13/17 Abridged & Redacted Generic CV w A & B control of “parent” corporation; and (iii) acquisition of over 750 apartment units for conversion into the condominium form of ownership. EXHIBIT A (Cntd.)

10. Zoning Development Work Represented miscellaneous developers in Fairfield County Connecticut in contested development of over 1 million square feet of commercial space and also “stick” construction of residential projects. 11. Co-Generation Power Plant Litigation, Represented developers of both coal fired and hydro-electric generation plants in construction litigation including FERC permitting interface and partnership/shareholder control issues.

12. Ap pointed Special Counsel by State of Ohio Attorney General I was engaged to represent the state of Ohio Personnel Employment Retirement Plan in construction litigation involving an almost completed outdoor mall type shopping center. 13. Lavin v. Emery Air Freight, Represented Emery in multi-million dollar defense of lease claim predicated upon construction defects defenses resulting in jury award favoring Emery notwithstanding that it had, seven years into a lease, decided not to pay rent on a triple net lease for a “build to suit” single tenant office space designed and occupied by Emery. 14. Concerned Citizens v. Belle Haven In this nationally reported case; I represented residents of an exclusive waterfront enclave in Greenwich Connecticut who were discriminated against in terms of joining a neighborhood private beach club in Greenwich Connecticut. The case was, after commencement of federal court litigation, resolved in favor of our clients. 15. Kolmorgen v. Vernitron Represented Vernitron in hostile takeover bid for Kolmorgen and defended a “standstill” agreement in a bench trial lasting over three months. 16. Willow Funding v. Grencom Represented debtor in lender liability case resulting, after two trials and multiple appeals, in Connecticut Supreme Court allowing validation of a significant judicial “write down” of the stated indebtedness and credit allowance for my client buying the mortgage paper at a significant reduction from par. 17. Coville v. Liberty Mutual Represented plaintiff in underinsured automobile case where the Connecticut Supreme Court established a new duty of care owed to an incapacitated automobile guest.

18. Wallinger v. South Central Water District I represented the property owner in trial of inverse condemnation case leading to settlement in excess of $1,000,000. 19. Southern Nevada Board of Health v. Clark County Represented Clark County in trial of and presentation to Nevada Supreme Court of issue as to whether Dillon’s Rule is applicable to certain units of local government to preclude their acquisition of property for their own account for expansion of their facility.

5/13/17 Abridged & Redacted Generic CV w A & B E XHIBIT B

Reported Cases as Selected by West Publishing Company 1. Willow Funding Co. v. Grencom Associates, 63 Conn.App. 832, 779 A.2d 174. 2. Coville v. Liberty Mut. Ins. Co., 253 Conn. 919, 755 A.2d 213. 3. Coville v. Liberty Mut. Ins. Co., 57 Conn.App. 275, 748 A.2d 875, Conn. App. 4. Willow Funding Co., L.P. v. Grencom Associates, 246 Conn. 615, 717 A.2d 1211 5. Berkeley Federal Bank and Trust, FSB v. Ogalin, 244 Conn. 933, 711 A.2d 726. 6. McHugh Const., Inc. v. Hammermill Business Corp., 1995 WL 117932. 7. Forstadt v. DeVito, 2003 WL 352918.

9. Rosenfield v. Metals Selling Corp., 229 Conn. 771, 643 A.2d 1253. 10. Hiller v. Gibson, 1991 WL 154178.

11. City of Bridgeport v. Debek, 216 Conn. 824, 582 A.2d 203. 12. Wilcox v. Willard Shopping Center Associates, 23 Conn.App. 129, 579 A.2d 130. 13. City of Bridgeport v. Debek, 22 Conn.App. 517, 578 A.2d 150. 14. Wilcox v. Willard Shopping Center Associates, 208 Conn. 318, 544 A.2d 1207. 15. Purcell v. Slagle, 197 Conn. 816, 500 A.2d 1336, Conn. 16. Purcell v. Slagle, 5 Conn. App. 417, 498 A.2d 144. 17. 20 Summer Street Associates v. State Dept. of Adult, 40 Conn.Supp. 171, 484 A.2d, 947.

18. Murphy v. Murphy, 34 Conn.Supp. 251, 386 A.2d 274. 19. Smith v. Smith, 172 Conn. 673, 364 A.2d 863.

20. Smith v. Smith, 168 Conn. 677, 339 A.2d 477.

21. Smith v. Smith, 338 A.2d 113.

22. Colasono v. Planning and Zoning Comn of Town of Greenwich, 165 Conn. 806, 309 A.2d 691.

23. Astarita v. Liquor Control Commission, 165 Conn. 185, 332 A.2d 106. 24. Richmar Development Corp v. Planning and Zoning Comn., 165 Conn. 788, 304 A.2d 41.

25. Richmar Development Corp v. Planning and Zoning Comn., Conn.,(To be supplied).

26. Olsten Corp v. Zessos, 162 Conn. 642, 284 A.2d 889. 27. State v. Lemieux, 160 Conn. 519, 280 A.2d 874. 28. Lavin v. Emery Air Freight Corp., 141 F.3d 1151. 29. Prime Management Co., Inc. v. Steinegger, 904 F.2d 811. 30. Capital Temporaries, Inc. of Hartford v. Olsten Corp., 506 F.2d 658. 31. CB Richard Ellis Inc. v. O'Hara, 2003 WL 22359256. 32. Valentin v. Murphy, 95 F.Supp.2d 99.

33. In re Middletown Metro Associates, 225 B.R. 281 Bkrtcy.D.Conn.

5/13/17 Abridged & Redacted Generic CV w A & B EXHIBIT B (Contd.)

34. Lavin v. Emery Air Freight Corp., 980 F.Supp. 93. 35. Canberra Industries, Inc. v. Meriden Realty Associates, 1994 WL 17531. 36. MMR/Wallace Power & Indus., Inc. v. Thames Associates, 764 F.Supp. 712. 37. T.N. Dickinson Co. v. LL Corp., 1985 WL 14175. 38. Capital Temporaries, Inc. of Hartford v. Olsten Corp., 365 F.Supp. 888. 39. Southern Nevada Health District v. Clark County, 2010 WL 5276811 40. Southern Nevada Health District v. Clark County, 289 P. 3d. 212

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