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Financial Services Intellectual Property

Location:
New York, NY
Posted:
March 16, 2024

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Resume:

Leslie E. Fourton

Attorney at Law

*** **** **** ******

New York, New York 10021

Cell.: 917-***-****; Fax: 646-***-****

E-mail: ad4dvi@r.postjobfree.com

PROFESSIONAL HIGHLIGHTS

Bar Admissions: States of New York, New Jersey, Connecticut, Colorado, Texas and the District of Columbia; and the Supreme Court of United States; United States Court of Appeals for the Federal Circuit; United States District Court for the District of Columbia; United States District Courts for the Eastern and Southern Districts of New York; United States District Courts for the Northern, Southern, Eastern and Western Districts of Texas & District of Colorado; and the United States Court of Appeals for the Second, Fifth and Tenth Circuits.

Information Technology Review eDiscovery Software Programs Utilized for Document Reviews: Relativity, Recommind, Amici, Applied Discovery, Attenex, CaseCentral, Case Data, CaseLogistlx, CaseMap, Catalyst, Concordance, EDGE, Discovery Partner, DocuMatrix, E-Direct, FYI, IConnect, IPRO, Keps, Kroll Ontrack, LiveNote, OmniX, Opticon, Ringtail, Stratify, Summation and ViewPoint.

Performed numerous significant reviews and cross-border investigations assisting to help identify, preserve, collect, process, review, and produce electronically-stored information in litigations conducting Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Third Level of Quality Control, and Drafting of Privilege Logs as an Associate, Reviewer, and/or Team Manager optimizing eDiscovery matters by orchestrating precision communication between people, processes, technology and data.

PROFESSIONAL EXPERIENCE

WELLS FARGO BANK, July 2022 – August 2023. Staff Attorney-- Regulatory Legal Strategy Team member. Provides advice on various federal and state laws and regulations affecting financial services, including consumer banking, lending and mortgages, credit reporting, counterparty risk, mortgage servicing, data privacy and principles, default servicing, debt collection, asset management, account statements and revolving credit, bankruptcy, and recoveries, insurance, mergers and acquisitions, rights on default, payments, trusts and estates, and securities and regulations. Works to streamline operations and improve processes for delivering legal and operational support. Analyze and present data regarding legal, compliance and regulatory risk assessments.

META PLATFORMS INC., January 2022 – July 2022. Staff Attorney -- Regulatory Legal Strategy Team member. served as Compliance, Product and Privacy Counsel for Payments; advised on the payments space (digital, mobile, technology transactions); create, enforce, and improve policies to help protect the safety and trust of Facebook users. Work closely with product, engineering, policy, operations, and business teams supporting a complex legal framework. Manage risks around consumer protection and privacy. Drafted technology services agreements, privacy policies, data security provisions, privacy and data protection agreements, software license agreements, non-compete and SaaS, PaaS and IaaS agreements; advised management on legal developments.

SELENDY GAY ELSBERG PLLC. November 2021 – January 2022. Privilege document review assisting in the offense of relief sought with respect to a complex commercial matter regarding an earnout matter concerning a robotics developer.

DISCOVER FINANCIAL SERVICES, INC., March 2021 – October 2021. Staff Attorney – Regulatory Legal Strategy Team member. Champion culture of compliance within capital markets and deliver vital support as a Regulatory Legal Strategy Team member. Identify and manage legal and compliance risks while improving processes. Deliver crucial guidance to a centralized legal team to complete a regulatory project and enterprise-wide initiative. Investigate laws and regulations to identify compliance issues pertaining to operations in the U.S. and internationally focusing on evolving technology, cyber security and data privacy matters sensitive to risks and controls. Respond to in-house inquiries from front office, credit, current terms in executed agreements and client forms proposed.

CRAVATH, SWAINE & MOORE LLP; February 2021 – March 2021. Privilege document review assisting in the offense of relief sought with respect to a complex Second Request Antitrust, Commercial, Contract and Intellectual Property lawsuit regarding the social media and technology industries. Performing the review and coding documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Second Level Quality Control, and Redaction.

SULLIVAN & CROMWELL LLP; December 2020 – January 2021. Privilege document review assisting in responses regarding the U.S. Securities and Exchange Commission (SEC) investigations pertaining to complex Antitrust, Commercial Loans, Contract, and Securities laws concerning corporate governance and multi-tiered complex financial services matters concerning fraud within international financial firms. Performed the review and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Second Level Quality Control, and Drafted Privilege Logs.

CITIGLOBAL; October 2020 -- December 2020. Served on the Regulatory Compliance Strategy Team providing legal and compliance advice promoting a culture of compliance by supporting the products and functions to identify and manage Legal and Compliance Risk to achieve the best outcomes for Citi's clients and Citi as a whole by streamlining processes to be efficient and help drive Citi's purpose. Authored briefs, memoranda, and translated legal and compliance strategies and goals across Citi’s clients, products and geographies in a succinct and clear manner; provide direction and guidance on the programs; and served as a subject matter expert on Citi’s Compliance program; monitored adherence to Citi’s Compliance Risk Policies and measuring compliance risk through a robust control framework and assisting ensuring that regulatory reviews are conducted consistently across each entity.

SULLIVAN & CROMWELL LLP; May 2020 -- October 2020. Privilege document review assisting in responses regarding U.S. Securities and Exchange Commission investigations pertaining to complex Antitrust, Commercial Loans, Contract, and Securities laws concerning corporate governance and multi-tiered financial matters pertaining to international commercial real-estate industry firms. Performed the review and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Second Level Quality Control, and Drafted Privilege Logs.

BALLARD SPAHR LLP; December 2019 -- April 2020. Privilege document review assisting in the relief sought regarding a Second Request Antitrust U.S. Department of Justice investigation regarding complex Commercial, Contract, Pharmaceutical, and Life Science matters. Performed the review and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Second Level Quality Control, and Drafted Privilege Logs.

CRAVATH, SWAINE & MOORE LLP; October 2019 -- December 2019. Privilege document review assisting in the defense of relief sought with respect to class actions regarding complex bankruptcy, commercial, inverse condemnation, mass tort, environmental and public utility law pertaining to the power line industry. Performed the review and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Second Level Quality Control, and Redaction.

SULLIVAN & CROMWELL LLP; June 2019 -- October 2019. Privilege document review assisting in a complex Second Request Antitrust U.S. Department of Justice investigation regarding corporate mergers in the oil and gas industry. Performed the review and coded documents utilizing Ringtail eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Second Level Quality Control, Redaction, and Drafted Privilege Logs.

SWAN GLOBAL INVESTMENTS INC; May 2017 -- May 2019. General Counsel. Swan is a financial firm that manages private equity and various other assets in the capital markets with over $20 billion of assets under management. Responsible for all legal matters inherent in operating a capital markets corporation such as arbitrations, and litigations regarding civil matters in both State and Federal courts including all the major arbitration entities such as FINRA. Carried a caseload defending and prosecuting matters regarding complex commercial, bankruptcies, contracts, labor and employment, intellectual property, and securities disputes. Authored pleadings, briefs, and motions; conducted depositions; argued motions in court; facilitated and negotiated settlements successfully benefiting the firm. Managed a team of attorneys in trial preparation reviews utilizing Relativity eDiscovery software.

MOTLEY RICE LLP; March 2016 -- May 2017. Staff Attorney; Team Lead. Served as document review manager in a complex Second Request Antitrust, Commercial, Product Liability and Securities law matter regarding the manipulation of foreign exchange benchmark rates and LIBOR currency as an alleged cartel manipulated the foreign exchange markets, which required examining complex financial service agreements, including the analysis of derivatives, swaps, CDOs and other financial agreements. Worked closely with a senior partner managing a team of attorneys. Performed reviews utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Privilege, Redaction, and Drafted Privilege Logs. Responsible for overseeing the review workflow and providing the team with feedback from a senior partner, and weekly updates regarding case progress and case status.

PROSKAUER ROSE LLP; January 2016 – February 2016. Privilege document review assisting in a U.S. Securities and Exchange Commission (SEC) Second Request Antitrust U.S. Department of Justice investigation, regulatory filing and intellectual property regarding pharmaceutical and software patent infringement matters. Performed the review and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, and Drafted Privilege Logs.

KIRKLAND & ELLIS LLP; May 2015 – January 2016. Team Lead: English/French translation document review assisting in the defense of relief sought with respect to complex environmental pollution and scientific multi-tiered matters regarding alleged use of the herbicide Atrazine, scientific and pharmaceutical matters. Performed and managed the review and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Drafted Privilege Logs. Provided Third Level Quality Control and point of contact with the firm and attorney management overseeing the attorney’s workflow and provided the team with feedback from senior associates, and weekly updates regarding case progress and case status.

FRIEDMAN, KAPLAN, SEILER & ADELMAN LLP; April 2015 to May 2015. Provided assistance as Review Manager for Privilege document review in the defense of relief sought regarding complex multi-tiered commercial loans and financial transactions pertaining to a company in the gaming and entertainment industries that violated federal law shuffling assets and refinanced debt as part of an alleged scheme to protect itself from lower-ranking creditors. Performed the review and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, and Redaction.

WEIL, GOTSHAL & MANGES LLP; March 2015 to April 2015. English/French translation document review assisting in the relief sought with respect to a complex multi-tiered commercial loan, financial and pharmaceutical matters regarding breaches of annual revenue commitments and manufacturing agreements, which required examining complex financial service agreements, including derivatives, swaps, CDOs and other financial agreements. Performed ‘French to English’ translations and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Second Level Quality Control, and Drafted Privilege Logs.

QUINN EMANUEL URQUHART & SULLIVAN LLP; March 2015. Privilege document review assisting in the relief sought with respect to a complex financial matter regarding a shareholder derivative action against defendants concerning credit default swaps (“CDS”) that were used to protect themselves against risk of default on collateral debt obligations (“CDOs”) through its subsidiary, which required examining complex financial service agreements, including derivatives, swaps, CDOs and other financial agreements. Performed the review and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, and Drafted Privilege Logs.

BALLARD SPAHR LLP; February 2015. Team Lead: English/French translation document review assisting in the relief sought with respect to charges regarding potential violations of a Foreign Corrupt Practices Act (FCPA) matter concerning conspiracy and substantive violations of the FCPA’s anti-bribery provisions, books and records and internal controls provisions. Performed ‘French to English’ translations and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Second Level Quality Control and Drafted Privilege Logs.

WEIL, GOTSHAL & MANGES LLP; January 2015. Privilege document review assisting in a Second Request Antitrust U.S. Department of Justice investigation regarding relief sought for complex financial matters pertaining to breaches of annual revenue commitments by avoiding payment commitments, whereby the defendant manufactured and overstated service issues in order to justify an improper termination of its agreement with plaintiff, which required examining complex financial service agreements, including derivatives, swaps, CDOs and other financial agreements. Performed as project manager and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, and Drafted Privilege Logs. Provided Second Level Quality Control and acted as point of contact with attorney management overseeing the attorney’s workflow and provided the team with feedback from senior associates, and weekly updates regarding case progress and case status.

SIMPSON THACHER & BARTLETT LLP; December 2014 - January 2015. Team Lead. Document review assisting in a Second Request Antitrust U.S. Department of Justice investigation regarding a complex Class Action lawsuit regarding a merger and acquisition that may exceed the Federal Trade Commission thresholds set forth to determine the effect on competition in the manufacture/sale of corporate and pharmaceutical products. Served as project manager and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, and Drafted Privilege Logs. Provided Manager Level Quality Control and acted as point of contact with attorney management overseeing the attorney’s workflow and provided the team with feedback from senior associates, and weekly updates regarding case progress and case status.

FRESHFIELDS BRUCKHAUS DERINGER; November 2014. Document review assisting in the relief sought in respect to financial matters regarding breaches of contractual and trust obligations by preventing the satisfaction of the condition precedent alleged to have been assumed orally pertaining to the acquisition of a shareholding in Ukranian iron ore mining companies. Performed ‘French to English’ translations and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Second Level Quality Control and Drafted Privilege Logs.

STIKEMAN ELLIOTT; October 2014. Document review assisting in a Second Request Antitrust U.S. Department of Justice investigation regarding a complex Class Action lawsuit pertaining to mergers & acquisitions that exceed the monetary thresholds set forth under the Competition Act (Canada) as the proposed transaction triggered this matter. The bureau needed documents relating to competition, pricing, sales, and expansion into the market. Performed ‘French to English’ translations and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Second Level Quality Control and Drafted Privilege Logs.

MAYER BROWN LLP; March 2013 to September 2014. Staff Attorney; played an integral role focused on antitrust, securities litigation regarding complex accounting principles and financials, securities law and securitization related matters pertaining to mortgage-backed securities, CMBS and RMBS loans, which required examining voluminous complex financial service agreements, including derivatives, swaps, CDOs and other financial agreements; and intellectual property disputes regarding technology, software patent and copyright infringement matters before the USPTO; authored pleadings, briefs and motions; assisted with court appearances and depositions. Responsible for managing attorneys for coding documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, Second Level Quality Control and Drafted Privilege Logs.

FULBRIGHT & Jaworski LLP; January 2013 to February 2013. Document review assisting in the internal investigation regarding a Second Request Antitrust U.S. Department of Justice investigation pertaining to potential violations of the U.S. Foreign Corrupt Practices Act ("FCPA") matters in China and Mexico pertaining to the defendant’s insurance and reinsurance related matters in connection with their businesses. Performed as project manager with a team of attorneys and coded documents utilizing Relativity eDiscovery software for Responsiveness, Relevancy, Confidentiality, Privilege, Redaction, and Drafted Privilege Logs. Provided Third Level Quality Control and acted as point of contact with the firm and attorney management overseeing the attorney’s workflow and provided the team with feedback from senior associates, and weekly updates regarding case progress and case status.

SQUIRE PATTON BOGGS LLP, New York, NY

Litigation Associate December 2005 -- December 2012

Participated in all aspects of the representation of banks regarding complex multi-tiered transactions, antitrust, commercial, Foreign Corrupt Practices Act, pharmaceutical, securities and LIBOR litigations with court proceedings related to complex class action pharmaceutical and securities matters. Contributed to assessment of legal strategy and approaches to strategic impact litigation. Implemented legal policies and practices to manage legal obligations and risks. Defended Royal Bank of Scotland (RBS) against U.S. and British authorities and regulators in a global investigation to settle allegations of the manipulation of benchmark interest rates.

Selected Contributions:

Participated in all aspects of complex cases, including bankruptcy, theft of trade secrets litigation, class action transactional, construction, insurance defense, labor and employment, mergers & acquisitions, private equity, real estate, securities fraud, securitizations, and LIBOR matters. Authored pleadings, briefs, and motions; conducted depositions; argued motions in court; developed discovery, and trial strategies.

Investigated and defended international banks with sophisticated financial matters, including bank fraud, bank secrecy act, cybercrime, Foreign Corrupt Practice Act, wire fraud, international money laundering, securities fraud, and LIBOR matters such as Royal Bank of Scotland, and Goldman Sachs.

Managed corporate resolutions and key areas of corporate governance, ensuring that the business was conducted in compliance with New York and New Jersey laws and other applicable laws and regulations.

Worked extensively in all aspects of Chapter 7 and 13 bankruptcy cases, including conducting consultations, preparation of bankruptcy petitions, electronically filing petitions and various court documents, client counseling, appearances at 341(a) hearings, and meetings with Chapter 7 trustees. Drafted and negotiated legal documentation for various real estate transactions, and banking products across asset classes.

Litigated multiple product liability cases regarding manufacturing defect of medical products in mass tort cases in federal district courts, and litigated copyright, patent, trademark, and enforcement of IP disputes.

Conducted trials in antitrust and securities litigation matters; and successfully defended the City of New York and over 150 contractors in multi-district litigation in the Southern District of New York, arising from response actions undertaken at the World Trade Center after the 9/11 terrorist attacks.

Performed as second-chair in all aspects of trial litigations regarding mass torts, product liability and Securities Fraud matters in United States District Court for the District of Columbia, Southern, and Eastern Districts of New York, and Supreme Court of the State of New York.

Provided legal advice to institutional asset management clients in all facets of client-related matters such as hedge and private equity funds regarding the development and enforcement of internal policies and procedures (including but not limited to prevention of insider trading, Regulation FD and Sarbanes Oxley) to ensure compliance with local and foreign laws; and providing regulatory compliance.

Additional experience as a general counsel, asset management attorney, registered investment advisor, permanent litigation attorney, contract corporate attorney, and permanent corporate securities attorney within the areas of asset management, business crimes, complex civil litigation, commercial and securities litigation matters, corporate governance, cybersecurity, business immigration and other diversified fields.

EDUCATION

Juris Doctor Vermont Law School; Master of Laws, magna cum laude Vermont Law School, Activities: Moot Court Board; Law Review; Clerked for the Governor of Vermont; Vermont Attorney General's Office and U.S. Department of Justice in Environmental Enforcement in the Civil Litigation Bureau

Bachelor of Arts Columbia University, New York, NY in Humanities – Economics -- Computer Science, magna cum laude -- Financial Courses Columbia University in the City of New York; New York University School of Professional Studies and New York Institute of Finance, New York, NY

New York University School of Continuing and Professional Studies, New York, New York

Courses Completed: Fundamentals of Accounting I and II; Structured Finance I; Introduction to Corporate Finance; Intermarket Analysis.

Fundamentals of Corporate Risk Management; Applied Technical Analysis I and II; Fixed Income Analysis and Equity Derivatives and Beyond.

OTHER QUALIFICATIONS/ACTIVITIES

Clerked at U. S. Department of Justice, Washington, D.C., Law Clerk, Environment and Natural Resources Division

Certified Anti-Money Laundering Specialist (CAMS); Certified Fraud Examiner (CFE); Series 3 and 65 FINRA Licensure; Chartered Market Technician (CMT) & Subject Matter Expert of Technical Analysis (SME) for the CMT Association in New York; Commodities Trading Advisor (CTA); and Registered Investment Advisor.

FOREIGN LANGUAGES

Fully fluent in advanced written/spoken French and English; website translation & management of large volume translation projects.

French Legal Reading Comprehension Test from ALTA -- Passed.

SELECTED PROFESSIONAL ASSOCIATIONS

Member, City Bar of New York, member of the Litigation Committee; County Bar of New York; American Bar Association; American Law Institute; New York State Trial Lawyers Association; American Association of Professional Technical Analysts (AAPTA); Colorado, Texas and District of Columbia Bar Associations; and Federal Bar Association.

Certified Anti-Money Laundering Specialist (CAMS); Association of Certified Anti-Money Laundering Professionals (ACAMS).

Certified Fraud Examiner (CFE); Association of Certified Fraud Examiners.

Series 65 Securities License, NASAA, Registered Investment Advisor, New York, FINRA Member, Principle, and Registered Commodities Trading Advisor (CTA), National Futures Association Member.

Chartered Market Technician (CMT) & Subject Matter Expert (SME) for the CMT Association - Advancing the Discipline of Technical Analysis

TECHNICAL PROFICIENCIES

Tools and Technologies: Westlaw, LexisNexis, PACER, SEC/EDGAR, SEC ADV Filing, Electronic Court Filing (ECF) rules and practices, CourtLink, Lex Machina, AML / BSA Software, Microsoft Project, Microsoft Office Suite -- Word, Excel (V-lookups, pivot tables), PowerPoint and Outlook with background in database systems; Amicus, Bankruptcy Best Case, BEC Legal, HTML, Hadoop, Oracle, SAS, Kira (Due Diligence), ISO and SOC compliance and audits; Generally Accepted Accounting Principles (GAAP), Key Business Indicators (KBIs), General Ledgers (GLs), and Excel maintaining, organizing and tracking data.

Securities Regulatory and other Standards: Extensive knowledge of NFA, CFTC and SEC regulations; and Dodd-Frank, Investment Company Act of 1940, Investment Advisers Act of 1940, Securities Act of 1933, Securities Act of 1934, Commodity Exchange Act and Volker Rule, Federal and State Consumer Financial Services Laws such as Regulations B, E, Z, DD and ERISA. Solid knowledge of filing and preparation of 8-Ks, 10-Qs, 10-Ks, proxy statements, registration statements and other securities filings, including Section 16 filings, and the laws applicable to money laundering, including the Bank Secrecy Act, The USA PATRIOT Act, US Treasury AML guidelines, OFAC requirements, and Suspicious Activity Reporting requirements; and the U.S. securities laws applicable to public and private offerings of securitizations, including, Regulation AB and the credit risk retention rules; moreover, experience with SEC-registered and Rule 144A offerings for securitizations; Federal and State Regulations such as ECOA, FCRA, TILA, UDAP, GLBA/Privacy, AML / OFAC, RESPA and SEC ADV Filing.

Software Review Programs used in E-Discovery: Relativity, Ringtail, Applied Discovery, AddSearch, Attenex, CaseCentral, Case Data, CaseFleet, CaseLogistix, CaseMap, Catalyst, CloudNine, Concordance, Digital WarRoom, Discovery Attender, eDiscovery Point, EDGE, Exterro E-Discovery Software Suite, Everlaw, Discovery Partner, Digital WarRoom, DocuMatrix, E-Direct, FYI, IConnect, Ipro for Enterprise, iCONECT-XERA, Keps, Kroll Ontrack, Lexbe eDiscovery Platform, LiveNote, Logikcull, Nextpoint, OmniX, Opticon, Stratify, Summation, Trial Director, ViewPoint, ZDiscovery, and Zoom for ED.

Continuing Legal Education at the City Bar of New York; New York, NY

National Moot Court Competition - Judge; The Next Generation of Appellate Practice in NY; Efficient, Effective and Powerful Legal Writing; New Age Leasing; The "How To" of Successful Motion Practice; Practicing in NYS Supreme Court; NY Criminal Law Practice 101; Transactional Lawyering: Basic Skills; CPLR Update 2019; A "How to Guide" to Basic Derivatives; Selected Ethical Issues in Mediation; Fighting Cyber Sexual Abuse; Hot Topics in Coops & Condos 2019; Private Equity Structuring; The Basics; Enforcing Money Claims; Accounting For Lawyers; Basics of Drafting Commercial Contracts; Intermediate Skills for Drafting Commercial Contracts; Hot Topics in Privacy & Data Security Law; Deposition Strategies & Techniques; Divorce Law; and Federal Court Practice.



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