Documents

Jennifer Rearden Senate Questionnaire for Federal Judicial Nomination

Oct. 6 2021 — 9:14p.m.

/36
1/36

UNITED STATES SENATE COMMITTEE ON THE JUDICIARY QUESTIONNAIRE FOR JUDICIAL NOMINEES PUBLIC I. Name: State full name (include any former names uscd). Jennifer Hutchison Rearden 2. Position; State the position for which you have been nominated. United States District Judge for the Southem District of New York 3. Address: List current office address. If city and sate of residence differs from your place of employment, please lst th city and state where you currently reside. Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, New York 10166 Residence: Darien, Connecticut 4. Birthplace: State year and place of birth. 1970; New York, New York 5. Education; List in reverse chronological order cach college, law school, or any other institution of higher education attended and indicate for cach th dates of attendance, whether a degree was received, and the date each degree was received. 1993 1996, New York University School of Law: 1D. 1996 1988 1992, Yale University; B.A. (magna cum laude) 1992 Fall 1990, Middlebury College in Spain (not for a degree) 6. Employment Record: List n reverse chronological order all governmental agencies, business or professional corporations, companies, firms, or other enterprises, partnerships, institutions or organizations, non-profit or otherwise, with which you have. been affiliated as an officer, director, partner, proprietor, or employee since graduation from college, whether or not you received payment for your services. Include the name and address of the employer and job title or description.

2003 — Present Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, New York 10166 Partner, 2006 - Present Associate, 2003 - 2005 1998-2003 Davis Polk & Wardwell LLP 450 Lexington Avenue New York, New York 10017 Associate 1996 - 1998 King & Spalding LLP 1180 Peachtree Street (located at 191 Peachtree Street at the time of my employment) Adanta, Georgia 30309 Associate 1995 King & Spalding LLP 1180 Peachtree Street (located at 191 Peachtree Street at the time of my employment) Antz, Georgia 30309 Summer Associate 1994 Lange Simpson Robinson & Somerville LLP 41720" Street, North Suite 1700 (at the time of my employment) Bimningham, Alabama 35203 (Merged with Adams and Reese LLP in 2003) Summer Associate 1992-1993 Davis Polk & Wardwell LLP 450 Lexington Avenue New York, New York 10017 Legal Assistant Other Affiliations (Uncompensated): 2012 - Present Copland House 1538 Washington Street Cortlandt, New York 10567 Member of the Board of Trustees 2

2006 - Present ‘The Rearden Family LLC 42 Burroughs Hall Kiawah, South Carolina 29455 Managing Member 2001 (estimated) ~ Present ‘The Yale Club of New York City 50 Vanderbilt Avenue New York, New York 10017 Member of the Council (2006 — 2015) Member of the House Commitee (estimated 2001 ~ Present) 2011-2015 New York University Law Alumni 40 Washington Square South New York, New York 10012 Member of the Board of Directors 2006-2010 Inwood House 1233 Second Avenue New York, New York 10065 Member of the Board of Trustees (2006 2010) Member of the Governance Committee (2006 ~ 2010) Member of the Nominating Committee (2006 ~ 2010) 7. Military Service and Draft Status: Identify any service in the U.S. Military, including dates of service, branch of service, rank or ate, serial number (if different from social security number) and type of discharge received, and whether you have registered for selective service. Ihave not served in the U.S. Military. 1 was not required to register for selective service. 8. Honors and Awards: List any scholarships, fellowships, honorary degrees, academic or professional honors, honorary society memberships, military awards, and any other special recognition for outstanding service or achievement. Journal of International Law & Politics, Article & Note Editor, New York University School of Law (1994 — 1996) History degree from Yale University conferred magna cum laude (1992) Distinction in the History major, Yale University (1992) Master's Cup for outstanding service and leadership in Timothy Dwight College, Yale University (1992) 3

9. Bar Associations: Listall bar associations or legal or judicial-reated committees, selection panels or conferences of which you are or have been a member, and give the titles and dates of any offices which you have held in such groups. American Bar Association (2011 - 2013) ‘Co-chair, Class Actions and Derivative Litigation sub-committee of the ABA's Securities Litigation Committee (estimated 2011 ~2012) Association of the Bar of the City of New York (estimated 1998 Present) New York State Bar Association (estimated the 20005) ‘The Sedona Conference (estimated the 20005) 10. Bar and Court Admission a. List the date(s) you were admitted to the bar of any state and any lapsas in ‘membership. Please explain the reason for any lapse in membership. Connecticut, 1996 Georgia, 1996 New York, 1997 There have been no lapses in membership. In Georgia, my membership has been inactive since 1998. b. List all courts in which you have been admitted to practice, including dates of admission and any lapses in membership. Please explain the reason for any lapse: in membership. Give the same information for administrative bodies that require special admission to practice. United States Court of Appeals for the Second Circuit (2012) United States District Court for the Northern District of Georgia (1997) United States District Court for the Eastern District of New York (1998) United States District Court for the Southern District of New York (1998) “There have been no lapses in membership. 11. Memberships: 4

a. Listall professional, business, fratemal, scholarly, civic, charitable, or other organizations, other than those sted in response to Questions 9 or 10 to which ‘you belong, or to which you have belonged, since graduation from law school Provide dates of membership or participation, and indicate any office you held. Include clubs, working groups, advisory or editorial boards, panels, committees, conferences, or publications Berkeley Electric Cooperative (estimated 2006 ~ Present) ‘The Blackstone Group L.P. Limited Partner (for investment purposes) (2017 ~ Present) Copland House (2012 - Present) Member of the Board of Trustees (2012 Present) Darien Junior Football League (2017 ~ Present) Darien Soccer Association (estimated 2017-2018) Inwood House (2006 - 2010) Member of the Board of Trustees (2006 — 2010) Member of the Governance Commitee (2006 2010) Member of the Nominating Committee (2006 2010) “The Junior League of the City of New York, Inc. (1998 — 2002) Kappa Alpha Theta at Yale University) (estimated 1989 ~ Present) New York University Law Alumni Association (1996 - Present) Member of the Board of Directors (2011 2015) The Rearden Family LLC (2006 Present) Managing Member (2006 - Present) Recreational Equipment, Inc. (“REI”) Co-op (estimated 2017 ~ Present) ‘Wee Bum Country Club (2015 ~ Present) ‘Yale Alumni Association (estimated 1992 - Present) b. The American Bar Association's Commentary to its Code of Judicial Conduct states that i is inappropriate for a judge to hold membership in any organization that invidiously discriminates on the basis of race, sex, or religion, or national origin. Indicate whether any of these organizations listed in response to | 1a above currently discriminate or formerly discriminated on the basis of race, sex, religion or national origin cither through formal membership requirements or the practical s

implementation of membership policies. 1 so, describe any action you have taken to change these policies and practices Kappa Alpha Theta is a fraternity that limits its membership to women. The Junior League of the City of New York, now known as the New York Junior League, is a women's non-profit volunteer organization. Before Yale University accepted female students, the Yale Club of New York City did not admit female members. To the best of my knowledge, throughout my time as a member, the Yale Club of New York City has not employed any discriminatory policies or practices. Lunderstand that, years before | became a member of Wee Bum Country Club in 2015, for some or all of the time during my childhood (nil | tumed 23, believe, or until January 1 of the following year) when I had access to club facilities and privileges through my parents’ membership, the club did not provide female members in all membership categories with equal access to certain facilities and privileges. | further understand that in the 1990s, a female member filed a challenge to the club’s gill room and tee-time policies that ultimately was withdrawn. Those policies are no longer in place. To the best of my knowledge, throughout my time as a member, Wee Burn Country Club has not employed any discriminatory policies or practices. Except as set forth above, to the best of my knowledge, none of the organizations listed in response to Question 11(a) currently discriminates, or formerly discriminated, through membership requirements or the implementation of membership poliics, on the basis of race, sex, or religion. 12. Published Writings and Public Statements: a. List the titles, publishers, and dates of books, articles, reports, letters to the editor, editorial pieces, or other published material you have written or edited, including material published only on the Internet. Supply four (4) copies of all published ‘material to the Commitee. With various Gibson, Dunn & Crutcher LLP associates, editor of chapter 3, Automatic Stay of Discovery Under the PSLRA, of Practising Law Institute and Gibson, Dunn & Crutcher LLP's treatise, Securities Litigation: A Practitioner's Guide, Fall 2019. Copy supplied. With Jefferson Bell & Mark Mixon, In ‘Aruba Networks,” Del. High Court Emphasizes Deal Price as a Measure of Appraisal Value, Del. Bus. Ct. Insider, May 15,2019. Copy supplied. With various Gibson, Dunn & Crutcher LLP associate, editor of chapter 3, Automatic Stay of Discovery Under the PSLRA, of Practising Law Institute and 6

Gibson, Dunn & Crutcher LLP's treatise, Securities Litigation: A Practtioner’s Guide, Fall 2018. Copy supplied. With Jefferson Bell & Michael Marcon, Chancery Court Rejects Demand Fuility in Absence of Particularized Allegations, Del. Bus. Ct. Insider, June 13, 2018. Copy supplied. With various Gibson, Dunn & Crutcher LLP associates, editor of chapter 3, Automatic Stay of Discovery Under the PSLRA, of Practising Law Institute and Gibson, Dunn & Crutcher LLP's treatise, Securities Litigation: A Practitioner's Guide, Fall 2017. Copy supplied. With Jefferson Bell & Michael Marron, Del. Supreme Court Clarifies, Applies Choice of Law to Multistate Disputes, Del. Bus. Ct. Insider, May 16, 2017. Copy supplied. ‘With Goutam Jois, Trends Under Amended Federal Rules of Civil Procedure 37 and 26, Bloomberg BNA: The United States Law Week, Nov. 10, 2016. Copy supplied. ‘With Goutam Jois, Trends Under Amended Federal Rules of Civil Procedure 37 and 26, Bloomberg BNA: Expert Evidence Report, Nov. 7, 2016. Copy supplied With various Gibson, Dunn & Crutcher LLP associates, author of chapter 3, Automatic Stay of Discovery Under the PSLRA, of Practising Law Institute and Gibson, Dunn & Crutcher LLP's treatise, Securities Litigation: A Practitioner's Guide, Fall 2016. Copy supplied. With Goutam Jois, Trends Under Amended Federal Rules of Civil Procedure 37 and 26, Bloomberg BNA: Digital Discovery & e-Evidence, Sept. 15, 2016. Copy supplied. With Sharon Grysman, Advice From Law Firm's In-House Counsel Found Shielded by Privilege, N..L..J., Sep. 1, 2016. Copy supplied. With Gareth Evans, Heather Richardson, Matthew Kahn & Katherine Warren, 2016 Mid-Year E-Discovery Update, Gibson, Dunn & Crutcher LLP (Aug. 17, 2016). Copy supplied. With Jefferson Bell & Michael Marron, Further Guidance on Advancing Litigation Costs to Officers, Directors, Del. Bus. Ct. Insider, May 25, 2016. Copy supplied. With Goutam Jois, Spoliation Standards Under the New Rule 37(¢), Law360 (Oct. 28,2015). Copy supplied. 7

With various Gibson, Dunn & Crutcher LLP associates, editor of chapter 18, Credit Crisis Securities Litigation and Enforcement, of Practising Law Institute. and Gibson, Dunn & Crutcher LLP's treatise, Securities Litigation: A Practitioner's Guide, Fall 2015. Copy supplied. With Gareth Evans, Practical Considerations In Using Predictive Coding, N.Y.LJ, Oct. 5, 2015. Copy supplied. With Jefferson Bell & Michael Marron, Stockholder Ratification of Compensation Jor Non-employee Directors, Law.com (May 20, 2015). Copy supplied. With Jefferson Bell & Michael Marron, Stockholder Ratification of Compensation for Non-employee Directors, Del. Bus. Ct. Insider, May 20, 2015. Copy supplied. ‘With Gareth Evans & other Gibson, Dunn & Crutcher LLP attomeys, 2014 Year- End E-Discovery Update, Gibson, Dunn & Crutcher LLP (Jan. 20, 2015). Copy supplied. ‘With various Gibson, Dunn & Crutcher LLP associates, editor of chapter 18, Credit Crisis Securities Litigation and Enforcement, of Practising Law Institute: and Gibson, Dunn & Crutcher LLP's treatise, Securities Litigation: A Practitioner's Guide, Fall 2014. Copy supplied. With Seema Gupta, Commercial Division's New Approach to Privilege Logs, N.Y.LJ, Sept. 26, 2014. Copy supplied. With Seema Gupta, How Litigants Should Approach Categorical Privilege Logs, N.Y. Com. Lit. Insider, Sept. 22, 2014, at 1. Copy supplied. With Sharon Grysman, Nonparty Depositions: From ‘Potted Plant” Rule to Venus Fly Traps, N.Y. Com. Litig. Insider, Sept. 8, 2014. Copy supplied. With Gareth Evans, 2014 Mid-Year eDiscovery Update: Is This the ‘Year of Technology" in eDiscovery? Bloomberg BNA: Digital Discovery & e-Evidence, August 25, 2014. Copy supplied. With Gareth Evans, 2014 Mid-Year eDiscovery Update: Is This the ‘Year of Technology" in eDiscovery? Bloomberg BNA: Digital Discovery & e-Evidence, July 31,2014. Copy supplied. With Gareth Evans & other Gibson, Dunn & Crutcher LLP attormeys, 2014 Mid- Year Electronic Discovery Update, Gibson, Dunn & Crutcher LLP (uly 16, 2014). Copy supplied. With Goutam Jois, Litigation, Legal Holds and ‘Bring Your Own Device," Bloomberg BNA: Digital Discovery & e-Evidence, Apr. 10, 2014. Copy 8

supplied. With Sharon Grysman, Chancery Continues Fight (o Remain Leader in Business Dispute Resolution, Del. Bus. CL. Insider, Feb. 19, 2014. Copy supplied. With Gareth Evans & other Gibson, Dunn & Crutcher LLP attomeys, 2013 Year- End Electronic Discovery and Information Law Update, Gibson, Dunn & Crutcher LLP (Jan. 15, 2014). Copy supplied. With various Gibson, Dunn & Crutcher LLP associates, editor of chapter 18, Subprime- and Other Credit Crisis-Related Securities Class Actions and ‘Derivative Suits, of Practising Law Institute and Gibson, Dunn & Crutcher LLP's treatise, Securities Litigation: A Practitioner's Guide, Fall 2013. Copy supplied With Gareth Evans & G. Charles Nicrlich, 2012 Year-End Electronic Discovery ‘and Information Law Update, Gibson, Dunn & Crutcher LLP (Jan. 14, 2013). Copy supplied. With Sharon Grysman, Chancery Court in Brookstone Underscores Primacy of Comity and Efficiency, Del. Bus. CL. Insider, Dec. 27, 2012. Copy supplied. ‘With various Gibson, Dunn & Crutcher LLP associates, editor of chapter 18, Subprime-Related Securities Class Actions and Derivative Suits, of Practising Law Institute and Gibson, Dunn & Crutcher LLP's treatise, Securities Litigation: A Practitioner’ Guide, Fall 2012. Copy supplied. With Darcy Haris, Growing Trend Favors Disclosure of Witnesses Identities, ABA. Se. Litig. Newsl. Fall 2012. Copy supplied. With Brooke Myers Wallace, Non-Party .... Party? When It Comes to Deleted. ESI, Is There a Difference Anymore? Bloomberg BNA: Digital Discovery & c- Evidence, Apr. 26, 2012. Copy supplied. ‘With various Gibson, Dunn & Crutcher LLP associates, editor of chapter 18, Subprime-Related Securities Class Actions and Derivative Suis, of Practising. Law Insitute and Gibson, Dunn & Crutcher LLP's treatise, Securities Litigation: A Practitioner's Guide, Fall 2011. I have not been able to locate a copy. With Gareth Evans, G. Charles Nierlich & Farrah Pepper, 2011 Mid-Year E- Discovery Update, Gibson, Dunn & Crutcher LLP (uly 32, 2011). Copy supplied. With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Basics: Admissibility and Presentation of ESI (Vol. 1, No. 10), Gibson, Dunn & Crutcher LLP (July 18, 2011). Copy supplied. 9

With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Basics: Production of ESI (Vol. 1, No. 9), Gibson, Dunn & Crutcher LLP (July 11,2011). Copy supplied. With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Basics: Processing & Reviewing ESI (Vol. 1, No. 8), Gibson, Dunn & Crutcher LLP (uly 5,2011). Copy supplied. With Lawrence Zweifach & Darcy Harris, Standing in Mortgage-Backed Securities Class Action Litigation, A.B.A. Scc. Litig. Newsl., Summer 2011. Copy supplied. ‘With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Basics: Collection of ES/ (Vol. 1, No. 7), Gibson, Dunn & Crutcher LLP (tune 27, 2011). Copy supplicd. ‘With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Basics: Preservation of ESI, Part 2 (Vol. 1, No. 6), Gibson, Dunn & Crutcher LLP (June 20,2011). Copy supplied. With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Basics: Preservation of ESI, Part 1 (Vol. 1, No. 5), Gibson, Dunn & Crutcher LLP (June 13,2011). Copy supplied. With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Basics: Legal Holds (Vol. 1, No. 4), Gibson, Dunn & Crutcher LLP (June 6, 2011). Copy. supplied. With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Basics: Litigation Preparedness (Vol. 1, No. 3), Gibson, Dunn & Crutcher LLP (May 31, 2011). Copy supplied. With Gareth Evans, G. Charles Nierlch & Farrah Pepper, E-Discovery Basics: The E-Discovery Life Cycle (Vol. 1, No.2), Gibson, Dunn & Crutcher LLP (May 23,2011). Copy supplied. With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Developments: Court Holds that Oral Preservation Notice Is Not Automatically Sanctionable, Martindale Legal Libr., May 19, 2011. Copy supplied. ‘With Gareth Evans, G. Charles Nicrlich & Farrah Pepper, E-Discovery Basics: Why Should I Care About E-Discovery? (Vol. 1, No. 1), Gibson, Dunn & Crutcher LLP (May 17,2011). Copy supplied. ‘With Gareth Evans, G. Charles Nierlich & Farrah Pepper, E-Discovery Developments: Court Holds that Oral Preservation Notice Is Not Automatically 10

Sanctionable, Gibson, Dunn & Crutcher LLP (May 13, 2011). Copy supplied. With Farrah Pepper, How (Nob) to Lose Data and Alienate Judges, Law Tech. News, Apr. 20, 2011. Copy supplied. With Farrah Pepper, Scheindlin’s ‘Day Laborer Decision: Much Ado About Metadata, Law Tech. News, Feb. 22, 2011. Copy supplied. With Gareth Evans, G. Charles Nierlich, Sean Royall & Farrah Pepper, Client Alert: E-Discovery Trends: Latest Scheindlin Decision Offers Guidance Regarding Format of Production, Metadata and Rule 26() Duties, Gibson, Dunn & Crutcher LLP (Feb. 10, 2011). Copy supplicd. With Gareth Evans, G. Charles Nierlich, Sean Royall & Farrah Pepper, 2010 Year-End Electronic Discovery and Information Law Update, Gibson, Dunn & Crutcher LLP (Jan. 13, 2011). Copy supplied. With various Gibson, Dunn & Crutcher LLP associates, editor of chapter 18, Subprime-Related Securities Class Actions and Derivative Suis, of Practising Law Institute and Gibson, Dunn & Crutcher LLPs treatise, Securities Litigation: A Practitioner's Guide, Fall 2010. [ have not been able to locate a copy. ‘With Gareth Evans, Farrah Pepper & other Gibson Dunn attorneys, 2010 Mid- Year Electronic Discovery and Information Law Update, Bloomberg BNA: Digital Discovery & e-Evidence, July 22, 2010. Copy supplicd. With Gareth Evans, Farrah Pepper & other Gibson Dunn attorneys, 2010 Mid- Year Electronic Discovery and Information Law Update, Gibson, Dunn & Crutcher LLP (July 13,2010). Copy supplied. With Farrah Pepper, Oh No, Ephemeral Data, N.Y.L.J., Mar. 22, 2010. Copy supplied. With Farrah Pepper, Judge Issues a ‘Wake-Up Call’ to New York Lawyers: When It Comes to Search Terms, Play Nice and Plan Ahead, Bloomberg Law Reports: N.Y. Law, Jan. 4, 2010. Copy of article supplied. With Farrah Pepper, Sedona Continues Call for Cooperation, Corp. Couns, Oct. 29,2009. Copy supplied. With Farrah Pepper, Jf the Sedona Conference Builds It, Will They Cooperate? Year in Review, N.Y L.J., Oct. 27, 2009. Copy supplied. With various Gibson, Dunn & Crutcher LLP associates, editor of chapter 18, Subprime-Related Securities Class Actions and Derivative Suits, of Practising Law Institute and Gibson, Dunn & Crutcher LLP treatise, Securities Litigation: n

A Practitioner's Guide, Fall 2009. 1 have not been able to locate a copy. With several Gibson, Dunn & Crutcher LLP associates, Appellate Division of New York State Supreme Court, Third Judicial Department, Rules that New York's Labor Law Section 220 Does Not Apply to Charter School Projects, Gibson, Dunn & Crutcher LLP (May 11, 2009). Copy supplied. With Farrah Pepper, Judge Issues a ‘Wake-Up Call’ to New York Lawyers: When It Comes to Search Terms, Play Nice and Plan Ahead, Bloomberg Law Reports: N.Y. Law, May 4, 2009. Copy supplied. With J. Taylor McConkie, Trends in Subprime-Related Securities Fraud Actions, Law360 (Oct. 31, 2008). Copy supplied. With various Gibson, Dunn & Crutcher LLP associates, author of chapter 18, Subprime-Related Securities Class Actions and Derivative Suits, of Practising Law Institute and Gibson, Dunn & Crutcher LLP’s treatise, Securities Litigation: A Practitioner's Guide, Fall 2008. 1 have not been able to locate a copy. Jennifer H. Rearden, Book Annotation, Reordering the World: Geopolitical Perspectives on the 21st Century, 27 N.Y.U. J. I L. & Pol. 720 (1995). Copy supplied. b. Supply four (4) copies of any reports, memoranda or policy statements you prepared or contributed in the preparation of on behalf of any bar association, committee, conference, or organization of which you were or are a member. If you do not have a copy of a report, memorandum or policy statement, give the name and address of the organization that issued it, the date of the document, and & ‘summery of its subject matter. Ido not recall preparing, or contributing in the preparation of, any reports, : ‘memoranda, or policy statements on behalf of any bar association, committee, conference, or organization. | have attempted to confirm, including by contacting the ABA, that the Class Actions and Derivative Litigation sub-committee of the ABA's Securities Litigation Committee did not issue any reports, memoranda, or policy statements during my time as co-chair of that sub-committee. To date, no such documents have been located. During my time as co-chair of the Class Actions and Derivative Litigation sub-committee of the ABA’s Sccuritics Litigation Comittee, | co-authored the following articles: With Darcy Harris, Growing Trend Favors Disclosure of Witnesses Identities, ABA. Sec. Litig. News, Fall 2012. Copy supplied. With Lawrence Zweifach & Darcy Harris, Standing in Mortgage-Backed Securities Class Action Litigation, A.B.A. Sec. Litig. NewsL, Summer 2011. Copy supplied. 2

c. Supply four (4) copies of any testimony, offical satements or other ‘communications relating, in whole or in part, to matters of public policy or legal interpretation, that you have issued or provided or that others presented on your behalf to public bodies or public officials. None. d. Supply four (4) copies, transcripts or recordings of all specches or talks delivered by you, including commencement speeches, remarks, lecture, panel discussions, conferences, political speeches, and question-and-answer sessions. Include the date and place where they were delivered, and readily available press reports about the speech or talk. IF you do not have a copy of the speech or a transcript or recording of your remarks, give the name and address of the group before whom the speech was given, the date of the specch, and a summary of ts subject mater. If you did not speak from a prepared text, furnish a copy of any outline or notes from which you spoke. September 24, 2019: Speaker, The Federal Rules of Civil Procedure: Surveying Recent Amendments and What's to Come, Lawline, 61 Broadway, Suite 1105, New York, New York. Lawline has provided the following link 0 a video recording of this presentation: hitpsi//wwwyoutube.com/watch?v=kNuGSGXPWQw April 25, 2019: Moderator, Goveming Ephemeral Data Sources, Regional Mecting of CGOC (the Compliance Governance and Oversight Council, Gibson, Dunn & Crutcher LLP, New York, New York. Sides supplied. March 14, 2019: Speaker, Everything You Don't Know About E-Discovery (But Wish You Did), National Business Institute, Webinar. Recording supplied. May 1, 2018 (originally scheduled for March 21, 2018): Moderator, Text, Lies & Social Media, Regional Meeting of CGOC (the Compliance Governance and Oversight Council), Gibson, Dunn & Crutcher LLP, New York, New York. Slides supplied. July 25, 2017: Speaker, Evolving Standards on Spoliation of Electronically Stored Information and Proportionality, Clear Law Institute, Webinar. Recording supplied. April 26, 2017: Speaker, Identifying New Challenges in Mobile Device Discovery: What Lies Ahead? The Knowledge Group, Webinar. Slides supplied. Merch 9, 2017: Moderator, EDiscovery — Update from the Trenches, Regional Meeting of CGOC (the Compliance Governance and Oversight Council), Gibson, Dunn & Crutcher LLP, New York, New York. Slides supplied. 3

November 9, 2016: Speaker, Everything You Don’t Know About E-Discovery (But Wish You Did), National Business Institute, Webinar. Slides supplied. National Business Institute has informed me that a recording of this presentation is not available. July 29, 2016: Speaker, Recent Amendments to the New York CPLR and Uniform Commercial Division Court Rules, Lawline, New York, New York. Lawline has provided the following link to a video recording of this presentation: hitps://youtu be/F3GZiM43 Tbs June 30, 2016: Speaker, The New Federal Rules of Civil Procedure — What You Need to Know Now, National Business Institute, Webinar. Slides supplied. National Business Institute has informed me that a recording of this presentation is not available. June 7, 2016: Speaker, BYOD in eDiscovery: Managing Risks and Ensuring Best Practices in 2016, The Knowledge Group, Webinar. Slides supplied. April 29, 2016: Speaker, December 2015 Amendments to the Federal Rules of Civil Procedure: Key Components and Recent Case Law, Clear Law Institute, Webinar. Recording supplied. March 23, 2016: Moderator, Mock Hearing - Motion to Compel, Conference of CGOC (the Compliance Governance and Oversight Council) on Privacy, Security & Compliance: A Global Framework for Information Govemance, Gibson, Dunn & Crutcher LLP, 200 Park Avenue, New York, New York 10166. 1 have not been able to locate any prepared text, outline, or notes. March 10, 2016: Speaker, December 2015 Amendments to the Federal Rules of Civil Procedure, Lawline, New York, New York. Lawline has provided the following link to a video recording of this presentation: hitpsi//youtu be/OkrXI0DmeZA February 29, 2016: Speaker, Proportionality in Discovery Under the New Federal Rules of Civil Procedure, National Business Institute, Webinar, Slides supplied. National Business Institute has informed me that a recording of his presentation is not available. May 1, 2015: Speaker, Discovery Issues in Trust and Investment Management Litigation, American Bankers Association Wealth Management & Trust Conference, The Breakers, Palm Beach, Florida. Slides supplied. The American Bankers Association has informed me that it does not have a recording of this presentation. March 11, 2015: Speaker, Legal Considerations for Defensible Disposal: What Have the Courts Said? Conference of CGOC (the Compliance Governance and I

Oversight Council) on the Impact of Emerging Technologies and Regulations on Information Governance, Gibson, Dunn & Crutcher LLP, 200 Park Avenue, New York, New York 10166. Ihave not been able to locate any prepared text, outline, or notes. November 21, 2014: Speaker, Information Govemance in a Big Data World, Georgetown Advanced eDiscovery Institute, The Ritz Carlton, Tysons Comer, MeLean, Virginia. Two different presentations bear this same tic. Copies of both have been supplied. Press coverage supplied. May 13, 2014: Speaker, Bring Your Own Device: Policies ina Litigious Environment, New York Law Journal, New York, New York. Draft slides have been supplied. 1 do not recall drafting or revising these materials; | believe they were prepared by another speaker in connection with this presentation. March 6, 2014: Speaker, Developments (and Sometimes Disasters) in High-Tech E-Discovery: Risks, Consequences and Better (or Worse) Practices, Legal Malpractice & Risk Management Conference, Chicago, llinois. Draft slides and a draft outline have been supplied. | do not recall drafting or revising these materials; | believe they were prepared by another speaker in connection with this presentation. The planner for this event informed me that the rights to a recording of the conference were sold to WestLegalEdcenter. According to ‘WestLegalEdcenter, the recording is no longer available. Press coverage supplied. December 12, 2013: Speaker, The Global Embrace: Security & Stratcgy in Cross- Border eDiscovery, Thomson Reuters, 17" Annual eDiscovery & Information Governance Forum, New York, New York. I have not been able o locate any prepared text, outline, or notes. The local address for Thomson Reuters is 3 “Times Square, New York, New York 10036. December 9, 2013: Moderator, Tackling the Review Process: Lear from Industry Leaders How t's Done, New York Law Journal, Webinar. Slides supplied. | did not prepare the slides, but I believe they were used. November 5, 2013: Speaker, Roadmap to Defensible Deletion And Efficient Retention of Company Data, Association of Corporate Counsel, Washingion Metropolitan Arca Chapter, MeL can, Virginie (specific location unknown). Slides supplied. Association of Corporate Counsel has informed me that it has not located a recording of this presentation. April 15, 2013: Moderator, New Normal: Big Data and the Future of Litigation, New York Law Jounal, Webinar (street address unknown). | have not been able 10 locate any prepared text, outline, or notes. The New York Law Journal appears to now be part of law.com. 15

March 18, 2013: Speaker, Defensible Disposal: If it doesn’t exist, I don’t have to review it... right? New York Law Journal, Webinar. Slides supplied. April 15, 2011: Speaker, Protecting a Parent from its Insolvent Subsidiary: Fiduciary Duties and the Attomey-Client Privilege, ABA Business Law Section Spring Meeting 2011, Business Bankruptcy Committee, Boston, Massachusetts (specific location unknown). Outline supplied. The American Bar Association informed me that it has not located a recording of this presentation. July 24,2010: Mid-Year Summary of 2010 Electronic Discovery Cases, ESIBytes.com. The podcast is available at htp://www.csibytes.com/mid-year- 2010-summary-of-electronic-discovery-cases/ December 8, 2009: Speaker, Securities Litigation conference, New York City Bar Association, 42 West 44° Street, New York, NY 10036. 1 do not recall the specific topic addressed. 1 have not been able to locate any prepared text, outline, or notes. February 12, 2009: Speaker, Securities Litigation During the Financial Crisis: Current Developments and Strategies, New York City Bar Association, 42 West 44% Street, New York, NY 10036. 1do not recall the specific topic addressed. | have not been able to locate any prepared text, outline, or nots. June 25, 2008: Speaker, Pathways to Partnership: The Next Steps Following ‘Advancement from the Associate Ranks, LexisNexis Women in the Legal Profession Summit: Rainmaking and Collaborative Development, The Harvard Club, 35 West 44° Street, New York, New York. I have not been able to locate any prepared text, outline, or notes. e. Listall interviews you have given to newspapers, magazines or other publications, or radio or television stations, providing the dates of these interviews and four (4) copies of the clips or transcripts of these interviews where they are available to you. Miriam Hall, Howard Marks wants judge 10 seal court records for 740 Park lawsuit, ‘TheRealDeal, May 2, 2017. Copy of article supplied. Julia Marsh, Mogul: No looks at my luxe, N.Y. Post, May 2, 2017. Copy of article supplied. Julia Marsh, Billionaire suddenly wants privacy amid apartment lawsuit, N.Y. Post, May 1,2017. Copy of article supplied. Abby Shulman, How to Use Social Media Evidence in Court, JusticeHub Innovation Lab, Nov. 14,2015. Copy of article supplied. Socially Acceptable: The Perils of Social Media Discovery, Law.com, Nov. 5, 2015. 16

Copy of article supplied. Socially Acceptable: The Perils of Social Media Discovery, Law.com, Nov. 2, 2015. Copy of article supplied. E-Discovery, Law.com, Oct. 4, 2015. Copy of article supplied. Phil Favro, The Great Leap Forward: Gibson Dunn's 2014 Mid-Year Electronic Discovery Update, Mind Over Matters (Jul. 29, 2014). Copy of article supplied. Suc Reisinger, Solving the Biggest Problems of E-Discovery, Corp. Couns., Mar. 8, 2013. Copy of artic supplied. View from the trenches: What's next? Nat'l LJ. Jan. 28, 2013. Copy of article supplied. Susan Beck, Gibson Dunn Report: Sanctions Dropping in E-Discovery Disputes, Law.com, Jan. 19, 2011. Copy of article supplied. Gibson Dunn Report: Sanctions Falling in E-Discovery Dispuies, Am. Law, Jan. 18, 2011. Copy of article supplied. Susan Beck, Judges Are Imposing Fewer Sanctions For E-Discovery Violations, Report Says, N.Y. LJ, Jan. 19, 2011. Copy of article supplied. Repercussions of sub-prime litigation may go far, Compliance WK., Feb. 2009. Copy of article supplied. Taub Stephen, Decisions to Drive Sub-prime Litigation in ‘09, Compliance WK, Jan. 5, 2009. Copy of article supplied. Andrew Longstreth, Analysis: Plaintifs Lawyers Will Have Subprime Blues If They Can't Prove Intent and Causation, Am. Law. Dec. 4, 2008. Copy of article supplied. Subprime Suit Hits Roadblock, Cheelah, Ref. No. 15651064, Dec. 2, 2008. Copy of article supplied. New York Appellate Court 0 Hear Precedent-Setting Case on Interstate Recognition of Same-Sex Spousal Unions, PR Newswire, September 6, 2007. Copy of article supplied. New York Appellate Court to Hear Precedent-Setting Case on Interstate Recognition of ‘Same-Sex Spousal Unions, PR Newswire Europe, September 6, 2007. Copy of article supplied. Inthe late 1990s or carly 2000s, I was interviewed on MSNBC regarding a legal issue. | do not recall the issue, and I have not been able to locate any clips or a transcript. 1 have 7

attempted to locate a copy of this interview, including by contacting MSNBC, but I have not found it. 13. Judicial Office: State (chronologically) any judicial offices you have held, including positions as an administrative law judge, whether such position was elected or appointed, and a description of the jurisdiction of each such court. Ihave not held judicial office. a. Approximately how many cases have you presided over that have gone to verdict or judgment? i. Ofthese, approximately what percent were: jury trials: _% bench trials: ob [total 100%] civil proceedings: _% criminal proceedings ob total 100%] b.. Provide citations for all opinions you have written, including concurrences and disses. c.. For each of the 10 most significant cases over which you presided, provide: (1) a capsule summary of the nature the case; (2) the outcome of the case; (3) the name ‘and contact information for counsel who had a significant role in the trial of the case; and (3) the citation of the case (if reported) or the docket number and a copy of the opinion or judgment (if not reported). d. For each of the 10 most significant opinions you have written, provide: (1) citations for those decisions that wer published; (2) a copy of those decisions that were not published; and (3) the names and contact information for the attorneys who played a significant role in the case. e. Provide a list of all cases in which certiorari was requested or granted. £. Provide a brief summary of and citations for all of your opinions where your decisions were reversed by a reviewing court or where your judgment was affirmed with significant criticism of your substantive or procedural rulings. If any of the opinions listed were not officially reported, provide copies of the opinions. & Provide a description of the number and percentage of your decisions in which ‘you issued an unpublished opinion and the manner in which those unpublished opinions are filed and/or stored. h. Provide citations for significant opinions on federal or sate constitutional issues, 18

together with the citation to appellate court rulings on such opinions. If any of the opinions listed were not officially reported, provide copies of the opinions. i. Provide citations to al cases in which you sat by designation on a federal court of appeals, including a brief summary of any opinions you authored, whether ‘majority, dissenting, or concurring, and any dissenting opinions you joined. 14. Recusal: If you are or have been a judge, identify the basis by which you have assessed the necessity or propriety of recusal (If your court employs an “automatic” recusal system by which you may be recused without your knowledge, please include a general description of that system.) Provide a lst of any cases, motions or maters that have. come before you in which a ltigant or party has requested that you recuse yourself due to an asserted conflict of interest or in which you have recused yourself sua sponte. Identify each such case, and for cach provide the following information: Ihave not held judicial office. a. whether your recusal was requested by a motion or other suggestion by a litigant or a party o the proceeding or by any other person or interested party; or if you recused yourself sua sponte; b. a brief description of the asserted conflict of interest or other ground for recusal; c. the procedure you followed in determining whether or not o recuse yourself; d. your reason for recusing or declining to recuse yourself, including any action taken to remove the real, apparent or asserted conflict of interest or to cure any other ground for recusal. 15. Public Office, Political Activities and Affiliations: a. List chronologically any public offices you have held, other than judicial offices, including the terms of service and whether such positions were elected or ‘appointed. If appointed, please include the name of the individual who appointed you. Also, tate chronologically any unsuccessful candidacies you have had for elective office or unsuccessful nominations for appointed office. In the 1990s, 1 was a notary public in the State of New York. 1 have not otherwise. held public office. I have not had any unsuccessful candidacies for public office or unsuccessful nominations for appointed office b.. List all memberships and offices held in and services rendered, whether compensated or not, to any political party or election committe. If you have ever held a position or played a role in a political campaign, identify the particulars of the campaign, including the candidate, dates of the campaign, your title and responsibilities. 19

Ihave co-hosted several fundraisers for Senator Kirsten Gillibrand at the offices of Gibson, Dunn & Crutcher LLP (“Gibson Dunn”) in New York. My responsibilities principally consisted of arranging for the use of Gibson Dunn space, inviting Gibson Dunn attorneys (and sometimes others), and asking invitees to make a donation. In addition, in 2016, I co-hosted a fundraiser for Senator Maggie Hassan, then the Governor of New Hampshire, at the offices of Gibson, Dunn & Crutcher LLP in New York. My responsibilities principally consisted of arranging for the use of Gibson Dunn space, inviting Gibson Dunn attomneys (and perhaps others), and asking invitees to make a donation. 16. Legal Career: Answer cach part separately. a. Describe chronologically your law practice and legal experience after graduation from law school including: i. whether you served as clerk to a judge, and if so, the name of the judge, the court and the dates of the period you were a clerk; did not serve as a clerk. ii. whether you practiced alone, and if so, the addresses and dates; Ihave not practiced alone. i. the dates, names and addresses of law firms or offices, companies or ‘govemmental agencies with which you have been affiliated, and the nature of your affiliation with cach. 1996 - 1998 King & Spalding LLP 1180 Peachtree Street (located at 191 Peachtree Street at the time of my employment) Atlanta, Georgia 30309 Associate 1998-2003 Davis Polk & Wardwell LLP 450 Lexington Avenue New York, New York 10017 Associate 2003 - Present Gibson, Dunn & Crutcher LLP 200 Park Avenue. New York, New York 10166 20

Associate, 2003 2005 Partner, 2006 — Present iv. whether you served as a mediator or arbitrator in altemative dispute resolution proceedings and, if so, a description of the 10 most significant matters with which you were involved in that capacity. Ihave not served as a mediator or an arbitrator. b. Describe: i. the general character of your law practice and indicate by date when its character has changed over the years. Tam a litigator with a broad practice in complex commercial cases. Throughout my career, | have generally represented clients in large-scale business disputes, including major fraud and contract actions. In my carly years as a lawyer (1996 through approximately 2004), | also worked on Securities fraud and hostile M&A matters. In approximately 2004, I began litigating business disputes with states and municipalities, as well as bankrupley-related matters. In more recent years, my practice also has included significant sales tax, environmental, housing discrimination, and employment cases. | have devoted substantial time to pro bono matters as wel. ii. your typical clients and the areas at cach period of your legal career, if ‘any, in which you have specialized. Although I occasionally represent individuals, my typical clients have: been business entities. c. Describe the percentage of your practice that has been in litigation and whether you appeared in court frequently, occasionally, or not at al. If the frequency of Your appearances in court varied, describe such variance, providing dates. My practice has involved litigation in both federal and state courts i. Indicate the percentage of your practice in: 1. federal courts: 50% 2. state courts of record: 48% 3. other courts: —% 4. administrative agencies: 2% ii. Indicate the percentage of your practice in: 1. civil proceedings: 9% 2. criminal proceedings; 1% 2

d. State the number of cases in courts of record, including cases before administrative law judges, you tried to verdict, judgment or final decision (rather than settled), indicating whether you were sole counsel, chief counsel, or associate counsel. Ihave tried four cases, including one preliminary injunction tral, to verdict, judgment, or final decision. | was the lead litigator in three of those matters, and a co-lead at the preliminary injunction trial i. What percentage of these tials were: 1. jury 25% 2. nonsjury: 75% e. Describe your practice, if any, before the Supreme Court of the United States. Supply four (4) copies of any briefs, amicus or otherwise, and, if applicable, any oral argument transcripts before the Supreme Court in connection with your practice. Ihave not practiced before the Supreme Court of the United States. 17. Litigation: Describe the ten (10) most significant litigated matters which you personally handled, whether or not you were the attorney of record. Give the citations, if the cases were reported, and the docket number and date if unreported. Give a capsule summary of the substance of each case. Identify the party or parties whom you represented; describe in detail the nature of your participation in the litigation and the final disposition of the case. Also state as to each case: a. the date of representation; b. the name of the court and the name of the judge or judges before whom the case: was litigated; and c. the individual name, addresses, and telephone numbers of co-counsel and of principal counsel for each of the other partics (1) Tri-City, LLC, et al. v. New York City Taxi & Limo. Comm'n, et l., Index No. 15336972018 (Sup. Ct. N.Y. Cty.) represented Uber Technologies Inc. (“Uber”) in a challenge brought by Uber, LyR, Vie, and traditional black car companies to a New York City Taxi & Limousine Commission (“TLC regulation requiring for-hire vehicles to provide 25% of all trips in wheelchair-accessible vehicles by 2023. This action was before The Honorable Andrew Borrok of the New York State Supreme Court (now of the Commercial Division of that Court). Ata preliminary injunction hearing in June 2018, I argued on behalf of all petitioners in secking to annul and 2

vacate the TLC's rule and clear the way for a competing proposal that would allow Uber and other services to meet the needs of people who use wheelchairs. Following my argument, the Court ordered the parties to confer on a potential settlement to conclusively resolve the mater. The parties then drafted a new. regulation based on the petitioners’ altemative approach to resolving wheelchair- accessibility issues and agreed to a settlement pursuant to which the TLC would promulgate a rule adopting that approach. “The TLC passed that rule in October 2018. “The Court issued oral rulings prior to the preliminary injunction hearing, but there were no published decisions. Counsel for Lyft: Sara L. Shudofsky Amold Porter Kaye Scholer 250 West 55th Street New York, New York 10019 212-836-7922 Counsel for Via: Lisa H. Bebchick Ropes & Gray LLP 1211 Avenue of the Americas New York, New York 10036 212-596-9740 Counsel for Owners Transport Communication, Inc.: Wayne 1. Baden Schlam Stone & Dolan LLP 26 Broadway New York, New York 10004 212-344-5400 Counsel for the TLC and Respondent Meera Joshi: Michelle Goldberg-Cahn Deputy Chief, Administrative Law Division New York City Law Department 100 Church Street 5” Floor New York, New York 10007 2123562199 (2) Patriarch Partners XY, LLC, et al. v. US. Bank Nat'l Ass'n, etal, No. 16-cv- 07128 S.DN.Y) 2

represented Lynn Tilton, Patriarch Partners XV, LLC and Octaluna LLC ina lawsuit against MBIA and U.S. Bank seeking to enjoin the bank, as indenture trustee, from selling the collateral of a distressed debt CLO fund on commercially unreasonable terms. This matter was before The Honorable Jed . RakofF of the USS. District Court for the Southern District of New York. 1 cross-cxamined U.S. Bank ata preliminary injunction hearing in October 2016 and argued motions, including a successful application in December 2016 to postpone a sale of the collateral. Unpublished decisions were issued on October 18 and December 30, 2016, and on August 25, 2017. ‘The Court also issued several rulings orelly— following my argument on December 7, 2016, for example. The action was dismissed as moot pursuant 0 a stipulation and order dated January 19, 2017. Counsel for MBIA: Jonathon M. Hoff Cadwalader, Wickersham & Taft LLP One World Financial Center New York, New York 10281 212-504-6474 Counsel for U.S. Bank: Michael E. Johnson (formerly of Alston & Bird) Troutman Sanders LLP 600 W Peachtree St. NW #5200 Atlanta, Georgia 30308 404-885-3646 (3) Zohar CDO 2003-1, et al. v. Patriarch Partners, LLC, et al, C.A. No. 12247 (Del. Ch) represented Lynn Tilton and Patriarch Partners, LLC in a contractual books and records matter, in which the partes litigated the scope of an adverse judgment following a 2016 trial in Delaware Chancery Court handled by a different firm. “This proceeding was before former Vice Chancellor John W. Noble, who had recently reired from the Delaware Chancery Court and served as the Special Master. We made more than 60 submissions, and I had ten arguments before. ‘Special Master Noble. In 2018, the Zohar Funds went into bankruptcy, and | understand that this matter has been stayed since then. The Special Master issued several oral and unpublished written rulings between late 2016 and early 2013. “There have been no published opinions. Vice Chancellor Noble is now a Partner at Morris James LLP, 500 Delaware Avenue, Suite 1500, Wilmington, Delaware 19801-1494, 302-888-6800. Co-Counsel: 2

Gregory V. Varallo (formerly of Richards, Layton & Finger) Bemstein Litowitz Berger & Grossmann 500 Delaware Avenue Suite 901 Wilmington, Delaware 19801 302-364-3601 Opposing Counsel: Jonathan E. Pickhardt Quinn Emanuel 51 Madison Avenue 22% Floor New York, New York 10010 2128497115 Kenneth J. Nachbar Morris, Nichols, Arsht & Tunnel] 1201 N. Market Street Wilmington, Delaware 19801 302-351-9294 (4) Home Depot, US A. v. Conn. Dep't of Revenue Servs, Nos. HHB-CV-09- 5014432-5 and HHB-CV-09-5014433-S (Conn. Super. Ct) I represented Home Depot in these actions seeking to reverse the Commissioner of Revenue Services’ denial of credit or reimbursement for sales tax remitted on behalf of private label credit card customers who ultimately did not pay for their purchases (or the applicable sales tx). I served as lead counsel and ried these cases in March 2015 and December 2017. Ultimately, The Honorable Henry S. Cohn of Connecticut Superior Court denied the appeals. The Court issued several oral rulings and an unpublished opinion on September 17, 2018. Co-Counsel: Charles Ray McCarter & English, LLP City Place | 185 Asylum Street Hartford, Connecticut 06103 860-275-6774 Opposing Counsel: Louis Bucari 2 ©

First Assistant Commissioner & General Counsel Department of Revenue Services 450 Columbus Boulevard—11" Floor Hartford, Connecticut 06103 860-297-5798 (5) HLP Props, LLC, et al. v. Consol. Edison Co. of N.Y. Inc., No. 14-cv-1383 (SDNY) 1 represented the plaintiffs in this CERCLA matter before The Honorable Lorna Schofield of the U.S. District Court for the Southern District of New York, which concerned liability for remediating a valuable piece of property on Manhattan's West Side. | argued several motions, defended the depositions of the plaintiffs senior executives and others, selected and defended our expert witnesses, and ‘mediated and settied the case before Magistrate Judge Sarch Netburn. Unreported decisions issued on November 21, 2014, February 5, 2015, and August 28, 2015. The Court also issued several rulings orally. Ultimately, as noted, the case setled. Co-Counsel: Jeffrey Gracer Sive, Paget & Riesel P.C. 560 Lexington Avenue 15" Floor New York, New York 10022 2124212150 Opposing Counsel; Philip E. Karmel Bryan Cave 1290 Avenue of the Americas New York, New York 10104-3300 2125412311 Thomas J. Kavaler Cahill Gordon & Reindel LLP 80 Pine Street New York, New York 10005 212-701-3406 (©) Chacon, et al. v. LeFrak Org, Inc, ef al, No. 13-cv-2759 (SDN.Y.) In this case alleging discrimination under the Fair Housing Act and the New York City Human Rights Law, | argued the defendants’ motions to dismiss the original 2

and amended complaints and represented the defendants in mediation and in seulement negotiations. The Honorable Denise L. Cote issued an unreported decision on the defendants’ motion to dismiss the amended complaint on December 13,2013. Ultimately, the case settled. Opposing Counsel: Diane L. Houk Emery Celli Brinckerhoff & Abady LLP 600 Fifth Avenue 10" Floor New York, New York 10020 2127635000 Armen H. Merjian Housing Works, Inc. 57 Willoughby Street Lower Level Brooklyn, New York 11201 718-408-6502 (7) Francois v. Mazer, et al., No. 09-cv-03275 (S.DN.Y.) Ms. Francois, a domestic worker whom Gibson, Dunn & Crutcher LLP represented at the request of the Urban Justice Center, alleged that her employer had battered her and had violated the Fair Labor Standards Act and the New York Labor Law. | tried this case before a jury and The Honorable Katherine B. Forrest of the U.S. District Court for the Southern District of New York and obtained a plaintifi’s verdict on the federal and state wage and hour claims, as well as on Ms. Francois’ assault claim. The case ended when the United States ‘Court of Appeals for the Second Circuit affirmed the District Court's judgment by Summary Order on June 25, 2013. An unreported decision issued on February 8, 2012. Opposing Counsel: George Rosenbaum Rosenbaum & Rosenbaum, P.C. 100 Wall Street 15" Floor New York, New York 10005-3808 212-514-5007 (8) New York Skyline, Inc, et al. . City of New York, etal, Index No. 10684072011 (Sup. Ct. N.Y. Cty.) 27

“This case involving statutory and constitutional claims challenged New York City Police Department (“NYPD?) arrests of New York Skyline (“Skyline”) ‘employees who sold tickets on City streets to “Skyride,” a virtual helicopter tour of New York City from atop the Empire State Building. After awarding the petitioners a temporary restraining order and preliminary injunction, The Honorable Donna Mills, New York State Supreme Court, New York County, denied the petition in 2 decision issued on September 20, 2011. In 2012, New ‘York's Appellate Division, First Department (the “First Department”), reversed and ruled for Skyline. The case ended when the New York Court of Appeals. denied the City’s motion for leave to appeal. 1 argued two motions in the First Department, including a successful application for a temporary restraining order preventing the City and the NYPD from ticketing and resting Skyline ticket agents. 1 also led the briefing efforts in the tial court and on appeal, Opposing Counsel: Mark W. Muschenheim New York City Law Department 100 Church Street New York, New York 10007 212-356-2186 (9) Home Depot US.A., Inc. v. Mich. Dep't of Treasury, No. 301341 (Mich. Ct. App.) and No. 07-0001 18-MT (Mich. Ct. CL). In this case in which Home Depot sought a refund of sales taxes paid on behalf of private label credit card customers who ultimately did not pay for their purchases (or the applicable sales tax), I played a leading role in the tial court litigation before The Honorable Rosmarie E. Aquilina and then argued before the Michigan Court of Appeals for an affirmance of Judge Aquilina’s grant of summary judgment in Home Depot's favor. An unpublished per curiam opinion affirming that decision issued on May 24, 2012. “The case ended when the Michigan Supreme Court denied the Michigan Department of Treasury's application for leave 10 appeal. Co-Counsel: Christopher J. Nelson (formerly of Butzel Long) Plante Moran 3000 Town Ctr FI 4 Southfield, Michigan 48075-1172 248-223-3350 Opposing Counsel: Bruce C. Johnson 28

Assistant Attomney General G. Mennen Williams Building 7* Floor 525 Ottawa Street P.O. Box 30754 Lansing, Michigan 48909 517-373-1146 (10) In re Asarco LLC, No. 05-bk-21207 (Bankr. $.D. Tex.) 1 represented Lehman Brothers, and subsequently, Barclays Capital Inc. (“Bar Cap"), in connection with these Chapter 11 bankruptcy proceedings before The Honorable Richard Schmidt of the U.S. Bankruptcy Court for the Souther District of Texas. In 2010, ried Bar Cap’s application for a fee enhancement. Judge Schmidt issued an unpublished ruling on December 2, 2010, granting in part and denying in part Bar Cap’ application. Bar Cap then retained Texas counsel to handle further proceedings, including before The Honorable Andrew Hanen of the U.S. District Court for the Southern District of Texas and the U.S. Court of Appeals for the Fifth Circuit. Opposing Counsel: Marty L. Brimmage, Jr. Akin Gump Strauss Hauer & Feld LLP 1700 Pacific Avenue Suite 4100 Dallas, Texas 75201-4624 214-969-2885 18. Legal Activities: Describe the most significant legal activities you have pursued, including significant litigation which did not progress to trial o legal matters that did not involve litigation. Describe fully the nature of your participation in these activities. List any client(s) or organization(s) for whom you performed lobbying activities and describe. the lobbying activites you performed on behalf of such client(s) or organizations(s). (Note: As to any facts requested in this question, please omit any information protected by the attorney-client privilege.) Most of my legal activities have related to tigation. My ten most significant matters are: described in response to Question 17 above. In addition, as an associate at Gibson, Dunn & Crutcher LLP (“Gibson Dunn”), | worked extensively on behalf of Cablevision, Madison Square Garden, and several community groups in connection with liigation challenging New York City’s sweeping proposal to build a stadium for the New York Jets on Manhattan’s West Side. The New York State Public Authorities Control Board ultimately declined to approve the project. Beyond litigating in court, I also have spent considerable time analyzing potential claims. Moreover, throughout my career, | have mentored younger attorneys (both formally, through Gibson Dunn mentoring programs, 2

and informally) and recruited law students and lateral candidates. For many years, | also have been involved in evaluating associate performance in connection with Gibson Dunn's formal review process, including its review of partnership candidates. To the best of my recollection, | have not performed lobbying activities. 19. Teaching: What courses have you taught? For each course, state the ttle, the institution ‘at which you taught the course, the years in which you taught the course, and describe: briefly the subject matter of the course and the major topics taught. If you have a syllabus of each course, provide four (4) copes to the committee. Ihave not taught courses. 20. Deferred Income! Future Benefits: List the sources, amounts and dates of all anticipated receipts from deferred income arrangements, stock, options, uncompleted contracts and other future benefits which you expect to derive from previous business relationships, professional services, firm memberships, former employers, cients or customers. Describe the arrangements you have made to be compensated in the future for any financial or business interest. None to my knowledge, except for any compensation I will or may receive upon departing, or following my departure from, the partnership of Gibson, Dunn & Crutcher LLP. 21. Qutside Commitments During Court Service: Do you have any plans, commitments, ‘or agreements to pursue outside employment, with or without compensation, during your service with the court? If so, explain. No, except to the extent the ethics rules and other authorities permit me to remain the Managing Member of The Rearden Family LLC, in which case 1 will continue serving in that role (which is uncompensated). I plan to continue my non-fiduciary memberships to the extent the cthics rules and other authorities permit me to do so. 22. Sources of Income: List sources and amounts of all income received during the calendar year preceding your nomination and for the current calendar year, including all salaries, Tees, dividends, interest, gift, rents, royalties, licensing fees, honoraria, and other items exceeding $500 or more (if you prefer to do so, copies of the financial disclosure report, required by the Ethics in Government Act of 1978, may be substituted here). ‘When my nomination is formally transmitted to the Senate, I will file my mandated Financial Disclosure Report and wil supply a copy to this Committee. 23. Statement of Net Worth: Please complete the attached financial net worth statement in detail (add schedules as called for). See attached Net Worth Statement. 30

24. Potential Conflicts of Interest: a. Identify the family members or other persons, partes, categories of litigation, and financial arrangements that are likely to present potential conflcts-of-interest ‘when you first assume the position to which you have been nominated. Explain how you would address any such conflict if it were to arise. If confirmed, | will recuse myself in an litigation in which I have ever played any role. | would address any conflicts arising fom my partnership in Gibson, Dunn & Crutcher LLP by following 28 U.S.C. § 455, Canon 3 of the Code of Conduct for United States Judges, and any and all other applicable authorities, which | assume might require me t0 recuse for at least some period of time from cases in which the firm is involved. | will evaluate on a case-by-case basis any other real or potential conflict, or relationship that could give rise o the appearance of a conflict, including my memberships in Berkeley Electric Cooperative, The Blackstone Group L.P., the Darien Junior Football League, Kappa Alpha Thea, the NYU Law Alumni Association, Recreational Equipment, Inc. (REI), the Yale Alumni Association, the Yale Club of New York City, and Wee Burn Country Club, taking into account input from the partes and their counsel, b.. Explain how you will resolve any potential conflict of interest, including the procedure you will follow in determining these areas of concern. If am confirmed, | will carefully review and address any real or potential conflicts on a case-by-case basis, in accordance with 28 U.S.C. § 455, Canon 3 of the Code of Conduct for United States Judges, and all other applicable authorities. 25. Pro Bono Wark: An ethical consideration under Canon 2 of the American Bar ‘Association's Code of Professional Responsibility calls for “every lawyer, regardless of professional prominence or professional workload, to find some time to participate in serving the disadvantaged.” Describe what you have done to fulfil these responsibilities, listing specific instances and the amount of time devoted to cach. My principal pro bono matters have consisted of representing (i) the New York City Center for Charter School Excellence as an amicus curiac in a high-profile consolidated case (N.Y. Charter School Ass'n v. Smith and Found. for a Greater Opportunity v. Smit) in the Appellate Division, Third Department, where the court overturned a New York Department of Labor opinion that charter schools were subject to New York's “prevailing ‘wage requirements (43 hours); (i) a Vermont civil union spouse before the Appellate Division, Third Department and administrative tribunals in connection with his New York State Workers’ Compensation spousal death benefit claim (391 hours); and (if) a domestic worker whose employer had battered her and also had violated the Fair Labor Standards Act and the New York Labor Law. At trial in the Souther District of New York, the jury found for our client on the federal and state wage and hour claims as well 3

as on her assault claim (379 hours). 26. Selection Process: a. Please describe your experience in the entire judicial selection process, from beginning to end (including the circumstances which led to your nomination and the interviews in which you participated). Is there a selection commission in your jurisdiction to recommend candidates for nomination to the federal courts? If so, please include that process in your description, as well as whether the commission recommended your nomination. List the dates of all interviews or ‘communications you had with the White House staff or the Justice Department regarding this nomination. Do not include any contacts with Federal Bureau of Investigation personnel concerning your nomination. In May 2016, 1 expressed an interest in serving as a U. S. District Judge for the Southem District of New York to Senator Kirsten Gillibrand. From that time through November 2019, I periodically had contact with Senator Gillibrand and her office. Later in 2016, | communicated with the Chairman of Senator Schumer's Judicial Screening Panel, and in January 2017, I submitted a Confidential Questionnaire for U.S. District Court Candidate to the Screening Committee for Senator Charles E. Schumer. In June 2019, I submitted an updated Confidential Questionnaire for U.S. District Court Candidate to Senator Schumer’s office. Between late 2016 and October 2019, I periodically ‘communicated with the Chairman of Senator Schumer's Judicial Screening Panel and Senator Schumer’s office. On June 14, 2018, | interviewed with attomeys from the Office of White House Counsel and the Department of Justice’s Office: of Legal Policy. On November 18, 2019, the Office of White House Counsel informed me that the vetting and background checks necessary for nomination would begin. Since then, | have been in regular contact with the Office of Legal Policy and also have communicated with the Office of White House Counsel. b.. Has anyone involved in the process of selecting you as a judicial nomince discussed with you any currently pending or specific case, legal issue or question ina manner that could reasonably be interpreted as seeking any express or implied assurances concerning your position on such case, issue, or question? If 50, explain fly. No. 32

i EA Ta be ny ll id [ommires OU] [mmmmmmmion TTT] [is eerie TTT Trasmpweromsomes || || inst sere 3500 7 mmm] [ote T TT Tounmmname | || [renters TT 1 Jsmmmemiuem | 57150] [octets TTT Toman || Dormer T TT Jones || [ows [| [Ease | a ree sme 00 [cenmmamrmramrerme ||| [is ceemrpeee—|| Tomsmeume ||] esomepmetmee | TTT] [eomsettmenn Tole] loacame TT [ [T1 orem [imma] Ctr TTT Tee | Twim TTT Tem Tam [ome [Si 0 rman [sn] I mes TT 1 commons | | | [eeonmpne ||| [rem mesprossmns | So] [ovmene || [g| Sameee ie] [7] fom TT Tape |e] [emer [TT [owas 1 TT]

FINANCIAL STATEMENT JENNIFER REARDEN NET WORTH SCHEDULES ‘Abbvie Inc Stock 520255 AT&T Inc Stock 37,620 Blackstone Group Inc CL A Stock 39,696 Centurylink Inc stock 519 Cummins Inc Stock 23,996 Dominion Energy Inc Stock 23,581 Dow Ino Stock 16125 Dupont De Nemours Ine Stock. 6.807 Emerson Electr Co Stock 21,489 General Mill Inc Stock 26,110 International Business Machine Corp Stock 28746 Merck & Co lnc New Stock 29.904 Novartis AG Stock 25,990 Naveen Funds ~ Nuveen New York AMT Free Quarterly Inc Fd 18744 Nuveen Funds ~ Nuveen Quality Municipal Income Fund 36,799 Proctor & Gamble Co Stock 41,748 Qualcomm Inc Stock 42,655 Royal Dutch Shell PLC ADR CL A Stock 26075 Royal Dutch Shel PLC ADR CL B Stock 2312 Southem Company Stock 38.720 Target Corp Stock 3222 Total S.A. Spons ADR stock 20,866 UBS Group AG Stock 12370 Wisdom Tree Funds - Wisdom Tree Japan Hedged Equity Fund 10314 ‘American Funds - Growth Fund America, mutual fund 13,089 ‘American Funds ~ New Perspecive Fund, mutual fund 11877 ‘American Funds ~ Washington Mutual Investors Fd, mutual fund 10480 NYC Muni Water Fin Authority 5.0% Muni Bond duc 6/15/43 21,165 American Funds - Europacific Growth Fund, mutual fund 33351 ‘American Funds - Growth Fund America, mutual fund 50,087 ‘American Funds — Washinglon Mutual Investors Fund, mutual 53,816 Vanguard TotalBond Market 290,072 Vanguard Windsor [I Adm 27,460 Vanguard S&P 500 Inst Plus Index 367,105 EuroPacific Growth Class R-6 532473 Vanguard S&P Mid Cap 400 Fund 235,587 Vanguard Small Cap Value Index 50,525 Total Listed Securities $2,509,427

FINANCIAL STATEMENT JENNIFER REARDEN NET WORTH SCHEDULES Real Estate Owned Personal Residence $925,000 Total Real Estate Owned $925,000 Real Estate Mortgages Payable: Personal Residence - Mortgage $760,102 ‘Total Real Bstate Mortgages Payable $760,102

AFFIDAVIT I, ¥ , do swear §omemfo tt Rearden fe IPolnation provided in This statement 15, to the best of my knowledge, true and accurate. 18/1F/2014 J . (DATE) (NAME) C Suphdn hc Fora / \ ROSEMARY HcCAG: Nea pt or \ wo. O1iGS020 Qualified In Queens Cou! comet [— on ater oo ‘No. 01M08026651. aut cream cary Commilon Expres Api 25, 2022

Filters SVG