Lew Wiener, a corporate defense attorney with 25 years of trial and advocacy experience, represents banks, credit card companies, consumer finance companies and insurance companies in financial services litigation in state and federal courts throughout the United States. Head of Sutherland's Financial Services Litigation Team, Lew's vast commercial litigation and trial experience includes serving as class action defense and arbitration counsel (AAA, JAMS and international arbitration). He also represents clients in eminent domain/inverse condemnation and land-use litigation before state and federal trial and appellate courts. A former trial lawyer with the U.S. Department of Justice, Lew draws on his experience representing executive branch agencies to represent clients in court and advise corporate clients on regulatory and compliance matters at the federal and state level. While at the Department of Justice, Lew was twice recognized by the Attorney General for special achievement in the handling of significant litigation matters on behalf of the United States, and he was lead government counsel in the largest class action ever filed against the United States with damages in excess of $4 billion. Lew is a frequent lecturer on trial practices and litigation management and has published numerous articles on commercial and financial litigation and related topics. Representative Experience Lew's recent representative experience includes: · Successfully defeating class certification in a multi-million dollar putative class action filed in California federal court against a national consumer finance company. Stone v. Advance America, Cash Advance Centers, Inc., No. 08-CV-1549, AJB (WMc), 2011 WL 6151636 (Dec. 12, 2011). · Successfully representing a publicly traded power producer in its federal constitutional challenge to the enactment of a tax affecting only the national utility. GenOn Mid-Atlantic, LLC v. Montgomery County, Md., 650 F.3d 1021 (4th Cir. 2011). · Successfully securing a federal court ruling that upheld the validity of the arbitration clause in consumer finance contracts. King v. Advance America, Cash Advance Centers, Inc., Nos. 07-237, 07-3142, 2011 WL 3861898 (E.D. Pa. Aug. 31, 2011). · Successfully obtaining dismissal, prior to class certification, of a putative class action filed in federal court in New Jersey. · Successfully representing the residents of Dauphin Island, Alabama, in Fifth Amendment takings litigation filed against the United States. · Serving as outside counsel to the State of Rhode Island in environmental enforcement litigation against a Fortune 500 company. · Representing a large public utility bringing contract and tort claims against an international turbine manufacturer in federal court in Kentucky. Professional Honors and Awards · Selected as a Washington, DC Local Litigation Star by Benchmark Litigation (2011) · Recipient, Charles T. Lester Pro Bono Award (2011) · Recipient, Washington Lawyers Committee, Outstanding Achievement Award in the area of disability rights (2007, 2011) · Recipient, Montgomery County Baseball Association Coach of the Year (2009, 2010) · Commencement Speaker, State University of New York at Albany (2007) · Recipient, Golden Eagle Award for sustained and exemplary service to the U.S. Court of Federal Claims (2004) · Recipient, Randolph Thrower Award for distinguished service to the U.S. Court of Federal Claims Bar Association (2004) · Recipient, Distinguished Alumni Award, State University of New York at Albany (2002) Professional and Community Involvement · Treasurer and Past President, U.S. Court of Federal Claims Bar Association · Judicially appointed member, U.S. Court of Federal Claims Advisory Council (appointed by then-Chief Judge Lawrence Baskir, 2001-2004; reappointed by Chief Judge Edward Damich, 2004-present) · Co-chair, Advisory Board, State University of New York at Albany, Rockefeller College · Member, Board of Directors, Lawyers' Committee for Civil Rights and Urban Affairs (Washington, D.C.) · Member, Maryland Attorney General's Environmental Policy Advisory Board (2008-present) · Member, Board of Trustees, The Norwood School (Bethesda, MD) (2011-Present) · Member, Board of Trustees/Board of Directors, State University of New York at Albany, The University at Albany Foundation, Inc. (2011-Present) Publications and Speaking Engagements · "Q&A With Sutherland's Lewis Wiener," Class Action Law360 (November 24, 2010) · Chapter Co-author, "Litigation Against the Federal Government," Litigation Management, American Lawyer Media (October 2010) · Co-author, "No Class Arbitration on Parties Who Are Silent on the Issue," ABA Section of Litigation, Professional Liability Committee (June 2010) · Co-author, "The CARD Act: The Good, the Bad and the Ugly," Bank & Lender Liability (March 15, 2010) · Author, "Condemnation Clauses in Leases," Counsel to Counsel (November 2008) · Author, Wall Street Bailout Could Crimp CEO Pay (September 3, 2008) · Author, "Kelo v. City of New London: Paving the Way for New Development," Counsel to Counsel (November 2005) · Author, "Has the High Court Taken Away Private Property Rights?" Washington Legal Foundation (August 2005) · Co-author, "Responding to Regulatory Subpoenas," Counsel to Counsel (May 2005) · Co-author, "Advanced Construction Law in Washington, D.C.," National Business Institute Seminar (2002) · Co-author, "Construction Payment Remedies in Washington, D.C.," National Business Institute Seminar (2002) · Keynote Speaker, "Cross Examination of Appraisers and Other Experts in Condemnation Cases," CLE International 11th Annual SuperConference: Eminent Domain (February 10, 2012) · Guest, NPR The Diane Rehm Show, "The Constitution Today: Fifth Amendment," focusing on eminent domain (January 30, 2012) · Speaker, Understanding and Protecting Privileges - From Soup to Nuts for Tax Attorneys (August 5, 2010) · Speaker, "Don't Prosecute the General Counsel!" Association of Corporate Council (ACC) 2009 Annual Meeting (October 19, 2009) · Speaker, "ADR in Bloom," ABA Dispute Resolution Section 2007 Conference (April 25-28, 2007) · Moderator, "Lessons in Oral Advocacy," The Federal Circuit Bar Association's 18th Annual Bench & Bar Conference (2006) · Lecturer, "Opening Statements and Closing Arguments," and "Cross-Examining Expert Witnesses and Appraisers," 3rd Annual Eminent Domain National Conference, Las Vegas, NV (2006) · Lecturer, "The Fifth Amendment-From Penn Central to Kelo," Eminent Domain: Condemnation and Land Use Conference (2006) · Panelist, Urban Land Institute-New York District Council Program (2006) · Lecturer, "Cross-Examining Expert Witnesses and Appraisers," Eminent Domain: Insight and Analysis of the Issues (2006) Industries Financial Services News The Constitution Today: Fifth Amendment
January 30, 2012 Coming Full Circle - Lew Wiener: From Student to Trusted Advisor
October 5, 2011 Sutherland Successfully Argues that County Imposition is a Penalty, Not a Tax
August 3, 2011 Sutherland Summary Judgment Affirmed by Eighth Circuit in Malicious Prosecution Case
July 25, 2011 Sutherland Partner Named to University at Albany Foundation Board of Directors
June 24, 2011 Sutherland's Pro Bono Efforts Receive National Recognition
June 20, 2011 Sutherland 2010 Pro Bono Hours Add Up for Worthwhile Causes
April 27, 2011 Are Card Companies the "Bad Guys?"
May 21, 2009 Posted with permission KGO Radio - San Francisco "Wall Street Bailout Could Crimp CEO Pay"
Lewis Wiener comments on the legal ramifications of the Wall Street Bailout on executive compensation.
September 23, 2008 BusinessWeek Legal Alerts Legal Alert: Second Circuit Holds Class Action Waiver Unenforceable Where Individual Arbitration Would be Prohibitively Expensive, February 3, 2012 Legal Alert: New NLRB Ruling Curbs Arbitration Agreements, Raises Tensions with Supreme Court Precedent, January 19, 2012 Legal Alert: Supreme Court Rings in New Year with Another Ruling in Favor of Arbitration, January 12, 2012 Legal Alert: Tax Injunction Act Does Not Bar a Levy Imposed on a Single Entity, August 9, 2011 Legal Alert: CFPB: Important Comment Period on Nonbank Regulation, June 28, 2011 Legal Alert: Supreme Court Limits Federal Courts' Ability to Enjoin Relitigation of Class Certification in State Courts, June 24, 2011 Legal Alert: Wal-Mart Stores, Inc. v. Dukes: Supreme Court Reshapes Class Action Certification, June 20, 2011 Legal Alert: The Impact of AT&T Mobility v. Concepcion on Financial Services Companies: Inclusion of Arbitration Clauses in Customer Contracts and the Impact of Dodd-Frank, May 24, 2011 Legal Alert: Tenth Circuit Rules That Title Insurers Did Not Violate Antitrust Laws Even If They Allegedly Conspired to Bribe the State Superintendent of Insurance, May 3, 2011 Legal Alert: Supreme Court Holds That the Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements, April 28, 2011 Legal Alert: FDIC Seeks to Flex Muscles Notwithstanding Large Investigative Backlog, April 5, 2011 Legal Alert: FDIC Sanctions World's Foremost Bank, March 14, 2011 Legal Alert: Federal Fair Debt Collection Liability for Violation of State Licensing Laws, March 11, 2011 Legal Alert: U.S. District Court Retroactively Applies Dodd-Frank Whistleblower Restriction to Bar Arbitration Provision in Employment Agreement, March 11, 2011 Legal Alert: Second Circuit Holds Class Action Waiver Unenforceable in American Express Arbitration Agreement Despite the Supreme Court's Recent Decision in Stolt-Nielsen , March 10, 2011 Legal Alert: The Consumer Financial Protection Bureau: Structure, Mission and Limitation of Authority Prior to the Appointment of a Director, March 8, 2011 Legal Alert: Third Circuit Holds that Arbitrator Must Decide Whether Parties Agreed to Class Arbitration, February 18, 2011 Legal Alert: Wal-Mart v. Dukes: Supreme Court to Review Certification of "Gargantuan" Class, December 6, 2010 Legal Alert: Supreme Court Hears Argument in Significant Consumer Arbitration Case, November 10, 2010 Legal Alert: Georgia Supreme Court Upholds Strict Interpretation of the Georgia Daubert Statute, October 20, 2010 Legal Alert: New Whistleblower Protections for Financial Service Employees, October 1, 2010 Legal Alert: Supreme Court: If Clearly Delegated the Task, Arbitrator Decides When Arbitration Agreement is Unconscionable, June 21, 2010 Legal Alert: Supreme Court to Consider Whether Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements, June 1, 2010 Legal Alert: Federal Reserve Publishes Rules Implementing Provisions of the CARD Act Relating to Gift Cards, Gift Certificates and Prepaid Cards, May 7, 2010 Legal Alert: Stolt-Nielsen v. AnimalFeeds: U.S. Supreme Court Holds that Class Arbitration Cannot be Imposed on Parties Whose Agreements Are Silent on the Issue, April 28, 2010 Legal Alert: Shady Grove: No Sanctuary for Federal Class Action Defendants, April 5, 2010 Legal Alert: Supreme Court Clarifies Key Portion of Diversity Jurisdiction Statute, February 25, 2010 Legal Alert: Florida Supreme Court Ends Putative Class Action Alleging Numerous Florida Insurance Code Violations, December 1, 2009 Legal Alert: Change in Federal Rules Regarding Time Computation: A "Day" by Any Other Name Is Still a "Day", November 18, 2009 Legal Alert: Supreme Court Hears Argument in Case Affecting Corporate Defendants' Access to Federal Courts, November 12, 2009 Legal Alert: Eleventh Circuit Renders Landmark Decision On Application of the Interstate Land Sales Full Disclosure Act to Condominium Purchaser Litigation in Florida, October 5, 2009 Legal Alert: NAF Announces That It Will No Longer Arbitrate Consumer Disputes, and AAA Comes Tumbling After, July 27, 2009 Legal Alert: Economic Stimulus Package Creates New Whistleblower Protections for Employees of Government Contractors, March 9, 2009 Legal Alert: Federal Agencies Approve Final Rules on Credit Card and Overdraft Practices, December 23, 2008 Legal Alert: Georgia Supreme Court Imposes Stricter Guidelines for Limitation of Liability Clauses in Contracts, November 12, 2008 Legal Alert: New Federal Rule of Evidence 502 Addresses Waiver of the Attorney-Client Privilege and Work Product Doctrine, October 10, 2008 Legal Alert: Recent Class Action Developments in the Financial Services Industry, July 10, 2008 Legal Alert: Congress Passes Legislation Which Will Require Contractors to Self-Report Violations of Criminal and Civil Laws, July 8, 2008 Legal Alert: Federal Court Bars Surety's Counterclaims Challenging Claim Under AIA A312 Payment Bond to the Extent That They Were Available During the 45 Days Following Receipt of Claim, June 12, 2008 Legal Alert: Federal Agencies Propose Changes to Rules on Credit Card and Overdraft Services, May 7, 2008 Legal Alert: South Carolina Supreme Court Determines that Violation of Bond Statute by Government Entity Gives Rise to Private Right of Action by Contractor, April 21, 2008 Legal Alert: U.S. Supreme Court Rules Federal Arbitration Act Supersedes State Laws Vesting Jurisdiction in Administrative Forums, February 22, 2008 Legal Alert: Third Circuit Declares That Federal Arbitration Act Preempts State Law Decisions Invalidating Class Action Waivers in Arbitration Agreements, January 14, 2008 Legal Alert: Federal Court Holds Surety Must Pay Entire Claim Where it Fails to Respond Adequately Within 45 Days as Required by AIA A312 Payment Bond, October 16, 2007 Publications Q&A With Sutherland's Lewis Wiener
November 24, 2010 Reprinted with permission Class Action Law360, http://www.law360.com Litigation Management, American Lawyer Media
October 2010 No Class Arbitration on Parties Who Are Silent on the Issue
June 2010 Reprinted with permission the ABA Section of Litigation, Professional Liability Committee. © 2010 by the American Bar Association The CARD Act: The Good, the Bad and the Ugly
March 15, 2010 Reprinted with permission, Bank & Lender Liability Condemnation Clauses in Leases
November 2008 Reprinted with Permission Counsel to Counsel Wall Street Bailout Could Crimp CEO Pay
September 3, 2008 Kelo v. City of New London
November 2005 Reprinted with permission, Martindale-Hubbell Has the High Court Taken Away Private Property Rights? Insurance: Responding to Regulatory Subpoenas
The Counsel to Counsel article appearing on this Web site is provided with permission of LexisNexis® Martindale-Hubbell®. Counsel to Counsel, May 2005. Copyright 2005, Martindale-Hubbell, a division of Reed Elsevier Inc. Information about Martindale-Hubbell® products and services can be found at www.martindale.com http://www.martindale.com
May 2005 Posted with permission from Counsel to Counsel Events CLE International 11th Annual SuperConference: Eminent Domain
February 10, 2012 Understanding and Protecting Privileges - From Soup to Nuts for Tax Attorneys
August 5, 2010 Association of Corporate Council (ACC) 2009 Annual Meeting
October 19, 2009 ABA Dispute Resolution Section 2007 Conference "ADR in Bloom"
April 25- 28, 2007 The Federal Circuit Bar Association's 8th Annual Bench & Bar Conference
June 28 - July 1, 2006 3rd Annual Eminent Domain National Conference
May 11-12, 2006 Eminent Domain: Condemnation and Land Use Conference
May 4-5,2006 Urban Land Institute - New York District Council Program
April 26, 2006 Eminent Domain: Insight and Analysis of the Issues
April 20-21, 2006 |