Jay G. Safer

Jay G. Safer, Partner

Litigation & Dispute Resolution Group

Education

Mr. Safer is a graduate of Columbia Law School and Vanderbilt University

Illustrative Professional Experience

Jay G. Safer has handled complex litigation and arbitration in the United States and abroad. Jay represents clients in matters concerning contracts, antitrust, securities, RICO, qui tam, FCPA, international litigation and arbitration, including application of the New York Convention and enforcement of foreign judgments and arbitration awards, banking, financial institutions, corporate governance, technology, privacy, insurance, construction, real estate, labor and employment, media, product liability, health care, professional ethics, financial, constitutional and regulatory issues, mediation, and class actions. He also counsels clients on commercial matters, including protection and preventive measures, creation of risk litigation plans, e-signature, e-discovery and e-readiness, and pre-litigation analysis. He has represented clients in international litigation, including domestic and foreign clients in courts outside the United States and foreign clients in United States courts, including a foreign government. He has represented clients from the United States and around the world in international arbitrations. He has worked with esteemed counsel in foreign countries in cases in courts of different countries and provided advice concerning the application and comparison of United States law and laws of other nations. Jay is familiar with the laws and procedures utilized in judicial systems abroad and has worked closely with lawyers practicing in many different countries. Some of these matters include the following.

  • Handled securities fraud trial in 10(b)(5) action in Federal District Court.
  • Handled TRO and Injunctions including evidentiary hearings in Federal and State courts.
  • Litigated antitrust claims involving complex issues including under Sections 1 and 2 of the Sherman Act and Section 7 of the Clayton Act in Federal District Court.
  • Litigated federal securities fraud claims including under the Securities and Exchange Act, Securities Act, and State securities laws in Federal District Courts including class action.
  • Litigated fiduciary claims.
  • Involved in investigations of allegations of bribery and fraud in the U.S. and outside the U.S. including review of the FCPA.
  • In muiltidistrict litigation litigated fraud claims involving bond fund under Federal and State law.
  • In multididistrict litigation litigated fraudulent conveyance claims in class action.
  • Litigated fraud and contract claims and other cases in Commercial Division of the New York State Supreme Court and Federal District Courts nationwide.
  • Represented client in qui tam action involving fraud and FCA claims by Relator and the Government.
  • Represented clients involving lease and loan cases in Federal District Court and Bankruptcy Court.
  • Litigated claims arising from M & A Agreements in Federal and State Courts and arbitration.
  • Litigated franchise contractual claims.
  • Litigated employment cases including wrongful termination claims.
  • Litigated cases involving forgery claims and experts.
  • Involved in trial of will contest and estate claims in New York Surrogates Court.
  • Litigated cases involving insurance and settlement issues.
  • Litigated and arbitrated construction cases involving owners, contractors, and architects.
  • Litigated cases involving regulatory examinations and corporate governance.
  • Litigated legal and professional malpractice claims.
  • Represented client in challenges to State and Agency regulations.
  • Represented foreign and U.S. clients in cases involving litigation in foreign courts.
  • Represented foreign and U.S. clients in U.S. and International arbitration.
  • Represented clients in confirmation of U.S. and international arbitration awards in Federal District Courts and state courts including enforcement under the New York Convention and the FAA.
  • Represented clients in cases involving forum non conveniens issues.
  • Represented clients in defamation case.
  • Represented clients in mediations involving variety of claims.
  • Argued appeals in Federal and State courts including the Court of Appeals of the State of New York and the United States Court of Appeals for the Second Circuit.
  • Jury and non-jury trial experience.

Presentations

Jay has served on panels, bench-bar forums, and a member of committees with judges and attorneys discussing and speaking on a wide range of civil litigation issues, litigation skills, and U.S. and international arbitration and international litigation practice, including trial practice, cross examination for the National Institute for Trial Advocacy, best pre-trial practices, successful depositions, class actions, FCPA, expert trial and discovery issues, mediation, professional ethics, e-discovery, e-signature and e-records. He has presented numerous programs and seminars on U.S. and international arbitration and litigation to foreign judges, lawyers, and law students visiting the United States and at seminars abroad. He is frequently requested by national organizations to give in-person and broadcast programs nationwide including video and webinar presentations on such subjects. Examples of presentations include a recent Lawline program Jay did on depositions which was recommended by 100% of the audience, programs on forgery and fraud, including to the Manhattan DA's Office, presentations to forensic accountants, and programs on obtaining and using experts in litigation and working with them in depositions and trials. Recent presentations include on the FCPA, depositions, civil trial practice, e-discovery, and class actions, including a panel with Judges from the Court of Appeals New York’s highest state court and the First Department of the Appellate Division. Moreover, in the International Section of the NYSBA, Jay serves as Co-Chair of the International Litigation Committee, on the Executive Committee, named Co-Chair of next year's world wide meeting in Latin America, Chair of a litigation and arbitration panel in October 2016 in the Section’s Paris meeting, and has presented panel programs each year for the past 5 years throughout the world in Sao Paulo, Vienna, Vietnam, Lisbon, and Panama, and is and has been Chair of Global Law week panels in New York every two years.

Awards and Recognitions

  • He is an adjunct professor at Fordham Law School teaching foreign lawyers on the management of U.S. litigation, and the role of arbitration and mediation in U.S. proceedings.
  • Named as a New York SuperLawyer
  • Named as a Top Rated Lawyer in Commercial Litigation
  • Named as a Top Rated Business Attorney
  • Named as a Top Rated Lawyer in Banking and Finance Law
  • Named as a Top Rated Lawyer in Technology Law
  • Achieved AV Preeminent® Peer Review Rating
  • Jay was appointed by the Chief Judge of the State of New York, the Hon. Jonathan Lippman, to the newly created permanent Commercial Division Advisory Council that will advise the Chief Judge and the Judiciary on all matters involving the Commercial Division of the State of New York.
  • Jay was appointed to the Advisory Group to the Joint New York State Federal Judicial Council consisting of Federal and State Judges appointed by the Chief Judge of the State of New York and the United States Court of Appeals for the Second Circuit.
  • Jay was appointed to serve on the Planning Committee for the Judicial Conference of the U.S. Court of Appeals for the Second Circuit, which he attended.
  • Jay was appointed by the New York State Chief Administrative Judge to serve on her Advisory Committee on the Civil Practice Law and Rules.
  • Jay was appointed by Chief Judge Judith S. Kaye to serve on a Special Commission on the Future of the New York State Courts. The Commission is composed of lawyers, civic leaders, government and private sector representatives, academicians, and sitting and former trial and appellate court judges. The Commission’s charge is to redesign the state’s trial court structure.
  • Jay is the Past Chair of the 2,000 member Federal & Commercial Litigation Section of the New York State Bar Association and is the Co-Chair of its Federal Judiciary Committee.
  • Jay was named a member of the Lawyers Committee of the National Center for State Courts.
  • Jay served as a Federal Judiciary Chair representing the Commercial and Federal Litigation Section of the New York State Bar Association for the 225th Anniversary of the Unite States District Court for the Southern District of New York and the 150th Anniversary of the United States District Court for the Eastern District of New York. Jay coordinated creation of a Bibliography of United States District Court Judges of the Southern District of New York and presentations for the 225th and 150th Anniversaries of the Southern District of New York and the Eastern District of New York.
  • New York State Bar Association, Past Vice President, First Judicial District and Member of the NYSBA Executive Committee
  • New York State Bar Association, Vice-Chair, Co-Chair, Federal Judiciary Committee, Member of Executive Committee, Commercial and Federal Litigation Section
  • New York State Bar Association, Co-Chair International Litigation Committee and Member of Executive Committee, International Section
  • New York State Bar Association, Dispute Resolution Section
  • New York City Bar Association, Past Chair of Council on Judicial Administration, Special Committee on Judicial Selection, and Committee on State Courts of Superior Jurisdiction
  • New York City Bar Association, In-House/Outside Counsel Litigation Committee
  • New York City Bar Association, International and Commercial Disputes Committee
  • New York City Bar Association, Council on International Affairs
  • Federal Bar Council
  • American Bar Association
  • New York County Lawyers Association, Past Member of the Board of Directors, Audit Committee, and Committee on Committees
  • New York County Lawyers Association, Past Co-Chair of the Foreign and International Law Committee, Past Co-Chair of the Committee on Election Law
  • New York State Supreme Court, Advisory Committee on the CPLR to the Chief Administrative Judge of New York State
  • New York State Supreme Court, Advisory Committee on the Commercial Division to the Chief Administrative Judge of New York State
  • New York State Supreme Court Commercial Division, Advisory Committee to the New York County Commercial Division and the Kings County Commercial Division Judges
  • Past Member of the Board of the Fund and Committee for Modern Courts
  • Jay has been a member of The Sedona Conference Working Group on Electronic Document Retention and Production (WG1) and The Sedona Conference Working Group on International Electronic Information Management, Discovery and Disclosure (WG6).

  • Jay has been a member of the Advisory Board of the Institute for Transnational Arbitration (ITA).

  • Past Member of the Board of the American Bar Foundation Fellow
  • Past Member of the Board of the New York Bar Foundation Fellow

Publications

Mr. Safer has made appearances on television and authored numerous articles and publications including:

  • Author, “Magistrate Judges and Special Masters,” Chapter 31, Business and Commercial Litigation in Federal Courts, West Publishing, Third Edition (2015)
  • Author, “Contracts,” Commercial Litigation in New York State Courts, Chapter 66, West Publishing, Third Edition (2015)
  • Co-Author, “Case Study on Successful Partnering Between Inside and Outside Counsel”, Successful Partnering Between Inside and Outside Counsel, Thomson West Publishing
  • An Arbitration Primer for Litigators, Chapter on Post-Award Issues (2015)
  • Co-Author, “Consumer Class Actions in Which No Harm Occurred”, Corporate Counsel (2014)
  • Presenter, “How Inside and Outside Litigation Counsel Can add Value and Reduce Costs for Corporate Clients – Fee Arrangements, Budgeting and Billing,” NYSBA Annual Meeting (Summer 2011)
  • Contributor, “Brochure: International Arbitration,” Locke Lord (April 26, 2011)
  • Interview Subject, “Cover Story regarding Project Finance in India,” Lex Witness (October 15, 2010)
  • Co-Author, “Client Alert: Supreme Court Rules No Class Arbitration Absent Contractual Basis,” Locke Lord (April 29, 2010)
  • Panelist, “Implementation – What Methods, If Any, Can Be Employed To Promote The Existing Rules’ Attempts to Protect Private Identifier Information From Information Access,” Conference on Privacy and internet Access to Court Files, Fordham University School of Law (April 13, 2010)
  • Featured, “City Bar Urges Statewide Rule Limiting Personal Date in Civil Filings,” New York Law Journal (February 17, 2010)
  • Contributor, “e-Matters: 6-Point Framework,” Locke Lord (October 8, 2009)
  • Contributor, “e-Matters: ESIGN Workshops,” Locke Lord (October 1, 2009)
  • Co-Author, “e-Matters Alert: 2008 Case Law Review” (January 26, 2009)
  • Client Alert: Second Circuit, in Case of First Impression, Interprets Class Action Fairness Act to Provide Federal Jurisdiction for State Law Consumer Fraud Action Not Involving Nationally Traded Securities (May 19, 2008)
  • Co-Author, Lord, Bissell & Brook LLP Client Alert: From E-Discovery To E-Admissibility Lorraine v. Markel And What May Follow.