Joseph T. Baio Partner MAIN OFFICE: New York Willkie Farr & Gallagher LLP 787 Seventh Avenue New York, N.Y. 10019-6099, U.S.A. T 212-728-8203 F 212-728-9203

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Joseph T. Baio is a partner in the Litigation Department and Co-Chair of the Business Litigation Practice Group of Willkie Farr & Gallagher LLP in New York.  Mr. Baio specializes in general commercial litigation, securities law, class action litigation, and SEC and other governmental, regulatory and internal investigations.  Mr. Baio also regularly advises Boards of Directors and Audit Committees of public companies.

Mr. Baio has held a number of management positions at the firm, including Chair of the Marketing Committee and Professional Personnel Committee.  He has also served on the firm’s Executive Committee.

Mr. Baio is a frequent lecturer at Columbia University School of Business and the Directors’ Network, an organization that instructs members of Boards of Directors on their responsibilities and potential liabilities under state and federal law.

Mr. Baio is currently a trustee of Aperture Foundation, a not-for-profit organization designed to preserve and promote fine art photography.

Selected Significant Recent Matters:

• Fishman v. Zurich Supplemental Executive Retirement Plan,  Federal District Court, Northern District of Illinois (Shadur, J.) (2005-08)

Representing defendant and counterclaimant in ERISA litigation challenging "Top Hat" status of SERP.  Summary judgment granted dismissing complaint and awarding judgment on defendant's counterclaim.

• Dayton Power and Light Corp. v. Forster, et al.: Ohio State Court (O'Connell, J) (2005-07).

Month long jury trial.  Chief trial lawyer for former CEO in litigation over company’s claim for $150 million and client’s counterclaim for improper withholding of benefits and alleged breach of fiduciary duty.  Settled before jury deliberations with payment of $25 million to client and co-defendants.

• In re Cablevision Securities Litigation: NY State Court, NY Federal Court and Delaware Chancery Court (2006-08).

Representation of various Committees of Cablevision’s Board of Directors in connection with class action litigations and derivative suits arising out of a series of proposed multi-billion dollar transactions.

• Verizon Directories Corp. v. Yellow Book USA, Inc.  (E.D.N.Y.) (Weinstein, J.) (2004)

Co-counsel for defendant in two-month bench trial.  Judge awarded plaintiff no damages in Lanham Act case alleging unfair trade practices.

• In re Acclaim Securities Litigation: NJ Federal Court (2004-05).

Lead counsel for defendant accounting firm in Federal Securities class action and trustee’s claim in bankruptcy.  Settled through mediation.

• Dutch Petroleum (Shell) Securities Litigation: Federal District Court (2004-05).

Lead counsel for one of the defendant accounting firms:  Case dismissed against client.

Also, serving as lead counsel for hedge funds, private equity firms and individuals in the following SEC, NYSE, DOJ and foreign regulatory investigations:

• In re Freddie Mac.
  
  
• In re Trading in the Securities of First Commercial Financial, Inc.
  
  
• In re Trading in the Securities of Mylan Laboratories.
  
  
• In re PIPES Trading.
  
  
• In re Trading in the Securities of LG Card Co.:  US counsel for company in connection with insider trading investigation by Korean Government.
  
  

Additional Significant Matters:

• In re National Energy & Gas Transmission, Inc. (2003-2004): Lead trial counsel in litigations arising in bankruptcy proceedings involving subsidiary of PG&E Corporation.
  
  
• Duncan v. Columbian Life Insurance Company (2000-2004): Lead trial counsel in putative class action litigation alleging race discrimination in connection with the sale of life insurance policies.  Settled.
  
  
• In re Oxford Securities Litigation (2002-2003): Lead trial counsel for accounting firm defendant in multi-billion dollar class action litigation, Settled.
  
  
• The Hartford Art School, Inc. v. University of Hartford (2002): Secured judgment as lead trial counsel for the plaintiff after month-long trial in matter involving ownership and use of multi-million dollar Endowment Fund.
  
  
• Bryan v. The Pep Boys (2001): Obtained judgment on behalf of the defendant in litigation challenging forfeiture clause in “Top Hat” Pension Plan.
  
  
• In re Golden Books (2001): Successfully represented debtor in trial over sale of assets.
  
  
• In re Livent, Inc. (2000): Represented Livent as lead litigator in international bankruptcy proceedings and trial as to disposition of assets.
  
  
• U.S. v. BCCI (through 2000): Over an 8 year period, representing a major financial institution and individuals in the various proceedings following the collapse of BCCI.
  
  
• Heller v. Equity Marketing, Inc. (1999-2000): Obtained verdict after trial for defendants; court rejected plaintiff's demand for warrants and other securities under quantum meruit theory; upheld on appeal.

• Accounting Irregularities and Financial Fraud:  A Corporate Governance Guide (Aspen Publishers, Inc. 2007), Authored Chapter: “Dealing with the Regulators.”
  
  
• Columbia University School of Business, Business and the Law. Since 1997 to the present, regularly lecturing MBA students and those enrolled in the Executive Management Program.
  
  
• Directors’ Network.  Since 1995, regularly instructing Boards of Directors of public companies on their fiduciary duties, D&O liability and crisis management.