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, Co-Chair of the Business Litigation Practice Group and a member of the Executive Committee of Willkie Farr & Gallagher LLP in New York. Mr. Baio specializes in general commercial litigation and trial practice, securities law and SEC and other governmental, regulatory and internal investigations. Mr. Baio has tried cases before juries and judges in a wide array of significant business disputes, including claims involving breach of contract, fraud, ERISA, breach of fiduciary duty, Lanham Act liability, copyright infringement, tax liability, professional malpractice, fraudulent conveyance and not-for-profit law, among others. He 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.

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.

• Arista Records LLC, et al. v. Lime Wire LLC (S.D.N.Y, Wood, J., 2010-2011): Jury trial. Represented defendant Lime Wire and its founder in damages phase of multibillion-dollar trial against the major record companies for inducing copyright infringement. Obtained favorable settlement during second week of trial following cross-examination of CEO of Warner Music Group.
  
  
• State of New York v. WRBC, et al. (Adm. Tax Court, 2009-10): Lead counsel in trial over petitioners alleged responsibility for sales tax and penalties in connection with multi purchase and operation of Corporate Aircraft. Petitions granted, no tax liability for clients.
  
  
• Champion Enterprises,Inc. v. Credit Suisse, Individually and as Agent for Various Participating Lenders (Del.D. Ct. Del., Bank. C., 2009-2011): Lead trial counsel for Credit Suisse in fraudulent conveyance action. Principal claims dismissed on motion to dismiss.
  
  
• In re Cast Art (New Jersey Superior Court, Middlesex County, Paley, J.): Lead counsel for defendant in five-week accountant-malpractice jury trial. Damage award for plaintiffs reversed by appellate court; retrial ordered on damages. On appeal to New Jersey Superior Court.
  
  
• Fishman v. Zurich Supplemental Executive Retirement Plan (Federal District Court, Northern District of Illinois, Shadur, J., 2005-08): Lead counsel representing defendant and counterclaimant in ERISA litigation challenging "Top Hat" status of SERP. Summary judgment granted dismissing complaint and awarding judgment on client’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 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.
  
  
• Duncan v. Columbian Life Insurance Company (2000-2004): Lead 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 favorably during jury selection.
  
  
• The Hartford Art School, Inc. v. University of Hartford (2002): Lead counsel for the plaintiff after month-long trial in matter involving ownership and use of multi million dollar Endowment Fund. Verdict and judgment for client following trial.
  
  
• In re Livent, Inc. (2000): Represented, as lead litigator, Livent in international bankruptcy proceedings and trial as to disposition of assets.
  
  
• U.S. v. BCCI (through 2000): Over an 8-year period, represented a major financial institution and individuals in the various proceedings following the collapse of BCCI.