Dispute Resolution Experience:
Served as an arbitrator (chair, panelist, and sole arbitrator) in over 200 complex multi-million dollar arbitrations and as a mediator in over 200 complex mediations. Handled arbitrations under various institutional rules and in ad hoc proceedings. Serves as a court-certified mediator. Matters handled include:
Commercial contracts: numerous disputes arising out of a broad range of commercial contracts, including failure to pay for goods or services, defective goods, deficient services, commercial code issues, breaches of warranty, failure to deliver, misrepresentations and fraud, wrongful termination of the agreement, secured transactions
Corporate mergers, acquisitions, dissolutions, and valuations: breaches of representations and warranties, post-closing adjustments, earn-outs, non-competes, asset valuations, fraud, entitlement to corporate information, business valuations
Intellectual property: royalties, R&D, license termination, ownership/use of IP, failure to provide contracted IP, copyright, domain name, trade name, trade secrets
Partnership and Joint Venture: entitlement to payments, removal of the general partner, breach of fiduciary duties, misappropriation, mismanagement, accounting
Insurance: E&O, D&O, Bermuda form, professional liability, rep & warranty, credit risk, property & casualty, builder’s risk, malpractice, transit, title, stop loss, health, fidelity, property, NEIL, employment
Pharmaceuticals and Life Sciences: product development, M&A, licensing, royalties, distribution and marketing, product delivery, product defects, rebates, pricing, milestone payments, API supply, PBM disputes, commercially reasonable development, FDA, recalls, exclusivity arrangements
Technology: technical specifications and manufacturing process review; engineering analysis of product defects; assessment of the success of promised function of new technology, root cause analysis
Franchises and distributorships: dealer/distributor terminations, failure to provide contracted support, failure to pay royalties, breach of non-compete
Energy: electricity production, supply, pricing and distribution, solar/photovoltaic, wind, hydraulic fracturing (fracking), renewable energy credits, energy inventions, oil spills, ESCOs
Financial matters: bank/customer; tax issues, payment defaults, guarantees, securities delivery, forgeries, hedge fund, private equity, private placements, broker commissions, currency/option trading
Environmental: environmental assessments, allocation of remediation responsibility, environmental attribute credits, superfund, stormwater management, infrastructure disputes
Securities: broker/customer claims, fraud, 10b-5, private placements, collateralized debt obligations/mortgage backed securities/REMICs, failure to deliver, redemptions
Professionals: accountant’s liability, attorney malpractice, fee collections
Telecommunication: carrier services, mobile phone software infringement, off-shore customer services, FRAND disputes, licensing disputes, executive stock options
Aviation: defective parts and delay claims, warranty claims, breach of sales contracts, ownership disputes, aviation R&D, finder’s fee for sale of aircraft
Hospitality: Partnership disputes, motel, and food franchise disputes
Construction and Real Estate: Construction disputes, major resort property development collapse, delay damages, sub-prime mortgages, developer/landlord and tenant disputes
Employment: executive compensation, stock options