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Practice Areas

Dispute Resolution Experience:

Served as an arbitrator (chair, panelist and sole arbitrator) in over 200 complex multi-million dollar arbitrations and as 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 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 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 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