Don is a seasoned mediator, arbitrator and dispute prevention professional with 40 years of experience resolving complex commercial, professional liability and other business-to-business and employment disputes. Formerly the Deputy General Counsel–Litigation and Regulatory Matters at KPMG LLP, one of the Big 4 accounting, tax and professional services firm, over 26 years with that firm, Don resolved more than 100 lawsuits and government investigations by direct negotiation, mediation and, when necessary, arbitral award or jury verdict and gained extensive experience resolving conflict in a wide array of professions (including auditing, accounting, tax, actuarial and business improvement consulting) and industries (including financial services and banking, securities, insurance and reinsurance, defense and government contracts and consumer products). Since becoming a full-time Neutral, Don has been selected or appointed mediator or co-mediator in more than 50 federal and state court cases and as either chair, wing or sole arbitrator in 25 cases, including mediations and arbitration of international disputes.
Now a full-time Neutral, Don is the sole member of Donald Rose Dispute Resolution LLC (DRDR). He is a New York State licensed attorney, a Fellow in the Chartered Institute of Arbitrators, a CEDR Accredited Mediator, a member of the Panel of Distinguished Neutrals of the International Institute for Conflict Prevention and Resolution (CPR), a CPR Certified Dispute Prevention and Relationship Facilitator, a Mediator serving on the Mediation Panels of the United States District Courts for the Southern and Eastern Districts of New York and an Arbitrator for the Arbitration Panel of the USDC Eastern District of New York, a Commercial Arbitrator and Commercial Mediator for the American Arbitration Association, and on the Mediation Panels of the New York State Supreme Courts, Commercial and Civil Divisions for the 1st and 9th Districts, and an Arbitrator for NYS Supreme Court, 9th Judicial District Part 137 Arbitration Program. He is an active CPR member and serves on its Arbitration, Mediation and Dispute Prevention Committees. Don is active in the New York State Bar Association Dispute Resolution Section and that section’s Ethics Committee, and in the American Bar Association Litigation and Dispute Resolution Sections.
While Don served as KPMG’s DGC-L&R, he was one of that firm’s key risk management leaders. Don successfully managed the firm’s litigation and regulatory portfolio by employing a rigorous and objective early risk assessment process and applying creative strategic and tactical thinking to find practical solutions acceptable to all parties. He oversaw the activities of a group comprised of highly experienced litigators, senior audit partners, paralegals, and forensic technologists and was responsible for strategic and tactical decisions made in individual litigation matters. Don created and managed the Office of General Counsel’s Electronic Data Discovery Group, a group of in-house forensic technology professionals dedicated to keeping KPMG current with changing electronic preservation, collection and production standards and methodologies, from which Don gained the expertise to address complex electronic discovery issues. Don’s extensive experience with cross-border litigation, arbitration and government investigations, together with 14 years of continuous participation on KPMG International steering and working groups addressing issues arising from multi-jurisdiction matters, gives Don a keen understanding of how differences in national legal and regulatory systems can affect the prosecution and resolution of complex international disputes. Don also has extensive experience in resolving partner rights and employee discrimination claims, as well as EEOC investigations and audits.
Don championed KPMG LLP’s adoption of ADR provisions in its client and vendor contracts, and developed protocols for early claims assessment, case valuation and efficient resolution through direct negotiation or mediation, through which KPMG reduced its litigation costs substantially.
Before joining KPMG’s Office of General Counsel, from 1982-1993, Don was a litigator with Chadbourne & Parke LLP in New York specializing in complex commercial litigation, securities class and derivative actions, and conducting internal investigations, all for clients in the manufacturing, insurance, defense and energy industries. He represented US clients in international legal proceedings pending in the United Arab Emirates and Bermuda.
Subject matter areas in which Don has extensive experience include:
- Breach of contract – including claims from asset or business valuations, actuarial opinions, transaction post-closing adjustment provisions, restrictive covenants and pay-out provisions
- Business Torts – including professional malpractice, fraud, breach of fiduciary duty, interference with contractual relations
- Professional Liability – including Accounting, Audit, Actuarial, Tax and Business Consulting services
- Securities Class and Mass Actions, and Derivative Actions
- Government Contracting Compliance and Ethics – including Federal Acquisition Regulations; federal and state procurement and ethics laws
- Regulatory Compliance– including SEC, PCAOB, IRS, DOJ, FINRA, State Boards of Accountancy, state insurance commissioners, state and local taxing authorities and other regulators
- Multinational litigation, arbitration and investigations
- Intellectual Property, Trademark Protection and Unfair Business Competition – including infringement, theft of trade secrets, covenants not to compete
- Insurance Coverage and Claims – including coverage and claims related matters, multi-party captive insurance programs, professional liability indemnity cover, cyber insurance, and reinsurance policies and treaties
- Electronic Discovery – including retention policy, preservation, collection and production requirements and methodologies
- Data Protection and Use – unauthorized access to and/or use of data and data systems
- Partnership Disputes
- Discrimination and Employment claims and investigations– Title VII and EEOC Investigations, ADEA, Equal Pay Act, FLSRA, whistleblower statute claims, class and collective actions
Donald Rose Dispute Resolution 