Don’s Qualifications

ACCREDITATIONS

Chartered Institute of Arbitrators, Fellow

Don is accredited as a Fellow in the Chartered Institute of Arbitrators, an international center of excellence for the practice and profession of arbitration and other forms of alternate dispute resolution. Don completed the Accelerated Route to Fellow program in International Arbitration, sat for a Peer Interview and has been admitted to CIArb’s North American Chapter, New York Branch. Fellow status in CIArb recognizes that the practitioner has reached a high standard of excellence and proficiency when it comes to dispute avoidance and resolution and further signifies a strong commitment to professionalism, esteemed values and integrity.

Centre for Effective Dispute Resolution (CEDR), Accredited Mediator

Don is accredited as a mediator by CEDR, which is internationally recognized as the preeminent mediation training and accredition organization in Europe and worldwide. To earn that accreditation Don completed 48 hours of live, interactive training and underwent critical evaluation during which he successfully demonstrated the skills required to be a neutral mediator meeting CEDR standards.

NY Unified Courts Part 146 Training

Don has successfully completed 24 hours of Basic Mediation and 16 hours of Advanced Commercial Mediation Trainings qualified under Part 146 of the rules of the New York State Unified Courts Office of ADR Programs.

CPR Certified Dispute Prevention and Relationship Facilitator

Don has completed CPR’s Dispute Prevention and Relationship Management Training and can draw on his extensive in-house experience and neutral training to work in real-time with parties to joint ventures, strategic alliances and other long term collaborative business relationships to identify early, address and resolve points of potential conflict and avoid disputes, thereby facilitating and preserving mutually advantageous business relationships.

Cybersecurity Training

Don regularly completes CLE-qualified courses and other training programs addressing current issues affecting cybersecurity in ADR proceedings.

ADR PANELS

CPR Panels of Distinguished Neutrals: Banking Accounting Financial Services; General Commercial (NYC Regional); E-Discovery; Insurance-Policyholder Coverage; Pro Bono Panel

American Arbitration Association: Consumer Panel

United States District Court for the Southern District of New York Mediation Panel

Part 137 Attorney-Client Fee Dispute Panel, Unified Courts of the State of New York, 9th Judicial District

MEMBERSHIPS

International Institute for Conflict Prevention and Resolution – Member; Arbitration, Mediation and Dispute Prevention Committees

American Bar Association – Member, Dispute Resolution Section

New York State Bar Association – Member, Dispute Resolution Section, DRS Ethics Committee

EXPERIENCE

KPMG LLP,  New York, New York

Deputy General Counsel (2006-2019 (ret.))

Don led an exceptional team of litigation attorneys, audit partners, forensic technology professionals and paralegals to deliver best-in-class litigation, arbitration, and regulatory investigation response as the first Deputy General Counsel of the Litigation and Regulatory Investigations Group in the Office of General Counsel. Minimized litigation and regulatory risk by developing and enhancing litigation management policies and practices and implementing cost-saving technological solutions that improved litigation and regulatory outcomes.  Oversaw strategy and tactics applied to individual litigation matters to promote early and cost-effective resolution.  (For a more expansive description of Don’s experience in this regard see About Don.)

Associate General Counsel (1993–2005)

Actively managed external counsel on a daily basis and resolved a broad range of federal and state lawsuits, arbitral proceedings, regulatory investigations and proceedings and government contracting compliance matters through direct negotiation, mediation, arbitrations, administrative and arbitral proceedings, jury trials and related appeals. Settled dozens of complex cases through mediation and direct negotiation.  Conducted internal investigations and implemented remedial action plans addressing noncompliance with professional standards, government regulations, unauthorized access and use of data systems, and theft of firm property.

CHADBOURNE & PARK LLP, New York, New York

Litigation Associate (1982-1993)

As a Litigation Associate, Don gained deep experience in complex commercial litigation, briefing and arguing federal and state court appeals, responding to federal and state government investigations, and conducting internal investigations for clients in industries including manufacturing, insurance, and oil & gas. Specialized in expedited actions for injunctive relief, bankruptcy adversary proceedings, M&A-related litigation, and international legal proceedings.

EDUCATION

J.D., Columbia University School of Law, New York, N.Y.

B.A., University of Rochester, Rochester, N.Y., Magna Cum Laude; Phi Beta Kappa, Iota Chapter

PROFESSIONAL LICENSE AND COURT ADMISSIONS

Licensed as an attorney by the the State of New York, First Appellate Department.

Admitted to the bars of the State of New York, United States District Courts for the Southern and Eastern Districts of New York, United States Court of Appeals for the Second Circuit, and the United States Supreme Court.

OTHER INTERESTS

Fly Fishing, Fly Tying and Smoking Meats

Though not necessary experience nor a recognized qualification for ADR Neutrals, I mention these interests only because each requires preparation, patience, perseverance, attention to detail while maintaining awareness of the surrounding environment and prevailing conditions, and requires one to exercise thoughtfulness within a discipline – important skills that have application to other pursuits.