Representative Mediations and Arbitrations

Representative Issues Addressed as Mediator

Trademark litigations, including a declaratory judgment action by family-owned clothing manufacturer against a major motion picture studio; an action by online digital OEM manual and assembly instructions media company action against finance/credit card company over use of identical corporate name; Lanham Act and state infringement claims by franchisor of ethnic-oriented ice cream parlors against foreign ice cream manufacturer claiming rights in same name; a suit by an international clothing purveyor against online retail platform alleging unauthorized use of registered marks in sponsored advertising and post-domain URLs directing shoppers to competing products sold on retailer’s site;

Defense subcontractor’s $100MM+ breach of contract claim against prime contractor arising from government’s failure to return computer hardware and electronic devices following expiration of subcontract;

Multi-party claims to finder fees in connection with insurance company’s recovery of 30-year-old foreign sovereign debt;

Insurance coverage, premium payment and claims disputes, including failure to defend claims, arising from property-casualty insurance, comprehensive general liability insurance, vehicle liability insurance, worker compensation insurance policies;

Action by employee health benefit plan against foreign airline-insured and broker alleging breach of implied contract, fraud, conversion and quantum meruit for diversion and unpaid premiums;

Breach of contract claims arising from separation of private company CEO addressing unpaid compensation, repayment of loans from CEO to company and from company to CEO and  treatment of shares and options held by CEO;

Wrongful termination and religious discrimination claim by income partner dismissed by major accounting firm;

Age discrimination and unlawful employment acts claims brought by former CFO against major law firm;

International breach of contract action by Vietnamese clothing manufacturer against NY distributor;

Action by freelance video content creator against hiring website owner and corporate officers under New York City’s Freelance-Isn’t-Free Act;

Declaratory judgment action by a nationwide telecom provider-lessee against property owner-lessor to compel lessor consent to lessee’s application for NY Fire Department rooftop access to upgrade equipment; and

Employment discrimination and retaliation claims under federal, NY State and NY City laws involving claims of race, age, sex, gender, caregiver, religion and disability discrimination and wage & hour law non-compliance brought by employees and executives in varied businesses settings including restaurants, a not-for-profit social service organization, municipal police and prison facilities, law firms, university medical centers, construction and publishing companies.

Representative Issues Addressed as Arbitrator

Served as Panel Arbitrator in international arbitration of breach of professional services agreement brought by US-based global tax services provider against respondents located in Bermuda, British BVI and Switzerland and professional malpractice counterclaim (settled before hearing);

Served as Panel Chair (8 cases), Sole Arbitrator (3 cases), and Wing Arbitrator (7 cases) arbitrator in 18 attorney-client professional fee arbitrations under NYS UCS Part 137, issuing reasoned awards in each; and

Served as Sole Arbitrator in various American Arbitration Association consumer
Arbitrations, including claims for breach of finance and credit agreements,
fraudulent misrepresentation, undue enrichment, recission, violations of the Fair
Credit Billing Act, Fair Credit Reporting Act and/or the Truth in Lending Act, issuing reasoned awards in each.

Arbitrations Conducted as Advocate

Six (6) Audit Malpractice/Breach of Professional Contract cases with damages ranging from $3 million to $1.3 billion, including claims brought by the Bankruptcy Trustee of a failed marine construction company; consolidated derivative claims by investors in a Madoff “feeder fund;” claims by colleges under GAGAS standards; public company claim for “wrongful withdrawal of audit opinion” claimed to delay company’s planned stock repurchase; and a claim by a US private company in relation to derivative trading losses incurred by its French subsidiary.

Arbitration of Actuarial Malpractice and Breach of Contract claims asserted by a
state insurance commissioner as Receiver for a failed title insurance company.

Arbitration of Breach of Business Consulting Contract claims arising from performance of M&A due diligence and advisory services.

Arbitration of claims of Professional Negligence and Breach of Contract against
Independent Accountants appointed to decide dispute over asset sale post-closing adjustments (dismissed before hearing).

Arbitration brought to collect professional fees earned in business advisory
litigation-support engagement.

Seven (7) arbitrations (separate matters) by current or former partners of accounting firm alleging violation of partnership agreement or age discrimination laws.