Attorney, Arbitrator, Mediator
Arbitration & Mediation
Areas of Expertise:
✔ ADA Disability ✔ Appellate
✔ Banking & finance ✔ Commercial/Business
✔ Contract Disputes ✔ Defamation (Libel & Slander)
✔ EEOC ✔ Employment
✔ Entertainment ✔ Executive Compensation
✔ Family Businesses ✔ Franchise
✔ Health Care ✔ Industrial
✔ Insurance ✔ International
✔ Joint Ventures ✔ Landlord/Tenant
✔ Legal Malpractice ✔ Lemon Law
✔ Media & Communications ✔ Mergers & Acquisitions
✔ Non-profit Organizations ✔ Partnerships
✔ Pharmaceuticals ✔ Premises Liability
✔ Professional Liability ✔ Professional Malpractice
✔ Professional Negligence ✔ Real Estate
✔ Sports ✔ Technology
✔ Telecommunications ✔ Torts
✔ Trade Secrets and Confidentiality Disputes ✔ Trusts/Estates
Served as arbitrator in hundreds of business, employment and international disputes involving business contracts, executive employment agreements, post-transaction obligations, failure to make payment and provide goods and services, employment discrimination, vendor agreements, purchase and sale agreements, mergers and acquisitions, pension plans, restrictive covenants and more. Parties have included financial services, telecommunications, manufacturing, distribution, dealer, retail, computer and other technology, construction, business equipment, consumer products, and religious institutions. Able to analyze and assess strengths and weaknesses of parties' positions and establish rapport and credibility with parties. Persistent in efforts to get matters resolved. Extremely high success rate. Decades of experience as a civil litigation attorney specializing in business and employment matters before federal and state courts, government agencies, arbitration tribunals and mediation forums. Cases have involved distributors and dealers, partnerships, joint ventures, real estate owners and developers, banks and other financial institutions, business entities and vendors, medical practices, manufacturers, retail establishments and individuals concerning retail establishments and individuals concerning business contracts, business torts, executive employment agreements, restrictive covenants, unfair competition, sales of businesses, business dissolutions, commercial real estate, mergers and acquisitions and international matters. Specific matters handled include: • Counsel for Brazilian respondent-counterclaimant in Stockholm Chamber of Commerce arbitration between high-tech Chinese and Brazilian corporations involving claims of breach of contract for failure to provide product that conformed to specifications, and counterclaims for theft of computer software, following arbitration hearing in London, award in favor of respondent on both claims and counterclaims. • Counsel for respondents in AAA arbitration concerning real estate partnership dispute among partners, including contract, fiduciary duty, constructive trust and fraud claims; following arbitration hearing, award in favor of respondents. • Counsel for partners in AAA arbitration among real estate owners/developers involving valuation of real property, constructive trust and fraud claims; favorable award. • Counsel in AAA construction arbitration for United Nations Mission with general contractor, sub-contractor and architect; 22 days of hearing, settled for nominal amount. • Counsel for British pension fund in ICC arbitration concerning alleged multi-million dollar breach of stock purchase agreement involving sale of hotel and office complex. • Counsel for professional photographer in AAA arbitration against talent management company concerning breach of agreement and termination penalties. • Counsel for defendant solarium manufacturer and distributor in Massachusetts federal court involving claims of breach of contract and unfair trade practices; jury verdict for defendant and award of counterclaims. • Counsel for defendant tax services provider in New Jersey Superior Court involving claims of fraud and breach of contract; jury verdict for defendant. • Counsel for Argentinian jet aircraft distributor in action brought by prior distributor alleging interference with contract and related claims; after three week bench trial in New Jersey Superior Court, decision in favor of defendant. • Counsel for plaintiff in New York federal court involving claims of breach of ISDA Master Agreement; favorably settled. • Counsel for plaintiff/counterclaim-defendants in action involving commodities investment consulting agreement, including contract, fiduciary duty, securities and commodities claims; partial summary judgment granted and affirmed on appeal; successful bench trial of remaining claims. • Counsel for major bank trust company in defense of claims involving international indirect securities holding systems; dismissal of claims and affirmance by Second Circuit. • Counsel for commercial tenant in lease dispute; bench trial, decision for tenant. • Counsel for defendants in partnership dissolution action; after trial involving valuation of commercial and residential real property, decision in favor of defendants. • Counsel for corporate defendant in action asserting claims of breach of restrictive covenants, confidentiality agreements and fiduciary duty, tortious interference with contracts; summary judgment awarded in favor of defendant; affirmed on appeal. • Counsel in employment discrimination cases involving age, race, national origin, gender, disability, sexual harassment, sexual orientation and whistleblower. • Counsel for defendant in age discrimination trial before NYS Division of Human Rights; decision in favor of defendant.
Partner, Dorsey & Whitney LLP, 1990-2018; Associate, Dorsey & Whitney LLP, 1988-1989; Associate, Delson & Gordon, 1980-87.
Have arbitrated hundreds of business, employment and international disputes: • Breach of contract between large telecommunications company and dealer ($20 million). • Breach of series of international agreements, fraud and related claims between European manufacture and U.S. distributor of plastic pallets ($40 million). • Breach of executive employment agreements, consulting agreements and independent contractor agreements involving hedge funds, private equity funds, financial institutions, hospitality companies, medical practices and other businesses ($500,000 to large multi-million). • Various disputes among partners, LLC members and managers, investors in and co-owners of real estate developers, hedge funds, private equity, investment banking and other financial institutions, family businesses, self-storage companies, pharmaceutical company, (multimillion). • Breach of contracts between insurance company and pharmaceutical business ($90 million). • Breach of agreements relating to mergers and acquisitions (multi-million); • Legal malpractice claims. • Breach of purchase and sale agreements concerning sale of manufacturer of sensors for tools used in manufacture of semi-conductors ($9 million), accounting firm, restaurant business, document storage company, car wash company, and others ($500,000 to multi- million). • Breach of agreement between importer and distributor of alcoholic beverages ($2 million). • Contract dispute between major electronics manufacturer and computer software vendor ($2 million); determination of allocation of liability for losses among purchaser and seller of seed company (multi-million). Has served as arbitrator for businesses in mock arbitrations.
AAA Exploring Critical Issues in Arbitration, 2016; AAA/ICDR/Mediation.org Panel Conference, 2016; AAA, Commerce and Dispute Resolution: Goals for Justice and Trade 2015; AAA/ICDR Neutrals Conference, 2012; College of Commercial Arbitrators Annual Meetings, 2014, 2012, 2011, 2010; AAA Advanced Mediator Training, 2009; ICDR Joint Colloquium on International Arbitration, 2008; AAA Neutrals Conference, 2006, 2003; AAA Arbitrator Ethics & Disclosure (ACE003), 2006; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2003; Annual Arbitrator Update 2003, 2002; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002; AAA Arbitrator I Training: Fundamentals of the Arbitration Process, 2001; Association of the Bar of the City of New York, Mediation Training, 1998; New York City Bar Association, Advanced Mediation Training; U.S. District Court, Southern District of New York, Mediation Training.
Admitted to the Bar: New York (1981); New Jersey (1982); U.S. District Court: Southern (1982), Eastern (1982), Northern (2013) and Western (2016) Districts of New York; District of New Jersey (1982); Eastern District of Michigan (2004); U.S. Court of Appeals, Second Circuit (1989).
•New York Super Lawyer, 2012 - 2017 •Best Lawyers in America©, 2010 - 2017 •AV Preeminent® peer rating by Martindale-Hubbell®
Member, Panel of Arbitrators of American Arbitration Association (Commercial, Large Complex Commercial and Employment Panels) Member, Panel of Arbitrators of International Center for Dispute Resolution (ICDR) Distinguished Neutral, International Institute for Conflict Prevention and Resolution (Franchise and Employment Panels) (CPR) Member, Panel of Mediators of American Arbitration Association Court Appointed Mediator, U.S. District Courts, Southern and Eastern Districts of New York Court Appointed Mediator, Commercial Division of New York State Supreme Court Court Appointed Arbitrator, New York City Civil Court
Fellow, College of Commercial Arbitrators (CCA) Certified Mediator, International Mediation Institute (IMI) Charter Member, National Academy of Distinguished Neutrals (NADN) Chair, Dispute Resolution Section (DRS) of New York State Bar Association (NYSBA) (approx. 1,500 members)(2015-16); Chair-Elect (2014-15); Vice Chair (2013-14) Co-Chair, Mediation Committee of NYSBA (2011-15) Member of Executive Committee of DRS of NYSBA (2011-present) Member, House of Delegates of NYSBA (2016-present) Member, Labor and Employment Section of NYSBA
University of Pennsylvania (BA, magna cum laude-1976) New York University School of Law (JD, Moot Court Advocacy Award, Moot Court Board-1980)
Writings: • “New Rights for Freelance Workers in New York City,” New York Law Journal, 2017. • Chapter,” The Award,” ADR in Employment Law, ABA Section of Labor and Employment Law, Bloomberg BNA, 2015. • "Task Force Develops Mediation Program Proposal," New York Law Journal, 2016. • "Recission of Settlement Agreements: Rare but Possible," New York Law Journal, 2015. • "Exploring Duty of Good Faith in Mediation Proceedings," New York Law Journal, 2011. • "Arbitrator, Impartiality and the Duty to Disclose," New York Law Journal, 2011. • "The Duty of Good Faith in Mediation Proceedings," New York Law Journal, 2010. • "Protected Activity under Title VII Retaliation Claims," New York Law Journal, 2004. Speaker: • "The Arbitration Hearing, Best Practices," American Bar Association, 2016. • "Best Practices in Arbitration and Mediation," Hudson Valley Council of Industry and New York Chamber of Commerce, 2015. • "Arbitration: The Preliminary Hearing," AAA Webinar, 2014. • "Arbitration Award Writing," NYSBA Arbitration Training, 2011, 2012, 2014, 2015. • "Arbitration of Employment Disputes," NYSBA Annual Meeting, 2011.
Professional Activities: Board Chair/Member (2000-2016), Project Enterprise, a microfinance, job creation, anti-poverty non-profit organization, providing micro-lending, business training, networking opportunities, access to markets and pro bono legal services Board Member Legal Services Corporation of New York City (2016 - Present)