Attorney, Arbitrator, Mediator
Arbitration & Mediation
Areas of Expertise:
✔ ADA Disability ✔ Appellate
✔ Banking & finance ✔ Class Actions
✔ Commercial/Business ✔ Construction
✔ 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
✔ Licensing ✔ Media & Communications
✔ Mergers & Acquisitions ✔ Non-profit Organizations
✔ Partnerships ✔ Pharmaceuticals
✔ Premises Liability ✔ Professional Fees
✔ Professional Liability ✔ Professional Malpractice
✔ Professional Negligence ✔ Real Estate
✔ Shareholder Disputes ✔ Sports
✔ Technology ✔ Telecommunications
✔ Torts ✔ Trade Secrets and Confidentiality Disputes
I have handled hundreds of arbitrations as tribunal chair, wing and sole arbitrator: International: Arbitrated breach of series of contracts, fraud and related claims between large German manufacturer and U.S. distributor of plastic storage pallets; arbitrated breach of agreement between Russian manufacturer and U.S. distributor of alcoholic beverages; arbitrated breach of contract and wrongful termination of Brazilian-Central American distributor by large U.S. telecommunications company; arbitrated dispute between major international bank and its primary software provider. Partnership: Arbitrated numerous disputes among partners, joint venture parties, LLC members and managers, investors and co-owners regarding real estate developers, hedge funds, private equity, investment banking and other financial institutions, medical practices, family owned businesses, self-storage companies, pharmaceutical company, accounting firms and law firms. Commercial/Business Transactions: Arbitrated claims arising out of mergers and acquisitions of businesses, including accounting firm, restaurant business, document storage company, car wash company, involving valuations, fraud, breach of representations and warranties, determination of post-closing adjusted purchase prices, and other issues; arbitrated allocation of liability for losses among purchaser and seller of seed company. Employment: Arbitrated numerous breach of executive employment agreements, consulting agreements and independent contractor agreements involving hedge funds, private equity funds, banks and other large financial institutions, hospitality companies, medical practices and other businesses; arbitrated claims brought against prominent university by professor alleging breach of contract and gender and religious discrimination; arbitrated claims of discrimination, retaliation, wrongful termination and FLSA. Technology: Arbitrated contract dispute arising from sale of manufacturer of sensors that are used in tools that create semi-conductors; arbitrated contract dispute between major electronics manufacturer and computer software vendor; arbitrated dispute between major international bank and its primary software provider. Real Estate & Construction: Arbitrated disputes arising out of multi-billion dollar initial public offering REIT transaction, including claims of fraud, breach of contract and defamation; arbitrated complex purchase and sale (“mixing bowl”) of multi-use property subject to mandatory affordable housing. Restrictive Covenants: Arbitrated numerous cases involving claims brought by employers with against former executives and other employees for breach of non-compete, non-solicitation, confidentiality and other post-employment covenants, seeking damages including forfeiture of stock options, deferred compensation, severance and disgorgement of compensation. Telecommunications: Arbitrated claims of breach of contract, wrongful termination and national origin discrimination brought by large U.S. dealership against large telecommunications company; arbitrated breach of contract and wrongful termination claims brought by large Brazilian-Central American distributor against major U.S. telecommunications company. Healthcare and Pharmaceutical: Arbitrated large breach of contract claims between major insurance company and pharmaceutical dealer and distributor; arbitrated issues arising from break-up of healthcare and medical practices Professional Liability: Arbitrated malpractice and breach of contract claims against law firms.
Partner, Dorsey & Whitney LLP, 1990-2018; Associate, Dorsey & Whitney LLP, 1988-1989; Associate, Delson & Gordon, 1980-87. For 37 years, I practiced law as a civil trial attorney, and trusted advisor to large and small businesses and individuals, specializing in business, employment and international matters before federal and state courts, government agencies, arbitration tribunals and mediation forums. International: Lead arbitration counsel in Stockholm Chamber of Commerce arbitration for Brazilian client against Chinese entity involving claims of failure to produce high-tech sensors conforming to specifications and counterclaims for theft of computer software and related technology (following evidentiary hearing in London, favorable award on claims and counterclaims); ICC arbitration for British pension fund concerning claims of multi-million dollar breach of stock purchase agreement involving sale of hotel and office complex (favorably settled); AAA arbitration for professional Dutch photographer against talent management company concerning contract termination and penalties (favorably settled). Lead trial counsel for owner of Argentinian jet aircraft distributor brought by prior owner alleging interference with contract and related claim (following three-week trial in New Jersey Court, decision in favor of client). Commercial/Business Transactions: Lead trial counsel for major solarium manufacturer and distributor involving claims of breach of contract and unfair trade practices in Massachusetts federal court (jury verdict for client and award of counterclaims); major tax services provider involving claims of fraud and breach of contract in New Jersey Court (jury verdict for client); liquidator of financial assets in Hong Kong in involving breach of ISDA Master Agreement New York federal court (favorably settled); investment consultant involving breach of commodities contract, fiduciary duty, securities and commodities-related claims (partial summary judgment granted and affirmed on appeal, successful trial of remaining claims). Employment: Lead arbitration counsel in dispute between executive employee and former employer involving claims for non-payment of salary, severance and expense reimbursement; action involving claims for unpaid sales commissions and other compensation (favorably settled); Lead trial counsel in employment discrimination/whistleblower action in Michigan federal court asserting retaliation and unlawful termination (summary judgment in favor of client); age discrimination proceeding (following trial before NYS Division of Human Rights, decision in favor of client); employment discrimination cases involving age, race, national origin, gender, disability, sexual harassment, sexual orientation. Restrictive Covenants: Lead trial counsel in action asserting claims of breach of restrictive covenants, confidentiality agreements and fiduciary duty, tortious interference with contracts (summary judgment in favor of client; affirmed on appeal). Real Estate & Construction: Lead arbitration counsel in AAA arbitration for United Nations Mission with general contractor, sub-contractor and architect in construction dispute (after 22 day evidentiary hearing, settled for nominal amount); ICC arbitration for British pension fund concerning claims of multi-million dollar breach of stock purchase agreement involving sale of hotel and office complex (favorably settled); AAA arbitration for partners in dispute among real estate owners/developers involving valuation of real property, constructive trust and fraud claims (following evidentiary hearing, award in favor of client); AAA arbitration among partners in real estate partnership involving valuation and buy-out of third partner (following evidentiary hearing, award in favor of client). Lead trial counsel in partnership dissolution action (following property valuation trial, decision in favor of clients); major commercial lease dispute (following bench trial, decision in favor of client).
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.
College of Commercial Arbitrators annual meetings, 2009-present; NYSBA Dispute Resolution Section annual meetings, 2010-present; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; Judith S. Kaye Arbitration Competition, 2017; CCA 17th Annual Meeting, 2017; AAA-ICDR Council and Columbia Law School Conference: The Future of Arbitration, 2017; 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 - present •Best Lawyers in America©, 2010 - present •AV Preeminent® peer rating by Martindale-Hubbell® -- 20+ years
Member, Panel of Arbitrators of American Arbitration Association (Commercial, Large Complex Commercial, Employment, Mergers & Acquisitions) Member, Panel of Mediators of American Arbitration Association Member, Panel of International Center for Dispute Resolution (ICDR) Distinguished Neutral, International Institute for Conflict Prevention and Resolution (Franchise and Employment Panels) (CPR) Court Appointed Mediator, U.S. District Courts for the Southern and Eastern Districts of New York Court Appointed Mediator, Commercial Division of New York State Supreme Court Court Appointed Arbitrator, Civil Court of New York City Civil Court
Fellow, Chartered Institute of Arbitrators Fellow, College of Commercial Arbitrators Certified Mediator, International Mediation Institute (IMI) Charter Member, National Academy of Distinguished Neutrals (NADN) Fellow, American Bar Foundation (2017 -present) Fellow, New York Bar Foundation (2017-present) Board Member, New York Bar Foundation (2019-present) Chair, New York State Bar Association Dispute Resolution Section (approx. 1,500 members)(2015-16); Chair-Elect (2014-15); Vice Chair (2013-14) Co-Chair, Mediation Committee of New York State Bar Association (2011-14) Member, Executive Committee of Dispute Solution Section of New York State Bar Association (2011-present) Member, House of Delegates of New York State Bar Association (2016-present) Member, Dispute Resolution, International and Labor and Employment Sections of New York State Bar Association
University of Pennsylvania (BA, magna cum laude-1976) New York University School of Law (JD, Moot Court Advocacy Award, Moot Court Board-1980)
Writings: Editor and Co-Author: Arbitrating Commercial Disputes in the United States (Practicing Law Institute 2018) Contributing Author: ADR in Employment Law (BNA Bloomberg 2015, 2017) “First in the Nation Right to Counsel Law for Low-Income Tenants in NYC,” NEW YORK LAW JOURNAL, 2017, “NYC Human Rights Law Prohibits Inquiries About Past Pay,” NEW YORK LAW JOURNAL, 2017, “New Legal Rights for Freelancers,” NEW YORK LAW JOURNAL, 2017, "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. Speaking Engagements: Top 10 Tips for Arbitrating Commercial Cases (PLI Webcast 2019); Comparisons of Commercial and Employment Law (College of Commercial Arbitrators 2018) 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 (American Arbitration Association Webinar 2014); Arbitration Award Writing (NYSBA Arbitration Training, 2011, 2012, 2014, 2015, 2017, 2018); Arbitration of Employment Disputes (New York State Bar Association, 2011) Preparing for Mediation (New York State Bar Association, 2009) Employment Mediation (New York County Bar Association, 2010, 2003, 2001)
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 - 2018)