Mediator Resume

Kanter & Associates, P.C. Lippitt O'Keefe - Of Counsel

Attorney, Arbitrator, Mediator, Facilitator, Case Evaluator

Attorney, Kanter & Associates, P.C., 2023 - Present; Of Counsel, Lippitt O'Keefe, 2023 - Present; Vestevich Mallender DuBois & Dritsas P.C., 2008 - 2023; Senior Shareholder, Strobl & Sharp P.C. (and predecessor firm), 2001 - 2008; Principal Shareholder, Shapack, McCullough & Kanter P.C., 1980 - 2001; Attorney, Wick Minnet Otlewski & Kanter P.C., 1979 - 1980.

HEALTHCARE LAW (PAYOR-PROVIDER LAW AND DISPUTE RESOLUTION): -Representation of providers, including Hospitals, Physicians, Nursing Homes, Managed Care/ Private Health organizations and participants (including ERISA Plans and Trusts), ACO's Government Health, Outpatient Care Facilities, Home Healthcare Agencies, physician specialty groups, DME Providers and Patients/ Participants/ Customers. Creation and representation of payors (creation, service and related contracts and dispute resolution mechanisms), including TPA’s PPO’s, PBM's HMO’s, health plans, insurance agencies, companies and underwriters, Medicare and Medicaid provider reimbursement, audit, dispute, claims-related procedures and payment issues, self-dealing, fraud, Stark, false claims, and similar problems at federal and state levels. Federal and State programs including Medicare 340B drug pricing programs; -Managed Care; Corporate and form of entity issues; Health care employer plan and insurance coverage issues, Provider/Payor and financial disputes; Medicare/Medicaid Reimbursement and Regulatory matters; Medicare 340B and related dispute resolution; Technology; Home Health; Medical Staff/ Governance; Integrated Healthcare; Physician Peer Review/Disciplinary Actions; Joint Ventures; Physician Credentialing; Labor/Employment; Provider-patient disputes; Licensing/ Intellectual Property; Patient Care disputes; long term care. -Federal and State Surprise Medical Billing Arbitrator relative to OON claims; CONTRACT, COMMERCIAL AND BUSINESS ENTITY LAW (Transactional and Litigation): Business Entities: -Creation of Business Entities. -Equity ownership, executive and management contracts, tax and benefits valuation and succession planning. -Employer sponsored benefit plans and trusts (ERISA and non-ERISA); preparation of employment policies, procedures and plans; statutory, regulatory, licensure, administrative and taxation issues. -Enforcement of bylaws, shareholder agreements, buy-sell agreements, operating and partnership agreements and disputes. EMPLOYMENT LAW: -Representation of Employers and Employees; employment-related transactions, agreements and disputes. -Common law claims and statutory violations (state and federal). -Wage & hour (FLSA), issues; non-competition, trade secret issues and invention agreements. -Severance agreements and reductions in force under federal and state laws. -Employee handbooks and ADR plans. FRANCHISE AND BUSINESS OPPORTUNITY LAW: Establishment of franchises; royalty, licensing, merchandizing and participation agreements; restrictions and obligations, including trade secrets, intellectual property and rights; Franchise contract issues; breach of fiduciary obligations; franchises and business opportunities; exclusive source and supply issues. E. COMMERCE, TECHNOLOGY, COMPUTER, SOFTWARE, ENTERTAINMENT, TELECOMMUNICATIONS & MEDIA -Transactions and disputes. Preparation of software, source code, and intellectual property related licensing agreements, SaaS and related service level agreements, information sourcing technology contracts, liability allocation and indemnification agreements; financing; internet hosting and more; -Intellectual property rights and related assets; complex commercial transactions and intellectual property law; acquisition of software and intellectual property rights and obligations, including acquisition of acquired entity development and rights of key personnel and representation of service bureaus, website-related transactions and disputes.

As a neutral: 40% mediation primarily in various large complex and multi-party commercial, health care, insurance and employment disputes. 20% franchise licensing, distributorship and securities law 20% computer and Internet law and related issues.

Each mediation necessarily involves custom devised goal methodologies which are generally discussed, agreed upon or directed by counsel for the parties, to enhance the likelihood of a full and final resolution in a cost effective and efficient manner. I prefer facilitative proceedings, to enable the parties to arrive at their own resolution of the dispute(s), but at the request of the parties, have implemented evaluative and various analytical mechanisms. The mediation will generally terminate when the mediator or the parties no longer wish to participate in the process. In court-annexed mediations, it is often incumbent to notify the court that -1- the mediation took place; and -2- whether the mediation resulted in a resolution of some or all of the issues before the court. Such notice may be required by applicable law. However, to the extent that the mediation was helpful in bringing the parties closer to a resolution, it is not unusual for the parties to adjourn or hold mediation in abeyance in order to schedule one or more mediation sessions with the hopes of resolving the dispute before trial.

Wayne State University (JD-1979; BA, with high distinction, Phi Beta Kappa-1976); Pepperdine University Strauss Institute (Post Graduate Programs for Advanced and Master Mediators for Dispute Resolution); Harvard University Law School PON (Post Graduate Programs on Advanced Mediation and Techniques).

Admitted to the Bar: Michigan (1979); U.S. District Court: Eastern (1979) and Western (1981) Districts of Michigan; U.S. Court of Appeals, Sixth Circuit (1982); U.S. Tax Court (1997).

Member of American Health Lawyer Association (Panel of Neutrals) since 1995; American Bar Association - member of Health Law Section and ADR and litigation-related committees; State Bar of Michigan - Health Law Section; Substantive Law Committee, Chairperson Medical - Legal Subcommittee; designated and acted as Moderator for a number of webinars; College of Commercial Arbitrators (Fellow and Member of Board of Directors); International Academy of Mediators (Distinguished Fellow); National Academy of Distinguished Neutrals (Fellow).

"Vacatur-Bulletproofing Your Arbitration Award," ICLE, 2011; "Cost Effectiveness and Efficiency in Arbitration Awards," ICLE, 2011; "Minimizing Discovery Abuses in Arbitration Means Drafting Provisions Carefully," MICHIGAN LAWYERS WEEKLY, vol. 22, no. 49, October 20, 2008; "The State of ADR Law in the State of Michigan," State Bar of Michigan Annual Meeting Publication, 2004-2006; co-author, "The Art of Writing an Effective Award," Paper presented at the AAA Neutral Retreat, Orlando, October 1998, revised January 1999; co-author, "The Family and Medical Leave Act - The Final Regulations," THE URBAN LAWYER, vol. 28, no. 1, Winter 1996; co-author "A Wake-Up Call for Employers," THE ADR NEWSLETTER, vol. 3, no. 3, Fall 1996. Author, developed ADR pilot programs, and prepared Standardized Court Forms adopted by Michigan Supreme Court. SPEAKING ENGAGEMENTS: Panelist, Institute for Continuing Legal Education (ICLE); speaker, Advanced Dispute Resolution Institute (I.C.L.E.), March 2004, 2005, 2006; 1998-AAA Neutrals Retreat, Orlando, Florida regarding Interim Remedies in Arbitration; Numerous Speaking Engagement for the ADR Section of the State Bar of Michigan.

Hourly Rate: Not provided Daily Rate: $4,950.00 Study Rate: $495.00/hr Cancellation: $4,950.00/Day Cancellation Period: 14 Days Comment: Minimum Mediation Session Charge during a single day (where 1/2 per diem scheduled) is four (4) hours from scheduled start time. Therefore, the minimum charge for a mediation session of four (4) hours or less is $2,500.00. Per Diem charge is applicable to all time in excess of four (4) hours, through eight (8) hours in a single day. Amount from scheduled start time through eight (8) hours = $4,950.00; mediation time after 8 hours and/or past 5:30pm in a single day is billed at regular hourly rate of $495.00 per hour. All other pre or post mediation time expended ("non-mediation session/hearing time") including, but not limited to, communication in any and every form and manner, study time, time expended before or after a mediation session, orally, in writing, by email, text message, or other electronic means or modes of communication, prior to and/or following mediation session day(s), with a party and/or counsel/representative for a party, billed at $495.00 per hour. Travel time is billed at $300.00 per hour. All other tasks are billed at regular hourly rate for all time expended before or after participation in actual mediation proceeding. Cancellation Policy: Cancellation charges are equal to 1/2 of the (full day) session minimum per diem rate, based on scheduled mediation session/hearing dates; where postponed, rescheduled canceled, adjourned, not completed or otherwise not taking place (collectively in the singular "cancellation") with less than twenty-eight (28) days, but at least fourteen (14) days or more advance notice before scheduled mediation session/hearing date(s). Cancellation fees with fourteen (14) days or less advance notice of cancellation are assessed and payable at the full minimum regular scheduled hourly/daily fees for all scheduled mediation days/times. For purposes of this section, “mediation session/hearing” includes, but is not limited to: -1- Scheduled conferences during which a party’s attorney and/or other representative agrees to meet with the mediator to address mediation-related matters; -2- Scheduled conferences with the mediator and a party (and/or party representative on the other); -3- Any scheduled conference (whether in person, or orally by phone or other substantially live and/or contemporaneous instrumentality of communication) between the mediator and the party or the mediator and more than one other party for purposes of mediation-related matters; and -4- Any scheduled conference(s) between the mediator and party representative(s) for purposes of mediation-related matters which are more than one mediation session, during the course of a multi-day scheduled mediation proceeding. Any and all court-related mediation and related tasks or services are billed and payable at the minimum hourly rate of $495 per hour.

English

United States of America

Birmingham, Michigan