Mediator Resume

After litigating many types of breach of contract, intellectual property, employment, and other commercial cases for forty years, retired from the active practice of law in summer 2023. Tried jury and non-jury cases and represented clients in numerous mediations and arbitrations. Have handled private mediations involving breach of contract cases, health care issues, construction issues, leasing issues, personal injury issues, and other matters. Have acted as an arbitrator for 35+ years for the American Arbitration Association deciding a wide range of commercial disputes across many industries.

Hecker ADR LLC - Principal

Arbitrator and Mediator Retired Attorney

Principal, Hecker ADR LLC, 2023-Present; Partner, ArentFox Schiff LLP, 2022-2023; Partner, Arent Fox LLP, 2019-2022; Partner, Posternak Blankstein & Lund LLP, 1994-2018; Partner/Associate, McDermott Will & Emery LLP, 1986-1994; Associate, Kaye Scholer Fierman Hays & Handler LLP, 1983-1986; Economist, Bureau of Economic Analysis, U.S. Department of Commerce, 1978-1980.

Arbitrator, mediator, and retired civil trial attorney with broad experience litigating many types of commercial disputes and employment matters. As advocate, handled all manner of breach of contract disputes, mergers and acquisitions, business and shareholder valuations, partnership disputes, real estate issues, franchise terminations and disputes, distributorship disputes, close corporation and partnership issues, financial services and investment and securities cases, copyright and trademark matters, tax cases, covenants not to compete and trade secret and confidentiality cases, and employment contract and compensation matters. Years of experience with professional liability, ethics and malpractice issues involving attorneys and accountants. Regularly advised clients on business transactions, valuation issues, financing, bankruptcy concerns as well as employment agreements, terminations, and counseling. Very familiar with damages and valuation issues and calculations. Before retiring from the active practice of law, was a member of ArentFox Schiff's LLP's Professional Conduct Committee, which is responsible for addressing ethical and professional liability issues. Acted as Posternak Blankstein & Lund LLP’s General Counsel. Significant experience with legal and other malpractice and professional liability cases and legal ethics. Served as chair of hearing committees for ethics complaints on behalf of the Massachusetts Board of Bar Overseers. Volunteer mediator in Massachusetts district courts in addition to compensated mediation work.

Has served as a mediator since 2020 for breach of contract and other commercial disputes as well as consumer claims against businesses. Much more active since retiring from former law firm in 2023 and have handled over 50 mediations to date. Disputes include million-dollar renovation of Back Bay (Boston) home involving representatives from six parties and insurers; existence and valuation of withdrawal liability for former member of public-school health care buying cooperative; long-term leases of commercial property; alleged misrepresentations in sale of dental practices; buy-out liability in sales of dental practices; alleged seven figure theft of substantial assets from elderly couple’s bank and investment accounts; sexual harassment in employment; and miscellaneous contract matters. Acted as an advocate in numerous commercial mediations while practicing law.

Disputes include million-dollar renovation of Back Bay (Boston) home involving representatives from six parties and insurers; existence and valuation of withdrawal liability for former member of public-school health care buying cooperative; long-term leases of commercial property; alleged misrepresentations in sale of dental practices; buy-out liability in sales of dental practices; alleged seven figure theft of substantial assets from elderly couple’s bank and investment accounts; sexual harassment in employment; and miscellaneous contract matters.

Enjoys helping lawyers and their clients resolve disputes of all kinds. Takes an active role before, during, and if necessary, after the formal mediation session to explore interests, personalities, positions, legal and factual theories, damages analyses, and of course proposals to settle the dispute. Does not like to walk away from mediation without an agreement between the parties or a path to reaching an agreement in the future. Mediations are most likely to be successful when all sides are equally interested in resolving the matter now, have broadly similar views of the issues to be tried (in the case of litigation) or that their business and relationship face (where a restructuring of one or both is needed), and have the financial and emotional ability to implement a resolution and move forward with more productive pursuits. I will explore all these areas before the formal mediation session so the time spent together can be productive. Typically, I require the lawyers to exchange short memoranda advocating their client’s positions. I also ask for a confidential email or memoranda explaining possible impediments to settlement or their client’s concerns that they would not want to make known to the other side, at least yet. I also spend a good deal of time speaking with each lawyer before the mediation session. Settlement can be difficult when the parties believe that important facts remain to be discovered, have dramatically different views whether particular legal arguments will likely succeed, or if they have not yet fully vetted or do not understand expert analyses, including about damages. If necessary, I will push the parties to disclose to the other side important facts or arguments that have not yet been articulated but which could be persuasive. If there is confusion about an expert opinion or a damage analysis, I might request the lawyers bring their respective experts to the mediation. In short, I likely will employ a facilitative approach where a relationship is being restructured. By contrast, when the lawyers in an active litigation or arbitration agree to hire a mediator, I assume they are looking for someone to provide evaluation and direction to help close a deal.

Very familiar with remote technology, multiple party sessions, virtual case management tools, virtual hearings, and electronic discovery and digital evidence management among other technology matters.

University of Virginia School of Law (JD); University of Virginia (BA, Economics).

Admitted to the Bar: Massachusetts (1987), New York (1984-inactive), District of Columbia (1985-inactive); U.S. District Courts: District of Massachusetts, District of Colorado, Eastern (inactive) and Southern (inactive) Districts of New York; U.S. Court of Appeals: First Circuit, Second Circuit; United States Tax Court; admitted pro hac vice: Delaware, New York, California, Illinois, Vermont, and New Jersey, Central and Northern Districts of California, Southern District of Florida, Northern District of Texas, Southern District of New York, Bankruptcy Court for the District of Maine.

Boston Bar Association (Litigation Section, Past Co-Chair; BBA Council, Past Member; Ethics Committee, Past Member; Business Litigation Committee, Past Co-Chair). MWI Mediation (volunteer mediator in MA state courts). Pioneer New England Legal Foundation (Massachusetts Advisory Council) Foundation for Individual Rights and Expression (Member and local counsel for amicus briefs) Communities for Restorative Justice (501(c)(3)) (board member, finance committee chair, and treasurer)

Eastern Massachusetts.

Hourly Rate: $475.00 Daily Rate: Not provided Study Rate: $475.00/hr Cancellation: $750.00/Day Cancellation Period: 14 Days Comment: Very willing to travel. Charges only for actual out of pocket travel expenses (e.g., train, plane, hotel, meals, not time). Generally does not charge for travel expenses in Eastern Massachusetts. Charges for study time. Reserves the right to charge for necessary discussions with AAA re: substantive and procedural matters relating to case (i.e., not for billing and administrative questions).

English

United States of America

Needham, Massachusetts