Mediator Resume

Foulston Siefkin LLP - Special Counsel

Attorney

Special Counsel, Foulston Siefkin LLP, 2022 - Present; Founding Partner, Smithyman & Zakoura Chartered, 1986 – 2022; Partner, Weeks Thomas Lysaught Bingham & Mustain, 1977 – 1986; Captain, U.S. Army, 1970 – 1974; Analyst, Exxon Chemical Corp., 1969 – 1970; Kansas Tenth Judicial District Nominating Commission - 12 years.

Legal practice is divided between civil litigation (80%) and business transactions (20%). Litigation includes commercial and business issues (30%), energy and utility issues (10%), insurance (40%), and health care (20%). Insurance litigation includes: more than 30 years of coverage opinions for a national auto insurer; first-chair class action representation on flood and oil loss losses; multiple first-chair defense representations and coverage determinations for insurance coverage bad faith claims; representation and recovery on a series of policies providing complex determinations of primary/excess responsibilities, “other insurance” obligations, drop-down coverages, pollution coverage determinations (in which $54M of losses was recovered from insurers). Business litigation to resolve disputes involving partnership, franchise, and commercial agreements, healthcare reimbursement issues, business dissolution issues, and non-competition and non-solicitation issues. Business transactions include purchases, sales and mergers of pipelines, veterinary and pharmaceutical companies, printing and chemical companies, physician and dental groups. Appointed by the Kansas Supreme Court to Board of Discipline (14 years).Elected to the Johnson County Judicial Past President of Selection Committee for three terms (12 years). Past President of the Kansas Bar Association. Ethics investigator of attorneys by appointment of approximately 5 per year for more than 20 years, concluding in 2020.

Served as a mediator on health care capitation issues, insurance claim valuation issues (five times), marketing agreement and territory infringement issues, business valuation issues, inventory valuation (two times), breach of contract issues (four times), oil lease royalty and renewable energy issues. Has served as counsel for a party in business dispute mediation approximately 30 times in the last six years.

As a mediator, had five cases over the last six years achieving settlement in business contract disputes involving employment issues, computer service billing/value issues, insurance policy coverages and claim valuation, quality of computer software preparation, partnership dissolution, noncompetition covenants, and construction contract differences.

At the conclusion of a mediation, if settlement has not been reached, each party will have a much better understanding of their position, their strong and weak points, and the risks associated with continuing the dispute in either the arbitration or litigation forum. A mediator's role is to focus each party on the risks of continued dispute and on the problems inherent in their position. A mediator's primary role is to serve as an independent observer such that each party will have access to a neutral and unbiased evaluation of (1) their position and (2) the risks inherent in continued conflict.

Washburn University (JD-1976); Carnegie Mellon University (MBA-1970; BS-1970).

Admitted to the Bar: Kansas (1977), Missouri (1991), Oklahoma (2010); U.S. District Court: Kansas (1977), Missouri (1991), Oklahoma (2010); U.S. Tax Court (1990); U.S. Supreme Court (1997). Civil Litigation, Board Certification received from the National Board of Trial Advocacy.

Kansas Bar Association-President (2013) Kansas Bar Association-Board of Governors (2007-2013) Wyandotte County Bar Association (since 1977) Johnson County Bar Association (since 1977) Missouri Bar Association (since 1991) Oklahoma Bar Association (since 2010) Earl E. O'Connor American Inn of Court (Master Emeritus) American Trial Lawyers Association - Top 100 in Kansas (since 2008) Missouri and Kansas Super Lawyers (since 2005) Member of the Million Dollar Advocates Forum. Johnson County Judicial Selection Committee (elected by county attorneys to three terms - 12 years) Kansas Board of Discipline (Appointed by Kansas Supreme Court for three terms - 12 years)

Hourly Rate: Not provided Daily Rate: $3,800.00 Study Rate: $475.00/hr Cancellation: Not provided Cancellation Period: 3 Days Comment: Charges for all time spent on case. Travel and per diem at an agreed-upon rate.

English

United States of America

Overland Park, Kansas