Mediator Resume

Longstanding arbitrator and mediator of complex commercial matters predicated upon two decades as a business litigator, followed by senior inhouse counsel positions in the hedge fund, financial services and real estate industries. Particular affinity for emotionally charged contractual and employment disputes involving a company’s owners, principals and senior level executives, especially those involving investment management / financial services relationships and business divorces. In addition to participating on its general Commercial, Employment, Construction, Consumer and Franchise panels, serves on American Arbitration Association's specialty panels for Large Complex Cases and Financial Services.

Positively Neutral, LLC - Principal

Arbitrator, Mediator

Senior Vice President and Deputy General Counsel, Radian Group Inc., 2014-2023; General Counsel, Clayton Holdings LLC (acquired by Radian Group Inc.), 2012-2014; Attorney, Levett Rockwood P.C. (now, Verrill Dana), 2011-2012; General Counsel and Chief Administrative Officer, OpHedge Investment Services LLC (now, Citco Fund Services), 2005-2010; Partner, Zeldes Needle & Cooper, 1982-2005.

Multiple legal careers, first as a litigator of commercial and employment disputes, followed by service as inside counsel to two financial services companies (hedge fund and real estate industries). Litigation experience (1982-2005, 2011-2012) encompassing all aspects of the business enterprise, including mergers, acquisitions and joint ventures, employment matters (especially involving senior management's contractual, compensation, nondisclosure, noncompetition and nonsolicitation rights and obligations), supplier, client and customer relationships, financing arrangements, real estate development and ownership issues, and the contractual and fiduciary relationships existing among partners, shareholders and limited liability company members. Experience also included professional negligence and malpractice matters in legal (attorneys), construction (contractors and architects) and financial services (accountants) industries. In-house experience (2005-2010, 2012-2023) first involved service as general counsel, chief administrative officer and corporate secretary to OpHedge Investment Services, LLC (subsequently acquired by Citco Fund Services), a multinational hedge fund administrator that serviced some of the industry's largest and most complex hedge funds, asset managers and private equity funds. At OpHedge, had ownership of all legal matters for the company and its three international subsidiaries, and was a member of the senior management team that in five years took the company from start up to a successful exit liquidity event. In 2012, commenced service as general counsel to Clayton Holdings LLC (a multinational mortgage and real estate services company serving investment banks and other institutional investors) acquired by Radian Group Inc. (NYSE:RDN) in 2014. At Radian served as Deputy General Counsel, Real Estate Services. Responsibilities from 2012-23 encompassed serving as the chief legal officer for Clayton and Radian's products and services used by financial institutions, investors, GSEs and governmental entities to evaluate, acquire, securitize, service and monitor loans, real estate assets and asset-backed securities, including legal oversight of contractual, litigation, human resources, intellectual property, information technology, leasehold, mergers, acquisitions and divestitures matters for loan due diligence, asset management, title, valuations and real estate brokerage businesses. International experience both in private practice and as in house counsel, including representation of international clients in litigation and arbitration matters, representation of association of European medical device distributors, and oversight of legal matters for international corporate subsidiaries (Shanghai, United Kingdom and Cayman Islands), including licensing and regulatory, employment, leasehold and real estate, corporate formation and divestiture issues. Authored a website/blog from 2011-24 that tracked the intersection of law and golf.

Served as a mediator since 1988; member of the National Academy of Distinguished Neutrals; former chair of the Connecticut Bar Association's Dispute Resolution Section; recipient of the "The Honorable Robert C. Zampano Award for Excellence in Mediation." Mediations have encompassed the following representative issues: Business controversies arising out of ongoing operations and mergers, acquisitions and joint ventures, including misrepresentations and material omissions in contractual documents, usurpation of corporate and partnership opportunities, risks created by personal guaranties, the threatened termination of credit by lenders, complications created by the divorce of an owner, nepotism, non-competition provisions, and the failure to meet earn-out benchmarks. Employment matters, especially for senior level executives, including termination and severance issues, equity participation arrangements, covenants not to compete, trade secrets, and usurpation of corporate opportunities. The separation of physicians and other providers from medical practice groups, including attendant valuation issues, personal guaranties for corporate obligations, non-competition provisions, and real estate ownership. Construction disputes, including delay claims, wrongful termination, deficient work, nonpayment, and failure to pay subcontractors and suppliers. Franchise matters, including offering document misrepresentation, franchise fees, lack of franchisor support, and franchisee's failure to comply with requirements. Real Estate and Construction Disputes encompassing commercial and residential developments and disagreements between owners and contractors, contractors and subcontractors, lenders and borrowers.

FINANCIAL SERVICES: Highly sensitive disputes between owners, principals and employees of private equity, hedge funds, angel and venture capital investors, and other financial service enterprises. BUSINESS OWNERSHIP AND DIVORCE: Restructuring and/or separation of principals' ownership interests in a variety of enterprises, including real estate, manufacturing, franchise, medical and other professional practices. EMPLOYMENT: Disputes between enterprises and senior executives including compensation, equity ownership, non-competition and non-solicitation provisions, and workplace behavior. CONTRACTS AND COMMERCIAL: Rights and responsibilities of participants in business relationships, whether embodied in written agreements or common law obligations and fiduciary duties. REAL ESTATE AND CONSTRUCTION: Disputes among the owners, investors, lenders, contractors and subcontractors of commercial and residential developments and high end single family homes. FRANCHISE: Disagreements between franchisors and franchisees encompassing the continuation and/or termination of the relationship.

Seemingly similar disputes can take varied paths based on the personalities and goals of the parties. Working with counsel to understand the dynamics of the particular dispute, and to determine what obstacles stand in the way of settlement is crucial. And, of course, building rapport and trust with the parties by listening, questioning and understanding is key. I am tenacious and will work with counsel and their clients as long as necessary to find a resolution.

As desired, willing and able to conduct proceedings virtually by Zoom. Familiarity with major AI platforms. Proficient at digitally handling large volumes of submissions and exhibits. Successfully completed Clearbrief Academy, May 2025.

University of Virginia (JD-1982); Haverford College (BA-1978).

Admitted to the Bar: New York (2005), Connecticut (1982); U.S. District Court: District of Connecticut (1982), Southern District of New York (2012); U.S. Court of Appeals: Second Circuit.

National Academy of Distinguished Neutrals; Association of Commercial and Transactional ADR Professionals (ACT-ADR); FINRA ; AAA-ICDR Financial Services Advisory Committee; New York 9th Judicial District Roster of Mediators; American Bar Association; Connecticut Bar Association; American Bar Foundation; Connecticut Bar Foundation

RECENT PUBLICATIONS: “A Return to First Principles: Individual Mediation as an Alternative to Mass Arbitration,” DISPUTE RESOLUTION JOURNAL, 2025; POSITIVELY NEUTRAL QUARTERLY NEWSLETTER, 2023-26 ("The Fisherman's Way: Resolving Business Disputes Before They Spoil"; "Two Years In: Reflections from the Neutral's Chair"; “The Upside of Mediation ‘Reasonableness’ Over ‘Righteousness’”; “Bridging the Valuation Gap: Strategic Tools for Managing Damages Disputes in Arbitration”; “What Do Business-To-Business Arbitration And A Well-Tailored Suit Have In Common?”;"Advantages of B2B Arbitration"; “Kool-Aid®, Goalposts and Uncle Harry”; “Prioritizing Process”; “Hidden Agendas”; “A Man Needs To Know His [Statute Of] Limitations”; “Good Grief”; “Mediation Is Not Just For Settlement”; “Arbitration Snoozing And Losing”; “Sometimes There’s Not Much To Fight Over”; “A Tailor Made Arbitration”); “Arbitration is Not Litigation,” CONNECTICUT BAR ASSOCIATION, 2024. NOTABLE (OLDER) PUBLICATIONS: "The Passionate World of Business Divorce: Some Tips for Counsel," DISPUTE RESOLUTION JOURNAL, 2004; contributing author, MEDIATION PRACTICE BOOK, 2002. REPRESENTATIVE SPEAKING ENGAGEMENTS: "Arbitration: Friend or Foe", ACC (National), 2026; "Arbitration: Friend or Foe?“, ACC (Westchester/Southern Connecticut), 2026; "Tell It to the Arbitrators and Arbitration Providers,” New York State Bar Association, 2023; “Arbitration is Not Just Litigation Sitting Down,” Connecticut Bar Association, 2023; "Avoiding the Litigation Time Bomb: Successful Strategies for the Golf Industry," PGA Merchandise Show, January 2012, Orlando; Co-Chair, "An Arbitration Grand Slam, Reestablishing the Goals for Quicker, Cheaper, Better Protocols for Corporate and Transactional Counsel," Connecticut Bar Association and Westchester-Fairfield County Corporate Counsel Association, 2011; "What You Don't Know About ADR Can Hurt You," Connecticut Bar Association, 2010; "Regulation of ADR Provider Organizations," John A. Speziale Fifth Alternative Dispute Resolution Symposium, 2005; "Recent Developments in Alternative Dispute Resolution," Connecticut Bar Association, 2004; "Negotiating Skills," Connecticut Association of School Business Officials, 2004; "Contracts and ADR: Everything Transactional Attorney Needs to Know About Arbitration and Mediation But Never Bothered to Ask," Connecticut Bar Association, 2003; "Avoiding or Surviving Litigation," Chamber of Commerce, 2002; "Resolving Disputes Among Owners of Closely Held and Family Businesses," Connecticut Bar Association, 2001.

Provides arbitration and mediation services nationally and without travel cost in New York City, Westchester and surrounding counties, Connecticut, Boston, Philadelphia, Rhode Island, New Jersey and Delaware.

Hourly Rate: Not provided Daily Rate: $7,500.00 Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: Single daily rate includes pre-mediation conference with counsel, review of written submissions, attendance for single mediation day and reasonable follow up. Additional mediation days subject to additional fees.

English

United States of America

White Plains, New York