Mediator Resume

Extensive jury and non-jury trial and arbitration experience in a broad range of complex business litigation disputes, many that required expertise in forensic accounting issues, business valuations, tax and accounting issues, etc. Substantial experience dealing with a wide variety of contract disputes in automotive, or other industries. Also extensive experience in representing real estate investors, developers, builders, subcontractors, etc. More recently, have conducted well in excess of 250 mediations of commercial disputes with a high degree of success. Also have presided over a wide range of commercial arbitrations, either as a panelist (including as the neutral) or as a single appointed arbitrator.

Altior Law, P.C. - President and Founding Shareholder

Attorney

Founding Shareholder/President, Altior Law, PC, 2008-Present; Partner, Nathan Neuman Nathan, PC, 2004-2007; Partner, Hyman Lippitt, PC, 1991-2003; Associate, Hertzberg & Golden P.C, 1989-1991; Accountant, Ernst & Whinney, 1986-1989; Accountant, General Motors Corporation, 1985-1986.

Initial experience was on deal side of practice, including drafting, reviewing and negotiating numerous commercial documents for a variety of business transactions, including stock and asset sales, commercial loan agreements, commercial real estate purchase and sale agreements, commercial real estate and equipment leases, corporate bylaws and operating agreements, construction agreements etc. During this timeframe, also earned a certified public accounting license. This background helped develop a solid understanding of business fundamentals. Eventually, was introduced to the courtroom. Has since tried over 40 jury trials in both state and federal court to verdict and a similar number of non-jury trials and arbitrations in wide variety of corporate governance dispute, including shareholder/member oppression, breach of fiduciary duties, fraud and embezzlement, conversion, as well as numerous contract disputes in a wide variety of industries, including automotive, real estate, healthcare, professional services, etc. Has also litigated many accounting and tax malpractices, case both for plaintiff and defendant. Examples of trial and arbitration experience include the following: representing a tier one automotive supplier dispute against a Big 3 OEM that led to an $11M arbitration award for the Claimant; successfully tried an embezzlement case before a jury who awarded the Plaintiff treble damages and attorney fees; successfully defended a breach of contract and breach of fiduciary duty case where Plaintiff was seeking over $12M in damages and jury came back with a finding of no cause; successfully tried to a jury a claim for breach of contract on behalf of a high-end interior designer who worked 3 years on a 25,000 sq. ft. home with a $25M construction budget and was owed millions from the homeowners who refused to pay for services rendered; prevailed on a claim of tortious interference of contractual relations before a jury on behalf of a national billboard company against a competitor who was found to have fabricated a key piece of evidence. Verdict was affirmed on appeal by the Michigan Court of Appeals who made new law finding that a prevailing party is entitled to a recovery of attorney fees where verdict was based on fraudulent misconduct by the opposing party; and successfully tried a jury trial on behalf of a tier one supplier for a Big 3 OEM on a contract dispute involving millions of dollars. Have also appeared before the Michigan Court of Appeals and the US Court of Appeals (6th Circuit) on a variety of occasions.

Has mediated over 250 commercial disputes with high percentage of success in a wide range of legal issues for both state court and federal court disputes, as well as a number of conflicts that have been brought pre-litigation. Has studied the art of mediation extensively, and believe that successful mediation requires an equal part of IQ and EQ, and that the parties must trust that the mediator is truly interested in their best interest if the mediation is to be successful. types of cases successfully mediated include: automotive supplier disputes; shareholder oppression and breach of fiduciary duty cases; breach of contract actions; business tort cases; real estate disputes; accounting malpractice claims; probate disputes involving challenges against trustees and claims of undue influence; fraud and embezzelement claims.

Examples of cases successfully mediated include: business dispute between national food manufacturer, with their distributor who began a competing business and where the alleged damages were in the hundreds of millions; breach of contract action arising out of a sale/leaseback of a large commercial real estate building; real estate investors litigating over alleged breach of fiduciary duty issues related to managing member's actions over the assets; commercial loan disputes with borrowers alleging a variety of defenses, including lender liability; numerous automotive suppler cases dealing with a variety of claims for breach of contract, fraudulent inducement, intentional and negligent misrepresentation, etc; zoning dispute between a developer and local municipality; dispute between family members between an heir's right to assets in various trusts created for their benefit; accounting malpractice disputes; and fraud and embezzlement matters.

Conducts mediations both in person and on zoom. Utilizes "preliminary" sessions with each party to begin building rapport and to ensure everyone understands the process and what to expect during the mediation. Manages expectations by ensuring each of the parties understands that cases only settle with both sides get to "yes." Never concludes a successful mediation without a binding term sheet which in itself can be a challenging process but helps to ensure that settlements don't go backwards.

Is proficient with zoom and use it regularly in remote or hybrid mediations, as well as for the preliminary sessions.

Wayne State Law School (J.D. - 1986); Michigan State University (B.A., Accounting - 1983).

Admitted to the Bar: Michigan. Registered Certified Public Accountant: Michigan

State Bar of Michigan; Michigan Association of Certified Public Accountants.

In and around metro Detroit

Hourly Rate: $700.00 Daily Rate: Not provided Study Rate: $700.00/hr Cancellation: $700.00/hr Cancellation Period: 7 Days Comment:

English

United States of America

Birmingham, Michigan