Mediator Resume

Arbitrator and mediator with over 35 years of prior experience as a commercial litigator and Assistant U.S. Attorney representing federal agencies, corporations, financial institutions, private funds, family offices and individuals in trial and appellate courts and before arbitral tribunals. Represented both plaintiffs and defendants in disputes concerning contracts, insurance, partner/shareholder rights, securities, antitrust, bankruptcy, trust & estate administration, as well as in government and internal investigations. Twelve years arbitrating and mediating small claims in NYC Civil Court. Formerly a director of investigations at international security consulting firm and an analyst at hearings and appeals division of federal agency.

Froot Resolutions LLC - Arbitrator, Mediator

Arbitrator, Mediator, Attorney, Board Member

Principal, Froot Resolutions LLC, 2025-Present; Partner, Boies Schiller Flexner LLP, 2000-2025; Partner, Barrett Gravante Carpinello & Stern LLP, 1998-2000; Associate Director - Investigations & Financial Risk Management, Control Risks Group, 1996-1998; Deputy Chief Appellate Attorney, Assistant U.S. Attorney & Professional Responsibility Officer, United States Attorney’s Office for the Southern District of New York, 1990-1996; Associate, Simpson Thacher & Bartlett, 1988-1990; Law Clerk to the Honorable Morris E. Lasker, United States District Court for the Southern District of New York, 1985-1987; Exceptions & Appeals Analyst/Economist, U.S. Department of Energy, 1979-1982.

Lead attorney for over 35 years in a wide range of disputes arising in a variety of industries in the United States and abroad. Now a full-time arbitrator and mediator. Representative litigations and investigations in specific practice areas include: INSURANCE COVERAGE: defended London insurers in New York state court against $500 million coverage claim for theft of crude oil and refined products under all-risks policy; obtained dismissal in the Eastern District of Louisiana and Fifth Circuit Court of Appeals of civil RICO claim arising out of Hurricane Katrina against overseas insurance syndicates; obtained large arbitration award, including consequential damages, under financial guarantee insurance policies on behalf of major petrochemical manufacturer. BREACH OF CONTRACT: defended European litigation funder/investor in billion-dollar breach of contract lawsuit brought by leading private equity firm; obtained equity stake in successful fintech start-up for individual who made early contribution of intellectual property. FINANCIAL SERVICES: represented European financial services conglomerate in bankruptcy litigation arising out of Madoff fraud; prosecuted Anti-Terrorism Act claim on behalf of family of bombing victim against foreign state bank for facilitating money laundering/terror financing. PRIVATE FUNDS/FAMILY OFFICES: obtained multimillion dollar trial verdict in Delaware Court of Chancery against a rogue hedge fund on behalf of the family office of a banking fortune; represented hedge fund bondholder group in Second Circuit Court of Appeals challenging injunction against repayment of Argentine debt. TRUST & ESTATE ADMINISTRATION: obtained record settlement in litigation against major corporate trustee for mismanagement of family real estate trust; defended national bank in New York Surrogate’s Court trial against claims of negligent administration of trusts. SECURITIES: defended securities class actions and shareholder derivative suits against insurance company CEO and related parties in Southern District of New York and Delaware Court of Chancery; brought successful securities fraud action in New York Supreme Court, Commercial Division on behalf of European fund manager. ANTITRUST: represented major telecommunications firm in objection to federal government’s proposed settlement of Microsoft antitrust case; represented plaintiff class of independent pharmacies in multidistrict brand name prescription drugs antitrust litigation. ENERGY: as an analyst in the Office of Hearings and Appeals of the U.S. Department of Energy, conducted hearings and wrote over 50 administrative judicial decisions resolving appeals of agency action by oil & gas industry firms concerning emergency petroleum price control and allocation regulations. INVESTIGATIONS: represented leading mortgage servicer in Department of Justice investigation; represented national debt collection firm in investigation by New York Attorney General; represented CFO of public company in internal & SEC investigations; represented steel company executive in Foreign Corrupt Practices Act investigation. Lawdragon 500 Leading Litigators in America; Top 100 Super Lawyers, New York Metro; Department of Justice Exceptional Achievement Award relating to Whitewater investigation; FDA Commissioner's Special Citation for prosecution of case resulting in nationwide generic drug manufacturing standards; S.D.N.Y. U.S. Attorney's Office Special Achievement Award for excellence in litigation.

Represented businesses and individuals in successful two-party and multi-party mediations at all stages of litigation, from pre-filing to appeal, up to $100 million. Representative mediations: a foreign investor’s securities fraud claims against a hedge fund; a second-generation beneficiary’s claims for mismanagement of a family real estate trust involving 18 parties; an investor’s dispute with his financial advisor; a disputed allocation of D&O coverage responsibility among a dozen insurers in multiple shareholder derivative and securities fraud cases; the division of a contingent fee recovery between two law firms; condominium owners’ claims against the sponsor for capital improvements and repairs; Department of Justice claims for procurement fraud against defense contractor; antitrust claims by 400 independent pharmacies against prescription drug manufacturers. Served as a mediator or arbitrator in over 100 cases in New York City Civil Court for limited damages claims by individuals and small businesses.

Mediated litigation in New York City Civil Court involving consumer transactions, property damage, personal injury, landlord-tenant, deceptive business practices, professional services, breaches of contract, employment and fraud. Represented parties in mediations across a range of business disputes in the areas of securities fraud, shareholder derivative claims, breach of contract, partnership, insurance coverage, trust and estate administration, theft of intellectual property, employment and antitrust.

I bring to the mediation process 40 years of experience as a commercial litigator, drawing upon my background in the administrative judicial branch of a federal agency, as a law clerk to a federal district judge, as a small claims mediator and arbitrator, and as an advocate in the mediation setting. Mediation is a proven, effective process for resolving disputes, even where initially the parties are reluctant participants. It provides an opportunity that requires relatively little investment of time and resources, but can yield extraordinary savings financial and otherwise. My goal is to reach a mutually acceptable resolution by facilitating communication and problem solving. I employ a facilitative approach to mediation, but I am willing to engage in evaluation of claims, defenses, litigation risks and externalities, provided all parties request it. In some circumstances an evaluative approach can provide the basis for further discussions or even serve as a final resolution. A mediator should be open to helping the parties consider solutions that involve benefits outside the strict confines of the dispute. The mediation process belongs to the parties, and I can work within any framework agreed upon by the parties. Whatever the approach, I strive to establish a respectful tone for the mediation. I typically begin the process with a pre-mediation conference call to establish ground rules and a schedule, including any pre-mediation disclosures that the parties agree will make the process more effective. It is my practice to request pre-mediation statements from the parties, which can include mediator’s-eyes-only sections. If requested, I will also meet with individual parties and their counsel prior to the mediation session. Depending on the circumstances, I will employ at least one joint session in addition to private caucuses, and may request to speak with counsel separately from their clients where that could facilitate progress. I will never convey any information learned from one party to another party absent clear and direct authorization to do so. As long as the parties are willing to continue the process, I will make myself available to facilitate any discussions or negotiations that take place after the conclusion of the mediation session.

Experienced in the use of Zoom, MS Teams, LoopUp in remote proceedings; will conduct conferences/hearings via teleconference, videoconference or hybrid as necessary.

Columbia University School of Law (JD, Columbia Law Review, Charles Bathgate Beck Prize, Harlan Fiske Stone Scholar - 1985); Yale University (BA, Magna Cum Laude, Distinction in Economics, New England Society in the City of Brooklyn Scholarship - 1979).

Admitted to the Bar: New York (1986); U.S. District Court: Southern and Eastern Districts of New York (1987); U.S. Courts of Appeals: Fourth (1989); Second (1991), Eleventh (1999), and Fifth Circuits (2014).

New York City Bar Association (Arbitration Committee, 2024-present; Founding Member, Task Force on the Independence of Lawyers & Judges, 2016-Present; Member, Council on International Affairs, 2015-2019; Member, Federal Courts Committee, 2000-2003; Member, Corrections Committee, 1989-1992); New York State Bar Association (Alternative Dispute Resolution Section, 2024-present); Federal Bar Council, 2013-Present; Association of Small Claims Arbitrators, 1993-2005.

Speaker, “Federal Court Overrides of Bank Secrecy Laws,” Brooklyn Law School Center for International Law (2015); Television Interview - “U.S. Antitrust Law,” Today’s Verdict (2016); Panelist, "Legal Developments in Argentine Debt" (London) and "Argentina's Prospects for Supreme Court Review" (New York & London), Trade Association for the Emerging Markets/EMTA (2013); Instructor, Columbia Law School "Profession of Law" Course (1994, 1995, 1998); “U.S. Anti-Corruption Philosophy Gains New Ground,” The China Business Review (1998).

Hourly Rate: $650.00 Daily Rate: Not provided Study Rate: $650.00/hr Cancellation: $500.00/Day Cancellation Period: 3 Days Comment: In addition to travel per diem of $300, travel expenses charged on a pass-through basis.

English

United States of America

Bronx, New York