Mediator Resume

Is currently an arbitrator and mediator in cases involving intellectual property, breaches of contract, construction, oil and gas pipelines, employment, labor, environmental, partnership disputes. Mediations have been adjunct to trial courts and appeal courts, as well as privately retained. Has been appointed by judges as Special Master in discovery disputes and to recommend backpay in the largest SDNY Title VII case. During 45 years of private practice, represented plaintiffs and defendants in arbitrations, mediations and before state and federal courts. Was also an Assistant U.S. Attorney in the SDNY assigned to the Civil and Criminal Divisions and prosecuted the first criminal insider trading case.

Lankler Siffert & Wohl LLP - Founding Partner New York University Law - Adjunct Professor Trained and experienced in conducting remote ADR proceedings, and available to conduct arbitrations remotely following secure and appropriate protocols.

Arbitrator, Mediator, Lawyer, Professor, Author

Founding Partner, Lankler Siffert & Wohl LLP, 1983 - Present; Adjunct Professor, New York University Law, 1979 - Present; Partner & co-head of litigation, Barovick Konecky Braun Schwartz Kay & Schiff (Fulop & Hardee), 1979 - 1982; Assistant US Attorney, US Attorney’s Office - Southern District of New York, 1974 - 1979; Law Clerk to Hon. Murray I. Gurfein, U.S. District Judge - Southern District of New York, 1972 - 1974.

Over 45 years of litigation practice has included virtually every aspect of litigation, including ADR. Cases have been both civil and criminal tried to juries, bench and arbitral panels. Civil cases have been as both plaintiff and defendant. Civil cases included environmental disputes involving impact statements under NEPA and ambient air standards under the Clean Air Act. Corporate governance cases include compliance with best practices and existing rules as well as allegations of breach of fiduciary duties in the context of both not-for-profit and corporate settings. Handled tort claims involving traffic accidents and professional malpractice cases alleging legal and accountant malpractice under applicable Ethical Rules and GAAP. Cases involving securities law violations have arisen under sections 5, 11, and 17 of the Securities Act, and section 10b of the Exchange Act. Intellectual property cases have included copyright and trademark, photographers’ and artists’ rights, as well as defamation cases. Experience in handling executive employment contracts as well as labor disputes and Title VII cases. Experience includes disputes involving real estate zoning, construction of storage facilities, malpractice allegations in townhouse renovations, in addition to other commercial and contract disputes. Education cases have included administration/faculty discipline and title IX sexual harassment. Experienced representing clients and parties with differing cultural points of view, including from Brazil, Chile, France, Spain, Finland, Germany, Italy Israel, Bahrain, Japan, China, and Canada. Clients and parties have had diverse economic interests, including corporations, corporate boards, individual directors, and senior officers, employees, as well as major law firms and individual lawyers. Experience in professional and regulated industries include SEC proceedings and banking regulators, securities regulatory broker dealer proceedings; professional, representation of medical doctors before the OPMC and lawyers before disciplinary and grievance committees. Defended lawyers and medical doctors at attorney discipline proceedings and medical disciplinary proceedings, and have functioned as as hearing officer and panel chair at state and federal attorney disciplinary cases. Have prosecuted and defended criminal cases in numerous federal courts, and appeared as defense counsel in state court. The criminal cases included tax fraud, antitrust, anti-kickback health care fraud, money laundering, Foreign Corrupt Practices Act, Hobbs Act, RICO, bank robbery, narcotics violations, securities and mail fraud, the first insider trading prosecution, art forgery, false designation of origin of artworks, theft of bitcoins, among others.

In the past 30 years, appointed by district judges in the Southern District of New York to be Court Appointed Mediator and Special Master. As Court Appointed Mediator, handled an environmental dispute and a Title VII employment class action involving over 5,300 African American and Hispanic teachers who failed a discriminatory teacher certification test. Tasked with mediating and making individuals backpay and pension awards for each claimant. Serve on the Second Circuit and the Southern District of New York Pro Bono Mediation Panels. Have mediated over 100 cases. Previously served as Special Master in the First Department to mediate appeals. In addition, retained to facilitate numerous private mediations, including complex disputes involving securities violations, executive employment, labor and wage, employment discrimination, pensions and backpay damages, intellectual property disputes respecting copyright and trademark infringements, publishing contracts, royalty agreements, commercial disputes involving franchise agreements, contract interpretation, allegations of professional malpractice by lawyers, law firms and accountants, partnership disputes and business dissolution, as well as issues respecting the health care industry, environmental and other complex commercial matters. Mediation of insurance coverage, subrogation and property claims involved more than three parties in three countries.

Trained and subscribe to facilitative approach to mediate disputes that will achieve a resolution in the parties’ interests. Will assist the parties to formulate and prioritize their respective goals and will help them realize those goals, without bias or favoritism. Unafraid to perform reality checks on their positions and able to coach parties on how to articulate solutions that may be acceptable to the other side. When called upon, comfortable and confident in giving evaluative insights if it will achieve resolution.

Columbia Law School (JD-1972); Amherst College (BA, cum laude-1969).

Admitted to the Bar: New York (1973); US District Court: Eastern and Southern Districts of New York (1974); US Court of Appeals: 2nd Circuit; US Supreme Court (1979). CIArb Certified Mediator (2021), FCIArb (2019).

Chartered Institute of Arbitrators, Fellow; CPR, Distinguished Neutral Panelist; LCIA, Member; CEDR, Member; New York City Bar Association, Alternative Dispute Resolution Committee, member; Arbitration Committee, former member; Federal Legislation Committee, former chair; Executive Committee former Member; American College of Trial Lawyers, Fellow, former Regent and former Trustee of its Foundation; former Chair of Downstate NY Committee, former Chair of Admission to Fellowship Committee; Second Circuit Civic Education Program Committee, Advisory Attorney Group and member of Education Committee and Learning Center Committee; Practicing Law Institute, Emeritus Board Member, former co-chair of the Pro Bono Committee; Historical Society of the New York Courts, Trustee, Vice Chair and Member of Executive Committee; Federal Bar Council Inn of Court, co-founder, Executive Committee and former President; Citizens Crime Commission Lawyers Council, Member; New York Lawyers for the Public Interest, Emeritus Board and former Board Chair; Supreme Court Historical Society, Trustee; Appointed by Chief Justice Roberts to Judicial Conference Advisory Committee on Criminal Rules 2012-2018 and to the Advisory Committee on Evidence Rules 2023-present.

PUBLICATIONS: Books: Co-author Sand, Modern Federal Jury Instructions-Civil (3 volumes) and Co-author Sand, Modern Federal Jury Instructions-Criminal (2 Volumes), Matthew Bender (both updated semiannually since 1983). Articles: “AI Evidence Rule Tweaks Encourage Judicial Guardrails,” Law360 (December 10, 2025) (co-author with Jillian Berman, Cindy Kuang);“ A Simple Way Courts Can Help Attorneys Avoid AI Hallucinations,” Law 360 (August 11, 2025);co-author with Terrence Connors, Jeannie Rose "Rosie" Rubin); “Mastering Mediation: Beyond the Session Itself,” New York Law Journal (August 5, 2025) (co-author with Nelson E. Timken); “Mastering Mediation Advocacy: Essential Skills for the Modern Litigator,” New York Law Journal (July 24, 2025) (co-author with Nelson E. Timken); “Risks Of Today’s Proffer Agreements May Outweigh Benefits,” Law 360 (March 31, 2025) (co-author with Jillian B. Berman, Benjamin J. Schwartz);"How Judiciary Can Minimize AI Risks in Secondary Sources", Law360 (October 31, 2024) with Allison Morse; "Why the NYC Bar Association Report on the State of Mediation Confidentiality in NY is Required Reading", New York Dispute Resolution Lawyer Vol. 17, No. 2 (September 11, 2024) (co-author Cassandra Porsch); Open Questions Three Years after Second Circuit's Fugitive Ruling" Law360-Expert Analysis (August 26, 2024)(co-author with Gabrielle S. Friedman, Jeannie Rose Rubin); "Application of Mandatory Law in U.S. Arbitration" Dispute Resolution Journal, September-October 2024 (Vol.78, No.3)(July 30,2024,)(co-author with Steven Skulnik and Brett Mead); "Mitigating Incarceration's Impacts on Foreign Nationals" Law360-Expert Analysis (May 21, 2024)(co-author with Jillian B. Berman and Zachary Baron Shemtob); "The Lurking risk in Arbitrations of Stipulating that Privileged Documents Produced in Discovery Can be Deemed Inadvertent and Presumptively Clawed Back" NYSBA New York Dispute Resolution Lawyer (2024) vol. 17 (co-author with Angela Zhu); "SDNY Ruling Warns Parties to Heed Amended Disclosure Rule", Law360-Expert Analysis (December 12, 2023)(co-author with Brandon G. Davis); "It's Time to Revisit Mens Rea in Criminal Price-Fixing Cases" Law360-Expert Analysis (February 16, 2023); An Examination of Institutional Arb-Med-Arb Protocols and Practices" Dispute Resolution Journal, Volume 76, Issue 1 (August 16,2022)(co-author with Peter Pettibone and Angela Zhu); "The Due Process Protection Act: How Rule 5(f) Came to Be and Where Do We Go from Here?" The Champion (April 15, 2021) (Co-author with Hon. Donald W. Molloy); “New Criminal Rule 5(f) Could Alter Brady Disclosure Timing,” Law360 (November 30, 2020) (co-author with Brice Jastrow); “New Federal Rule of Criminal Procedure 16.1 Will Initiate Sea Change in Pretrial Disclosures — If Judges, Prosecutors and Defense Bar Take It Seriously,” The Champion (NACDL) (November 1, 2019); "Insider Trading as Fraud: Economic Benefit as an Element" New York Law Journal- Outside Counsel, (January 20,2016 co-author with Leigh Llewelyn; Understanding Insider Trading as Breach of Duty of Loyalty" New York Law Journal-Outside Counsel, (January 20, 2016)(co-author with Michael Herman); “Insider Trading as Fraud: Economic Benefit as an Element,” New York Law Journal (June 22, 2016); “Understanding Insider Trading as Breach of Duty of Loyalty,” New York Law Journal (January 20, 2016); “Lawyer-Mediator’s Dilemma to Report Misconduct but Maintain Confidentiality,” New York Law Journal “Outside Counsel,” February 22, 2013 with Julia Green. SPEAKING ENGAGEMENTS: PLI multipart program "Drafting an Arbitration Agreement in 2023" (streamed 2023); Ninth Circuit Chief Judges' Conference panel on the Due Process Protections Act and Brady (February 23, 2021); Yale Law School on White Collar Criminal Defense: Critical Issues and Strategies in the Sotheby's-Christie's antitrust case (April 15, 2022)

Hourly Rate: $700.00 Daily Rate: Not provided Study Rate: $700.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Will charge $350/hour for travel time unless studying for the mediation, in which case will charge the full $700/hr.

English

United States of America

New York, New York