Mediator Resume

Independent international and domestic commercial arbitrator and mediator with more than 35 years of experience resolving complex business disputes. Member of the AAA Commercial Panel and ICDR International Panel. Has served as a neutral in more than 1,000 proceedings, including as sole arbitrator, tribunal chair, party-appointed arbitrator, emergency arbitrator, and mediator. More than two decades of experience as a commercial lawyer handling complex litigation and domestic and cross-border transactions across a broad range of industries. Former director of a NYSE-listed multinational airline holding company, bringing substantial legal, business, and corporate governance experience to dispute resolution.

Leshaw Law, P.A. - International & Domestic Commercial Arbitrator and Mediator

Arbitrator, Mediator

Independent Arbitrator and Mediator, Leshaw Law, P.A., 2013-present; Shareholder, Greenberg Traurig, 1991-2013; Associate, Skadden, Arps, Slate, Meagher & Flom, 1989-1991.

More than three decades representing domestic and international clients in complex commercial litigation, restructurings, and transactions throughout the United States, Latin America, the Caribbean, and Europe before devoting the practice to arbitration and mediation. Clients included private equity sponsors, financial institutions, airlines, shipping companies, real estate developers, technology and telecommunications companies, entertainment companies, and closely held businesses. Litigation experience includes breach of contract, fraud, securities, corporate governance, fiduciary duty, valuation, tax, bankruptcy, and business-tort matters. Transactional experience includes mergers and acquisitions, asset purchases and sales, financings, workouts, restructurings, and cross-border insolvency proceedings. This combination of litigation and transactional experience provides a practical understanding of how commercial disputes arise, how contractual provisions allocate risk, and how business considerations affect litigation and settlement decisions. Director of Avianca Holdings S.A., then a NYSE-listed multinational airline holding company, from 2018 to 2022. Board service included corporate governance, fiduciary oversight, executive compensation, strategic transactions, enterprise risk, restructuring, and Chapter 11 matters. Member of Board of Directors, Avianca Holdings S.A. (NYSE: AVH), 2018-2022. Served on the Audit Committee; Human Talent and Compensation Committee; Executive Committee; Corporate Governance and Nomination Committee; Independent Equity Committee; and Restructuring Committee.

Mediated hundreds of domestic and international commercial disputes, with amounts at issue ranging from less than $100,000 to hundreds of millions of dollars. Substantial experience with complex, high-value and multi-party matters involving contract and business disputes; shareholder, partnership and business dissolution disputes; mergers and acquisitions; valuation and accounting issues; business torts and breach of fiduciary duty claims; securities and investment disputes; aviation and maritime matters; real estate; intellectual property and technology; employment and restrictive covenants; professional liability; insurance; franchise matters; bankruptcy and insolvency; and supplier, vendor and other commercial relationships. Significant experience mediating disputes involving closely held businesses, sophisticated commercial parties, investors and corporate stakeholders, including matters in which resolution requires consideration of ongoing business relationships, valuation issues, transaction structures, or other interests extending beyond the claims asserted in the litigation or arbitration. Experienced in domestic and international matters and in mediations involving multiple parties, complex factual and legal issues, and substantial financial stakes. Mediation approach is practical, well-prepared and focused on helping parties realistically evaluate risk and identify workable paths to resolution. Draws on more than 35 years of experience as a mediator, arbitrator, commercial lawyer and corporate director, including extensive experience with complex litigation and domestic and cross-border business transactions. Comfortable working with counsel, business principals, executives and other decision-makers to address both the legal and commercial considerations affecting settlement.

Representative issues have included breach of contract; contract interpretation and performance; shareholder, partnership and closely held business disputes; corporate governance and fiduciary duties; business dissolutions and ownership disputes; mergers and acquisitions, including purchase price, earn-out, indemnification and post-closing disputes; business and asset valuation; accounting and financial issues; private equity and investment disputes; commercial lending and finance; securities and investment claims; fraud and Ponzi schemes; business torts; bankruptcy and insolvency; intellectual property, licensing and technology disputes; employment, non-compete and confidentiality issues; franchise disputes; real estate, development and leasing; insurance and professional liability; and supplier, vendor and other commercial disputes; aviation; and maritime. Industry experience has included aviation; maritime, cruise and passenger-vessel operations; banking and commercial finance; private equity and venture capital; manufacturing and industrial businesses; technology, telecommunications and e-commerce; real estate; energy; healthcare; entertainment; franchise businesses; and casino gaming. International mediations have involved parties, transactions and disputes spanning multiple jurisdictions, particularly the United States, Latin America and Europe. Experience includes multi-party and cross-border matters involving different legal systems, business cultures and commercial practices.

Proactive, practical and persistent mediator. Mediation begins with a thorough understanding of the facts, legal issues, business considerations and interpersonal dynamics affecting the dispute. Parties are encouraged throughout the process to realistically evaluate their positions, the range and probability of potential outcomes, and the financial, business, reputational and personal costs of continuing the dispute. Preparation is an important part of the process. Counsel and party representatives are expected to prepare meaningfully for mediation rather than simply arrive and begin negotiating. Before the mediation, works with counsel as appropriate to identify issues that warrant particular attention, matters to address in exchanged or confidential submissions, and the appropriate participants and decision-makers. Typically conducts separate pre-mediation calls or video conferences with counsel after reviewing the submissions. These discussions help identify the principal legal and factual issues, understand party and counsel dynamics, uncover potential impediments to settlement, and make the mediation session more focused and productive. During the mediation, seeks to understand not only each party's legal position but also the underlying interests and motivations driving the dispute and potential resolution. Draws on substantial experience as a commercial lawyer, arbitrator, mediator and corporate director to understand the business context and help parties explore practical and creative solutions. Comfortable addressing complex legal, financial, valuation and transactional issues and helping parties assess litigation and arbitration risk without losing sight of commercial objectives and ongoing relationships. Persistent when progress remains possible. Will continue working with parties so long as they are participating constructively, including after the scheduled mediation session when appropriate. Comfortable testing assumptions and helping parties confront weaknesses and downside risk in their positions while maintaining neutrality and preserving each party's responsibility for its own settlement decisions. Experienced conducting both in-person and remote mediations, including international and multi-party matters. Comfortable working across different legal systems, business cultures and time zones. Remote mediation is used when appropriate and can provide an efficient and productive format, particularly in cross-border disputes.

Experienced in conducting remote and hybrid preliminary conferences, evidentiary hearings, and non-evidentiary hearings using Zoom and Microsoft Teams. Proficient in Microsoft Office and comfortable addressing document management, e-discovery and electronically stored information, digital evidence, data privacy and security, cybersecurity, and artificial intelligence issues.

New York University School of Law (J.D. - 1989); Tufts University (B.A. - 1986).

Admitted to the Bar: Florida (1992); New York (1990); U.S. District Courts; U.S. Courts of Appeals: Second, Eleventh and other Circuits.

The Florida Bar; New York State Bar Association; The Florida Bar International Law Section (Founding Member of Arbitration Committee); Founding Member, Key Biscayne Bar Association.

Has written and spoken on arbitration, mediation, international legal issues, securities law, bankruptcy, and insolvency. Has led AAA arbitrator roundtable discussions on arbitration issues, including case management and procedural issues. Has also published articles on maritime subjects in leading boating publications.

No charge for travel time. No travel-expense charge for proceedings in Miami, Florida, or Bogota, Colombia.

Hourly Rate: $675.00 Daily Rate: Not provided Study Rate: $675.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: No cancellation fee but fees due for services such as preparation completed before cancellation. Travel applies only to out of town travel.

English

United States of America

Key Biscayne, Florida