Mediator Resume

Attorney (retired)

Vice President, Truist Bank (formerly BB&T), 2013 – 2020; Managing Director, Entrust Associates, 2002 – 2013; Chief Executive Officer, Custom Wood Shutters & Blinds, 2002 – 2013; Vice President/Secretary & General Counsel, Martin Marietta Materials, 1979 – 2002; Attorney, Howrey & Simon, 1977 – 1979; Law Clerk to The Honorable Mark A. Costantino U.S District Judge, Eastern District New York, 1975 – 1977.

More than 45 years of broad legal and business experience. Practice primarily focused on commercial and litigation matters. Commercial experience includes drafting, analysis, and counsel including: the IPO of Martin Marietta Materials; M&A transactions: joint venture agreements; international and domestic sales agency and distributorship agreements; securities law; directors and officers liability; sale of goods; real estate purchases, leases and brokerage agreements; underwriting agreements; employment law and consulting agreements; antitrust and trade regulation; environmental permits; zoning applications and litigation; loan agreements; and licensing agreements. Litigation experience includes active supervision and participation (including trial court and appellate arguments) in litigation of lawsuits involving breach of contract, employment and discrimination cases, antitrust, class action lawsuits, UCC, bankruptcy and a broad range of business and personal torts.

Served as a mediator in a variety of commercial cases, including cases involving business acquisitions, stockbroker/client relations, insurance policy disputes, construction disputes, and partnership disputes.

Disputes have involved (1) representations and warranties issues in business acquisitions, (2) purchase price calculations in acquisitions, (3) breach of covenant claims in acquisitions, (4) tortuous interference and breach of fiduciary duty claims arising out of partnership disputes, and (5) interpretation of insurance policy clauses regarding applicable coverage, and other commercial use.

I am a strong believer in mediation on several grounds. Perhaps most importantly, it represents the parties' last chance to control the resolution of a dispute. When mediation fails, the parties will then be left to rely on the decisions of third parties (judges and juries). Mediation also allows parties to attempt a resolution with a minimum of unnecessary posturing. I am an active mediator. That means listening carefully to the parties concerns, issues and desires. It means actively exploring ideas - including "outside the box" approaches that can create win/win solutions. I'll express my opinions, but I don't twist arms other than through persuasion. I believe in exploring with parties their BATNA (best alternative to a negotiated agreement). I don't give up easily, and have followed up with parties for several weeks in order to successfully resolve disputes. Having negotiated approximately $750 million in acquisitions and divestitures as well as countless other commercial agreements, I understand the importance of finding solutions that create a win/win solution for both parties. I've served as a law clerk to a federal district court judge and supervised hundreds of litigation cases. As a result, I can usually provide insight into possible trial results. Mediation is most successful in my experience, when the parties approach the process with a willingness to explore whether there are solutions that can benefit them. When the parties view the mediation as a "problem solving" experience, it's often possible to find ways that, in fact, solve the problem.

George Washington University (JD, with honors-1975); Johns Hopkins University (BA-1972).

Admitted to the Bar: Virginia (1975), New York (1977).

North Carolina, South Carolina

Hourly Rate: $375.00 Daily Rate: Not provided Study Rate: $375.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Ft. Mill, South Carolina