Mediator Resume

Falcon Rappaport & Berkman LLP

Attorney, Arbitrator

Partner, Falcon Rappaport & Berkman LLP, 2025-Present; Partner, Scarola Zubatov Schaffzin PLLC, 2020-2025; Founder, Law Offices of Bart J. Eagle PLLC, 1997-2020; Partner/Associate, Vincenti & Schickler P.C./Law Offices of Vito R. Vincenti P.C., 1987-1997; Assistant District Attorney, Queens County District Attorney’s Office, 1981-1987.

Commercial: Represents clients in a wide variety of business litigation matters including breach of contract; breach of fiduciary duty; factoring and other banking and commercial financing relationships; shareholder and partnership disagreements; license and distribution agreements; employment relationships; disputes between customers and banks pursuant to the Electronic Funds Transfer Act ("EFTA") resulting from identity theft; the purchase and sale of a business; and a myriad of other contractual issues. Also represents victims of fraud, including securities fraud and Ponzi schemes. Represents clients in mediations involving breach of contract, breach of fiduciary duty, fraud and conversion claims between factors and their clients; EFTA claims between a bank and its customers resulting from identity theft; fraud and related claims between security broker-dealers and their customers; contract claims between licensors and licensees; and contract claims between a manufacturer and its customer. The commercial matters have involved amounts in dispute up to $5,000,000. Negotiates and drafts commercial agreements including factoring, license, employment, severance, distribution, asset purchase, collaboration, service, shareholder, operating, and partnership agreements; leases, and the purchase, sale, and assignments of intellectual property rights. Criminal: As an Assistant District Attorney in Queens County, New York for six and one-half years, was a member of the Homicide Trial Bureau, the Major Offense Prosecution Program, and a Supreme Court Trial Bureau. Investigated, tried and obtained convictions for murder, other armed and violent felonies, and economic crimes.

Serves as a mediator for over 13 years in commercial matters including disputes between partners, shareholders and members of companies; disputes involving claims of conversion, fraud, malfeasance and breach of fiduciary duty; breach of contract actions including a dispute between two investment banking companies over entitlement to a fee, disputes resulting from a sale of a business, disputes over amounts claimed due on loans, and disputes over amounts claimed due on commercial and residential leases; disputes between a company and former employee; FLSA and related employment claims; ADA claims; and disputes between homeowners and insurance companies resulting from Super Storm Sandy. On the panel of mediators of the United States District Court, Southern District of New York, the United States District Court, Eastern District of New York, and the rosters of mediators of the American Arbitration Association, the Commercial Division of the Supreme Court of the State of New York, County of New York, and the Coop and Condo Panel of the NYCBA. Is former co-chair of the NYSBA Dispute Resolution Section’s Mediation Committee, a former member of the NYSBA Dispute Resolution Section’s Executive Committee, and a member of the ADR in the Courts Committee; is a member of the NYCBA Alternative Dispute Resolution Committee. Serves as a coach and facilitator of basic and advanced mediation trainings offered by the NYCBA and the NYSBA. Experienced with Zoom and other forms of remote technology - able to conduct proceedings online.

Issues have included claims of mismanagement and malfeasance by and between shareholders in a closely held corporation and the demand for the appointment of a receiver; derivative claims brought by a member of a limited liability company against the managing member for breach of the operating agreement and fraud; an investment banking company's entitlement to a fee following a completed transaction based on its contract with another investment banking company, involving a dispute over the interpretation of the contract; claims by a company that a long-term employee had resigned and diverted business; the entitlement of seller to payment of the balance of the purchase price and related claims arising from the sale of a business under the terms of the contract of sale and the buyer's defense of, and counterclaim for, fraud, involving both a dispute as to the interpretation of provisions of the contract and the factual allegations of fraud; a "paymaster's" liability for a payment received by him and then remitted to a third party without the payor's consent, allegedly in violation of the agreement between the paymaster and payor, involving both disputed factual claims and the legal issue of whether the paymaster, who was also an attorney, owed a duty to the payor; FLSA claims; ADA claims; and disputes amongst and between condominium owners, and between a condominium owner and the board of managers.

I employ both facilitative and evaluative styles as may be appropriate to the case and requested by the parties. I encourage the parties to be forthcoming, explain fully the issues and facts as they see them, and to listen carefully to the other party’s presentation. Once all parties have had a chance to speak and know that they have been heard - by other parties and by me - I will try and gain agreement as to what the issues are and then work with the parties - together or separately, in caucus - to attempt to arrive at a mutually agreeable solution. To accomplish this I will explore with each party the strengths and weaknesses of the arguments of all parties, provide reality tests as needed, and assist the parties identify their needs and interests and those of the other parties to help them generate and explore settlement options.

Experienced with Zoom and other forms of remote technology - able to conduct proceedings online.

University of Miami School of Law (JD-1980); Queens College of the City University of New York (BA-1977).

Admitted to Bar: New York (1981); U.S. District Court: Southern (1981) and Eastern (1981) Districts of New York; U.S. Supreme Court (2000).

Member of the New York City Bar Association (NYCBA) Council on Judicial Administration, and the ADR in the Courts Committee, Efficiency Working Group; former chair of the NYCBA State Courts of Superior Jurisdiction Committee; member of New York State Bar Association (NYSBA) Commercial and Federal Litigation Section. Member of the NYSBA Dispute Resolution Section; former co-chair of the DRS Mediation Committee; former member of the NYSBA Dispute Resolution Section’s Executive Committee; member of the DRS Mediation, Arbitration, Dispute Prevention and ADR in the Courts Committees; member of the DRS Chair Advisory Council; member of the Mediation Advocacy Committee of the United States District Court, Southern District of New York; and member of the International Institute for Conflict Prevention & Resolution (CPR) and CPR's Arbitration, Mediation and Dispute Prevention Committees. Member of the NYCBA delegation to the NYSBA House of Delegates.

New York metropolitan area; all mediations conducted by videoconference

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $600.00/hr Cancellation: Not provided Cancellation Period: 1 Days Comment: There would be additional fees for travel over 100 miles, airfare and lodging.

English

United States of America

New York, New York