Mediator Resume

Greenbaum, Rowe, Smith & Davis LLP - Of Counsel

Arbitrator, Mediator, Discovery Master

Of Counsel, Greenbaum, Rowe, Smith & Davis LLP, 2013 - Present; Superior Court Judge, State of New Jersey, 2002 - 2012; Middlesex County Prosecutor, State of New Jersey, 1998 - 2002; Superior Court Judge, State of New Jersey, 1989 - 1998; Attorney, Sole Proprietor, 1972 - 1989.

Extensive experience in business law disputes for publicly traded as well as non-publicly traded corporations; involved in complex litigation and contractual issues of insurance, employment, technology, construction, multi-jurisdictional proceedings, with business entities located in New Jersey and/or elsewhere in the United States, as well as abroad. The following being examples: Corporate, partnership and LLC dissolutions; franchise, construction actions, and estate litigation: Claims for breach of contract, breach of fiduciary duty, rescission, fraud, valuation of shares including both majority and minority interests including the review of forensic accounting valuations (with lack of marketability and minority discounts), oppressed shareholder actions, with business entities located within the United States as well as business entities with offices in India, China, Ireland, Italy, Russia, Israel, etc. Trade Secrets and Intellectual Property: Numerous matters among business entities including alleged violations of the Trade Secrets Act, diversion of corporate opportunity, misappropriation of funds, actions related to restrictive covenants, etc. Insurance: Cases involving malpractice (claims against attorneys, doctors, and accountants) as well as matters of insurance, re-insurance, over-insured and underinsured issues, as well as insurance coverage issues relating to cyber security, with entities located throughout the United States, as well as at least one in Great Britain; including consolidated qui tam actions. Discovery Disputes: Have served as a Special Discovery Master based upon Court appointments as well as by mutual consent of counsel dealing with issues of privilege, confidential information, trade secrets, proprietary information; and have also served as a Hearing Officer and Investigator in corporate as well as governmental employment actions involving allegations of discrimination, wrongful termination, etc.

Since joining the Greenbaum firm in January, 2013, have served as a Mediator in over 500 cases involving international and national corporations, insurance companies, pharmaceutical companies, banking institutions, LLCs, partnerships and individuals, from within the United States as well as abroad; and have been appointed to mediate cases by Magistrate Judges of the Federal District Court, Superior Court Judges in New Jersey, as well as District Court Judges for the Federal District Court of New Jersey.

Most recently addressed a corporate matter involving alleged shareholder oppression, and addressing not only the issue of oppression, but determining the corporation value, as well as the oppressed shareholder interest, implicating issues of discounts for lack of marketability and lack of control. Addressed insurance coverage issue involving an insurance carrier in the United States (in a Qui Tam action), as well as one in London, regarding the scope coverage, subrogation, and indemnification. Handled products liability case of a New Jersey party allegedly involved in a serious accident in Florida, implicating issues of product design, safety, manufacturing deficiencies, as well as issues of choice of law, etc. Mediated an estate matter involving a challenge to testamentary capacity, issue of duress, as well as alleged misappropriation of trust assets, etc. Mediated an employment dispute involving the alleged violation of restrictive covenants against soliciting clients, employees, and purported violation of the Trade Secret Act as well as diversion of corporate opportunity, and claims of discrimination based upon race, religion, ethnicity, family leave, etc.

Before mediating a matter, I ask counsel to provide me mediation statements (including the relevant pleadings) and provide to me their position on the case as well as their settlement demand. I do the foregoing three different ways: some counsel prefer the submissions be confidential for me only; some counsel desire to exchange them which I accede to; and I also use a hybrid method - where the attorneys exchange legal positions, but provide me only in confidence their settlement position. When I meet with counsel, either in-person or virtually, I usually look for areas of agreement, and attempt to build upon that to create a global resolution. In doing so, typically I meet with counsel and the parties together initially, utilize break out rooms so I can speak with each side separately, and handle these in-person and by Zoom.

Conduct mediations, arbitrations and complex discovery issues both by Zoom as well as in-person; also involving the sharing of electronic documents throughout the case by screen share, etc.

Case Western Reserve Law School (JD, Member of the Law Review Editorial Board - 1972); Gettysburg College (BA, Vice President of the Pre-Law/Business Honorary Society - 1969).

Admitted to the Bar: New Jersey (1972); Federal District Court for the District of New Jersey (1972); United States Supreme Court (1978).

American Bar Foundation (and elected as a Fellow of the American Bar Association, limited to one percent of the State Bar), New Jersey State Bar Association, Middlesex County Bar Association, Aldona Appleton Inn of Court, Joseph Halbern/David Furman Inn of Court; and State Bar sections on dispute resolution and business law.

Co-author of an article (The Doctrine of Equitable Subrogation) for New Jersey Lawyer/Chancery practice; and have served as a panelist for the New Jersey State Bar Association at their annual meetings (in Atlantic City) as well as their mid-year meetings (in Rome in 2013, Paris in 2014 and Madrid in 2017) on Chancery practice, mediation and arbitration, as well as mass torts, have been a speaker at Rutgers Law School and the New Jersey State Board of Education on the issue of the handling of high profile cases (in view of my having been specially assigned to preside over the landmark cyberbullying case of State of New Jersey v. Dharun Ravi) and have authored the following published opinions: • Bank of New York Mellon v. George S. Elghossain and Mona C. Elghossain, 419 N.J. Super. 336 (2010) • UPS Capital Business Credit v. Kenneth J. Abbey, Washington Mutual Bank, FA and American Express Travel Related Services Company, Inc., 408 N.J. Super. 524 (2009) • South Brunswick Associates v. Township of Monroe, 285 N.J. Super 377 (1994) • Diocese of Metuchen v. Township of Piscataway, 252 N.J. Super. 525 (1991)

Hourly Rate: $550.00 Daily Rate: Not provided Study Rate: $550.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Woodbridge, New Jersey