Mediator Resume

Arbitrator, Mediator, Administrative Law Judge pro tem, and Discovery Referee

Independent Arbitrator/Mediator, 1993 – Present; Adjunct Professor, Loyola Law School, 2014 – Present; Administrative Law Judge, Office of Administrative Hearings, 2007 – Present; Hearing Examiner, Los Angeles Civil Service Commission, 2013 – Present; Hearing Officer (Public Employee Retirement Benefits Appeals), Orange County Employees Retirement System, 2013 – Present; Hearing Examiner (Board of Rights Panel), Los Angeles Police Commission, 2007 – Present; Hearing Officer (Termination Appeals), City of Santa Monica, 2006 – Present; Partner, Kleinberg & Lerner LLP, 1993 – 2003; Associate, Sheldon & Mak LLP, 1990 – 1993; Solicitors, Allen Allen & Hemsley, 1989; Associate, Diliberto Booth Sibley & Guttieres, 1987 – 1989.

Business/Commercial: Breach of contract and commercial agreements; partnership and corporate matters; dissolution and winding up of partnerships and corporations; buy-sell agreements; joint venture and franchise disputes; attorney/client fee disputes; professional malpractice claims; insurance coverage and bad faith claims. Resolved cannabis industry matters involving licensing, disputes with investors and owners, and issues with vendors. Conducts arbitrations for securities violations claims brought before the Financial Industry Regulatory Authority (FINRA). Employment: Wrongful termination; discrimination (FEHA, Title VII, ADEA, and ADA); sexual harassment; whistleblower and retaliation; wage and hour; executive and personal services contracts; and ERISA. Also conducts administrative hearings for public employee termination appeals for the City of Los Angeles Board of Civil Service Commissioners; Administrative Appeals and Board of Rights employee discipline hearings for the Los Angeles Police Department; and public employee retirement benefits appeals for Los Angeles, Santa Monica, and Orange County, California. Entertainment: Motion picture, television, music, advertising, internet, new media, and publishing disputes; copyright and trademark infringement; idea submission; misappropriation of name and likeness; First Amendment; defamation; rights of publicity; licensing agreements; royalty accounting; and profit participation. Also conducts international motion picture arbitrations involving production agreements, financing agreements, film exhibition agreements, royalties, and above-the-line employment issues brought before the Independent Film & Television Alliance (IFTA). Intellectual Property: Copyright, trademark, trade dress, and patent infringement; rights of publicity, trade secrets, unfair competition, and domain name disputes. Licensing issues concerning various consumer products such as toys, videogames and other products. Real Estate: Residential and commercial purchase and sale contracts; homeowners associations; partnership disputes; breach of fiduciary duty claims; design and construction defects; boundary lines and easement rights; premises liability; and environmental matters.

Business/Commercial: Breach of contract and commercial agreements; partnership and corporate matters; dissolution and winding up of partnerships and corporations; buy-sell agreements; joint venture and franchise disputes; attorney/client fee disputes; professional malpractice claims; insurance coverage and bad faith claims. Employment: Wrongful termination; discrimination (FEHA, Title VII, ADEA, and ADA); sexual harassment; whistleblower and retaliation; wage and hour; executive and personal services contracts; and ERISA. Administrative hearings for public employee termination appeals, and public employee retirement benefits appeals for the City of Los Angeles, City of Santa Monica, Orange County, California, and the Los Angeles Police Commission. Entertainment: Motion picture, television, music, advertising, internet, new media, and publishing disputes; copyright and trademark infringement; idea submission; misappropriation of name and likeness; First Amendment; defamation; rights of publicity; licensing agreements; royalty accounting; and profit participation. Intellectual Property: Copyright, trademark, trade dress, and patent infringement; rights of publicity, trade secrets, unfair competition, and domain name disputes. Real Estate: Residential and commercial purchase and sale contracts; homeowners associations; partnership disputes; breach of fiduciary duty claims; design and construction defects; boundary lines and easement rights; premises liability; and environmental matters.

Since each case has its own set of dynamics, no particular settlement style is used until the parties' positions are clear, and then the best approach is utilized. The parties are encouraged to appear in person, as mediation is most effective when the parties are present during the process. Briefs may be served via email (on pleading paper, or in letter format).

University of Miami School of Law (JD - 1987); Temple University School of Law, Summer Session, Rome, Italy (1985); University of Miami (BA - 1981).

Admitted to the Bar: District of Columbia (1990), California (1988), Florida (1987); U.S. District Court: Southern District of Florida (1988); Central (1990), Southern (1995), Eastern (1995), and Northern (1996) Districts of California; U.S. Court of Appeals, Ninth Circuit (1995).

Los Angeles County Bar Association Los Angeles Lawyer Magazine, Member, Editorial Board; Los Angeles Copyright Society, Member; Italian American Lawyers Association, Past President; Council for International Exchange of Scholars, Fulbright Senior Specialist; The National Academy of Distinguished Neutrals, Member.

PUBLICATIONS “Mediation works, but will it play in Macedonia?” Daily Journal, Verdicts & Settlements [Nov. 2011] Author of monthly mediation and negotiation articles [2009-present] View articles at http://www.DilibertoADR.com “Opening Offers – Who’s On First?” Advocate [Oct. 2009] “Looking Through the Rear Window: a Review of the United States Supreme Court Decision in Stewart v. Abend,” Loyola of Los Angeles Entertainment Law Journal, Vol. 12, Issue 2 [1992] [Cited in “Alfred Hitchcock’s Rear Window” by John Belton, Cambridge University Press, 2000] Got Pepper Spray? May 2012 Take It Or Lose It April 2012 It's In The Eyes March 2012 Med-Arb: The Best of Both Worlds? February 2012 Fill A Room With Barbarians, January 2012 Let Them Have Your Way, December 2011 Culture Is A Many-Splintered Thing, November 2011 Anger! (What Is It Good For?), October 2011 Go To The Balcony, September 2011 Preach What You Practice, August 2011 Avoid The Confirmation Bias Trap, July 2011 Smoke Out The Red Herring, June 2011 Settle Without Making a Few Enemies, May 2011 A Lesson From Dogs That Bite, April 2011 Got Jurisdiction?, March 2011 The Supreme Court Enforces Confidentiality, February 2011 Judicial Estoppel Trumps Denial, January 2011 Got Arbitration Appeal?, December 2010 Whatever It Is, I'm Against It!, November 2010 Do You Resemble That Remark?, October 2010 Be A Breakthrough Negotiator, September 2010 The Right Opening Will Close It, August 2010 Remember The Anchor, July 2010 Respect The Clause, Avoid The Scratch, June 2010 Negotiate Like A Computer, May 2010 Win Like Benjamin Franklin, April 2010 Turn Weakness Into Strength, March 2010 You Should Settle. Because., February 2010 How To Go Below The Line, January 2010 Go Below The Line, December 2009 All You Need Is Yes (Part II), November 2009 All You Need Is Yes, October 2009 Drop The Penalty, Keep The Settlement, September 2009 Make A Statement By Saying Nothing, August 2009 (Publications can be viewed on www.DilibertoADR.com) SELECTED SPEAKER ENGAGEMENTS Adjunct Professor, Loyola Law School, Los Angeles, California Continuing Education of the Bar, Los Angeles, California U.S. Department of State, Washington D.C. Academy for Training of Judges and Prosecutors of the Republic of Macedonia, Skopje, Macedonia Corte Provincial de Justicia, Loja, Ecuador Universidad Técnica Particular de Loja, Loja, Ecuador

Hourly Rate: Not provided Daily Rate: $9,500.00 Study Rate: $950.00/hr Cancellation: $9,500.00/Day Cancellation Period: 31 Days Comment: A full-day mediation is $9,500.00 (includes an eight-hour mediation hearing and two hours for reading briefs). A half-day mediation is $6,500.00 (includes a four-hour mediation hearing and one hour for reading briefs). No charge for travel time, except airfare, hotel costs, and per diem. Full payment required for cancellation/rescheduling unless such notice is provided: 15 days or more for one day hearings; or 31 days or more for multi-day hearings.

English; Spanish

United States of America

Sherman Oaks, California