Mediator Resume

ADR professional since 1996, handling more than 140 international and domestic disputes as an arbitrator or mediator (65+ as arbitrator and 75+ as mediator). Has experience as tribunal chair, wing arbitrator, sole arbitrator, and mediator on all sorts of commercial, intellectual property, employment, finance, insurance, and entertainment disputes. As tribunal chair, has handled applications for emergency and injunctive relief.

ADR Office of Usher Winslett - Arbitration and Mediation Services Winslett Studnicky McCormick & Bomser LLP - Founder, Managing Partner

Arbitrator, Mediator, Litigator

ADR Office of Usher Winslett, 1996-Present; Founder/Managing Partner, Winslett Studnicky McCormick & Bomser LLP, 2007-Present; Founder/Chief Executive Officer, Odin Media LLC, 2003-2008; Chief Operating Officer, Digital Club Network Inc., 2000-2003; Principal/General Counsel/Head of Business and Legal Affairs, Razor & Tie Entertainment LLC, 1996-2000; Litigation Attorney, Thacher Proffitt & Wood, 1986-1996; Founder/Owner, Del Mundo Imports, 1982-1983; Deputy Campaign Manager, Spence For Congress Committee (U.S. Congressional campaign), 1982.

In legal career of more than 35 years, has handled dispute resolution from virtually every angle. Has worked in big and small law firms and as a corporate general counsel. Has represented both plaintiffs and defendants ranging from huge multinational corporations (foreign and U.S.-based) to individuals. In addition, has held multiple non-legal, senior-management positions. Experience includes: COMPLEX BUSINESS DISPUTES: As both an ADR professional and an advocate, core practice involves business disputes alleging breach of contract, breach of fiduciary duty, fraud, negligence, tortious interference with contract, and related claims. Regularly handles disputes involving finance, M&A, technology, licensing, intellectual property, employment, insurance, and rights of stakeholders in various business organizations – to name a few. INTERNATIONAL: Over 20 years of experience handling international disputes as a mediator and arbitrator, and more than 35 years of experience in handling international disputes as an advocate. Involved in international business since 1983, originally as the founder of a business importing Argentine-manufactured shoes into the U.S. Later, as a litigator at Thacher Proffitt & Wood, represented large international insurers and global cargo carriers in disputes related to the transnational sale and shipping of goods. After Thacher, was responsible for the worldwide licensing and distribution of products for two media companies. Current law practice has involved foreign trial and arbitration experience, as well as transactional work for foreign clients. Serves as primary U.S. counsel for Chinese-based investment manager. Served as lead counsel representing a group of over 40 venture capital firms in an international arbitration and foreign court action with more than $120 million at issue. INTELLECTUAL PROPERTY: Regularly handles trademark and copyright disputes as both an ADR professional and a litigator. Examples include: alleged music copyright infringement involving major publishing company; multiple cases alleging unauthorized use of photography; a matter involving efforts to cease distribution of pornographic videos; trademark action for injunctive relief, ordering an infringing business to cease operations and re-brand before reopening. MUSIC and ENTERTAINMENT: Tribunal chair in multi-million dispute between a multi-Platinum-selling artist and his business partners. Sole arbitrator in contract dispute between multi-Platinum-selling artist and a venue. Have handled – as both a mediator and an advocate – multiple matters involving disputes over music copyrights. Held senior management positions – both legal and operational – in music and entertainment businesses for about a decade and, in private practice, has handled legal issues in those industries for even longer. EMPLOYMENT: As an arbitrator or mediator, has handled dozens of employment, compensation, and discrimination cases, including state and federal statutory claims. And as an advocate, regularly handles employment disputes, representing both employers and employees.

Mediator since 1996. Serves on the mediation panels of CPR, FINRA, and the United States District Courts for the Southern and Eastern Districts of New York and the District of South Carolina.

Has successfully mediated numerous commercial, contract, employment, and intellectual property disputes — both domestic and international — involving businesses of various types and sizes as well as individuals. Examples of successful mediations include: After almost 10 years of litigation, successfully mediated the settlement of a federal securities fraud class action. Mediated an international dispute involving one of the world’s largest watch manufacturers and a competitor involving claims of trademark infringement, unfair competition and false designation of origin and false advertising under the Lanham Act, New York statutes, and common law. Mediated over 25 employment-related cases involving claims under the FLSA, the ADA, Title VII, the New York Labor Law, and related state and federal statutes – as well as employment contract issues. Mediated multiple copyright infringement cases involving photographs, sound recordings, and publishing. Mediated an international dispute involving claims of software pirating, including claims of direct copyright infringement; violation of the Digital Millennium Copyright Act; and trademark infringement and counterfeiting. Mediated multiple “business divorce” matters.

The job of a mediator is to help parties settle cases. Focusing on a “mediation philosophy” beyond that is a distraction. Every matter is different, so every mediation needs to be tailored to the case at hand – not just the facts and law but also parties and lawyers involved.

Proficient in Zoom and similar platforms. Committed to using technology to make arbitration more efficient and economical. Generally all documents are accepted in an electronic format, with no hard copies necessary. Successfully completed Clearbrief Academy, June 2025.

New York University School of Law (JD-1986); Washington and Lee University (BA, cum laude-1982).

Admitted to the Bar: New York (1987); US District Court: Northern (2018), Southern (1988), and Eastern (1988) Districts of New York; US Court of Appeals: 3rd Circuit (1988); US Supreme Court (2000).

Chair 2025 ABA Arbitration Institute; Co-Chair ABA Dispute Resolution Section, International Committee; Vice President and Executive Committee member of the Atlanta International Arbitration Society (AtlAS); Fellow, the Chartered Institute of Arbitrators (CIArb); New York City Bar Association International Commercial Disputes Committee; International Institute for Conflict Resolution & Prevention (CPR) Arbitration and Mediation Panels; New York International Arbitration Center (NYIAC); United States Council for International Business/International Chamber of Commerce (USCIB/ICC); Financial Industry Regulatory Authority (FINRA) Arbitration and Mediation Panels; US District Court for the Eastern District of New York, Arbitration and Mediation Panels; US District Court for the Southern District of New York, Mediation Panel; US District Court for the District of South Carolina, Mediation Panel; The Copyright Society; former Co-Chair ABA Dispute Resolution Section, Arbitration Committee; Co-Chair of 2023 and 2024 ABA Arbitration Institute; Co-Chair of 2024 AtlAS Annual Conference.

Co-Chair of the 2024 Atlanta International Arbitration Society (AtlAS) Conference; Co-Chair of the 2024 ABA Arbitration Training Institute and presenter on "Early Stages: From the Arbitration Clause to Preparing for the Preliminary Hearing" and "The Award and Post-Award Issues"; Co-author of "Who Says We Are Competent? Confusion Continues over the Competence-Competence Doctrine" published by the ABA Dispute Resolution Section in Just Resolutions, July 2023; Co-Chair of the 2023 ABA Arbitration Training Institute ; Presenter at the 2022 Annual ABA Arbitration Training Institute on "Getting Started as An Arbitrator", "Early Stages: Arbitration Initiation and the Preliminary Conference", "The Award and Post-Award Issues"; Presenter at the 2021 ABA Annual Arbitration Training Institute on "The All-Important Preliminary Hearing" and "Discovery and Motion Practice"; "The Competence-Competence Conundrum Continues" published in volume 14, number 2 of the New York Dispute Resolution Lawyer, (a publication of the Dispute Resolution Section of the New York State Bar Association); Moderator of panel called "ADR and IP: When and How Mediation and Arbitration are Best Used in Intellectual Property Disputes" at a AAA/ABA event in April 6, 2022; guest lecturer on many occasions at NYU Stern School of Business and Zicklin School of Business of Baruch College on issues related to music, entertainment, copyright, and marketing.

New York City; South Carolina (Charleston, Georgetown, Myrtle Beach)

Hourly Rate: $875.00 Daily Rate: Not provided Study Rate: $875.00/hr Cancellation: $5,000.00/Day Cancellation Period: 30 Days Comment: Offices in both South Carolina and New York, so able to serve in SC, NC, GA, and the NY Tri-State area with minimal charge for travel - i.e., travel time charged from closest office. Amenable to offering flat rates on a case-by-case basis.

English

United States of America

New York, New York