Mediator Resume

LundbergADR - Principal

Lawyer; Arbitrator; Litigation Financier

Principal, LundbergADR, 2026 - Present; Managing Director, Burford Capital, 2018 - 2026; Associate and Partner, Latham & Watkins LLP, 1982 - 2017; Law Clerk, US Court of Appeals DC Circuit, 1981 - 1982; Teaching Fellow, Harvard Law School and Harvard University, 1980 - 1981.

Former litigation partner of Latham & Watkins. Thirty-five years of practice at the firm focused in the areas of insurance coverage and civil appeals. Chaired the firm's Insurance Coverage Practice Group for 15 years and its Los Angeles office Litigation Department from 2000 to 2005. Experience also includes the defense of mass environmental tort and product liability litigation. Insurance coverage practice often involved working in partnership with defense counsel and insurers to settle significant D&O, employment, securities, product liability, cyber liability, environmental and similar complex liability claims. Experience in the coverage area includes: • Fluor Corp. v. Superior Court, in which the California Supreme Court overruled its 2003 ruling in Henkel v. Hartford that had strictly construed consent-to-assignment clauses in insurance policies. Identified a forgotten 1872 statute, overlooked by the parties and courts in Henkel, which led to the ruling. • Ford Motor Company v. INA and related actions, believed to have been the largest environmental insurance litigation in the United States at the time of their resolution in 1998. • Travelers Casualty Ins. & Surety Co. v. Superior Court, which addressed issues of first impression concerning California’s mediation privilege. Ultimately negotiated a $49.9 million insurance contribution to the $100 million global settlement reached by the Diocese of Orange in 2004 -- then the largest contribution ever made by insurers to a sex abuse settlement. Litigated dozens of coverage actions in state and federal courts nationwide, and resolved many more through negotiation and mediation. Listed as a “Leading Individual” in each edition of Chambers & Partners’ America’s Leading Business Lawyers. From 2007 to 2017, named by Chambers annually annually as one of the top dozen policyholder attorneys in America. Counseled clients on a broad variety of insurance issues involving the pharmaceutical, chemical, biotech, manufacturing, consulting, energy, sports, entertainment, real estate, educational and financial fields. Clients included Chevron, Ford Motor Company, Amgen, Allergan, Montrose Chemical, Fluor, Guidant Corporation, America Online, Avery Dennison, Ernst & Young, Meritor, American Airlines, America West Airlines, US Airways, GlaxoSmithKline, Beckman Coulter, Nalco, Omnicom, the City of Hope, PG&E, Southern California Edison, Detroit Edison, Sempra Energy, and the Los Angeles Dodgers. From 2018 to 2026, Managing Director and investment committee member at Burford Capital, the world's leading litigation financier. Named to Lawdragon's Global 100 Leaders in Legal Finance each year from its inception in 2020 through retirement in 2026.

My background -- initially as a toxic tort and product liability defense lawyer, then for the bulk of my litigation career as policyholder (and so, typically, plaintiff’s) counsel, and as a participant in many three-sided settlements among a plaintiff, a defendant and the defendant’s insurer -- has given me the chance to see disputes from all sides’ perspectives. I have also seen how the frequently shifting sands of a three-sided dispute, where liability issues intersect with coverage issues, and each side often feels that the other two are allied against it over the course of the negotiation, create complexity -- but also multiply the number of possible solutions for parties, who sometimes need a mediator’s help to appreciate them. Accordingly, my approach to mediation, as an advocate and now as a mediator, is to focus on identifying all the settlement permutations matter offers, and avoid committing to the seemingly obvious path to settlement in a way that forecloses returning to other possibilities if that path is blocked. Even disputes that present themselves as zero-sum, “a buck is a buck” propositions can benefit from the mediator’s suggestion of different approaches to identifying “the number” through negotiation, and different ways of structuring the resolution that may identify hidden win-win opportunities.

Regular user of Microsoft Teams and Zoom videoconferencing platforms Longtime user of computerized legal research platforms including Lexis and Bloomberg law Regular user of Google and ChatGPT search/AI platforms Skilled in Word and Adobe Pro

Harvard Law School (JD, with honors, and Editor, Harvard Law Review - 1981); Stanford University (BA, With Distinction, Philosophy - 1978).

Admitted to the Bar: California (1983), District of Columbia (1985 - inactive); various federal trial and appellate court admissions, including U.S. Supreme Court (1992).

California State Bar; American College of Coverage Counsel; Chancery Club of Los Angeles

Numerous articles and web posts concerning legal finance, including the relationship between legal finance and insurance (2018-2026) Presentations on legal finance to Practising Law Institute (2025, 2026), Orange County Bar Association Litigation Section (2025), Chancery Club of Los Angeles (2026)

San Diego County, California

Hourly Rate: Not provided Daily Rate: $15,000.00 Study Rate: $1,500.00/hr Cancellation: $5,000.00/Day Cancellation Period: 4 Days Comment: Plus expenses. Lower of business or first class air travel, as available. Private car transportation (or mileage at 72.5 cents per mile, at arbitrator's option), meals, and first-class hotel accommodations outside San Diego County. Other reasonable out-of-pocket expenses including travel incidentals, couriers, etc. All expenses charged at actual cost. Cancellation: No fee if canceled at least 96 hours prior to session starting time; $5,000 cancellation fee, plus $3,000 per expected hearing day beyond first day, plus any working or travel time and travel expense incurred if canceled later.

Rancho Santa Fe, California