Mediator Resume

Ricketts Law Office, P.C. - Owner

Attorney, Educator, Arbitrator, Mediator

Founding Partner, Ricketts Case, LLP (formerly known as Sacks, Ricketts & Case LLP), 2013 - 2022; Partner, DLA Piper LLP (US), 2007 - 2013; Partner, Squire, Sanders & Dempsey (now known as Squire Patton Boggs), 1998 - 2007; Associate, Squire, Sanders & Dempsey (now known as Squire Patton Boggs), 1990 - 1998; Associate, McCabe Polese & Pietzsch, 1989 - 1990; Summer Associate, McCabe Polese & Pietzsch, 1987 - 1989.

Over 30 years of trial, arbitration, injunctive relief, and mediation experience as lead and co-lead counsel in complex litigation involving the following issues: BUSINESS DISPUTES: claims involving breach of contract; implied covenant of good faith and fair dealing; warranty; intentional interference with contract and business expectancies; director/officer liability; shareholder dilution; business valuation; enforceability of liquidated damages, arbitration, choice of law and tolling agreements. FRANCHISE: franchisor/franchisee disputes; joint control/joint employer issues; franchise agreement terminations; consumer claims against franchisors including franchisor’s liability for franchisee’s membership sales after closure, expired but unused monthly membership services, false and deceptive advertisements and franchisee’s membership price increases paid to franchisees. CONSUMER: claims arising from violation of cancellation provisions and other terms in membership and service agreements; enforceability of consumer terms of use, privacy agreements, membership agreements, Terms of Use and Privacy Agreements; claims under various federal consumer statutes including the Telephone Consumer Protection Act, Electronic Fund Transfer Act, Federal Credit Reporting Act, and various states’ automatic renewal statutes and consumer protection/deceptive trade practice statutes; liability to consumers from violation of consent decrees with government agency and for failure to provide advertised services. See also above Franchise experience. RESTRICTIVE COVENANTS: misappropriation of trade secrets. breach of non-compete/anti-solicitation agreements and unfair competition claims. SPORTS: national sports teams and arena use and management agreement disputes; violation of CCR’s and golf club usage agreements; liability arising from the termination and replacement of a lead auctioneer. FRAUD/FALSE ADVERTISING: claims for negligent misrepresentation; fraud; racketeering; securities fraud; false advertising; claims under various states’ consumer protection/deceptive trade practice statutes. DEFAMATION: defamation and libel claims and liability arising from postings, including anonymous postings, on social media sites. EMPLOYMENT: employment class actions involving discrimination, misclassification, failure to provide meal periods and rest breaks, pay overtime, minimum wage, vacation time, and time off, and reimburse for business expenses, failure to maintain accurate records and furnish accurate itemized wage statements; wrongful termination for sexual harassment and retaliation claims; claims under California’s Private Attorneys General Act; executive compensation claims; wrongful termination for false statements in an employment application; sexual harassment and retaliation in violation of the whistleblower provisions of the Todd-Frank Act and the Sarbanes-Oxley Act; cases involving multiple lawsuits asserted by different counsel, representing different parties, filed in different jurisdictions, government agencies, the Federal Enclave Doctrine and Collective Bargaining Agreements. ALTERNATIVE ENERGY: claims arising from agreement to lease municipal property and construct mixed-waste processing facility to sort, process, and market residual recyclables, and converting municipal solid waste into energy through a gasification process. INTELLECTUAL PROPERTY: copyright infringement, trademark infringement and Lanham Act claims. CONSTRUCTION/REAL ESTATE: construction defect, cost overage, delay, cost overruns and change orders; disputes with developers; homeowner association claims. TECHNOLOGY/E-COMMERCE: breach of terms of service and use and privacy agreements involving companies in the e-commerce, internet technology, identity theft, and internet security protection industries.

Extensive mediation experience representing clients in complex, multi-party mediations and in class actions. Also have handled over 75 mediations, several AAA mediations involving business and franchise disputes and breach of contract, and have had extensive discussions with and shadowed experienced mediators.

Mediated breach of contract (failure to pay a consumer debt) and landlord-tenant (late fees charges and penalties that the landlord escalated) issues.

The primary role of a mediator is as a facilitator to help the parties communicate effectively, focus on their key differences, understand issues unrelated to the litigation claims, and work together to resolve practical differences and reach a resolution with which all parties can live and is a win-win, achieve cost savings, and eliminate risk. Although the primary role of a mediator is as a facilitator, no two mediations are the same. At times, parties want some evaluation of the merits and a comparison of the trajectory of the litigation in the absence of a settlement. Mediation is an opportunity for the parties to resolve their differences and is often complicated. The role of the mediator is to be patient, respectful, a good listener, and help the parties prioritize their differences and formulate practical, reasonable proposals. Mediation is most effective when the parties, counsel, and the mediator are all well prepared.

Arizona State University, Sandra Day O’Connor College of Law (JD-1989); Smith College (BA-1986).

Admitted to the Bar: Arizona (1989); US District Court: Arizona (1989); US Court of Appeals: 9th Circuit (1989), 10th Circuit (1998), 11th Circuit (2000), 3rd Circuit (2004), 7th Circuit (2017); US Supreme Court (2001).

State Bar of Arizona Member, Trial Law Institute Member, Diversity Law Institute

Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming

Hourly Rate: Not provided Daily Rate: $5,000.00 Study Rate: $500.00/hr Cancellation: $5,000.00/Day Cancellation Period: 45 Days Comment: Hearing Rate is $5,000 for full day/$2,500 for half day (4 hours or less). No charge for travel time anywhere. Outside of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, reserves the right to charge for air travel to and from the mediation venue at coach fare rate and to charge for reasonable hotel accommodations.

English

United States of America

Cave Creek, Arizona