Mediator Resume

Nelson Mullins Riley & Scarborough LLP - Partner

Partner, Nelson, Mullins, Riley & Scarborough LLP, 2024-Present; Partner, Kasowitz Benson Torres LLP, 1995 - 2024; Associate, Meyer & Kowalski, 1993 - 1995; Associate, Dreyer & Traub, 1990 - 1993.

Over 25 years of experience as a litigator in a range of major commercial litigation matters, handling highly complex cases for a broad group of corporate and individual clients in federal and state courts throughout the United States. Proceedings encompassed virtually all types of business disputes spanning numerous industries and cover a broad spectrum of issues, including breach of contract, negligence, fraud, breach of fiduciary duty, insurance, intellectual property, business torts, valuation disputes, partnership and corporate shareholder disputes, real estate, banking, and securities. Significant experience in bankruptcy representing debtors, creditors, statutory and ad hoc committees, indenture trustees, chapter 7 trustees, private equity funds and other investors throughout the capital structure in complex restructurings, reorganizations and liquidation proceedings. Extensive experience in litigation arising from distressed situations and leveraged buyouts, including fraudulent conveyances and preferential payments. The disputes involved, among other things, valuation, contested retention applications, DIP loans, disclosure statements, and plan confirmation, subordination and recharacterization of claims, cramdown and vote designation issues. Notable litigation representations include: Adelphia Recovery Trust in a series of lawsuits, including a multi-billion dollar lawsuit against several hundred financial institutions, including the largest banks in the United States, for, among other things, intentional and constructive fraudulent conveyances, fraud, equitable subordination, equitable disallowance, and aiding and abetting fraud and breach of fiduciary duty; Chapter 7 Trustee of CEVA Investments in a lawsuit against the former directors of the company for fraud and breach of fiduciary duty in connection with the transfer of the company’s equity to an affiliate of Apollo; Successful prosecution of more than $300 million in fraudulent conveyance claims against several national banks and insurance companies arising out of the collapse of the FoxMeyer Corporation, one of the nation's largest drugstore distribution companies; and Successful recovery of nearly $100 million from indenture trustees on behalf of secured debt holders in Continental Airlines arising out of the trustees' breaches of fiduciary duty in failing to protect the creditors' interests in the collateral securing their debt.

Mediator for disputes between attomeys and clients as part of New York State's Attorney-Client Fee Dispute Resolution Program administered by the New York County Lawyers Association. Acted as a mediator for the ABA Representation in Mediation Competition in 2018 and 2019.

Breach of contract, breach of fiduciary duty, negligence, malpractice, bad faith, reasonableness of attorneys' fees.

There are a variety of mediation styles, including facilitative, evaluative and transformative, but there is overlap and the lines between these methods are not clear. A mediator should use a mix of these styles, depending on the nature of the case and the needs of the parties. A mediator should be well prepared, patient, open-minded, proactive and effective as a communicator so he or she can engender trust, ensure a fair process and act as a catalyst for creative solutions.

UCLA School of Law (JD - 1990); Yeshiva University (BS, Accounting, magna cum laude - 1987).

Admitted to the Bar: New Jersey (1990), New York (1991); U.S. District: Southern and Eastern Districts of New York; U.S. Court of Appeals, Second Circuit.

American Bar Association (Section of Dispute Resolution); New York State Bar Association (Dispute Resolution Section).

Hourly Rate: $750.00 Daily Rate: Not provided Study Rate: $750.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Scarsdale, New York