Mediator Resume

Independent arbitrator and mediator with over 30 years of prior experience as a commercial litigator, representing plaintiffs and defendants, individuals and corporations, in state and federal courts across the country. Litigation practice focused on complex commercial and securities litigation, corporate governance disputes, and internal and governmental investigations.

Vista Arbitration & Mediation LLC - Member/Principal

Arbitrator, Mediator, Attorney, Educator

Member/Principal, Vista Arbitration & Mediation LLC, 2024-present; Partner/Counsel, Boies Schiller Flexner LLP, 2001-2023; Associate, Schulte Roth & Zabel LLP, 1996-2001; Associate, Davis Polk & Wardwell LLP, 1990-1996; Law Clerk to Hon. Robert R. Beezer, U.S. Court of Appeals for the Ninth Circuit, 1989-1990.

Extensive experience litigating a wide variety of commercial matters in state and federal courts, representing both plaintiffs and defendants. Experience includes litigation concerning the financial markets, securities regulations, shareholder derivative suits, corporate governance, business disputes, bankruptcy matters, SEC and other governmental investigations, as well as internal investigations. Types of clients include financial institutions, corporations, boards of directors, private equity investors, hedge funds, pharmaceutical companies, accounting firms, start-ups and individuals. Issues involved include securities laws and regulations; U.S. and international auditing standards; anti-money-laundering and counter-terrorism-financing laws; breach of contract; breach of fiduciary duty; business torts, including fraud; attorney-client privilege and work product issues applicable to U.S. and foreign corporations. Representative matters include: • Representing outside directors of major media company in class actions alleging breaches of fiduciary duty by others; • Representing individual in dispute related to a technology start-up; • Representing a multibillion dollar investment company in securities fraud claims against promoters, auditors, and principals of a failed reverse merger with a Chinese operating company; • Representing one of the world’s largest publicly traded hedge funds, settling potential billion dollar securities class action for under $35 million; • Representing victims of terrorist attack in claims alleging violations of anti-money-laundering and counter-terrorism financing laws; • Representing bond fund in defending class action claims brought under the Commodity Exchange Act; • Representing hedge fund in action against a fund-of-funds for misrepresentations under New York’s Martin Act and common law; • Representing pharmaceutical start-up asserting claims for breach of a collaboration agreement to develop an important new drug; • Representing multi-billion dollar corporation in multidistrict securities litigation and directing significant portions of worldwide internal investigation.

Served as a mediator in contract disputes, shareholder disputes, federal employment discrimination cases, and wage and hour cases. As an advocate, represented both corporations and individuals in mediation of commercial disputes including securities and accounting fraud claims; shareholder disputes; breach of contract claims; business torts; attorneys’ fees; and disputes concerning technology start-ups.

Breach of contract, entitlement to shares of corporation, employment discrimination, harassment claims, wrongful termination, wage and hour claims.

I approach each mediation by first gaining a thorough understanding of each party’s point of view. I believe it is essential that each party be heard. I listen carefully and with empathy to gain the trust of all sides, recognizing that even in business disputes, an element of emotion is often present. Drawing on my own experience as a commercial litigator, I work with the parties to identify and narrow the key issues. I help each party to evaluate the strengths and weaknesses of their positions, ask probing questions, challenge assumptions as appropriate, and encourage the parties to consider creative alternatives. I require that the entire process be conducted with courtesy and respect by all participants. Before the mediation, I communicate with counsel for both sides in a joint preliminary planning call. I request written submissions, including key documents that may be useful. I review these carefully to become familiar with the details underlying the issues as the parties see them. I then communicate with counsel for each side separately in advance of the mediation. I may ask for additional information regarding particular issues of fact or law to focus and narrow further the areas in dispute. At the mediation itself, I expect the parties, as well as counsel, to come prepared. Mediation is a matter of self-determination. My goal is to assist the parties to find a resolution that will allow them to move forward and put the dispute behind them.

Proficient with remote proceedings via Zoom.

Columbia University School of Law (Columbia Law Review, Harlan Fiske Stone Scholar - JD 1989); University of Washington (MA; BA, with distinction in English).

Admitted to the Bar: New York (1992); U.S. District Courts: Southern and Eastern Districts of New York (1992); U.S. Court of Appeals: Second, Third, Seventh Circuits; U.S. Supreme Court (2000).

New York State Bar Association (Arbitration and Mediation Committees; co-moderator of monthly Mediator Roundtable); New York City Bar Association (ADR and Arbitration Committees; Chair, Federal Courts Committee, 2010-2013); New York State-Federal Judicial Council, Advisory Group (Founding member, Co-Chair, 2000-2007); New York Women's Bar Association Foundation, Inc. (Board of Directors); American Bar Association.

Publication, “Mass Arbitration in the US, Expert Q&A,” PLI (2025) Publication, “Book Review: Commercial Arbitration Training,” New York State Bar Dispute Resolution Journal (2025) “The Past, Present and (Possible) Future of Mass Arbitration,” New York City Bar Association, Moderator and Program Co-Chair (2025) “Which Court? State or Federal and Why?” New York State-Federal Judicial Council, Planning Committee (2024) Technology and Law, Columbia University, Co-Lecturer, Technology Management Program, School of Professional Studies (2016-2023) Specialized Court Programs in Federal and State Court, New York State-Federal Judicial Council, Program Chair (2021) Publication, “Complex Litigation Just Got More Complex: Adapting to a Virtual New Reality,” New York Law Journal (2020) New York State and Federal Courts: Adapting to Covid and Beyond, New York State-Federal Judicial Council, Panelist (2020) “Is Corporate Law Dead?” Columbia Law School Symposium, Panelist (2019) Admissibility of Expert Testimony in State and Federal Courts, New York State-Federal Judicial Council, Moderator, Program Chair (2018) Crisis Management and Internal Investigations, Columbia Law School, Guest Lecturer (2015) E-Discovery 2015: Best Practices and Ethical Implications, New York City Bar Association, Panelist (2105) 2014 Litigation Summit: In-House Counsel, Outside Counsel, Judges and Academics Examine the Changing Practice of Litigation, New York City Bar Association, Panelist (2014) “Bet the Company” Litigation 2012: Best Practices for Complex Cases, PLI Seminar, Panelist (2012) Publication, “Protecting Directors Against Liability in Light of the In Re Citigroup Shareholder Derivative Litigation Decision,” Bloomberg Law Reports (2009)

New York City metropolitan area

Hourly Rate: $650.00 Daily Rate: Not provided Study Rate: $650.00/hr Cancellation: $500.00/Day Cancellation Period: 3 Days Comment: No charge for travel time within the New York City metropolitan area. Parties will be charged for travel time and costs outside the New York City metropolitan area or outside New York State, and for costs within the New York City metropolitan area if travel by car is necessary.

English

United States of America

New York, New York