Mediator Resume

Retired Judge, Attorney, Neutral

Independent Arbitrator/Neutral, 2020-Present; United States District Judge, 2005-2020; Assistant United States Attorney, 1997-2004; Commercial Litigator/Trial Attorney, Dudley Topper & Feuerzeig, 1993-1997; Commercial/Government Contracts Litigator, Patton Boggs & Blow, 1989-1993.

Served for over 15 years as a United States District Court trial judge. Served for seven years as Chief Judge. Conducted numerous jury and non-jury trials on a wide range of subjects. Interpreted, analyzed and resolved matters covering all forms of commercial litigation disputes; personal injury disputes; property disputes; labor and employment disputes; trade dress disputes; insurance coverage disputes; attorney ethics disputes; statutory and contract interpretation disputes; and constitutional interpretation disputes. Responsible for resolving a variety of employment issues, including wrongful discharge, Title VII, ERISA, ADEA, and the ADA, among others. Presided over and decided numerous complex commercial disputes. Issued over 1000 decisions over a range of subjects. Assessed and adjudicated health care payor and provider disputes, including disputes between nursing home and Centers for Medicare and Medicaid Services involving payment and compliance issues. Asked to train judges in Puebla, Mexico (adversarial process); San Salvador, El Salvador (adversarial process and implicit bias); and Windhoek, Namibia and Oshakati, Namibia (adversarial process, copyright and trade dress) as a judicial instructor for the United States Department of Justice, Office of Overseas Prosecutorial Development and Assistance Training (OPDAT). Prior to judicial service, served as active trial and commercial litigator. Represented such companies as Bath Iron Works, MCI (acquired by Verizon), and Lockheed Martin. Responsible for wide range of commercial contracts and corporate litigation. Drafted, reviewed, analyzed and interpreted numerous agreements, including commercial contracts, banking agreements, bankruptcy filings, antitrust Hart-Scott-Rodino filings. As a prosecutor, involved with a wide range of prosecutions of corruption, immigration, narcotics and white collar crimes. Well acquainted with legal compliance obligations.

Throughout 15 years as a federal district judge, mediated disputes that cover a wide range of issues. Mediated personal injury claims, insurance coverage, and insurance liability issues. Mediated business disputes involving contracts, employment, loans, financing and investments. Have also mediated ongoing disputes involving local government in such areas as pension obligations, police reform, waste management, power utility obligations, and correctional institution reform.

Mediated breach of contract cases involving financing, sales, foreclosures, debt, insurance coverage and insurance liability. The issues raised in those disputes included: whether an agreement existed; whether the parties appropriately interpreted terms of an agreement; what were the parties’ intentions; whether the parties’ satisfied certain obligations; whether there was a breach of an obligation; whether compensation was appropriate; what, if any, was the appropriate level of compensation. Have also mediated tort cases involving personal injury, hotel liability, sexual assault, wrongful death and property damage. The issues raised in those disputes included: whether there was a duty of care; whether a claimant was entitled to benefit from that duty; whether a duty of care was breached; whether there was injury; whether there were damages; what, if any compensation was due. Mediated disputes, and issued and monitored consent decrees addressing some of the most vexing problems facing the Virgin Islands government involving: the Virgin Islands Government Employees Retirement System; the Virgin Islands Bureau of Corrections; the Virgin Islands Police Department; the Virgin Islands Water and Power Authority; the solid waste division of the Virgin Islands Waste Management Authority; the waste water/sewage division of the Virgin Islands Waste Management Authority; and the Virgin Islands Real Property Tax Collection System. With respect to government pension obligation dispute, issues raised included: whether obligation existed; whether obligation was satisfied; when was an obligation to be satisfied; which entity was obligated to satisfy an obligation; what, if any exigency, obviated compliance.

Mediation is an essential process to allow parties to have an opportunity to be heard in a meaningful way in a forum that does not overburden, intimidate or frustrate the parties. At the same time, mediation provides a productive, cost effective and speedy alternative to resolving disputes. As a mediator, I believe that my role is both to evaluate the claims of each party honestly, respectfully, and confidentially; and to facilitate the movement of the parties to some common ground of resolution. To make this work, my hope and expectation is that the parties are willing to be frank with me; and to be committed to the process, even when it may seem at its most difficult. I believe all matters can be mediated.

Harvard University (JD-1989); George Washington University (BA, Economics & Statistics-1984)

Admitted to the Bar: Virginia (1989), Washington DC (1991), Virgin Islands (1994)

Miami, Florida; Fort Lauderdale, Florida; Washington, DC/ Northern Virginia metro area.

Hourly Rate: $625.00 Daily Rate: Not provided Study Rate: $625.00/hr Cancellation: $3,000.00/Day Cancellation Period: 4 Days Comment: Travel time will not be charged. Expenses incurred getting to, and in, the city where the mediation or arbitration is held will be charged.

English

United States of America

Virgin Islands (US)