Mediator Resume

ADR Office of Chris McDonald - Principal

Attorney, Arbitrator, Mediator, Litigation Consultant

Principal, ADR Office of Chris McDonald, 2020 - Present; Partner, Labaton Sucharow LLP, 2007 - 2020 (associate/of counsel, 2003 - 2006); Senior Attorney, Law & Public Policy Group, MCI WorldCom, 1999 - 2002; Associate, Patterson Belknap Webb & Tyler LLP, 1992 - 1999 and Summer 1991. Senior Court Officer-Grand Jury Warden, NYS Supreme Court, 1988 - 1991; Uniformed Court Officer, NYC Criminal Court, 1986 - 1988.

Over thirty years of combined private-practice, in-house, and ADR experience. In private practice, represented plaintiffs and defendants as a commercial / class action litigator for more than two decades in matters involved a wide array of industries, e.g., • chain restaurants, • consumer products, • financial services, • life sciences, • manufacturing, • media / entertainment, • tobacco products, and diverse areas of practice, e.g., • antitrust / consumer protection, • commercial / contract, • employment, • false advertising, • securities fraud, • trademark / trade dress infringement. Other matters litigated or investigated include security / commodity market manipulation, company valuations, interpretation of insurance policies, fiduciary liability, products liability, and defense of putative class actions brought against client consumer product manufacturers. Specialized in complex matters involving life sciences industries. Worked extensively with biostatistical, damages / economic, medical, and regulatory experts in matters involving biotech, pharmaceutical, and medical device companies. Representative matters in this and other areas include: • Lead counsel in securities fraud action on behalf of state public pension fund client alleging defendant biotech manufacturer misled investors regarding the safety of its blockbuster biologic agent; in the same matter, successfully briefed and argued district court class certification motion that ultimately led to precedent-setting United States Supreme Court opinion establishing that proof of materiality is not a prerequisite to certification of a securities fraud class action seeking money damages for alleged violations of §10(b) and Rule 10b–5. • Co-lead counsel in securities fraud action alleging defendant cardiovascular drug manufacturer delayed publication of negative clinical trial results. • Co-lead counsel in Hatch-Waxman "product hopping" antitrust litigation brought on behalf of third-party payors against manufacturers of brand and generic cardiovascular medication. • Defended separate breach of employment contract actions brought against client electrical contracting company by former General Counsel and former Treasurer. • Lanham Act false advertising litigation brought on behalf of client national pizza restaurant chain against rival chain. • Trade dress infringement litigation brought on behalf of client OTC drug manufacturer against chain pharmacies with competing products. • Defended creditor entertainment / media conglomerate client in adversary proceeding brought by a media company debtor's trustee. As in-house law-and-public-policy-group senior attorney, represented telecom company-client in proceedings before state regulators on telecom policy and regulatory matters (adjudicatory and non-adjudicatory proceedings, technical sessions, industry collaboratives). Overarching strategic goal was to create conditions favorable for the company to engage in facilities-based competition following enactment the Telecommunications Act of 1996. Representative issues included tariffs / rates generally as well as particularized sub-issues such as cost of capital and depreciation, the timing and quality of services the incumbent carrier delivered to the company (which was both its customer and its competitor), and collocation security.

Served or currently serving as a private mediator, on AAA National Roster of Mediators, and on over a dozen federal and state court mediation panels in and around New York City (including SDNY, EDNY, and New York State Supreme Court Commercial Division for New York County). Scores of successfully settled cases in diverse subject areas, including: • attorney malpractice; • breach of contract; • construction; • consumer product deceptive acts and practices / false advertising; • employment discrimination; • fraudulent conveyance / conversion / piercing corporate veil; • landlord-tenant; • personal injury; • PII data breach; and • wage & hour disputes.

Strong preference in favor a pragmatic, common sense approach rather than strict adherence to a single mediation formula, style, or school of thought. What course to take--whether, for instance, to be more facilitative or evaluative in approach--will depend on the participants involved, the circumstances of the case at hand, and the needs of the moment. That said, in all cases, all participants--parties, counsel, and carriers alike--should be engaged so that they are clear-eyed regarding the risks they would face were the matter to remain unresolved.

Conducting in-person and Zoom mediations and hearings. Hybrid mediations and hearings also an option if all participants consent. Successfully completed Clearbrief Academy, June 2025.

Fordham University School of Law (JD, Fordham Law Review - 1992); Manhattan College (BS, cum laude - 1986).

Admitted to the Bar: New York (1993); U.S. District Courts: Southern and Eastern Districts of New York (1994), Western District of Michigan (1998); U.S. Courts of Appeals: Second (2006), Third (2005), Fourth (2017), Ninth (2009), and Federal (2007) Circuits; U.S. Supreme Court (2012).

• Incoming Vice Chair (2026-2027 term), NYSBA Dispute Resolution Section • Co-Chair, Domestic Arbitration Committee, NYSBA Dispute Resolution Section • Chair, ADR Committee, Nassau County Bar Association • Advisory Council Member, NCBA ADR Program • Past Co-Chair, NYSBA DRS Mediator Professional Development Subcommittee • Past Co-Chair, NYSBA DRS Mediation Tournament Subcommittee • Member, o New York City Bar Association Arbitration Committee o NYSBA Com-Fed and Labor & Employment Law Sections o NCBA Commercial Litigation and Labor & Employment Committees o Association for Conflict Resolution—Greater New York Chapter

• Panelist, "Dispelling Myths and Exploring the Benefits of Commercial Arbitration for Business-to-Business Disputes," Nassau County Bar Association, December 1, 2025. • Program Co-Chair and Co-Moderator, "The Past, Present, and (Possible) Future of Mass Arbitration," New York City Bar Association, May 8, 2025 • Moderator, "Arbitrator Disclosures and Pre-Appointment Interviews: Best Practices for Arbitrators to Protect Against Post-Award Challenges," NYSBA DR Section Domestic Arbitration Committee, November 13, 2024 • Moderator, "ADR for Court Cases in Nassau County," Nassau County Bar Association, October 24, 2024 • Panelist, "The Evolution and Impact of ADR in the Courts," ACR-GNY, October 23, 2024 • Moderator, "Practice Tips for Complex and Emotionally-Charged Mediations," NYSBA DR Section Fall Meeting, September 19, 2024 • Moderator, "Arbitration 'War Stories': Cautionary Tales from Panel Members and Counsel," NYSBA DR Section Domestic Arbitration Committee, December 14, 2023 • Panelist, "Dean’s Hour: Comparison of Seeking Emergency Relief in New York State Courts and the American Arbitration Association," Nassau County Bar Association, October 19, 2023 • The AAA’s Amended “Modification of Award” Rule, New York Dispute Resolution Lawyer, Fall 2023 | Volume 16 | No. 2 • Panelist, "Court-Annexed Mediation and Presumptive ADR," NYSBA Commercial and DR Sections Spring Meeting, May 6, 2023 • Moderator, "Dean’s Hour: Mediating A Personal Injury Case—A Roundtable Discussion," Nassau County Bar Association, June 15, 2022 • Panelist, "The Habits of Highly Effective Dispute Resolvers," NYSBA DR Section Program, March 1, 2022 • Post-Pandemic ‘Hybrid’ Meetings and Mediations: Paving the Way with Technology and Technique, Inside, 2021 | Vol. 39 | No. 2

No charge for local "commuting distance" travel, e.g., into and around NYC.

Hourly Rate: $700.00 Daily Rate: Not provided Study Rate: $700.00/hr Cancellation: $1,000.00/Day Cancellation Period: 2 Days Comment: Re Travel Rate: No charge for travel time; study rate will be applied for time actually spent preparing for meetings / mediations / hearings while in transit. Re Cancellation Costs: Regardless of timing (whether inside or outside the 2-day window), parties are responsible for any non-refundable out-of-pocket costs incurred for canceled travel plans.

English

United States of America

Rockville Centre, New York