Mediator Resume

More than five decades litigating and arbitrating a highly diverse range of sophisticated commercial matters, in both federal and state courts and multiple arbitral forums, including dozens of trials (both jury and bench), dozens of appeals, and many regulatory hearings. More than 30 years serving as a mediator on roughly 200 federal court cases, as well as dozens of other cases as an advocate in mediation.

Dorsey & Whitney LLP - Counsel

Attorney, Mediator

Counsel (2025-Present)/Partner (1995-2024), Dorsey & Whitney LLP, 1995 - Present; Partner, Townley & Updike LLP, 1992 - 1995; Partner, Rogers & Wells, 1987 - 1992; Partner (1985-1987)/Associate (1981-1985), Demov, Morris & Hammerling, 1981 - 1987; Associate, Proskauer LLP, 1973 - 1981.

Served for a dozen years as Co-Chairman of the Commercial Litigation Practice Group of Dorsey & Whitney LLP, managing 80 litigators. Lead defense counsel in five antitrust class actions concerning delivery of bankruptcy management services, in District Courts of IL, PA, CT, and NJ. All defeated on motions to dismiss. Three appealed - to the 2d, 3d, and 7th Cirs. - and all judgments affirmed. Lead counsel for multi-national corporation suing Eastern European banks that had defaulted on letters of credit. Attached defendants’ correspondent bank accounts and collected more than $100 million. Lead counsel for sponsor of limited partnerships in hundreds of contract cases filed in the Sup. Ct., NY Co., seeking damages for investors’ defaults under promissory notes. Tens of millions of dollars in judgments collected. Lead defense counsel for securities broker-dealer sued in 50 putative securities fraud and RICO class actions consolidated into 5-year S.D.N.Y. multi-district case. After Court granted every defense motion made, very favorable settlement reached. Counsel for plaintiff corporation in 14-month antitrust trial in D. Ct., alleging claims of monopolization of the photocopy industry, resulting in $120 million verdict for plaintiff. Lead defense counsel in D. Del. RICO class action concerning software industry; dismissed on motion. Lead defense counsel for foreign bank accused of fraud; dismissed after NY trial with no liability. Lead counsel for major publisher against distributor. First Dep’t awarded client $3 million in damages. Lead defense counsel for large agricultural producer accused by Brazilian orange growers of having breached juice futures contracts. All claims dismissed; judgment affirmed in 1st Dep’t. Lead counsel for agricultural conglomerate in post-closing audit-adjustment dispute with large South American company, litigating over alleged misrepresentations regarding sale of Venezuelan pasta company. Favorably settled. Achieved settlement doubling merger consideration offered to minority shareholders in a Delaware squeeze-out merger/appraisal rights case. As lead defense counsel for major publisher, obtained dismissal of defamation case in D. S.D. Lead counsel for major bank obtaining $9 million judgment in breach of contract/fraud case in D. N.J. As lead defense counsel for major publisher in AAA arbitration concerning alleged joint venture, obtained award defeating all claims. On behalf of major conglomerate, won dismissal of all claims (libel and wrongful discharge) after week-long trial in S.D.N.Y. As lead defense counsel, obtained dismissal of all claims in Rule 10b-5 securities fraud case in S.D.N.Y. As lead defense counsel for major publisher, defeated motion for class certification in S.D.N.Y. deceptive trade practices case. As lead defense counsel for major publisher, defeated all claims in consumer fraud class actions filed in N.D. Cal. and D. Mont. As defense counsel for major airline, obtained dismissal of ERISA class action (regarding administration of pension plans) and obtained dismissal of ADEA class action, both in S.D.N.Y.; affirmed dismissal of ADEA case, 2d Cir. Lead defense counsel for law firm sued for defamation in E.D.N.Y.; dismissal affirmed in 2d Cir. As lead defense counsel for television network, obtained dismissal after S.D.N.Y. trial of $8 million breach of contract/fraud claims. Lead defense counsel in N.D. Ala. securities fraud and RICO case. All claims dismissed on motion; affirmed in 11th Cir. As lead defense counsel for Government bank in E.D.N.Y. race discrimination jury trial, obtained defense verdict. Won dismissal of race discrimination claims against a large ocean shipping company after bench trial before Judge Wyzanski in Boston. Successfully defended broker-dealer and multiple individuals in separate formal and informal SEC investigations.

Panel mediator for the Southern District of New York for the past 30 years, involving roughly 200 cases. Most of the cases involved complex commercial litigation concerning large or medium-sized companies or institutions, as well as governmental entities. Subject matters of mediation have included advertising, agriculture, aviation, banking, biotechnology, finance, antitrust, contractual disputes, intellectual property, fraud, civil rights, labor and employment disputes, the pharmaceutical industry, insurance, securities, religious discrimination, environmental issues, healthcare, the fashion/apparel business, medical office administration, media and publishing, manufacturing, water management, real estate, and education. Experience includes multi-party mediations, international business, disputes involving hundreds of millions of dollars, and disputes in which the principles at stake were more important than money.

Religious organizations' allegations of discrimination against town that imposed zoning restrictions to prevent development of land owned by the organization; manufacturer's dispute with bank seeking to seize inventory as collateral for unpaid loan; international pharmaceutical company claiming violations of Lanham Act based on allegedly false advertising by rival producer of medications; physician alleging office staff personnel converted funds of the physician, and staff maintained physician had committed multiple torts and had provided staff authority to spend his funds on his behalf; business owner disputed whether consultant hired to handle various aspects of the beauty care business adequately performed; technology consulting company alleged company for which it performed services defaulted in payment for services and had defrauded it into providing those services; international dispute relating to Israeli technology company's services performed in the U.S.; dispute between major NYC hospital and clinical laboratory testing company; breach of contract and fraud dispute relating to the bus advertising business in multiple cities; multi-party international dispute relating to the funding of clinical trials for the testing of certain compounded drugs; dispute regarding alleged wrongful termination of CEO of a financial technology company and violation of his rights under indemnification provisions of his contract; alleged overcharges by NYC concerning assessments related to water usage by thousands of homeowners; alleged sex discrimination at one of the nation's largest banks; the revocation of press credentials of reporters at a major international news organization; dispute concerning the enforcement of a guaranty obligation in a contract between parties in the food health industry; contract dispute regarding a charter flight business.

Each case is different, as are the personalities connected to it. I encourage the parties themselves, as well as their counsel, to participate in the process of resolving the dispute, with an emphasis on ensuring that the decision-makers hear directly from one another, if possible, or at least from the other side's counsel. This may be the first opportunity to hear a perspective other than one designed to support that party. In that way, each side in the dispute better understands the risks it would be facing in continuing with litigation; and, therefore, no hard-and-fast rule works for all cases. I work quickly to understand the facts and players in each case and remain receptive to adapt as necessary to facilitate the best approach and atmosphere to enhance the prospects of resolution of the controversy. I do my best to encourage all participants in the process to maintain a respectful tone and atmosphere in joint sessions, with opportunities to express emotions during private caucuses. I try to build trust from the start between myself and the parties and their counsel. I generally begin with a counsel-only preliminary conference, exploring issues and unfulfilled needs that will help to make the mediation more productive. I encourage the parties to submit confidential mediation statements to me at least one week before the first mediation session. I review all mediation statements and exhibits thereto carefully and prepare thoroughly to avoid delay in working toward a resolution of the case. While I regard the mediator's role as at least initially facilitative, I do not adhere slavishly to that rubric. I take an active part in the process and work to create alternative paths to reaching a settlement. I believe in never giving up, which is likely one reason why I have a very high percentage of case resolution.

Regular use of Zoom to conduct mediations, and familiarity with Microsoft Teams and other remote conference systems. Also available to conduct mediations face-to-face, with abundant conference room facilities. Served as Chairman of the Litigation Subcommittee of Dorsey & Whitney LLP’s AI Task Force and piloted most proprietary AI products utilized in the legal industry. Currently using multiple AI products in litigation. Complete familiarity with ESI and various document review systems.

New York University School of Law (J.D., Editor, New York University Law Review, Articles and Book Review - 1973); New York University, University Heights (B.A., History with highest honors, Phi Beta Kappa - 1969).

Admitted to the Bar: New York; U.S. District Court: Southern and Eastern Districts of New York; U.S. Court of Appeals: Second, Third, Seventh, Ninth, and Eleventh Circuits; U.S. Supreme Court.

New York State Bar Association, Member; Member, Dispute Resolution Section; Member, Commercial & Federal Litigation Section City Bar Association, Member New York University Alumni Association; President, 2006-2008; Member, Board of Directors, 1996-Present New York Law Alumni Association; President, 1994-1996; Member, Board of Directors, 1985-Present New York University, Trustee (2009-2015)

Hourly Rate: $600.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $600.00/Day Cancellation Period: 2 Days Comment:

English

United States of America

New York, New York