Mediator Resume

Forty years’ experience as lawyer for, and counselor to, corporate entities and their board members and senior executives. Handled complex civil litigation and government investigations and prosecutions. Specialized in healthcare, representing both payors and providers, and financial services, representing international and domestic banks, broker-dealers, and investment advisers. Skilled mediator and arbitrator, trusted for fairness and creative approaches to difficult disputes.

Libby ADR LLC - Healthcare and Commercial Arbitrator and Mediator

Arbitrator, Mediator

Healthcare and Commercial Arbitrator and Mediator, Libby ADR LLC, 2024 - Present; Partner, Manatt Phelps & Phillips, LLP, 1995 - 2024; Assistant U.S. Attorney, U.S. Attorney’s Office, Central District of California, 1989 - 1995; Associate, Munger Tolles & Olson, 1987 - 1989; Associate, Arnold & Porter, 1984 - 1987.

Helps counsel and their clients resolve complex business disputes by understanding the facts, building trust, and navigating the emotions inevitable in almost every case. As an arbitrator, respects the parties’ process, ensuring that arbitrations are fair, efficient, and cost-effective. As a mediator, is persistent and patient, taking the time to understand each side’s position and guiding the parties to mutually satisfactory solutions. Building on nearly 40 years of varied experience as a lawyer — including active trial, arbitration, and internal-investigation work through early 2024 — and training as an arbitrator and mediator, is an effective and sought after neutral whose perspective reflects current, hands-on practice. Has litigated numerous complex and challenging commercial cases in state and federal courts and arbitration proceedings for clients in several industries, including financial services (including international and domestic banks, broker dealers, and investment advisers) and healthcare. In addition, has extensive experience in undertaking complex internal investigations in response to inquiries by the United States Department of Justice, the United States Securities and Exchange Commission, and a variety of state and local agencies, providing a unique perspective on the internal dynamics of corporations, including the roles of boards of directors and senior management, as well as issues relating to the attorney-privilege, fiduciary duty, employment, and data collection/review/security/privacy. Extensive international travel and interaction with counsel and clients in many jurisdictions, including the U.K., Switzerland, Israel, Mexico, Canada, Sweden, China, Hong Kong and India.

Mediated over 100 commercial and healthcare cases since 2021. Forty years of experience as a trial lawyer and litigator handling complex civil litigation and government investigations in healthcare, financial services, and unfair competition. Available nationwide in person and on Zoom.

Healthcare, financial services, commercial, employment, attorney-client disputes.

As important as the actual day of mediation is, my philosophy emphasizes preparation before the day and follow-up afterwards as the key to obtaining successful and lasting settlements. As to preparation, I first require succinct, to-the-point mediation briefs that outline the essential facts and the disputed issues between the parties. Then I have separate pre-mediation calls with counsel to understand the dynamics of the dispute, including issues between the parties and counsel. On the day of the mediation itself, I may start in joint session to introduce myself, explain the process to any parties who may not be familiar with mediation, and outline the issues to be discussed and resolved. Typically, however, the mediation starts in caucus, where I am mostly in listening mode, encouraging the parties to share with me their facts and perspectives and asking questions to make sure I understand all facets of the dispute. As the day goes on, I will become more evaluative, sharing with the parties and counsel my views on their positions and the likelihood of each party prevailing at trial or hearing. I will make every effort to get the parties to realistic numbers, as well as to explore creative, non-monetary solutions. I have successfully used techniques such as bracketing and mediator’s proposals to resolve cases. If the dispute does not settle on the scheduled day, I end the day by reminding the parties and counsel how much progress they have made, and I will follow up with counsel, encouraging them and their clients to continue talking and build on that progress.

Uses all common remote communication platforms, including Zoom and Microsoft Teams. Experienced with Electronically Stored Information and related eDiscovery issues. Successfully completed Clearbrief Academy, May 2025.

Yale Law School (J.D. - 1984); Stanford University (B.A., History and Political Science - 1980; elected to Phi Beta Kappa - 1979).

Admitted to the Bar: District of Columbia (1984), California (1987), New York (2019); U.S. District Court: all federal district courts in California and New York; U.S. Court of Appeals: Second and Ninth Circuits; U.S. Supreme Court.

American Bar Association (Co-Chair, Newsletter Committee, Pre-Trial Practice and Discovery Section); California Lawyers Association; New York State Bar; American Health Law Association; California Society of Healthcare Attorneys; Los Angeles County Bar; New York City Bar Association (Member, Healthcare Committee).

Frequent speaker and author on a variety of topics, including arbitration and mediation, healthcare, the False Claims Act, and internal corporate investigations.

Parties will not be charged for: Airfare for travel within the continental United States; Hotel accommodations or meals in Los Angeles County, California; Any travel expenses in New York County (Manhattan), New York City, New York.

Hourly Rate: Not provided Daily Rate: $10,000.00 Study Rate: Not provided Cancellation: $5,000.00/Day Cancellation Period: 14 Days Comment: Half day (4 hours) billed at $5000. Additional time beyond scheduled days or half days billed at $795/hour

English

United States of America

New York, New York