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Mediator Resume

Todd A. Higgins, Esq.

Todd A. Higgins, Esq.

Professional Summary

Commercial arbitrator and mediator with extensive experience in complex business disputes involving closely held companies, shareholders and LLC members, executives, boards, and investors. Background resolving sophisticated contract disputes, corporate governance and fiduciary duty claims, founder and ownership disputes, executive compensation, and post-transaction conflicts. Sole arbitrator in numerous consumer arbitrations, managing motions, hearings, and reasoned awards. Significant experience mediating and arbitrating cross-border disputes involving substantial financial exposure, including real estate-backed entities, operating companies, and publicly traded and private-equity-backed businesses.

Current Employer-Title

Higgins ADR LLC - Founder and Managing Partner

Profession

Attorney, Arbitrator, Mediator

Work History

Founder/Managing Partner, Higgins ADR LLC, 2022-Present; Founder/CEO, Aurora Hospitality, LLC, 2022-Present; Co-Founder/Managing Partner, Crosby & Higgins LLP, 2005-2024; General Counsel, Omnichannel Acquisition Corp., 2020-2022; Chief Operating Officer, FAST Acquisition Corp., 2020-2022; General Counsel, Clear Sight Analytics LLC, 2018-2021; General Counsel/Interim Chief Operating Officer, CoKinetic Systems Corp., 2007-2008; Adjunct Professor, University of Connecticut, 2005-2008; Associate Attorney, Shatz & Nobel LLP, 2002-2004; Law Clerk/Associate Attorney, Gibson, Dunn & Crutcher LLP, 1999-2002; Assistant Vice President, Chase Manhattan Bank, 1997-1999.

Experience

Extensive experience advising and representing businesses, executives, boards, and investors in complex commercial disputes across a wide range of industries, including real estate-backed entities, publicly traded and private-equity-backed businesses, and other investment and operating structures. Background includes litigation, arbitration advocacy, mediation, and in-house leadership roles involving sophisticated business conflicts and high-stakes financial exposure. Commercial Contract Disputes: Handled disputes arising from commercial contracts including services, supply, distribution, intellectual property licensing and infringement, and joint venture agreements. Experience addressing claims involving breach, termination, performance standards, payment obligations, indemnification, tortious interference, fraud, misrepresentation, and damages, including cross-border transactions. Closely Held Business Disputes: Substantial experience with disputes involving closely held companies, founders, and partners, including business breakups, ownership and control disputes, and deadlock. Regularly addressed valuation, buyouts, capital contributions, dilution, and exit mechanics. These disputes frequently involved commercial and residential real estate assets held through single-purpose entities, as well as private-equity-backed portfolio companies and sponsor-controlled entities. Shareholder & LLC Disputes: Advised and represented parties in shareholder and LLC member disputes involving agreement interpretation, governance rights, fiduciary obligations, voting and control issues, derivative-style claims, and enforcement of buy-sell and transfer provisions, including disputes arising in real estate-backed entities and private-equity-backed investment structures. Fiduciary Duty Claims: Extensive experience with fiduciary duty and loyalty claims asserted against officers, directors, managers, controlling equity holders, partners, and advisors. Matters included alleged self-dealing, conflicts of interest, disclosure obligations, misuse of corporate assets, business judgment issues, and governance failures in privately held and publicly traded operating companies. M&A and Post-Closing Disputes: Significant experience addressing disputes arising from mergers, acquisitions, and other corporate transactions, including post-closing claims related to earn-outs, indemnification, working-capital adjustments, representations and warranties, and alleged transactional misconduct. Experience includes operating companies, private-equity-sponsored acquisitions, and real estate-holding entities. Executive Employment Disputes: Handled disputes involving executive employment and separation, including compensation, incentive and equity arrangements, severance, termination, restrictive covenants, and senior management transitions, including matters connected to ownership interests and private-equity-backed companies. Experience spans industries including financial services, technology, professional services, hospitality, consumer and luxury goods, real estate, commodities, and analytics-driven enterprises. Background includes service as general counsel and senior executive in privately held and publicly traded companies, with significant exposure to capital raising, business operations, corporate governance, risk management, and dispute prevention.

Mediator Experience

Appointed to the Commercial Division Mediator Roster in New York County, serving as a court-appointed mediator since 2023 on commercial cases involving complex disputes. Engaged routinely as a private mediator at all stages of the dispute escalation path, involving individuals, partnerships, and various types of business entities.

Representative Issues Handled as a Mediator

Mediated complex commercial cases primarily matters involving contract breaches, fraud and misappropriation claims, statutory violations, governance issues, real estate disputes, partnership and business valuation and dissolution, unjust enrichment and fiduciary violations.

Mediator Style & Process Preferences

I am a strong proponent of the “mediation before the mediation.” I actively engage with parties through pre-mediation confidential submissions, pre-mediation calls with each side or their counsel, and the thoughtful consensus building work of identifying potential paths and blockers to resolution that is so critical to making live mediation sessions efficient and productive. I work closely and collaboratively with the parties to set parameters for the mediation process that maximize probabilities for a successful resolution.

Technology Proficiency

Experienced conducting virtual and hybrid arbitration hearings, conferences, and mediations using platforms including Zoom and Microsoft Teams. Comfortable managing document-intensive proceedings utilizing electronic exhibits, electronic hearing bundles, and shared digital workspaces. Familiar with electronic discovery workflows, electronically stored information (ESI) issues, and technology-assisted review in the context of complex disputes. Practical familiarity with AI-supported research, document analysis, and case organization tools used to enhance efficiency, issue identification, and decision-making in dispute resolution proceedings.

Education

Fordham University School of Law, (J.D., magna cum laude, Order of the Coif, Fordham Law Prize, Law Review-2001); Queens College, City University of New York (B.S., Political Science-1998).

Professional Licenses

Admitted to the Bar: New York (2002), Connecticut (2003); U.S. District Court: District of Connecticut (2004), Southern (2005) and Eastern (2012) Districts of New York; U.S. Supreme Court (2018).

Professional Associations

Chartered Institute of Arbitrators Associate Member; American Bar Association Section of Dispute Resolution; New York State Bar Association Dispute Resolution Section; New York State Dispute Resolution Association.

Compensation

Hourly Rate: Not provided Daily Rate: Not provided Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

Languages

English

Citizenship

United States of America

Locale

New York, New York