Mediator Resume

Legal advisor and litigator with over 45 years of experience advising government and private business in litigation, regulatory compliance and alternative dispute resolution. Recognized expertise in complex disputes involving insurance, environmental law, director and officer liability and professional liability.

McDermott Will & Schulte LLP - Counsel

Attorney, Mediator

Counsel, McDermott Will & Schulte, 2025 - Present; Of Counsel (2022-2025)/Partner (1994-2022), Schulte Rother & Zabel, 1994 - 2025; Partner, Lord Day & Lord, Barrett Smith, 1984 - 1994; Deputy Attorney General, State of New Jersey, 1980 - 1984; Assistant County Prosecutor, Somerset County New Jersey, 1977 - 1980.

Insurance – Extensive experience in all facets of insurance representing both policy holders and insurers. Representative experience includes policy drafting, policy negotiation and coverage disputes involving manufacturing, waste disposal, energy and utilities; pipelines, C-suite disputes, dams; construction failures and mergers and acquisitions. Drafted the original insurance policy forms for pollution insurance. Environmental – CERCLA, RCRA, CWA, NEPA and related State Court statutes; potential liability arising out of real estate transactions including State environmental transfer laws; drafting environmental provisions in business transactions including mergers, acquisitions and financings. Business Disputes – Extensive experience negotiating and litigating disputes under representation and warranty insurance policies that have become standard tools in complex business transactions. Established the industry format for commercial real estate lender environmental due diligence. 2014 Burton Award for Distinguished Legal Writing; New York Super Lawyers.

The majority of mediation experience has involved insurance and environmental disputes. Representative matters include a dispute between insurance brokers over earned premium, primary and excess insurers disputing which company should control the defense of a series of matters; the environmental liability of an estate that was the subject of various environmental abatement orders, mediating the contribution of parties with liability to the NY Department of Environmental Conservation; the disability claim of an ophthalmologist who was denied benefits by his insurance company; claims by an airline passenger for injuries sustained when an airliner made a hard landing; and a property owner’s claims against a neighboring property owner and their contractor over damage allegedly caused by construction.

Insurance including general liability insurance, disability insurance; first party property insurance, environmental insurance. Business disputes involving the relationship between sophisticated parties and complex contract terms. Environmental liability requiring expertise in environmental law including contribution.

There is no one size fits all or secret sauce for a successful mediation. Disputes between large business often require a different approach from personal disputes. One of my initial goals is to establish trust and respect of the parties. This is best achieved by meticulous preparation, demonstrating an understanding of the parties respective positions and giving each party the respect that the mediator expects from them. There is no judging in the process, but I may engage in discussing the merits of a given position with one or both of the parties. My preference is for in person mediations, however where circumstances dictate I am comfortable with virtual mediations. I will typically have a pre-mediation session to go over the process. However, in all circumstances the principles are required to participate. I typically require that the parties prepare confidential mediation statements, with each party stating an initial settlement position. On a case by case basis I may hold a plenary meeting with both parties setting out their positions or schedule separate sessions with the parties or counsel.

Familiarity with multiple virtual on-line services including Zoom, Teams and LoopUp.

American University (BS - 1973), Loyola University (JD - 1976).

Admitted to the Bar: New York (1981), New Jersey (1977 - inactive), Pennsylvania (1977 - inactive) and numerous Federal courts; U.S. Court of Appeals: First, Second, Third, and Fifth Circuits; admitted and argued before State Supreme Courts including the New York Court of Appeals, The New Jersey Supreme Court and the Indiana Supreme Court.

American Bar Association; New York Bar Association.

“Southern District Refuses to Grant Summary Judgment Due to Lack of Documentary Evidence Demonstrating That Insured’s Misrepresentations Were Material,” New York Law Journal, Nov. 20, 2024 “Supreme Court Expands Insurers’ Rights by Holding That Insurers Are ‘Parties in Interest’ in Bankruptcy Proceedings,” New York Law Journal, Sept. 27, 2024 “New York’s Highest Court Weighs in on COVID-19-Related Commercial Property Insurance Claims,” New York Law Journal, June 27, 2024 “Novolex Holdings: A Rare Look at an RWI Claim Dispute,” New York Law Journal, April 10, 2024 “Insured Capacity and Outside Capacity: Status Matters,” New York Law Journal, Jan. 25, 2024 “Judgment Preservation Insurance Emerges as a Valuable Risk Management Option,” New York Law Journal, Nov. 15, 2023 “Eastern District Holds That Exclusion Bars Defense Obligation, ”New York Law Journal, Sept. 29, 2023 “Second Circuit Weighs In on Other Insurance and Additional Insured Dispute,” New York Law Journal, June 29, 2023 “Prior or Pending Litigation Exclusion Bars Coverage for Natural Resource Damages Claim,” New York Law Journal, March 29, 2023 “Second Circuit Clarifies Justiciability Standard for Declaratory Judgment Actions Concerning the Duty to Defend,” New York Law Journal, Feb. 7, 2023 Co Author of the Insurance Law Column, New York Law Journal 2003 – 2024 Reported Decision New York State Assemblyman Adam Clayton Powell, IV et al. v. City of New York, et al. 85 AD 3rd 429 (2011) Cinergy Corporation, Duke Energy Indiana. And Duke Energy of Ohio, Inc. v. Associated Electric Gas Insurance Services LTD, Indiana Supreme Court, 915 N.E.2nd 524 (Ind. Ct App. 2009) Friends of Van Cortlandt Park et. Al. vs. The City of New York, 95 NY 2nd 623, February 8, 2001 Kessler v. Tarrats, 194 N.J. Supra 136 (1984) Springfield v Lewis et.al., 702 F 2nd 426 (2nd Cir. 1983)

Hourly Rate: Not provided Daily Rate: $8,000.00 Study Rate: $1,000.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

New York, New York