Mediator Resume

Combining 30+ years of law firm and C-level experience at publicly traded companies to effectively assist parties in dispute avoidance and mitigation, complex negotiations and tailored dispute resolution. Have participated in mediations as attorney/advocate, party representative and party-selected neutral, resulting in deep understanding of mediation dynamics. Have mediated 150+ complex commercial disputes, often involving multiple parties. Amounts at issue range from a few hundred thousand to hundreds of millions of dollars. Addressed diverse issues across a broad range of industries and possess the poise, broad substantive proficiency, and emotional intelligence to serve as a highly effective mediator.

JustitiaADR LLC - Founder and Managing Member

Mediator, Arbitrator, Advisor, Attorney

Founder and Managing Member, JustitiaADR LLC, 2025 - present; Counsel, Stradley Ronon Stevens & Young, 2017 - 2025; Partner, McGlinchey Stafford, 2016 - 2017; Partner, Troutman Sanders, 2014 - 2016; Counsel, Barton LLP, 2012 - 2014; General Counsel, Fairholme Capital Management, 2010 - 2011; Senior Vice President & Chief Litigation Counsel, CIT Group Inc., 2006 - 2010; Partner, Reed Smith, 2000 - 2006; Counsel, Friedman Siegelbaum (dissolved), 1993 - 2000; Partner and Co-founder, Blum & Henin (dissolved), 1989 - 1992.

SVP & CHIEF LITIGATION COUNSEL at international publicly traded Fortune 500 financial company: managed litigation globally and served as corp representative in high stakes litigation, ADR proceedings and regulatory inquiries; engaged in risk mitigation across all businesses; assisted Company in operational and financial restructure (2007-09) GENERAL COUNSEL to investment advisor with $21 billion under management & CORPORATE SECRETARY to registered investment company: worked with management and reported to board LAW FIRM: represented debtors, creditors, equity holders, and asset purchasers in bankruptcy cases involving complex, multi-party commercial disputes under state and federal laws including, breach of contract, business torts, fraud (constructive and actual), "lender liability", fraudulent transfer, veil piercing/substantive consolidation, lien priority & perfection, valuation, examiner/trustee appointment, stalking horse bidding and “363 sales”, contract rejection (CBAs, commercial real property leases), venue challenges, plan confirmation, avoidance actions, equitable remedies (disgorgement, subordination, injunctions, specific performance, estoppel) FINANCIAL SERVICES-represented party to derivative contract in Enron bankruptcy, prevailed in financing objection and motion to appoint examiner; defended lenders accused of facilitating borrowers’ fraud/Ponzi schemes; represented bank in putative class action alleging violation of FCRA; represented lenders (pre-petition, DIP, exit finance, including alternative structures) in numerous bankruptcies; represented multi-campus school in bankruptcy involving allegations of theft of government loan money CRYPTOCURRENCY-represented C-level executive of FTX debtor in FTX bankruptcy case HEALTHCARE-represented lender to related hospitals in bankruptcy involving asset sales, operational control issues, and hospital closure; represented SNF and assisted living facilities as debtors in sale of assets, appointment of receiver, DOH approval of purchaser, modification of Collective Bargaining Agreement TECHNOLOGY-represented international telecom services provider in breach of contract actions and numerous bankruptcies; defended lender/equipment lessor against aiding and abetting claims and multi-party lien priority disputes in telecom lessee’s $300 million pyramid scheme case AEROSPACE-obtained specific performance on behalf of Japanese Government to obtain delivery of satellite from bankrupt manufacturer; represented purchaser in 363 sale of aviation company's operating assets; represented commercial aviation parts manufacturer in numerous airline bankruptcies MANUFACTURING-defended lender against charges that it participated in/enabled massive fraud orchestrated by CEO of bottled water and beverage manufacturer; represented manufacturers of batteries, airplane parts and dispensing closures in breach of contract claims and various bankruptcies HOSPITALITY/FRANCHISE-represented international franchisors of quick-service restaurants in multiple franchisee bankruptcies involving breach of contract and claims that franchisor misconduct caused financial distress REAL ESTATE: represented landlords in restructure of retail leases in numerous bankruptcies; represented sponsor of condo/co-op conversion in bankruptcy; represented building owner in dispute over escrowed funds in bankruptcy of general contractor; represented real estate developer in dispute involving property valuation; represented lender to apartment community in bankruptcy involving asset valuation INSURANCE-represented insurer in bus fleet’s action to compel coverage, balancing obligation to insure, public need for bus service and insurer’s right to choose risks TRANSPORTATION-represented lender to bankrupt bus company amid allegations of fraud; represented taxi medallion lender in bankruptcies of numerous medallion owners

Began mediating in 2012 and became full time neutral in 2025. In addition to mediating 150+ complex, high-stakes commercial disputes, leverage insight from participation in mediations as a corporate executive and party counsel to effectively guide parties to yes. While SVP and Chief Litigation Counsel to a Fortune 500, publicly-traded financial services company, strategized with company leadership and the board of directors to resolve bet-the-company disputes and participated in mediations as the company’s representative. Cases frequently involved multiple parties and allegations of regulatory violations. One such matter involved putative class and mass actions by students alleging their lender facilitated the Ponzi or pyramid scheme perpetrated by the school’s CEO. Attorney generals from more than ten states were involved. This months-long mediation involved numerous parties, shifting alliances and a settlement valued in excess of $100 million. As a corporate bankruptcy attorney, represented clients in litigation and transactional matters, and negotiated innumerable tailored settlements resolving financial, operational and legal issues. Matters resolved arise under federal and state laws and include: complex borrower/lender and lender/lender disputes; commercial contract disputes; fraud claims (including Ponzi schemes); real estate issues; employment and labor relations problems; tax issues; intellectual property issues; tort claims; regulatory issues; asset sales; corporate governance and management issues (including breach of fiduciary duty); and environmental issues. One such matter involved my representation of two related healthcare facilities in financial distress that could not obtain funding. To sell the facilities, a union contract needed to be terminated or renegotiated. After placing the entities in bankruptcy, moving to reject the collective bargaining agreement, and union protests and a vote to strike, I negotiated a settlement between the debtor facilities, a prospective purchaser of the facilities, the facilities’ lender and the union, which was approved by the Court and culminated in the sale of the facilities as going concerns. The settlement avoided the closure of the facilities and resulted in payment of a significant amount of the facilities’ debt.

*ACCOUNTING MALPRACTICE: allegations against Big Four accounting firm of irregularities in provision of audit and advisory services *BANK REGULATIONS (CYBERSECURITY): claims by corporate depositor that bank failed to implement appropriate security measures to protect account from theft *BREACH OF COMMERCIAL SERVICES CONTRACT: collection of large amounts due under commercial contract, including disputes regarding quality of service *BREACH OF ENGAGEMENT CONTRACT: claims by consultant for violation of engagement agreement, including issues concerning the enforceability of the agreement, value of services rendered and valuation of warrants *BREACH OF FIDUCIARY DUTY and FRAUD: claims of corporate waste and breach of fiduciary duty against former directors and officers of company *FRAUD and FRAUDULENT TRANSFER CLAIMS: claims under Section 548/550 of Bankruptcy Code and state laws to recover asset transfers under theories of fraudulent transfer, fraud (actual and/or constructive), unjust enrichment, conversion, often including disputes over corporate solvency, valuation, good faith *FRAUD and PONZI SCHEME: claims on behalf of creditors of corporate depositor alleging bank aided and abetted Ponzi scheme orchestrated by depositor’s CEO *INSURANCE: coverage issues under D&O policy concerning breach of fiduciary duty under “wasting limits” insurance policy *LEGAL MALPRACTICE: fraud and breach of contract claims by various clients against global law firm based on alleged irregularities in provision of legal services and/or accounting and billing *PREFERENCE ACTIONS: claims under Section 547/550 of US Bankruptcy Code, seeking recovery of alleged preferential transfers, issues involved solvency, valuation, parties’ course of dealing and industry standards * SECURITIES INVESTMENT PROTECTION ACT/BANKRUPTCY: actions under SIPA (including numerous in Madoff case) to recover assets from initial and subsequent transferees, many valued in excess of $20 million, involving applicability of SIPA, issues of solvency, constructive and actual fraud, fraudulent transfer, Ponzi scheme, mere conduit defense/tracing of funds, safe harbor provisions, extraterritoriality (reach of US laws to foreign entities), look back period for recoveries (state vs federal), equitable remedies, good faith of recipient, prejudgment interest

Mediation is a party-driven process, adapted and tailored to the unique individuals and circumstances involved. As the mediator, I afford parties the maximum amount of autonomy throughout the process, guiding them to reach a resolution of their dispute that avoids a third party win/lose judgment and other risks associated with litigation and arbitration. Successful outcomes require thorough preparation of the mediator, counsel and parties, genuine good faith, and a trusted mediator who pairs empathy with persistence and open mindedness to guide parties toward creative, customized solutions. In preparation for mediation, I study party submissions and engage in pre-mediation conversations with party counsel. At the mediation, I continue to develop my understanding of the parties, the dynamics between them, the dispute and the roadblocks to settlement by observing, listening, and maintaining an open mind. I encourage each participant’s active engagement, beginning with minimal intervention and increasing my involvement by sharing viewpoints, opinions or suggestions based upon cues from the parties. I guide the parties to stay focused, pinpoint the essence of their disputes, identify and hone their underlying goals, clarify misunderstandings and develop respect for their adversaries’ position. I remain patient, yet diligent and purposeful while steering the parties toward consensus. As the mediation unfolds, I generally make suggestions for resolution, often involving unconventional terms that would not be achievable in litigation or arbitration. Should the parties reach a true impasse, I will circulate a mediator’s proposal if all parties agree that is an appropriate course of action. If a matter does not settle, I will continue to follow up with telephone calls and virtual or in-person meetings so long as progress towards a resolution continues to be made.

Proficient at conducting mediations on the Zoom and Teams platforms

Seton Hall University School of Law (JD, Law Review editor, Law Review publication, Moot Court Board - 1985); New York University, School of Arts and Sciences, BA, Major in Philosophy, Minor in Psychology, Minor in Sociology - 1982).

Admitted to the Bar: New York (1987), New Jersey (1985); U.S. District Courts: New Jersey (1985), Eastern District of New York (1986), Southern District of New York (1986) and Western District of New York (2017).

New York State Bar Association: Co-founder and co-chair of Financial Services Committee of Dispute Resolution Section, 2025-present; Treasurer of the Dispute Resolution Section, 2020-2024; Co-founder and co-chair of Technology Committee of Dispute Resolution Section, 2022-2024. Member of the Association of Commercial and Transactional ADR Professionals, an invitation-only, non-profit professional association comprised of dispute resolution and prevention professionals with deep hands-on operational experience in business, transactional, and financial matters. Turnaround Management Association: Global Board of Trustees 2017-2019; Chairperson of New York Chapter 2018; President of New York Chapter, 2017. American Bankruptcy Institute: member.

11/12/25-moderator, "Class and Mass Actions and ADR in the Financial Industry", CPR International Institute for Conflict Prevention & Resolution, Banking and Financial Services Alliance 10/29/25-moderator, "Litigation Funding and Alternative Dispute Resolution - Exploring Positives and Negatives", New York State Bar Association, Dispute Resolution Section 10/15/25-panelist, "Resolving Financial Disputes in the Digital Age: Arbitration in the Era of Fintech", American Arbitration Association, Annual AAA-ICDR Commercial Conference 5/7/24-panelist, "The Uses and Abuses of Chatbots; Live Demo and Review of Ethics Rules", New York State Bar Association Technology Committee, AAA-ICDR Commercial Conference 3/7/24-panelist, "Arbitrators and Mediators: How Much Freedom Do you Give or Take From Your Participants & A Mediator's Freedom to Lie", CPR International Institute for Conflict Prevention & Resolution, Annual Meeting 2/20/24-panelist, "Drafting and Enforcing Assignments of Rent: Collateral vs Absolute Assignments", Strafford Publications, Inc. 5/18/23-panelist, "Current Issues and Trends in Arbitration in the Financial Services Sector", sponsored by CPR International Institute for Conflict Prevention & Resolution, Banking and Financial Services Alliance and Arbitration Committee 5/2/23-panelist, "AI Series, Part Two: Introduction to AI: Tech Session", New York State Bar Association, Dispute Resolution Section 5/23-panelist, "Cybersecurity: The Threats, The Issues, The Solutions", New York State Bar Association, Dispute Resolution Section 2/6/23 - panelist, "Critical Issues: Dispute Prevention, Cyber Security, Bias", sponsored by New York State Bar Association, Dispute Resolution Section 9/1/22-author, "'What Del. Justices' Insolvency Ruling Means For Corps.", Law 360 5/10/22-author, "Mortgagees Holding Liens Against Chapter 13 Debtor's Primary Residence Could be Subject to Punitive Damages for Notice Violations", Pratt's Journal of Bankruptcy Law 12/2021-panelist, "Mediation: Nothing To Lose and So Much To Gain", sponsored by Celesq AttorneysEd Center 8/2021-author, "Lowering Litigation Risk & Redefining Wins Via Alternative Dispute Resolution", published by Bloomberg Law 7/2021-panelist, "The New Normal: Maintaining Your Network While Navigating the Future of Work", Turnaround Management Association, New York City Chapter 6/2021-author, "Mediation: Nothing to Lose and So Much to Gain", published in New York Law Journal Nov./Dec. 2020-co-author, "Reshape Your Board for Company Restructuring", published in Corporate Board Magazine 11/2020-panelist, "Managing the Onslaught of COVID-Triggered Financial Services Disputes - Is Arbitration the Solution?", sponsored by the New York State Bar Association, Arbitration Committee 10/2020-speaker, CPR International Institute for Conflict Prevention & Resolution, Banking and Financial Services Committee regarding use of mediation in mega bankruptcy cases and applicability of mediation in large, complex non-bankruptcy cases 6/2020-panelist, "We're All in This Together - Let's Mediate", Turnaround Management Association, New York City Chapter, webinar 2/2020-presenter, "Innovative Financing and DIP Substitutes", Turnaround Management Association Global Distressed Investing Conference 2/2019-author, "Agreement to Arbitrate Arbitrability Cannot be Overridden by Courts", ADR Advisor Client Alert 12/2018-author, "Second Circuit Rules Arbitration Clauses not Enforceable in Bankruptcy Case", ADR Advisor Client Alert 12/2016-panelist, "Supreme Court Casts Wide Net for Actual Fraud Under Section 523: Huskey and its Potential Impact", Winter Leadership Conference, American Bankruptcy Institute 12/2013-panelist, "Lender vs Lender: Let's Get Ready to Rumble", Winter Leadership Conference, American Bankruptcy Institute

Within New York City, subject to discussion

Hourly Rate: $945.00 Daily Rate: Not provided Study Rate: $945.00/hr Cancellation: $2,000.00/Day Cancellation Period: 3 Days Comment: Cancellation period is 3 business days. To extent travel time can be used for study, travel time will not be billed.

English

United States of America

New York, New York