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Columbia Law School, New York, NY

Practice Areas 

Columbia Law School, NYC

Arbitrator and Mediator Services

Service as tribunal chair, sole arbitrator, and tribunal member in a broad range of international and complex domestic US commercial, IP, and employment cases, including:

  • Commercial Contracts: full range of disputes involving long-term supply contracts including timeliness of performance, nonconformity of goods, failure to deliver related services, breach of express and implied warranties, implied duties (best efforts, good faith and fair dealing), price determination, conditions, stipulated damages, hardship, impossibility, mandatory law, mistake, limitations on damages, anticipatory breach, repudiation, termination, restitution, damages, set-off, assignment or transfer, third-party rights, limitations periods, joint and several liability, fraud

  • Corporate Transactions: private mergers and acquisitions, breach of representations and warranties, price adjustments, earn-out agreements, breach of post-closing covenants

  • Licensing, Franchise, Dealer and Sales Agency Agreements: failure to perform, wrongful termination, breach of exclusivity obligations, failure to meet targets or exercise best efforts, noncompliance with statutorily imposed duties

  • Aerospace and Defense: supply chain disruption, Tier 1/ sub-tier relationships, defective parts, delay, hardship claims in long-term supply arrangements, intellectual property rights disputes, stipulated damages

  • Energy: oil and gas projects, solar panel supply disputes (manufacturing defects, sourcing, misrepresentation, insurability), wind farms (construction, operations and maintenance, turbine defects), civilian contractor logistics and fuel supply in support of military operations

  • Life Sciences: patent infringement, misappropriation of jointly developed technology, licensing disputes, violation of confidentiality and non-compete obligations

  • Closely-held Corporations: accounting, mismanagement and misappropriation, breach of non-compete, fair value/FMV minority share valuation

  • Limited Liability Company: disputes between Members and Managers based on operating agreement terms, implied duties

  • Professionals: compensation, competition disputes between law firms and departing partners

  • Employment: executive compensation including investment banker bonus disputes, wrongful termination, breach of duty of loyalty, unfair competition, discrimination, hostile work environment

Representative Cases as Arbitrator or Mediator (cases as neutral)

Chair

  • Chair, sole arbitrator and co-arbitrator in cases involving:

    • Alleged wrongful termination of exclusive long-term supply or distribution agreements was alleged

    • Disputes between suppliers and their exclusive US importers of commodities, industrial, or consumer products and related service obligations

    • Shareholder or LLC member disputes

  • Chair in ad hoc international arbitration involving an oil and gas long-term development project

  • Chair in ad hoc international arbitration seated in New York involving dispute involving crop growers in Africa (UNCITRAL Rules)

  • Chair in ICDR-administered international arbitration between a winery and its exclusive US importer

  • Chair in AAA Commercial Rules arbitration in which the panel rendered a final award based on dispositive cross-motions in a case brought for breach of confidentiality obligations contained in an indemnification agreement between co-defendants in mass tort litigation pending in a South Carolina state court

  • Chair in AAA Commercial Rules arbitration arising from a dispute over whether the filing of new patents using research data derived from in vitro and in vivo studies using proprietary technology supplied pursuant to a Materials Transfer Agreement (MTA) violated the terms of the MTA

 

Arbitrator

  • Party-appointed arbitrator in ICC arbitration related to a pricing dispute between supplier and US importer-distributor in a long-term chemical supply agreement

  • Party-appointed arbitrator in ICC arbitration related to breach of contract and wrongful termination claims regarding the supply of cycling equipment pursuant to an original design and manufacture agreement

  • Party-appointed arbitrator in ICC arbitration between supplier and commercial customer arising from non-payment for packaging equipment and counterclaim for rescission and refund based on non-conformity to specifications, product defect and misrepresentation

  • Sole arbitrator in AAA Commercial Rules arbitration involving alleged breaches of express and implied duties under an agreement to purchase a jewelry brand

  • Sole arbitrator in an international arbitration between a US fashion brand licensor and a men’s apparel manufacturer/licensee

  • Sole arbitrator in AAA Commercial Rules arbitration seated in New York regarding solar panel sourcing, insurability, product quality and installation issues

  • Sole arbitrator in CPR International Administered Rules arbitration seated in Toronto regarding solar panel sourcing and conformity to contract

  • Sole arbitrator in an arbitration brought for breach of turbine warranty and wind farm operation and maintenance contracts

  • Sole arbitrator in AAA arbitration over alleged breach of pharmaceutical marketing agreements

  • Sole arbitrator in AAA arbitration brought by a terminated patent agent for a declaratory award that it was entitled to receive contingent fees in connection with anticipated recoveries in worldwide software patent litigation

  • Sole arbitrator in an ICDR arbitration between a US fashion brand licensor and a Mexico-based licensee/men’s apparel manufacturer

  • Sole arbitrator in AAA Commercial Rules case submitted to arbitration on the eve of trial, after nearly a decade of litigation in federal court, involving dispute between competitors over alleged infringement of a famous service mark

  • Sole arbitrator in AAA Commercial Rules arbitration involving claims of violations of territorial exclusivity brought against a national real estate brokerage system and its exclusive Manhattan franchisee

  • Sole arbitrator in AAA executive employment (including investment banker bonus) cases

 

Co-Arbitrator

  • Co-arbitrator in ICDR-administered arbitration between an Asian developer and a New York brokerage firm related to a luxury residential development project in Manhattan

  • Co-arbitrator in AAA Commercial Rules arbitration involving claims of breach of contract and breach of fiduciary duty against private equity fund managers

  • Co-arbitrator in AAA Commercial Rules arbitration involving claims of non-conformity and breach of warranty related to the large-scale supply of supermarket pallets

  • Co-arbitrator in ICDR arbitration of breach of contract and unfair competition claims involving international fresh fruit supply agreements

  • Co-arbitrator in AAA Commercial Rules arbitration between a hedge fund manager and founders of the fund

  • Emergency arbitrator in AAA arbitration brought by a third-party funder to obtain an injunction preventing distribution of class action settlement funds pending a decision on the merits in the arbitration

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Mediator

  • Mediator in disputes between shareholders in closely held companies

  • Mediator in disputes between LLC members and managers

  • Mediator in employment discrimination and hostile work environment claims

  • Mediator in Italian in LLC member disputes

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