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Arbitrator for the American
Arbitration Association (AAA), FINRA (and its predecessors the NASD,
and the New York Stock Exchange) since 1990. Claims valued in excess of
$500 million.
Commercial disputes,
including large complex cases, for example:
- Between a U.S. insurance
agency with unique proprietary patents for an institutional insurance
product and a European-based publicly-traded insurance company
regarding joint venture business and assets, exclusive licenses to
intellectual property, customer lists and other rights and obligations
under complicated interlocking contractual arrangements involving BOLI
(bank owned life insurance) and COLI (company owned life insurance),
reinsurance, SVP (stable value protection) and DMBS (data base
management systems), with claims in excess of $500 million;
- Between large regional bank
and large computer software systems designer, developer and integrator,
both publicly-traded companies, involving claims in excess of $30
million;
- Between private U.S. company
and international, publicly-traded European-based telecommunications
company involving several agreements to provide high-bandwidth computer
services, including large DBMS applications, equipment, and services to
support international Internet backbone communications with claims in
excess of $50 million;
- Among shareholders,
regarding enforceability of compulsory buyout of minority interests;
- Among parties to
computer systems licenses following following disputed terminations;
- Sole arbitrator of
various contractual disputes regarding computer software and systems
licenses, system performance and service agreements.
Numerous securities
industry claims involving customer complaints, e.g., churning,
unsuitability, unauthorized trading, failure to supervise and fraud;
unlawful employee discrimination claims and broker-dealer relationships
with principals and clearing firms; Limited partner claims against hedge funds and private equity
firms and their general partners.
Arbitration Strategy Consulting & Support:
- Special considerations in arbitration;
- Expert witness on arbitration panel decision-making;
- Expert reports;
- Tailoring arguments to the panel.
Course work:
- AAA Commercial Arbitrator Training: Opinion Writing;
Dealing with Delay; Chairing a Panel; periodic Advanced Arbitrator
Training; Basic Arbitration Training, Fall, 1990;
- FINRA / New York Stock Exchange Training: Employment Law
and Sexual Discrimination; periodic Arbitration Skills Updates;
- Anuual bar association seminars and presentations on
alternative dispute resolution.
Teaching experience: Center for
International Legal Studies, Conference on Lawyering in the
International Market - Arbitration, Panel Chair, "Drafting the
Arrbitration Clause".
Expert consulting, as an expert in arbitration.
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