Mediator Resume

Full time arbitrator, mediator and special master for large and complex business-related cases, often of international dimension, both in-person and via video media such as Zoom. Spent 37+ years litigating these very sorts of cases as a partner at Simpson Thacher & Bartlett LLP in New York, retired in 2015. Ranked in Chambers USA as one of the nation's top mediators and arbitrators and a Fellow of the College of Commercial Arbitrators, the Chartered Institute of Arbitrators and the Academy of Court Appointed Neutrals. Clearbrief Certified.

X-Dispute LLC - Arbitrator, Mediator, Special Master

Mediator, Arbitrator and Special Master; Attorney

Arbitrator/Mediator/Special Master, X-Dispute LLC, 2016-Present; Partner, Simpson Thacher & Bartlett LLP, 1978-2015; Senior Lecturing Fellow, Duke Law School, 2011-Present; Adjunct Professor, University of Miami Law School, 2018-2020.

Four decades of complex litigation and business advisory experience at Simpson Thacher & Bartlett LLP and then as a full-time arbitrator and mediator, with significant expertise in disputes involving business contracts, mergers and acquisitions and joint ventures, insurance, manufacturing and distribution, pharmaceuticals, IP, beverages, securities and financial services, healthcare, accounting and law firms, real estate, corporate governance class actions, product liability and mass tort and antitrust.

Mediated scores of large domestic and international disputes involving: Partnerships/ Joint Ventures/ M&A: Numerous post-acquisition disputes involving both private equity and strategic acquisitions; international dispute over acquisition agreement for resort properties; dispute over failure to obtain CFIUS approval of a cross-border merger; dispute over partnership/joint venture and IP arising out of television program Shark Tank; Los Angeles and New York real estate development project partnership disputes, racial discrimination claims in new media/legacy media joint venture. IP/ Development: IP misappropriation claim against major hospital/medical research institution; dispute over Major League Baseball team’s use of new tradename and trademarks; international pharmaceutical development contract disputes; dispute over internet school trademarks, vaccine trademark licensing and joint venture dispute. Healthcare and Insurance: numerous mediations of hospital system claims against major health insurers/ managed care organizations; antitrust claims by provider company against major health insurers; life insurer market practices dispute with policyholders; multiple insurers construction and liability coverage dispute with policyholder and inter se over collapsed plant/warehouse roofing; multiple insurers CGL/environmental/pollution coverage disputes, aviation insurance dispute, large aviation insurance dispute; insurance coverage for opioids claims against pharmaceutical manufacturer. Supply/ Distribution Agreement Disputes: termination of veterinary device distribution agreement, major food company agreements with packaging company, food company agreements with national warehouse and logistics company; claims that faulty transformer equipment and installation caused failure of major solar energy production venture; termination of national spirits and wine distributorship by leading supplier. Product and Service Liability Disputes: contract dispute between two technology services companies over failed centi-million-dollar joint service contract; food processing company dispute with production machinery suppliers over contaminated foods; dispute between major luxury hotel and payroll services company. Banks/Financial Services: investor securities claims against covid-19 testing company and major law firm; residential mortgage backed securities bank portfolio acquisition dispute; state retirement fund dispute with bank over residential mortgage backed securities bond purchases; investor actions alleging corporate/securities fraud; biotech investment banking fee dispute; bond indenture dispute; bank real estate development and lending/ foreclosure disputes, fraudulent wire transfers dispute; bank account termination dispute, claims against bank regarding fraudulent wire transfers; enforcement of financial guaranty to major restaurant chain. Professional Liability (Lawyers, Auditors): Fund liquidator’s fraud and other claims against a major accounting firm; banks’ claims against major accounting firms following bankruptcy of audited company; fee dispute among law firms, claims against major law firm alleging securities fraud; claims against firm marketing CFO services. Executive Employment Termination/ Non-Compete: Various employment termination and non- compete/ non-solicit disputes, involving investment banking firm, insurance brokerage firm, law firm, investigation firm, fin-tech company, theatrical licensing company.

1. Partnerships/ Joint Ventures/ Mergers & Acquisitions. 2. Complex business contracts of every kind. 3. Healthcare Disputes among hospitals and other providers against managed care companies and insurers, including antitrust claims, payment amount disputes and Medicare advantage contract disputes. 4. Trademark, Tradename and other Intellectual Property Disputes. 5. Pharmaceutical and Biologics IP and development contract disputes. 6. Insurance Disputes: Life Insurance, Health Insurance, Property-All Risk, CGL, Environmental/ Pollution, Aviation. 7. Supply/ Distribution Agreement Disputes. 8. Product and Service Liability Disputes. 9. Banks/Financial Services Disputes. 10. Securities Disputes. 11. Professional Liability (Lawyers, Auditors, Consultants). 12. Executive Employment termination, restrictive covenants and discrimination.

Aided by four decades of major-case litigation experience and enjoyment of working with people, my approach combines facilitative, evaluative and transformative techniques to help resolve disputes, digging in deeply to learn the case, treating counsel and the parties with the utmost respect, and searching for solutions based on carefully listening to and probing counsel and the parties. A typical process will include written party submissions, significant pre-mediation day work with each party including meeting privately with each party and counsel via Zoom in advance of the main mediation session, a mediation session with a shorter or longer joint opening session (depending on counsel preference determined at the outset), and mostly separate private caucus sessions, sometimes with collaborative joint sessions on particular issues helpful to settlement. If the case cannot be settled at the main mediation session, significant follow-up effort is made to help bring the parties to a resolution.

Substantial experience conducting both Zoom/Virtual Mediations and In-Person Mediations and Arbitrations. Often uses both in-person and Zoom/Virtual sessions in a single mediation (eg, pre- or post-meetings via Zoom) or arbitration (eg, preliminary hearings via Zoom and main hearing in person, with perhaps one or more witnesses appearing via Zoom). Have conducted full arbitrations via Zoom. Also experienced in WebEx, Google-Meet and Teams. Substantial experience with ESI, as arbitrator, mediator and Special Master. Certified completion of Clearbrief Academy, May 2025.

Duke Law School (JD, Duke Law Journal-1978); Duke University (BA, summa cum laude, phi beta kappa-1975).

Admitted to the Bar: New Jersey (1978), New York (1979), District of Columbia (2005); US District Court: Southern/Eastern District of New York, District of New Jersey, District of Columbia District; US Court of Appeals: Second and Ninth Circuit; US Supreme Court.

Fellow, College of Commercial Arbitrators (2025-Present), Chartered Institute of Arbitrators (2019-Present) and Academy of Court Appointed Neutrals (2024-Present); American Law Institute (1993-Present); Board of Visitors, Duke Law School (2005-Present, Chair 2009-2015); Advisory Board, Bolch Judicial Institute at Duke Law School (Chair, 2025-Present); Editorial Board, Judicature (2019-2023; Chair 2019-20); University of Miami Class Action & Complex Litigation Forum (Advisory Committee, 2018 -Present); Miami International Arbitration Society (2019-Present).

Sample Speaking Engagements: Moderator--ICC/USCIB "Mediating High-Stakes International Disputes" (NYC May 2026); Co-Panelist, Arbitrator Discretion in Crafting Processes (AAA SE Regional Roundtable April 2026); Handling Evidence in Arbitrations (ARIAS NYC Nov. 2025);Panel Moderator & Speaker, "Arbitrator Disclosures: Too Restrictive, Too Lax? Just Right?," (ARIAS May 2023 Conference) "Admit It: You Want to Discuss Evidence in Arbitration" (ARIAS Puerto Rico May 2022). Sample Publications: Mediating the Billion Dollar Case," New York Law Journal (September 30, 2025); "Is there an Arbitrator Role in Addressing Settlement with the Parties," ARIAS-US Quarterly (Q3 2025); "Testing Your Arbitration Dispute in a Mock Arbitration," New York Law Journal (March 15, 2024); "How to Avoid and Break Mediation Impasse," New York Law Journal (Oct. 24, 2023); "Arbitrator Selection Is a Key Component of the Arbitration Process," New York Law Journal (Aug. 16, 2023); "A Bridge Too Far? An Expert Panel Examines the Promise and Peril of Third-Party Litigation Financing," 103-3 Judicature 48 ( Fall 2019); P. Halprin, D. Ichel and P. Rosen, "Introducing the ARIAS-US Panel Rules for Resolution of Insurance and Contract Disputes", Mondaq (October 12, 2019); “Has Shoe Run Its Course: How will recent Supreme Court decisions on personal jurisdiction impact the legacy of International Shoe and the future of complex litigation?”, 103-2 Judicature 64 (Spring 2019); "A New Guard at the Courthouse Door: Corporate Personal Jurisdiction After the Supreme Court's Decision Quartet," 71 Rutgers L.Rev.1 (2018); Comparing Policyholder Arbitrations to Reinsurance Arbitrations, ARIAS-US Quarterly (Q2-2018) (with Carlos A. Romero, Jr.).

Miami, FL; New York City, NY

Hourly Rate: $950.00 Daily Rate: Not provided Study Rate: $950.00/hr Cancellation: $4,000.00/Day Cancellation Period: 14 Days Comment: No travel expenses are billed for mediations in Miami or New York City.

English

United States of America

Miami, Florida