Representative Experience

Defects of High Pressure Oil and Gas Pipeline

Chair of panel regarding alleged defects of high pressure oil and gas pipeline which raised technical engineering issues over pipe manufacture and damages models calling for full field replacement.

Breach of Indemnity Clause

Chair of panel over breach of an indemnity clause contained in an asset contribution agreement for, inter alia, reduced "earn-out" payments attributable to attorneys' fees in collateral lawsuit.

Change of Control | Breach of Transfer Provisions

Chair of panel of dispute whether a change of control or ownership in upstream, international entities triggered accelerated royalties for specific technology under the transfer provisions of an asset purchase agreement.

Patent Infringement | Breach of “Earn Out” Provisions

Chair of panel concerning breach of “earn-out” of IP acquisition agreement which turned on issues of infringement/invalidity of underlying patents, fraudulent inducement and tortious interference.

Securities Fraud | High-Tech Ventures

Panel chairman in multimillion dollar dispute involving 80+ parties, growing out of the sale of a series of interrelated limited partnership interests in high tech ventures which turned on issues of federal and state securities law, breach of fiduciary duty, and complex accounting claims.

Securities Fraud | Fiduciary Duty | Feeder Funds

Panelist on a three-person panel in a case involving fiduciary negligence and fraud in connection with investment management firm’s (“feeder fund”) failure to perform due diligence over hedge fund investments.

Breach of Contract | Leveraged Buy-Out

Member of a three-person panel involving claims between former owners and a management team under a leveraged buy-out and redemption agreement concerning issues of breach of contract, breach of fiduciary duty, officer and director liability and accounting claims.

Complex Accounting Negligence | Public Companies | Chinese Subsidiaries | Whistleblower

Chair of panel involving claims of professional negligence against accounting firm for failure to identify related party and control relationships in a foreign subsidiary of U.S. public company; and failure to provide appropriate accounting advice to resolve issues stemming from whistleblower emails.

Breach of Contract | Multi-Project Real Estate Development | Complex Accounting

Chair of panel involving competing claims of fraud, breach of contract, and complex accounting over 25 real estate projects, each subject to a master development agreement and a Delaware series LLC operating agreement.

Breach of FDA Regulations | Drug Manufacturing

Sole arbitrator in a case involving claims of breach of contract and breach of FDA regulations in the manufacturing of oncology drugs by pharmaceutical firm.

Breach of FDA Regulations | Drug Manufacturing | Public Company

Chair of panel in a case involving claims of breach of FDA regulations in the manufacture of a medical device by a Korean affiliate.

Corporate Squeeze Out | Minority Interest Valuation

Panelist on a three-person panel to determine “fair value” of the dissenting minority interest in a bank holding company, resulting from a “squeeze out” and involving technical issues of appraisal methodology.

Breach of Contract | Fraud | Large Medical Practice

Sole arbitrator of claims involving breach of contract, fiduciary duty, and accounting between physicians under limited partnership agreement.

Physician Contracts | Covenant Not to Compete

Chair of panel to determine breach of covenant not to compete between a physician and a radiology group.

Abusive Tax Shelters | Negligence

Panelist to determine claims of fraud, breach of contract, professional negligence and conspiracy in connection with “abusive” tax shelters.

Health Care/Medicare Reimbursement | Certificate

Sole arbitrator of claims involving breach of indemnity provisions of asset purchase agreement between two hospitals and management company re: claims of misallocation of Long Term Acute Facility (LTAC) and Private Hospital UPL Medicare Program funds and certification issues of LTAC facility.

Health Care | Stark Regulations

Sole arbitrator of claims involving breach of recruiting contract and employment contract between hospital and physician re: alleged violations of Stark II regulations and Anti-Kickback statute.

Health Care | Prompt Pay

Sole arbitrator of claims involving Breach of Network Participation Agreement between physician and HMO re: payor/provider reimbursement.