Arbitrated 500+ cases in the last twenty-five years: recent examples include:
Commercial
Chair of panel involving "double" derivative $10mm claim by limited partner against manager of general partner over misappropriation of partnership opportunity in Mexican tire and wheel assembly business.
Chair of panel over $5mm 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.
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.
Chair of panel concerning breach of “earn-out” provisions in dispute of IP acquisition agreement which turned on issues of infringement and invalidity of underlying medical devise patents, fraudulent inducement, and tortious interference.
Panelist involving real estate developer in dispute with competing developer and lender over allegations of antitrust, tortious interference, and federal bank tying act violations.
Panelist in dispute between defrauded investors, in complex schemes, and professional liability carrier involving novel coverage issues in the enforcement of an existing arbitration award.
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 laws, breach of fiduciary duty, and complex accounting claims.
Panelist 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.
Member of involving claims between former owners and 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.
Chair of panel involving $500mm claim of professional negligence against accounting firm for failure to identify related party and control relationships in Chinese subsidiary of US public company and failure to provide appropriate accounting advice to resolve issues stemming from whistleblower emails.
Chair of panel involving competing claims of fraud, breach of contract, and complex accounting over twenty-five real estate projects, each subject to a master development agreement and a Delaware series LLC operating agreement.
Panelist in case to determine “fair value” of dissenting minority interest in bank holding company resulting from “squeeze out” and involving technical issues of appraisal methodology.
Panelist to determine claims of fraud, breach of contract, professional negligence and conspiracy in connection with “abusive” tax shelters.
Energy
Chair of panel in a $135mm dispute between one of the four major oil companies against a multinational pipe manufacturer regarding alleged defects of high pressure oil and gas pipeline; this raised technical engineering issues over pipe manufacture and damages models calling for full field replacement which turned on field reservoir characteristics, such as pressure, temperature, mixture composition, decline curves, as these factors impacted on the suitability of the pipe.
Sole arbitrator between investors in energy investments over the accuracy of a variety of representations made in placement memoranda–for example, lease and drilling costs, field characteristics, and marketing opportunities.
Sole arbitrator in numerous cases concerning the interpretation of instruments such as deeds, leases, royalty (v. mineral) provisions, conveyances, operating and production agreements.
Employment
Chair, panelist, and sole arbitrator in numerous cases involving the duration and geographic scope of non-compete clauses in employment agreements between physicians, practice groups, and hospitals.
Sole arbitrator in claims involving breach of contract, fiduciary duty, and accounting between physicians under limited partnership agreement.
Health Care
Sole arbitrator in dispute between hospital and managed care organization ("MCO") for failure to pay rural hospital Medicaid reimbursement, outpatient service fees, high volume reimbursement, and Uniform Hospital Rate Increase Program ("UHRIP") adjustment.
Panelist in dispute involving pretextual termination of provider agreement between retail pharmacy organization and its Pharmacy Benefits Manager ("PBM").
Sole arbitrator in a case involving claims of breach of contract and FDA regulations in the manufacturing of oncology drugs by pharmaceutical firm.
Chair of panel involving breach of FDA regulations in the manufacture of a medical device by a Korean affiliate of public company.
Sole arbitrator 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.
Sole arbitrator involving breach of recruiting contract and employment contract between hospital and physician re: alleged violations of Stark II regulations and Anti-Kickback statute.
Sole arbitrator involving Breach of Network Participation Agreement between physician and HMO re: payor/provider reimbursement.
Sole arbitrator in claims involving breach of contract, fiduciary duty, and accounting between physicians under limited partnership agreement.
