Slide background

I have practiced as a litigator, arbitrator and mediator for over forty years. The following descriptive list arranges my litigation experience by practice area.

Antitrust

Antitrust and trial counsel to manufacturers and suppliers in defense of their national distribution systems in federal court.

Represented German equipment manufacturer in grand jury investigation of the industry for price fixing.

Counsel to plaintiff Saudi Arabian soft drink manufacturer in successful action in federal court in Texas for damages asserting contract and business tort claims.

Successfully defended German machine parts manufacturer against U.S. antitrust claims pursued by U.S. Department of Justice in a grand jury proceeding.

Banking and Financial Services

Arbitrator in several arbitrations involving collateralized mortgage obligations (“CMOs”). 

Bankruptcy, Liquidation, Work-Out and Restructuring

Supervised and counseled liquidation of a U.S. food manufacturer, including overseeing asset sales, winding down of operations, attention to relevant federal and state regulatory matters, termination of employees, spinning off certain operations and assets, etc.

Supervised and counseled shareholders and boards in connection with the recapitalization and reorganization of a Canadian corporation, in partnership with Canadian counsel. 

Breach of Fiduciary Duty

ICDR arbitration between an investor and an offshore fund involving allegations of wrongful termination of securities pledge agreement and refusal to repay a loan; allegations of breach of contract, fraud and negligent misrepresentation.

Construction

Arbitrator in an ICC arbitration involving claims under warranty approaching $10 million for construction and installation of a power turbine in Latin America.

Contract Disputes

AAA arbitration involving a dispute between a trustee in bankruptcy and a registered broker-dealer with allegations of breach of contract and breach of master repurchase agreement and repurchase agreements, wrongful and improper liquidation, and breach of covenants of good faith and fair dealing in the master repurchase agreement and repurchase agreements.

ICDR arbitration involving allegations of breach of contract for sale and purchase of commodities.

Distribution, Franchise and Supply Contracts

Advocate for U.S. computer firm in ICC arbitration with its terminated European distributor; obtained favorable award.

  • Represented major Korean tire manufacturer in defense of claims by U.S. distributor; favorable settlement.

Conceived, structured and implemented a national distribution scheme for sporting goods manufacturers, and successfully defended challenges to the distributions regimes, such challenges being based on antitrust and unfair competition claims, in federal courts in California, Illinois and Michigan.

Employment and Partnership Disputes

Successfully defended French natural resources company against federal class action litigation involving Title VII sex discrimination charges.

Energy Disputes

Mediated dispute involving allegations of violations of provisions of a preferred supplier agreement for the supply of energy.

Dispute concerning terms of a contract for the purchase and delivery of various energy-related goods.

ICDR arbitration involving a dispute for the sale and delivery of several shipments of sub-bituminous coal.

International Trade

Successful representation of U.S. packaging manufacturer in §337 proceeding before the U.S. International Trade Commission; obtained order enjoining domestic sales by foreign competitor for ten years, based on a misappropriation of trade secrets claim.

Representation of major Korean importer in successfully defending domestic antidumping and countervailing duty claims.
Representation of Bolivian firm in dispute with distributor in ICC arbitration; favorable award.

Investment fraud

AAA arbitration encompassing charges of fraud, negligent misrepresentation and violation of state securities laws in connection with 8-figure investment by a fund in a partnership.

Litigation

Lead trial counsel in cases in federal courts in New York, New Hampshire, New Jersey, Connecticut, Massachusetts, Washington, DC, Texas, California, Florida, Indiana and Illinois: antitrust, unfair competition, trade secrets, trademark infringement, business torts, contracts, intellectual property, patents, securities, employment discrimination.

Obtained dismissal for high net worth individual client in civil action alleging 10(b)5 violations.

Successfully represented U.K. record manufacturer in prosecution of claims against U.S. equipment manufacturer for breach of contract.
 
Senior associate attorney of a multi-firm team of attorneys involving in prosecution of antitrust claims on behalf of seven major motion picture companies against two television broadcast networks.

Mergers, Acquisitions and Joint Ventures

Represented a German pharmaceutical firm in a successful hostile cash tender offer for a public U.S. pharmaceutical firm; settlement on favorable terms of action in federal court in Indiana.

Antitrust counsel to a U.S. pharmaceutical firm in successful representation before the Federal Trade Commission relating to its acquisition of another domestic pharmaceutical firm.

Patent/Licensing/Trademark/IP

Represented U.S. firm in prosecution of contract claims under license agreements with foreign chemical firms.

Successful prosecution and protection of patents and trade secrets for U.S. food products company in U.S. federal court in NH court and before International Trade Commission.

Representation of German manufacturer defending claims of infringement of patent and trade secrets before the International Trade Commission and U.S. courts.

Advocate for Swiss firm in patent litigation in federal court in California; favorable settlement.

Securities Matters

Counsel to clients in various investigations conducted by the Securities & Exchange Commission.

Counsel to clients involved in various securities litigations, including allegations and claims of short selling, misrepresentation and other securities matters. 

Shareholders

Mediated claims for indemnification by purchaser alleging breach of representations and warranties in a stock purchase agreement.

AAA mediation involving claims of breach of representation in a stock purchase agreement incident to the sale by a U.S. privately-held company of a subsidiary to a foreign public company.

Partnerships

AAA arbitration regarding a contract dispute between two limited partners and the general partner in a limited partnership over the meaning of terms in the partnership agreement, namely whether the general partner may make certain distributions.

Slide background

I have served as an arbitrator or mediator in many commercial and investment disputes, including over 60 arbitrations and 115 commercial mediations.

Arbitration

Arbitrated an ICC arbitration involving claims under warranty approaching $10 million for installation of a power turbine.

Arbitrator in several arbitrations involving collateralized mortgage obligations (“CMOs”).

AAA arbitration encompassing charges of fraud, negligent misrepresentation and violation of state securities laws in connection with 8-figure investment by a fund in a partnership.
 
AAA arbitration regarding a contract dispute between two limited partners and the general partner in a limited partnership over the meaning of terms in the partnership agreement, namely whether the general partner may make certain distributions.

AAA arbitration involving a dispute between a trustee in bankruptcy and a registered broker-dealer with allegations of breach of contract and breach of master repurchase agreement and repurchase agreements, wrongful and improper liquidation, and breach of covenants of good faith and fair dealing in the master repurchase agreement and repurchase agreements.

ICDR arbitration involving allegations of breach of contract for sale and purchase of commodities.

ICDR arbitration between a law firm and client involving law firm’s recovery of legal fees.

ICDR arbitration between an investor and an offshore fund involving allegations of wrongful termination of securities pledge agreement and refusal to repay a loan; allegations of breach of contract, fraud and negligent misrepresentation.

ICDR arbitration involving claims of wrongful termination, fraud and other relief in a dispute between a multinational trading company and sub-contractors; counterclaims for fraud and defamation.

ICDR arbitration involving a dispute between an multinational trading firm and a counter-party including allegations of breach of contract, breach of post-termination confidentiality and non-competition restrictive covenants, unfair competition and other relief.

ICDR arbitration between a multinational electronic products firm and another manufacturer arising out of a license agreement.

ICDR arbitration between two companies engaged in the supply of material to the Defense Department, arising out of allegations of breath of a service agreement between the parties.

Mediation

Mediated claims for indemnification by purchaser alleging breach of representations and warranties in a stock purchase agreement.

AAA mediation involving claims of breach of representation in a stock purchase agreement incident to the sale by a U.S. privately-held company of a subsidiary to a foreign public company.

AAA mediation involving a dispute related to the sale of a business, and valuation issues.

ICDR mediation involving a dispute alleging breach of a membership interest purchase agreement a service agreement, and other claims.

Admissions

New York (1971) 

State Bar of Texas (1965)

U.S.  Supreme Court 

Court of Appeals for the 2nd Circuit

Court of Appeals for the Federal Circuit

Various U.S. District Courts