My experience as an Arbitrator includes the following matters:
Sole arbitrator in a dispute under a patent licensing and supply agreement for a pharmaceutical product, including claims of non-infringement
Member of a Tribunal in a dispute under patent licensing agreement for a pharmaceutical product relating to a muscle disorder, including issues of invalidity
Sole arbitrator in dispute regarding an agreement to pursue enforcement of patents relating to wireless telecommunications
Sole arbitrator in a dispute arising from a patent litigation funding agreement for a portfolio of patents relating to variable speed playback applications
Sole arbitrator in a dispute regarding a contract to provide a software platform for respondent’s natural gas pipeline business
Chair of a Tribunal in a dispute arising from a distribution agreement providing for the exclusive right to distribute a beverage product in the United States
Member of a Tribunal in a dispute under a contract granting the exclusive right to import, sell, and distribute in the United States an alcohol product imported from Italy, including claims related to a notice of termination and for specific performance
Chair of a Tribunal in a dispute for breach of a Purchase and Sale Agreement involving sale of a company engaged in marketing and communication services
Chair of a Tribunal in a dispute between a market research firm and its customer relating to a contract to provide market research and business intelligence analytics for the food and beverage industry, including claims for misuse of trade secrets and breach of non-disclosure obligations
Chair of a Tribunal in dispute between a seller of goods and an internet services company that provides a platform for the sale, marketing, and delivery of goods, involving allegations of money laundering
Chair of a Tribunal in a dispute relating to a contract to provide an organic food product imported from China
Chair of a Tribunal in a dispute between manufacture and distributor relating to an agreement granting the distributor the exclusive right to sell certain trademarked handbags, leather goods, and shoes in several countries in the Middle East
Chair of a Tribunal in a dispute under a license agreement for the exclusive right to manufacture and distribute certain trademarked apparel, footwear, and accessories in North America
Chair of a Tribunal in a dispute between members of an LLC for a company that manufactured and sold trademarked home goods, including claims for breach of contract, breach of fiduciary duty, fraud, and to collect on a Promissory Note
Chair of a Tribunal in a dispute relating to a Swap & Over-the-Counter Derivative Account Agreement and personal guaranty
Sole arbitrator in a dispute with a governmental agency in Ecuador relating to a contract to provide medical discount plans
Sole arbitrator in a dispute for breach of Stock Purchase Agreement for sale of a business
Sole arbitrator in a dispute relating to breach of a loan agreement and personal guaranty
Sole arbitrator in a dispute between members of an LLC relating to amendments to a management services agreement and payment of a $50 million dividend
Sole arbitrator in a dispute between an international law firm and a client in Hong Kong
Sole arbitrator in a dispute between an U.S. Company and a company in India relating to an agreement for debt collection services
Sole arbitrator in a dispute for breach of a non-compete agreement in the business of providing repair and maintenance services for locomotives
Sole arbitrator in a dispute between members of an LLC involving claims for an accounting, breach of contract, breach of fiduciary duty, and unjust enrichment
Sole arbitrator in a dispute between an investment consulting firm and an investment fund relating to a consulting agreement, including claims of breach of a non-disclosure agreement
Sole arbitrator in a dispute relating to an employment agreement and stockholder’s agreement, including claims for wrongful termination
Sole arbitrator in a dispute by the founder of a technology company relating to stock options in connection with a corporate acquisition
My experience as counsel includes the following matters:
General Commercial Litigation
Represented a hedge fund in action asserting claims against the hedge fund for violations of RICO and business torts, as well as participation in a short-selling conspiracy, seeking $6 billion in damages
Represented owner of aircraft leasing company in defending claims for alter ego liability seeking damages of more than $140 million
Represented investors in Cayman Island Limited Partnership in dispute with managing partner involving investment of over $100 million
Represented investors in a pipeline company in Mexico relating to claims arising out of an acquisition agreement
Represented a French company in an action seeking to enforce a letter of intent for a proposed acquisition
Represented Altos Hornos de Mexico, S.A. in actions to enforce loans in the U.S. during pendency of reorganization proceedings in Mexico
Represented GfK US, LLC in an action asserting claims for unfair competition, tortious interference with contract, and theft of trade secrets
Represented a Brazilian bank in action to recognize and enforce foreign judgment
Represented a U.S. textile manufacture in connection with age discrimination claims filed in connection with a corporate restructuring
Represented companies in connection with internal investigations, including claims of breach of fiduciary duty, violations of the securities laws, and accounting irregularities
Represented companies in connection with class action and derivative claims arising out of corporate acquisitions
Represented private equity firms in cases asserting claims arising from the sale of portfolio companies
Represented Debtors in adversary proceedings with creditors asserting a variety of different types of claims during Chapter 11 proceedings
Patent Litigation
Represented U.S. Philips Corp. as the plaintiff in an action alleging infringement of a patent governing high pressure mercury vapor discharge lamps used in power point projectors. Judgment entered after jury trial for $61 million
Represented Unilin Beeher B.V. as the patent owner in actions for patent infringement concerning several patents related to mechanical locking floor panels, including successful proceedings before the International Trade Commission, and litigation in federal courts in Delaware, Florida, Georgia, and Wisconsin
Represented Koninklijke Philips Electronics N.V. in connection with claims and counterclaims arising from several patents relating to automatic external defibrillators
Represented Barr Laboratories in an action challenging the validity of a pharmaceutical patent
Represented Bloomberg LLP in an action alleging infringement of a patent relating to techniques for speeding the transmission of data
Represented Johnson & Johnson Services, Inc. in an action alleging infringement of a patent relating to a security system for use with untrusted computer networks
Insurance
Represented a Fortune 100 insurance company in connection with a coverage disputes with a medical products company concerning coverage for a $250 million settlement of more than 8,000 personal injury claims arising from a medical device used for hemodialysis
Represented a Fortune 100 insurance company in connection with a coverage disputes with a medical products company concerning coverage for settlement of more than 2,000 personal injury claims relating to metal hip implants
Represented a Fortune 100 insurance company in connection with a coverage disputes with an energy company involving claims related to a product used on off-shore drilling rigs
Represented a policy holder in claims against insurance companies relating to coverage for environmental pollution
Represented an insurance broker in claims relating to coverage for a company with respect to a personal injury claim asserted by a customer of a franchisee
Arbitration
Represented Loral Space & Communication, Ltd. in various arbitrations involving disputes under contracts for the construction and operation of communication satellites.
Represented Loral Space & Communications, Ltd. in an arbitration relating to disputes arising out of a joint venture with a French telecommunications company
Counsel to Rosebud Energy Corp., the general partner of Limited Partnership, which owned and operated a coal fired electrical generation plant, in an arbitration involving disputes with limited partners
Counsel to Display Technologies, LLC, as the patent owner in an arbitration involving a dispute under a patent licensing agreement
Represented a U.S. company in a dispute with an insurance company over claims under an E&O policy
Represented a U.S. company in disputes with contract manufactures in the U.S. and Germany relating to electrical components used in the aerospace and defense industries
Represented a U.S. company in the fashion industry in a dispute with a French company concerning claims related to a joint manufacture and distribution agreement for trademarked products
Represented a U.S. hospitality company in an employment dispute with its former general counsel
Represented a U.K company involved in the private aircraft business in disputes with one of its shareholders