Dispute Resolution Experience
Experience in dispute resolution in a wide variety of contexts including business and commercial matters, contracts, real estate, construction, employment, insurance coverage, intellectual property, and estates and trusts.
Representative Issues Handled as a Mediator
Primary issues handled include breach of contract, breach of fiduciary duty, contractor claims for payment, owner claims of construction defects or delay, product liability or breach of warranty, insurance coverage relating to professional negligence and director/officer’s liability, real property development, land use disputes, intellectual property issues including copyright infringement, software development disputes regarding contract compliance and cost issues, securities disputes regarding suitability of investments and churning, and property distribution issues in estate administration. Mediated many disputes involving multiple parties and multiple layers of insurance coverage in which the disputes generally arise in the context of construction claims, indemnification for catastrophic losses in product liability cases, and in multi-party quasi class actions involving breach of warranties regarding real and personal property.
As a sub-specialty, represented attorneys and law firms in mediation when attorneys leave firms or law firms break up. These are usually hotly contested matters with significant dollars at stake. Approach is to attempt early mediation and then, if issues remain, to move into confidential binding arbitration.
- Dispute between two development companies regarding a commercial and residential real estate development.
- Dispute between a family and a developer regarding an easement and the right to use developable property.
- Claim by a development company for damages against a municipality for failure to approve development permits.
- Dispute between a municipal bond broker and a brokerage company regarding a non-competition provision.
- Claim for damages and for trademark infringement.
- Intra-family dispute regarding ownership and contributions to expenses for a personal residence.
- Dispute regarding parking charges set by agreement between a tenant and a parking company.
- Claim for breach of software license.
- Claim by investors for losses in their investment accounts over a period of years due to unsuitability of investments recommended by broker.
- Claim for damages for breach of a commercial lease involving unpaid rent and damages.
- Claim for breach of agreement regarding a soccer program.
- Claim for negligent investment management.
- Claims arising out of alleged breach of warranties on sale of business.
- Claims for wrongful termination and withholding of wages.
- Claims regarding breach of contract for development of affordable housing.
- Claims for contributions to benefit trust under collective bargaining agreement.
- Claims for damages for negligent reporting of credit information.
- Claims for trademark and copyright infringement.
- Claims arising from site preparation and grading contract.
- Action regarding recovery of costs of resurfacing access easement road.
- Claims for damages for sale of property without disclosing zoning violations.
- Claims for damages to restaurant business caused by competitor infringing on concept.
- Claims of misrepresentation in the sale of residential property that sustained considerable damage because of abnormal settling of the foundation.
- Claim for damages for loss of view because of construction in breach of a height restriction covenant and subsequent arbitration of issues arising out of the performance of the mediated settlement agreement.
- Dispute between two members of a limited liability company engaged in the business of selling commercial and residential real estate.
- Investors’ claims against a financial consultant for investment losses from unauthorized sales and purchases of securities and excessive trading to generate commissions.
- Claims for damages and injunctive relief for misappropriation of trade secrets in the business of selling computer hardware.
- Claims to recover the value of a house and damages for misrepresentation by a real estate broker that a transaction was a re-finance when in fact it was a sale.
- Claim for breach of a loan commitment and related damages.
- Claim for damages based on loss of priority of a security interest in real property where the obligor filed for bankruptcy.
- Claim for attorneys’ fees in which the client counterclaimed for malpractice.
- Claim for damages for misuse of a road easement and trespass.
- Conflicting claims to intellectual property and funds relating to a non-profit organization for the prevention and treatment of a disease.
- Claim by a financial advisor for breach of a contract for strategic planning and executing a strategic transaction for a hospital district.
- Malpractice claim against attorneys relating to a protracted legal proceeding regarding disclosure of public records and penalties for nondisclosure.
- Dispute regarding failure of an employer to contribute to a contractors’ “retro fund” regarding group premiums for industrial insurance.
- Breach of non-compete agreement and failure to transfer intellectual property.
- Failure of a landlord to approve a commercial tenant’s plan for tenant improvements.
- Claim by an Indian tribe for damages for failure to perform a settlement agreement.
- Claim for attorneys’ fees under Washington Securities Act.
- Claims for vested benefits under ERISA by former law firm shareholder.
- Claims for reimbursement of pre-development design and permitting expenses for a multi-lot residential development.
- Claim for payment regarding chemicals supplied for ethanol production facilities.
- Multi-faceted dispute between two on-line services to match compatible individuals for dating.
- Claim for liquidated damages for breach of a retailer contract for supply of branded gasoline.
- Dispute between owners of condominium spaces in a building regarding the disapproval of a change of use of a portion of the building.
- Claim for breach of contract to pay for substantial remediation of hazardous waste upon the removal of underground petroleum storage tanks.
- Claim for indemnification arising out of alleged breaches of representations and warranties in an asset purchase agreement of a seafood company.
- Consumer claim for conversion of funds by a trading and barter company.
- Claim by a chemical supplier for amounts not paid by a customer.
- Disputes between materials supplier and distributor regarding allocation of territory and pricing.
Representative Issues Handled as an Arbitrator