Alternative Dispute Resolution Experience
Experience in dispute resolution in a wide variety of contexts including business and commercial, contracts, real estate, construction, employment, insurance coverage, intellectual property, and estates and trusts.
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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 dministration. 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.
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REPRESENTATIVE MEDIATIONS AND ARBITRATIONS
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Breach of non-compete agreement and failure to transfer intellectual property.
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Dispute between two development companies regarding a commercial and residential real estate development.
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Failure of a landlord to approve a commercial tenant’s plan for tenant improvements.
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Claim by an Indian tribe for damages for failure to perform a settlement agreement.
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Dispute between a family and a developer regarding an easement and the right to use developable property.
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Multi-million dollar claim by a development company for damages against a municipality for failure to approve development permits.
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Dispute between a municipal bond broker and a brokerage company regarding a non-competition provision.
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Claim for damages and for trademark infringement.
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Intra-family dispute regarding ownership and contributions to expenses for a personal residence.
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Dispute regarding parking charges set by agreement between a tenant and a parking company.
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Claim for breach of software license involving several million dollars.
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Claim by investors for losses in their investment accounts over a period of years due to unsuitability of investments recommended by broker.
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Claim for damages for breach of a commercial lease involving unpaid rent and damages.
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Claim for attorneys’ fees under Washington Securities Act.
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Claim for breach of agreement regarding a soccer program.
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Claim for negligent investment management.
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Claims for over $1 million arising out of alleged breach of warranties on sale of business.
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Claims for wrongful termination and withholding of wages of over $1 million.
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Claims regarding breach of contract for development of affordable housing.
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Claims for contributions to benefit trust under collective bargaining agreement.
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Claims for damages for negligent reporting of credit information.
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Claims for trademark and copyright infringement
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Claims for over $500,000 arising from site preparation and grading contract.
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Action regarding recovery of costs of resurfacing access easement road.
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Claims for damages for sale of property without disclosing zoning violations.
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Claims for vested benefits under ERISA by former law firm shareholder.
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Claims for damages to restaurant business caused by competitor infringing on concept.
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