Alternative Dispute Resolution

Alternative Dispute Resolution

Matters

Representative Matters

  • Served as mediator in a multimillion-dollar dispute between a general contractor and subcontractor in the construction of the Dulles Greenway in Leesburg, VA.
  • With the approval of the Third Circuit Court of Appeals, served as mediator for the U.S. Bankruptcy Court for the District of Delaware presiding over the Chapter 11 case filed by bank holding company Washington Mutual, Inc. following the largest bank failure in history.
  • Serving as arbitrator and panel chair in two arbitrations arising out of a $30 million dispute over construction, under EPC agreements, of two process plants in southeast states.
  • Served as mediator in a $38 million construction dispute between contactor and local municipality. The matter was resolved.
  • Served as mediator between a Virginia municipality, a construction contractor and the design professional in connection with the expansion of a landfill. Successfully resolved the delay, defective specifications, changes claims and back charges and avoided a jury trial.
  • Served as mediator in an adversary proceeding for trade secret and trademark infringement with damages estimated at $500 million. The matter was settled during discovery phase.
  • Served as mediator in a Chapter 11 plan for debtors operating apartment complexes in five states in the Southeast and Southwest. Secured creditors with a $475 million claim objected to the debtor’s plan. The mediation led to confirmation of the plan without opposition.
  • Served as mediator in settling a contested $1.4 million fee application.
  • Served as mediator in settling an objection to a $13 million claim by members of a certified class of secured mortgage borrowers for alleged violations of Missouri’s Second Mortgage Act.
  • Served as mediator in the plan negotiations between debtors with commercial properties in several states and a $160 million secured creditor.
  • Served as mediator in a $3 million fraudulent conveyance action against a debtor’s former executives that settled.
  • Served as mediator a $3.5 million fire and theft property damage insurance claim and a $1.4 million preference adversary proceeding.
  • Served as party-appointed arbitrator in an International Chamber of Commerce arbitration arising out of a $45 million dispute involving the construction of an electric generating plant in Massachusetts under an EPC contract.
  • Served as Special Master to the Delaware District Court and the Delaware Superior Court – Complex Litigation Division handling such cases as:

    • Micron Technologies, Inc. v. Rambus, Inc., a patent infringement case involving microprocessor technology.
    • St. Clair Intellectual Property Consultants, Inc. v. Canon, Inc. et al., a patent infringement case alleging infringement of four patents related to digital camera technology.
    • Commissariat a L'Energie Atomique v. Samsung Electronics Co., Ltd. et al., a patent infringement case involving the design and manufacture of liquid crystal displays (LCDs).
    • Kyphon Inc. v. Disc-O-Tech Medical Technologies, Ltd. et al., a patent infringement case involving spinal surgery devices.
    • LG Philips LCD Company Ltd. v. Tatung Company et al., a patent infringement case involving flat panel display technology.
    • Honeywell International Inc. and Honeywell Intellectual Properties, Inc. v. Audiovox Communications Corp. et al., a patent infringement case involving LCD apparatus that claimed to provide enhanced brightness and clarity.
    • Advanced Micro Devices v. Intel Corporation, an antitrust case alleging monopoly by Intel in the microprocessors market.
    • Phil Paul v. Intel Corporation, a consumer class action antitrust case.
    • In Re Intel Corporation Microprocessor Antitrust Litigation
  • Served as Deputy Special Master in Petties v. District of Columbia, No. 95-0148 (PLF) (D.D.C.). In this capacity, one of our lawyers tried more than 15 individual cases concerning contracts made by the District of Columbia Public Schools to place special education students with private providers. Disputes under those contracts raised numerous issues, including the interpretation of the Individuals with Disabilities Education Act and of the obligations a school system has to care for students it is not equipped to serve directly.
  • Served as sole arbitrator in multimillion-dollar marital estate matter.
  • Served as judge pro tem on more than 600 cases in the Philadelphia Court of Common Pleas, settling more than 80 percent.
  • Served as hearing officer to the Delaware Department of Insurance.
  • Served as settlement master in the Philadelphia Court of Common Pleas.
  • Served as settlement master at the request of a former president judge of the Montgomery County Court of Common Pleas and achieved settlement in 88 percent of assigned cases.