Experience: Mediation

Accounting
  • Several multi-million dollar malpractice claims against major accounting firm involving tax shelters.
Business
  • Exxon Valdez - $3 billion claim by Exxon against its insurer, Lloyd’s of London, for breach of insurance contract and bad faith for failure to pay claims made as a result of the Valdez oil spill. Total settlement: $780 million.
  • $105 million verdict for breach of contract and breach of fiduciary duty regarding buy-back of minority shareholder interest.
  • Contract disputes between major oil and gas companies involving Crude Oil Buy/Sell Agreements, Joint Operating Agreements, Areas of Mutual Interest, Royalty Payments, Theft of Seismic Data, Gas Processing Agreement, Natural Gas Processing Plants and Natural Gas Pipelines.
  • Three-day mediation of multi-million dollar contract dispute between a Canadian oil and gas producer and CNOCC, Ltd. regarding an Indonesian Liquefied Natural Gas project.
  • Multi-day mediation of claims by hospital against third-party insurer for underpayment of claims.
Class Actions
  • Multiple FLSA claims against employer - collective action and/or class action.
  • Racial discrimination cases against employer.
  • Claims against electricity provider for alleged overcharges.
Construction
  • 100+ homeowners sued 10 defendants for construction defect as a result of the use of EIFES.
  • Multiple construction cases involving claims by and against developers, owners, architects, engineers, general contractors and subcontractors claiming breach of contract, delay damages, cost overruns and/or design defects.
Energy
  • Power Plant contract disputes.
  • Refinery and oil rig construction contract disputes.
  • Disputes involving claims of defective oilfield downhole tools.
  • Contract disputes between major oil and gas companies involving Crude Oil Buy/Sell Agreements, Joint Operating Agreements, Areas of Mutual Interest, Royalty Payments, Theft of Seismic Data, Gas Processing Agreement, Natural Gas Processing Plants and Natural Gas Pipelines.
  • Three-day mediation of multi-million dollar contract dispute between a Canadian oil and gas producer and CNOCC, Ltd. regarding an Indonesian Liquefied Natural Gas project.
  • Property damage, personal injury and death cases resulting from various pipeline explosions.
  • Take or Pay cases.
  • Member of CPR’s National Energy, Oil & Gas Panel of Distinguished Neutrals.
Insurance
  • Exxon Valdez - $3 billion claim by Exxon against its insurer, Lloyd’s of London, for breach of insurance contract and bad faith for failure to pay claims made as a result of the Valdez oil spill. Total settlement: $780 million.
  • Several cases against life insurance companies involving “vanishing premiums.”
  • 500+ cases in which coverage was one of the focus issues.
Intellectual Property
  • $100 million+ settlement of patent infringement and theft of trade secret dispute between two major worldwide IP technology companies.
  • Several patent infringement claims pending in Silicon Valley and in the U.S. District Court for the Eastern District of Texas.
  • Multi-million dollar claim by purchaser of particular computer chip patent against every major world-wide technology company. Mediation took place over several months.
  • 50+ trade secret cases.
  • Multi-million dollar settlement of patent infringement dispute involving oilfield downhole test tools.
Labor and Employment/ FLSA
  • 50+ FLSA cases; collective action, class action and single claim.
  • Long-term disability under ERISA plans.
  • 1500+ cases involving race, religious preference, sex and age discrimination, hostile work environment and/or retaliatory claims in the workplace by terminated employees.
Personal Injury/Mass Tort
  • 2,000+ personal injury cases arising from on-the-job injuries, all types of motor vehicle accidents, defective medical devices, pharmaceuticals and civil assault.
  • Multiple mass tort cases:
    • Transvaginal Mesh
    • SUV Rollover
    • Tire Manufacturer
    • Breast Implants
    • Various Pharmaceuticals
    • Asbestos
    • Silicosis
Pharmaceutical
  • 1,000+ claims against three major drug companies by women claiming their breast implants were defective and caused various diseases.
  • Claims of defective medical devices
  • Hundreds of disputes by Plaintiffs claiming that particular pharmaceuticals made them ill or caused death, including:
    • Aceutane
    • Baycol
    • Fen-Phen
    • Hormone Replacement Therapy
    • Rezulin
    • PPA
    • Vioxx
Refinery Plant Explosions
  • Mediated the majority of injury and death cases resulting from refinery plant explosions at Phillips Petroleum, BP Products of North America, Inc. and other refineries in and around Houston, Texas. Total settlements involved hundreds of millions of dollars.
Securities
  • Securities fraud cases brought by investors against major brokerage companies.
  • Claims by investors against broker/dealer.