abigail pessen

My litigation background has attuned me to the value of a fair, efficient, decisive, prepared, and practical arbitrator, which I strive to be.

Experience

I have served as panel chair, panel member, and solo arbitrator in numerous arbitrations and conducted numerous mediations involving complex business and employment disputes.

Work History

After a judicial clerkship, I was a commercial litigator in NYC for more than 20 years at the firm of Scoppetta & Seiff (later called Seiff & Kretz), where I counseled clients and handled complex business problems.

Cases

Panel Chair, Panelist, or Sole Arbitrator for disputes involving allegations of: breach of contract, breach of Shareholder\"s Agreement/fiduciary duty in internet start-up; wrongful termination of license in fashion accessories industry; breach of law partnership agreement; improper distributions to restaurant investors; wrongful withholding of finder\"s fee; excessive attorney\"s fees; breach of fiduciary duty and requested dissolution of professional corporation owned by two physicians; breach of LLC agreement warranting buy-out of shares in information technology company; breach of settlement agreement between no-fault insurance carrier and health care providers; breach of broker agreement between homeowners insurance carrier and insurance broker; breach of duty relating to oral surgeons\" professional corporation; breach of restaurant management contract; disputed election of officers of nonprofit corporation; payments due pursuant to sale of a major furniture company; partnership dispute in hedge fund; breach of a taxi medallion licensing agreement; real estate partnership dispute; multimillion-dollar family partnership dispute in jewelry industry; investment bank fee dispute; breach of licensing agreement in garment industry; misallocation of revenue following acquisition of company in garment industry; major franchise dispute; dispute between co-owners of close corporation; breach of contract in satellite television industry; breach of exclusive licensing agreement in lumber industry; mismanagement, fraud, and negligence relating to customers\" brokerage accounts; wrongful disclaimer of coverage under multi-million dollar insurance policies; personal injuries suffered by a seaman; claims of breach of restrictive covenant and severance agreement in market research industry; breach of Change In Control agreements in mortgage banking industry; executive compensation disputes in real estate industry, in financial services industry and in health care industry; wrongful termination claim by law firm partner; alleged whistleblowing violations and breach of contract claims by physician terminated by employer hospital; breach of promise to pay bonus and alleged gender discrimination in financial services industry; wrongful calculation of commissions; breach of non-compete and non-solicitation provisions of contract in apparel industry; wrongful denial of bonus and noncash compensation by real estate hedge fund manager; wrongful termination claim by physician against practice group; breach of non-solicitation agreement in modeling industry; breach of contract to develop software; fraudulent inducement of an employee\"s severance; breach of non-compete agreement in financial services industry; multi-million dollar dispute between terminated employee and financial services firm regarding wrongful termination, unpaid bonus, and U-5; disputes involving customer allegations of mishandled accounts by brokerage firms; misclassification/independent contractor, FLSA violations in media industry; failure to pay minimum wage to fast food delivery driver and under-reimbursement of vehicle expenses; alleged FDIC regulations; alleged FLSA violations in adult nightclub; executive compensation/bonus compensation/New York Labor Law in hospitality industry; allocation of Pragma fees at brokerage firm; pregnancy discrimination; age discrimination; ADA; disability discrimination; breach of resignation notice provision of physicians\" LLC agreement; misappropriation of trade secrets and clients by partner departing from a major accounting firm; wrongful termination of a partner at a major law firm; employment (age) discrimination and constructive discharge of a manager at a major brokerage firm; discrimination against Black employee at financial services firm; wrongful termination of a brokerage firm manager in violation of the NY Executive Law.

Training

I have had extensive training in mediation and arbitration.

License(s)

J.D.

Education

B.A. Barnard College 1969. J.D. University of Chicago 1972.

Publications

Author of chapter, Developments in ADR Law, ABA publication, 2001, 2002, 2003, 2004. Numerous articles on ADR topics, including ’The Bespoke Clause: Tailoring FRCP 68 to Arbitration for a Better Fit.’ Posted on my website, www.pessenADR.com.

Awards

I am honored to have been included in Who\"s Who Legal in the field of mediation for 2023, chosen ’Lawyer of the Year’ for Arbitration in 2019 by New York City Best Lawyers, and ’Lawyer of the Year’ for Mediation in 2015. listed as a ’SuperLawyer’ in the field of Dispute Resolution since 2009, included in New York Magazine’s Best Lawyers since 2005, and consistently achieved U.S. News and World Report’s highest Tier One ranking for both arbitration and mediation. I was elected Chair of the Dispute Resolution Section of the NYS Bar Association for the 2016-2017 term.

Panels

AAA Commercial Panel, Large Complex Case Panel, and Employment Panel; ICDR; NY County Commercial Division; EDNY and SDNY Bankruptcy Mediation Panels.

Associations

NY State Bar Association (past Chair, Dispute Resolution Section); NYC Bar Association.