david Singer

David has served for more than 30 years as an arbitrator and mediator, primarily focusing on commercial, business tranactions, employment and international matters.

Experience

I have handled hundreds of arbitrations as tribunal chair, wing and sole arbitrator: International: Arbitrated breach of series of contracts, fraud and related claims between large German manufacturer and U.S. distributor of plastic storage pallets; arbitrated breach of agreement between Russian manufacturer and U.S. distributor of alcoholic beverages; arbitrated breach of contract and wrongful termination of Brazilian-Central American distributor by large U.S. telecommunications company; arbitrated dispute between major international bank and its primary software provider. Partnership: Arbitrated numerous disputes among partners, joint venture parties, LLC members and managers, investors and co-owners regarding real estate developers, hedge funds, private equity, investment banking and other financial institutions, medical practices, family owned businesses, self-storage companies, pharmaceutical company, accounting firms and law firms. Commercial/Business Transactions: Arbitrated claims arising out of mergers and acquisitions of businesses, including accounting firm, restaurant business, document storage company, car wash company, involving valuations, fraud, breach of representations and warranties, determination of post-closing adjusted purchase prices, and other issues; arbitrated allocation of liability for losses among purchaser and seller of seed company. Employment: Arbitrated numerous breach of executive employment agreements, consulting agreements and independent contractor agreements involving hedge funds, private equity funds, banks and other large financial institutions, hospitality companies, medical practices and other businesses; arbitrated claims brought against prominent university by professor alleging breach of contract and gender and religious discrimination; arbitrated claims of discrimination, retaliation, wrongful termination and FLSA. Technology: Arbitrated contract dispute arising from sale of manufacturer of sensors that are used in tools that create semi-conductors; arbitrated contract dispute between major electronics manufacturer and computer software vendor; arbitrated dispute between major international bank and its primary software provider. Real Estate & Construction: Arbitrated disputes arising out of multi-billion dollar initial public offering REIT transaction, including claims of fraud, breach of contract and defamation; arbitrated complex purchase and sale (“mixing bowl”) of multi-use property subject to mandatory affordable housing. Restrictive Covenants: Arbitrated numerous cases involving claims brought by employers with against former executives and other employees for breach of non-compete, non-solicitation, confidentiality and other post-employment covenants, seeking damages including forfeiture of stock options, deferred compensation, severance and disgorgement of compensation. Telecommunications: Arbitrated claims of breach of contract, wrongful termination and national origin discrimination brought by large U.S. dealership against large telecommunications company; arbitrated breach of contract and wrongful termination claims brought by large Brazilian-Central American distributor against major U.S. telecommunications company. Healthcare and Pharmaceutical: Arbitrated large breach of contract claims between major insurance company and pharmaceutical dealer and distributor; arbitrated issues arising from break-up of healthcare and medical practices Professional Liability: Arbitrated malpractice and breach of contract claims against law firms.

Work History

Partner, Dorsey & Whitney LLP, 1990-2018; Associate, Dorsey & Whitney LLP, 1988-1989; Associate, Delson & Gordon, 1980-87. For 37 years, I practiced law as a civil trial attorney, and trusted advisor to large and small businesses and individuals, specializing in business, employment and international matters before federal and state courts, government agencies, arbitration tribunals and mediation forums. Representative matters that I handled include: International: Lead arbitration counsel in Stockholm Chamber of Commerce arbitration for Brazilian client against Chinese entity involving claims of failure to produce high-tech sensors conforming to specifications, and counterclaims for theft of computer software and related technology (following evidentiary hearing in London, favorable award on claims and counterclaims); ICC arbitration for British pension fund concerning claims of multi-million dollar breach of stock purchase agreement involving sale of hotel and office complex (favorably settled); AAA arbitration for professional Dutch photographer against talent management company concerning contract termination and penalties (favorably settled). Lead trial counsel for owner of Argentinian jet aircraft distributor brought by prior owner alleging interference with contract and related claims (following three-week trial in New Jersey Court, decision in favor of client). Commercial/Business Transactions: Lead trial counsel for major solarium manufacturer and distributor involving claims of breach of contract and unfair trade practices in Massachusetts federal court (jury verdict for client and award of counterclaims); major tax services provider involving claims of fraud and breach of contract in New Jersey Court (jury verdict for client); liquidator of financial assets in Hong Kong in involving breach of ISDA Master Agreement in New York federal court (favorably settled); investment consultant involving breach of commodities contract, fiduciary duty, securities and commodities-related claims (partial summary judgment granted and affirmed on appeal, successful trial of remaining claims). Employment: Lead arbitration counsel in dispute between executive employee and former employer involving claims for non-payment of salary, severance and expense reimbursement; Lead counsel in action involving claims for unpaid sales commissions and other compensation (favorably settled); Lead trial counsel in employment discrimination/whistleblower action in Michigan federal court asserting retaliation and unlawful termination (summary judgment in favor of client); age discrimination proceeding (following trial before NYS Division of Human Rights, decision in favor of client); employment discrimination cases involving age, race, national origin, gender, disability, sexual harassment, sexual orientation. Restrictive Covenants: Lead trial counsel in action involving claims of breach of restrictive covenants, confidentiality agreements and fiduciary duty, tortious interference with contracts (summary judgment in favor of client; affirmed on appeal). Real Estate & Construction: Lead arbitration counsel in AAA arbitration for United Nations Mission with general contractor, sub-contractor and architect in construction dispute (after 22 day evidentiary hearing, settled for nominal amount); ICC arbitration for British pension fund concerning claims of multi-million dollar breach of stock purchase agreement involving sale of hotel and office complex (favorably settled); AAA arbitration for partners in dispute among real estate owners/developers involving valuation of real property, constructive trust and fraud claims (following evidentiary hearing, award in favor of client); AAA arbitration among partners in real estate partnership involving valuation and buy-out of third partner (following evidentiary hearing, award in favor of client); partnership dissolution action (following property valuation trial, decision in favor of clients); major commercial lease dispute (following bench trial, decision in favor of client).

Cases

Have arbitrated hundreds of business, employment and international disputes: • Breach of contract between large telecommunications company and dealer ($20 million). • Breach of series of international agreements, fraud and related claims between European manufacture and U.S. distributor of plastic pallets ($40 million). • Breach of executive employment agreements, consulting agreements and independent contractor agreements involving hedge funds, private equity funds, financial institutions, hospitality companies, medical practices and other businesses ($500,000 to large multi-million). • Various disputes among partners, LLC members and managers, investors in and co-owners of real estate developers, hedge funds, private equity, investment banking and other financial institutions, family businesses, self-storage companies, pharmaceutical company, (multimillion). • Breach of contracts between insurance company and pharmaceutical business ($90 million). • Breach of agreements relating to mergers and acquisitions (multi-million); • Legal malpractice claims. • Breach of purchase and sale agreements concerning sale of manufacturer of sensors for tools used in manufacture of semi-conductors ($9 million), accounting firm, restaurant business, document storage company, car wash company, and others ($500,000 to multi- million). • Breach of agreement between importer and distributor of alcoholic beverages ($2 million). • Contract dispute between major electronics manufacturer and computer software vendor ($2 million); determination of allocation of liability for losses among purchaser and seller of seed company (multi-million). Has served as arbitrator for businesses in mock arbitrations.

Training

ACE20 - Cyber Security: A Shared Responsibility, 2020; AAA/ICDR/AAA Mediation.org Panel Conference, 2019; College of Commercial Arbitrators Annual Meeting, 2009-present; NYSBA Dispute Resolution Section Annual Meeting, 2010-present; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; Judith S. Kaye Arbitration Competition, 2017; CCA 17th Annual Meeting, 2017; AAA-ICDR Council and Columbia Law School Conference: The Future of Arbitration, 2017; AAA Exploring Critical Issues in Arbitration, 2016; AAA/ICDR/Mediation.org Panel Conference, 2016; AAA, Commerce and Dispute Resolution: Goals for Justice and Trade 2015; AAA/ICDR Neutrals Conference, 2012; College of Commercial Arbitrators Annual Meetings, 2014, 2012, 2011, 2010; AAA Advanced Mediator Training, 2009; ICDR Joint Colloquium on International Arbitration, 2008; AAA Neutrals Conference, 2006, 2003; AAA Arbitrator Ethics & Disclosure ACE03, 2006; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics ACE05, 2006; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards ACE01, 2003; Annual Arbitrator Update 2003, 2002; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002; AAA Arbitrator I Training: Fundamentals of the Arbitration Process, 2001; Association of the Bar of the City of New York, Mediation Training, 1998; New York City Bar Association, Advanced Mediation Training; U.S. District Court, Southern District of New York, Mediation Training.

License(s)

Admitted to the Bar: New York (1981); New Jersey (1982); U.S. District Court: Southern (1982), Eastern (1982), Northern (2013) and Western (2016) Districts of New York; District of New Jersey (1982); Eastern District of Michigan (2004); U.S. Court of Appeals, Second Circuit (1989).

Education

University of Pennsylvania (BA, magna cum laude-1976) New York University School of Law (JD, Moot Court Advocacy Award, Moot Court Board-1980)

Publications

Publications: Editor and Co-Author, Treatise, Arbitrating Commercial Disputes in the United States, 2d Edition (Practicing Law Institute 2020); Editor and Co-Author, Treatise, Arbitrating Commercial Disputes in the United States (Practicing Law Institute 2018); Contributing Author, Treatise, ADR in Employment Law (BNA Bloomberg 2015, 2017); “Conducting the Evidentiary Hearing Remotely” New York Dispute Resolution Lawyer, A Publication of the Dispute Resolution Section of the New York State Bar Association, 2020 “Arbitration Privacy and Confidentiality in the Age of (Coronavirus) Technology” Alternatives to the High Cost of Litigation, The Newsletter of the International Institute for Conflict Prevention and Resolution, 2020 “Arbitration in New Jersey: Is It Always Confidential” The New Jersey Lawyer, 2020 “Arbitration in New Jersey: Is It Always Confidential” New Jersey Law Journal, 2020 “Making it Final: The Elements of a Tribunal’s Award” Alternatives to the High Cost of Litigation, The Newsletter of the International Institute for Conflict Prevention and Resolution, 2019 “Sorting it Out: Partial, Final, Interim and Consent Awards” Alternatives to the High Cost of Litigation, The Newsletter of the International Institute for Conflict Prevention and Resolution, 2019 “Arbitration in New York: Is It Always Confidential” New York Law Journal, 2019. “First in the Nation Right to Counsel Law for Low-Income Tenants in NYC” New York Law Journal, 2017. “NYC Human Rights Law Prohibits Inquiries About Past Pay” New York Law Journal, 2017. “New Legal Rights for Freelancers” New York Law Journal, 2017. “Task Force Develops Mediation Program Proposal” New York Law Journal, 2016. “Rescission of Settlement Agreements: Rare but Possible” New York Law Journal, 2015. “Exploring Duty of Good Faith in Mediation Proceedings” New York Law Journal, 2011. “Arbitrator Impartiality and the Duty to Disclose” New York Law Journal, 2011. “The Duty of Good Faith in Mediation Proceedings” New York Law Journal, 2010. “Protected Activity under Title VII Retaliation Claims” New York Law Journal, 2004.

Awards

•New York Super Lawyer, 2012 - present (Including Alternate Dispute Resolution) •Best Lawyers in New York, 2010 - present (including Arbitration) •AV Preeminent® peer rating by Martindale-Hubbell® -- 25+ years

Panels

Panel of Arbitrators of American Arbitration Association (Commercial, Large Complex Commercial, Employment, Mergers & Acquisitions) Panel of Mediators of American Arbitration Association Panel of International Center for Dispute Resolution Distinguished Neutral, International Institute for Conflict Prevention and Resolution (Franchise and Employment) U.S. District Courts for the Southern and Eastern Districts of New York (Court Appointed Mediator) Commercial Division of New York State Supreme Court (Court Appointed Mediator) New York City Civil Court (Court Appointed Arbitrator)

Associations

Fellow, Chartered Institute of Arbitrators Fellow, College of Commercial Arbitrators Certified Mediator, International Mediation Institute (IMI) Charter Member, National Academy of Distinguished Neutrals (NADN) Fellow, American Bar Foundation (2017 -present) Fellow, New York Bar Foundation (2017-present) Board Member, New York Bar Foundation (2019-present) Board Member, New York International Arbitration Center (2018-2019) Chair, New York State Bar Association Dispute Resolution Section (DRS) (1,500-2,000 members)(2015-16); Chair-Elect (2014-15); Vice Chair (2013-14) Co-Chair, Mediation Committee of DRS of New York State Bar Association (2011-14) Co-Chair, Ethics Committee of DRS of New York State Bar Association (2020-present) Member, Executive Committee of DRS of New York State Bar Association (2011-present) Member, House of Delegates of New York State Bar Association (2016-2020) Member, Dispute Resolution, International and Labor and Employment Sections of New York State Bar Association

Miscellaneous

Professional Activities: Board Chair/Member (2000-2016), Project Enterprise, a microfinance, job creation, anti-poverty non-profit organization, providing micro-lending, business training, networking opportunities, access to markets and pro bono legal services Board Member Legal Services Corporation of New York City (2016 - 2018) Speaking Engagements: - ESI in Arbitration (NYSBA Arbitration Training, 2020) - Arbitration Ethics (Fordham School of Law, 2020) - Cutting Edge Issues in Arbitration (New York Law School, 2019, 2020) - Conducting a Virtual Evidentiary Hearing in Arbitration (NYSBA 2020) - Arbitration Ethics (PLI 2020) - Privacy and Confidentiality in Arbitration (PLI 2020) - Top 10 Tips for Arbitrating Commercial Disputes (PLI 2019) - Annual Arbitration Symposium (Fordham School of Law 2019) - Setting the Stage for a Successful Arbitration (ABA Dispute Resolution Section Annual Arbitration Training Institute 2019) - What do In-House Counsel Really Want from Mediators (ABA Dispute Resolution Section Annual Meeting 2019) - Cutting Edge Issues in Employment Arbitration (Dorsey & Whitney Annual Employment Law Symposium 2019) - Comparisons of Commercial and Employment Law (College of Commercial Arbitrators 2018) - The Arbitration Hearing, Best Practices (American Bar Association 2016) - Best Practices in Arbitration and Mediation (Hudson Valley Council of Industry/New York Chamber of Commerce 2015) - Arbitration: The Preliminary Hearing (American Arbitration Association Webinar 2014) - Arbitration Award Writing (New York State Bar Association Arbitration Training, 2011, 2012, 2014, 2015, 2017, 2018, 2019) - Arbitration of Employment Disputes (New York State Bar Association, 2011) - Preparing for Mediation (New York State Bar Association, 2009) - Employment Mediation (New York County Bar Association, 2010, 2003, 2001).