Gilda Turitz

Over 30 years’ experience as an arbitrator of complex commercial disputes, in addition to business litigation and mediation practice. For a full description including representative matters handled, see http://www.turitzadr.com.

Experience

Full-time arbitrator and mediator of complex commercial disputes, and previously business trial lawyer with over 30 years’ experience, based in San Francisco, California, with regional and state-wide practice and available to hear cases nationwide. Cases arbitrated run the gamut from the most complex commercial multi-contract and multi-party disputes to two-party breach of contract claims, and business tort, fraud, unfair business practices, and franchise claims. See further information under Cases, below.

Work History

• Turitz Dispute Resolution, September 2017 - present
• Sideman & Bancroft LLP, Partner, 1998 - August 2017
• Graham & James LLP, Partner, 1987-97; Associate, 1980-86
• Extern Law Clerk to the Hon. William H. Orrick, Jr., U.S. District Court, Northern District of California, 1980

Cases

My arbitration experience spans over 30 years, including commercial cases administered under the American Arbitration Association’s Commercial Arbitration Rules and its Rules for Large Complex Commercial Disputes. I have extensive experience in securities claims, including through my appointment as arbitrator in over 300 cases administered through the U.S. District Court, District of Columbia, in connection with the settlement of SEC v. Prudential Securities in 1995-96 involving misrepresentation and suitability claims by investors in the sale of limited partnership interests. Of these, I held evidentiary hearings and entered final awards in approximately 150 such cases. From 1985-93, I served as arbitrator on the Bar Association of San Francisco’s Attorney-Client Fee Dispute panel including determining claims against lawyers for malpractice, breach of fiduciary duty, overbilling and malfeasance.

My arbitrations encompass a broad spectrum of types of cases and industries and have included, among others, disputes involving partners, shareholders of closely held corporations and LLC members; franchises; purchases and sales of businesses; secured and unsecured loans and guaranties; business valuations; real estate property sales; commercial leasing; mortgage lending and securitizations; importation; distributorships; manufacturing contracts; sales commissions; banking loan participations; theft of trade secrets; non-competition clause enforcement and unfair competition claims; and accounting claims. Insurance coverage disputes have concerned CGL, reinsurance, and crop insurance policies. Industries include banking and financial services; securities and investments; professional services; commercial and residential real estate sales, leasing and development; agriculture; oil and gas; alcoholic beverages; hotels; restaurants; automobile, motorcycle and parts businesses; manufacturing; telecommunications; technology; software; and franchises.

Training

Extensive ADR training, including:

• CEDR Advanced International Mediation Training, 2017
• AAA/ICDR/Mediation.org Panel Conference, 2016
• AAA Advanced Training in Health Care Mediation, 2015
• AAA Roundtable - Arbitration Panels, 2015
• AAA eDiscovery 2.0, 2014
• AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2012, 2011
• AAA Muscular Arbitration Series, 2012
• AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2011
• AAA Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, 2011
• AAA Judicial Remands of Challenged Awards: What Happens When the Decision Isn’t Final, 2009
• ABA Surviving and Succeeding in the Mega-Arbitration, 2008
• AAA Arbitrator Ethics & Disclosure (ACE003), 2007
• AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2006
• AAA Dealing With Delay Tactics in Arbitration (ACE004), 2005
• AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2004
• AAA Commercial Arbitrator II Training, 2002
• AAA Arbitrator Update, 2001
• AAA Commercial Arbitrator Training, 1999
• Pepperdine University, Institute for Dispute Resolution, Mediation Training, 1995
• Mediation Offices of Steven Rosenberg, Advanced Mediation Training, 1996
• U.S. District Court (USDC), Northern District of California, Arbitrator, Early Neutral Evaluation, and Mediation Training, including training on Americans with Disabilities Act claims

License(s)

California State Bar - admitted 1980 Admitted to all federal district courts in California and Colorado; Ninth Circuit Court of Appeals; and United States Supreme Court

Education

• University of California, Davis, King Hall School of Law, J.D. (Order of the Coif, Law Review, Wall Street Journal Student Achievement Award)
• University of California, Berkeley, School of Information Management (formerly School of Librarianship), M.L.S.
• University of Michigan, B.A., with distinction

Publications

ADR-related publications:

’Arbitrating The Business Divorce,’ CCA website, 2017

’The Nuts and Bolts of Compelling Arbitration,’ Woman Advocate, 2017

’Mediation “Success:’ Process Matters As Well As Results,’ The Mediation Society website, 2017

’Successfully Arbitrating Your First (or Almost First) Case,’ Woman Advocate, 2014

’Counsel Collaboration Maximizes Results in Mediation,’ Woman Advocate, 2014

’Consolidation Techniques for Efficient Arbitration Hearings,’ Just Resolutions E-News, 2014

’Ensuring Peace in Multiparty Cases,’ California Lawyer, 2014

’Avoiding Malpractice Risks for Litigators,’ Woman Advocate, 2014

’Courts Can Exercise Appointment Power,’ Alternative Dispute Resolution News and Developments, 2013

’Preparing to Win at Arbitration,’ The Recorder, 2013 [reprinted in the 2013 ADR Playbook]

’Managing Discovery in Arbitration,” Woman Advocate, 2013

’Court Intervention When the Parties’ Arbitrator Appointment Process Fails,’ Alternative Dispute Resolution Newsletter, 2013

’Exceeding Powers Vacates Award; Bias Needed for Evident Partiality,’ Alternative Dispute Resolution Newsletter, 2012

’Undoing Arbitration,’ The Recorder, 2012

’When Non-Signatories Compel Arbitration, Relationships Matter,’ Alternative Dispute Resolution Newsletter, 2012

Co-author, ’Using Financial Experts Strategically and Cost Effectively,’ Daily Journal, 2011

Co-author, ’Preventing a Runaway Arbitration with a Well-Drafted Arbitration Clause,’ Alternative Dispute Resolution Newsletter, 2011

For full list see http://www.turitzadr.com.

Awards

• 2023 and 2019 Best Lawyers ’Arbitration Lawyer of the Year,’ San Francisco; Best Lawyers in America, for Arbitration since 2016
• National Academy of Distinguished Neutrals, for Arbitration and Mediation
• Martindale Hubbell AV® Preeminent™ 5.0 out of 5
• Northern California Super Lawyers, Top 50 Women Lawyers, 2018
• Best Lawyers in the Bay Area
• Recipient of “Golden Hammer Award” from ABA Law Practice Management Section for efforts to shatter the glass ceiling

Panels

• American Arbitration Association: Commercial Arbitration Panel (National), Mergers & Acquisitions Arbitration Panel, and Mediation Panel
• International Institute for Conflict Prevention and Resolution (CPR) Panel of Distinguished Neutrals: California ADR Panel and Banking, Accounting and Financial Services Panel
• Consumer Arbitration Program for Motor Vehicles (CAP-Motors)
• U. S. District Court, Northern District of California - Arbitration, Early Neutral Evaluation, and Mediation Panels
• International Trademark Association (INTA) Panel of Trademark Mediators

Associations

• College of Commercial Arbitrators, Fellow
• Chartered Institute, Fellow, FCIArb
• National Academy of Distinguished Neutrals
• CEDR Certified Mediator
• California State Bar ADR Committee (appointed member, 2013-16)
• American Bar Association:
• Co-Chair, Women in Dispute Resolution (WIDR) Committee of Section of Dispute Resolution, 2015-18
• Section of Litigation, ADR Committee, Co-Chair of Programs and WIDR Subcommittees; Woman Advocate Committee
• Past Co-Chair of Woman Rainmakers, Law Practice Management Section
• The Mediation Society, past member of Board of Directors
• Bay Area Women Neutrals, founding member
• Equal Rights Advocates, past member of Board of Directors, Secretary, and Executive Committee Member
• Anti-Defamation League, past Board Member and National Civil Rights Committee Member
• Pilot/LEGIS, past member of Board of Directors and Claims Committee Member (2003-2017)

Miscellaneous

Presentations on arbitration:

Faculty presenting ’The All-Important Preliminary Hearing’ at ABA Annual Arbitration Institute, 2017, 2018, 2021

’Ten Essential Tips to Succeed in ADR: Mediation, Arbitration, & More,’ American Arbitration Association Webinar, May 2017

’The All-Important Preliminary Hearing’ at ABA 9th Annual Arbitration Institute, June 2016

’Ten Essential Tips for Success inADR to Build Your Practice,’ ABA Section of Dispute Resolution Webinar, 2016

“Ethical Aspects In Building An Arbitration Practice,” ABA Section of Dispute Resolution Webinar, 2015

’Arbitration 2015: The Biggest Issues Facing Arbitration Today” at California State Bar Annual Meeting, 2015

’Social Media Do’s and Don’ts for Neutrals’ at ABA Dispute Resolution Section Annual Spring Meeting, 2015

’The Selection of Neutrals’ at ABA Women In Dispute Resolution Meeting, 2014

’Effective Advocacy in Arbitration’ at California State Bar Annual Meeting, 2014

“From the Litigator’s Side: Selection of Arbitrators and Mediators” at joint meeting of Bay Area Women Neutrals and ABA Women in Dispute Resolution, 2014

’Preventing the Runaway Arbitration: From Drafting the Contract Through the Award’ at ABA Annual Meeting, 2013

’Preventing a Runaway Arbitration’ at National Association of Minority and Women Owned Law Firms Annual Conference, 2012

’Preventing the Runaway Arbitration: Practical Strategies and Solutions’ at ABA Corporate Counsel CLE Seminar, 2011