Rebecca Callahan

Rebecca Callahan, Esq. is a full-time attorney neutral working in the fields of commercial arbitration and mediation. She is a member of commercial arbitration and mediation panels of the American Arbitration Association, as well as the large complex case, international (ICDR) and Master Mediator panels. She is a Fellow of the College of Commercial Arbitrators, and a member of the mediation and arbitration panels of the National Academy of Distinguished Neutrals. Rebecca is known for her advance preparation, creative thinking, high energy, and collaborative style, as well as her ability to bring difficult disputes to a close in an efficient, economic, thoughtful and fair manner. She has been appointed as arbitrator in over 175 matters, including numerous three-arbitrator panel appointments where she has served as Chair. She has served as mediator in over 1,200 matters.

Experience

• Banking & Finance • Business/Commercial Contracts • Business Dissolution & Windup • Cannabis • Cryptocurrency • Failed Business Investment Transactions • Financial Elder Abuse • Franchisor / Franchisee Disputes • Fraud / Misappropriation / Tracing Disputes • Insolvency & Bankruptcy Litigation • Partnership / LLC Dissolution • Real Property • Wills & Trusts / Inheritance Disputes

Work History

1993-Present - Rebecca Callahan APLC, dba Callahan Dispute Resolution (2007 - Present) and Callahan Law Corporation (1993 - 2016) 1986-1993 - Lobel Winthrop & Broker, Partner 1985-1986 - Buchalter Nemer, Associate 1983-1985 - Allen Matkins, Associate 1982-1983 - Kindel & Anderson, Associate

Cases

Rebecca Callahan, Esq. is a full-time attorney neutral working in the fields of commercial arbitration and mediation. She is a member of commercial arbitration and mediation panels of the American Arbitration Association, as well as the large complex case, international (ICDR) and Master Mediator panels. She is a Fellow of the College of Commercial Arbitrators, and a member of the mediation and arbitration panels of the National Academy of Distinguished Neutrals. Rebecca is known for her advance preparation, creative thinking, high energy, and collaborative style, as well as her ability to bring difficult disputes to a close in an efficient, economic, thoughtful and fair manner. She has been appointed as arbitrator in over 175 matters, including numerous three-arbitrator panel appointments where she has served as Chair. She has served as mediator in over 1,200 matters. Rebecca’s experience in dispute resolution covers a broad spectrum of industries, subject matters and disputes, including: breach of contract; bankruptcy reorganization; cannabis licensing, business sales and marketing; cryptocurrency investments and exchange transactions; commercial lending; commercial real property leasing and sale; equipment leasing; intellectual property development, ownership and licensing; insolvency (e.g., preferences, fraudulent transfers and lien priority); purchase and sale of businesses; intra-partner disputes involving accountings, allegations of breach of fiduciary duty, and claims for dissociation and dissolution; financial elder abuse; franchisor-franchisee relations; real property purchase, sale and development; wills and trusts disputes involving trustees versus beneficiaries, and beneficiaries versus beneficiaries; and wills and trusts disputes involving claims of undue influence and will contests. Ms. Callahan has been appointed to approximately 175 arbitration matters since 2007, of which approximately half have gone to hearing or dispositive motion. She has served on numerous three-arbitrator panels, including service as Chair. The following are generic descriptions of a few cases. Please visit Ms. Callahan’s website: www.callahanADR.com for a PDF of notable cases spanning her career as an attorney, arbitrator and mediator. • Sole arbitrator in a commercial dispute between a customer and supplier / manufacturer of components parts used in the production of aeronautical equipment. Claims involved breach of contract and breach of warranty. Amount in disputed: in excess of $500,000. • Panel chair in a commercial dispute between a customer and supplier of mining rig computers for use in producing cryptocurrenty. Claims involved competing claims for rescission based on alleged fraud and breach of contract for purposes of enforcing liquidated damages clause. Amount in dispute: in excess of $20 million. • Panel arbitrator panel in an intellectual property dispute concerning the alleged breach of a world-wide merchandise licensing agreement. Dispute between an intellectual property licensor and an exclusive licensee concerning the licensee’s duties to design, manufacture and sell Licensed Products in connection with a new product launch. Claims involved declaratory relief, breach of contract, fraud, concealment, and breach of fiduciary duty. Amount in dispute: in excess of $10 million. • Panel arbitrator in a wills and trust dispute between successor trustee and beneficiaries. Dispute required the interpretation of a trust instrument and the legal effect and validity of a later executed will on the eve of death of the settlor /original trustee relative to the disposition of the estate and accounting for same. Amount in dispute: estate valued at in excess of $7 million on date of death. • Sole arbitrator in a dispute between a finder and a buyer of a cannabis business. Claims involved breach of contract, fraudulent concealment, and misrepresentation. Amount in dispute: approximately $150,000 in damages. • Sole arbitrator in a dispute between an inventor/licensor and its customer / licensee. Claims for patent infringement and breach of contract, with counterclaims challenging the validity of the patent. Amount in dispute: damages in excess of $20 million. • Sole arbitrator in a dispute between a consulting firm specializing in processing cannabis licenses and a cannabis retailer. Claims involved breach of contract and declaratory relief. Amount in dispute: damages estimated to be in excess of $250,000. • Panel arbitrator in a dispute between and among partners of a family limited partnership with numerous commercial real estate holdings. Claims involved dissolution and accounting, along with damages claims for fraud, breach of fiduciary duty, conversion, and breach of contract. Amount in dispute: damages in excess of $15 million. • Sole arbitrator in a dispute between co-venturers in a cryptocurrency / real estate development venture. Claims and counterclaims involved breach of contract, fraud, accounting, and breach of fiduciary duty. Amount in dispute: in excess of $5 million. • Sole arbitrator in a dispute among partners in a general partnership operated on a consensus basis. Claims involved the determination of whether one partner was wrongfully forced out or wrongfully competed and interfered with the business of the partnership after voluntarily withdrawing. Claims and counterclaims involved competing claims for damages for alleged fraud, conversion, breach of fiduciary duty, etc. Amount in dispute: in excess of $1 million. • Panel arbitrator in a dispute between an independent insurance agent and his brokerage firm concerning ownership of the broker’s book of business and related intellectual property and electronically stored information. Claims and counterclaims for breach of contract, breach of fiduciary duty, fraud, misappropriation of trade secrets, wrongful interference with contract, etc. Amount in dispute: in excess of $2 million. • Sole arbitrator in a dispute between a machine manufacturer and its custom-order customer. Claims involved breach of contract and breach of warranty. Amount in dispute: approximately $150,000. • Sole arbitrator in several arbitrations conducted under the alternative dispute resolution procedures of several different asbestos settlement trusts. Value of claims involved in these matters pursuant to the Trust Distribution Procedures was between $10,000 and $250,000 .

Training

The Queen’s Gambit: Skills, Techniques and Strategies for Seeing Three Moves Ahead in Mediation, Presenter (CLA 2021); You’re Not in Kansas Anymore: Seven Things Court Litigators Should Know Before Stepping Into an Arbitration, Presenter (CLA 2021); Arbitrator Level I Training, Faculty (AAA 2021); Arbitrator Ethics: Ensuring the Integrity of the Process, Faculty (AAA 2021); College of Commercial Arbitrators Annual Conference (2018, 2019, 2020); Arbitration Theory & Practice, Adjunct Professor (Pepperdine School of Law (2016, 2017, 2018, 2019, 2020, 2021); ABA Annual Arbitration Training (2020, 2021); AAA-ICDR CDR International Symposia In Advanced Case Management Issues (2020); AAA ACE Course - Cyber Security: A Shared Responsibility (2020); Everything You Always Wanted to Know About Arbitrator Ethics and Party Recourse (OCBA ADR Section 2020); AAA ACE Course - Case Finances: What Arbitrators Need to Know (2019); International Commercial Arbitration Academy (CLA Litigation Section 2019); Recent Developments in Arbitration and Mediation, Program Chair / Presenter (OCBA-ADR Section 2013, 2014, 2015, 2016, 2017, 2018, 2019); Essential Mediation Skills for the New Mediator, Faculty (2013, 2014, 2015, 2016, 2017, 2018, 2019); Appreciating our Legacy and Engaging the Future: An International Conference for Dispute Resolution (Pepperdine / Straus 2019); Advanced Mediation (Pepperdine / Straus 2018); Mediating the Litigated Case, Faculty (Straus 2015, 2018); eDiscovery Negotiation Training: Practical Cooperative Strategies (The Sedona Conference, 2018); Managing the Process with E-Discovery 2.0 (ACESIN 2018); AAA Construction Conference (2018); AAA ACE Course - Arbitrator Performance and Demeanor - Meeting Participant Expectations (2018); Attacking, Defending and Drafting Arbitration Clauses (OCBA-Employment Law Section 2017); Advanced Arbitration Skills (USC-JAMS 2016, 2017); Bench-Bar Experiences with the 2015 Discovery Proportionality Amendments (Duke Law Center for Judicial Studies 2017); Arbitrating in a Digital World: Fair and Expeditious Management of Electronic Discovery (ACESIN 2017); AAA ACE Course - Red Flags & Risk Areas: Challenges to Arbitrator Authority (2017); AAA ACE Course - Dealing with Difficult Attorneys in Arbitration (2017); California International Arbitration Summit (2016); The Full Pinocchio: Is it ever OK to lie in Mediation? (AAA 2016, ABA and SCMA 2015); Impasse: Mediating in the ’Red Zone’, Faculty (AAA 2015); E-Discovery: Arbitration in a Digital World, Faculty (AAA 2015); Principled Deliberations / Decision-Making Skills for Arbitrators, Faculty (AAA 2014); Conducting Research and Investigations: The Arbitrator’s Authority, Faculty (AAA 2014) American Arbitration Association, 2014); Follow the Money: Tips, Strategies and Special Issues Associated with Settling Insured Claims, Program Chair and Moderator (OCBA-ADR Section 2012); Apology, Forgiveness and Reconciliation (Straus 2012); Neuroscience and Mediation (ABA Dispute Resolution Annual Conference 2011); Strategic Negotiating Skills (Straus 2011); Mediating Employment, Personal Injury and Professional Liability Cases (Straus 2009); Negotiating Litigated Disputes – From Practical to Tactical (AAA 2009); Best Practices in Commercial Arbitration (CCA 2007); Mediation 120-hour Externship with Hon. Alexander Williams, III (Los Angeles Superior Court Settlement Judge), Hon. John Woolley, Ret. (JAMS), Dennis Torres (Pepperdine) (Pepperdine SOL LLM Program, 2006); Religion and Dispute Resolution (Pepperdine SOL LLM Program, 2006); International Commercial Dispute Resolution (Pepperdine SOL LLM Program, 2006); Negotiation and Advocacy (Pepperdine SOL LLM Program, 2006); Thesis Presentation Project (Pepperdine SOL LLM Program, 2006); Arbitrator Level II Training (AAA 2006); Cross-Cultural Negotiation (Pepperdine SOL LLM Program, 2006); Arbitration Practice (Pepperdine SOL LLM Program, 2005); Interviewing and Counseling (Pepperdine SOL LLM Program, 2005); Communication and Conflict (Pepperdine SOL LLM Program, 2005); Social Psychology of Conflict (Pepperdine SOL LLM Program, 2005); Arbitrator Level I Training (American Arbitration Association, 2005); Safeguarding, Deciding and Writing Awards (AAA 2005); Arbitration 120-hour Externship with Carl Ingwalson and Thomas Pistone (Pepperdine SOL LLM Program, 2005); Independent Study Thesis Project (Pepperdine SOL LLM Program, 2005); Mediation Seminar Class (Pepperdine SOL LLM Program, 2005); Negotiation Skills (Straus 2004); Advanced Mediation Training (Straus 1998); Basic Mediation Training for the United States Bankruptcy Court’s Inaugural Mediation Panel (Straus 1995).

License(s)

California State Bar - 1982-Present

Education

University of California, Berkeley, J.D. Pepperdine University School of Law / Straus Institute, LL.M. in Dispute Resolution University of Southern California, B.A.

Publications

“Arbitration Clauses: Hot Questions & Cool Answers / A Contemporary Look at Drafting Considerations and Opportunities” – Part 2 (Orange County Lawyer, April 2017) PDF available at www.callahanADR.com under Articles & Programs “Arbitration Clauses: Hot Questions & Cool Answers / A Contemporary Look at Drafting Considerations and Opportunities” – Part 1 (Orange County Lawyer, February 2017) PDF available at www.callahanADR.com under Articles & Programs “Facework in Mediation: The Need for ‘Face’ Time” (Orange County Lawyer, September 2016) – PDF available at www.callahanADR.com under Articles & Programs “Effective Use of a Forensic Accountant in Mediating Commercial Fraud Disputes” (Chapter 15 of Fraud and Forensics: Piercing Through Deception in a Commercial Fraud Case regarding how to use a forensic accountant at mediation) (American Bankruptcy Institute, 2015) “Mediation Advocacy: Negotiation Tips and Perspectives to Help You Up Your Game at Mediation,” (Orange County Lawyer, July 2015) - PDF available at www.callahanADR.com under Articles & Programs “Reservation Points: A Perspective on Where the ‘Real’ Negotiation Begins” private publication/MCLE program handout (June 2015) – PDF available at www.callahanADR.com under Articles & Programs “Piercing the Veil of Mediation” (LA Daily Journal, Guest Column, May 8, 2015) - PDF available at www.callahanADR.com under Articles & Programs “Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality be a Function of the Court in Which the Litigation is Pending?” 12 Pepp. Disp. Resol. L.J. 63 (2012) – PDF available at www.callahanADR.com under Articles & Programs “What’s Your Client’s Case Worth?” private publication/brochure (Fall 2011) – PDF available at www.callahanADR.com under Articles & Programs “Let the Games Begin: Supreme Court Invites Piecemeal Litigation and Procedural Gamesmanship: A Case Note on KPMP LLP v. Cocchi” Conflict Management / ABA-Litigation Section, website publication (2011) “It Takes Two to Tango: How to Get the Most Out of Mediation” Daily Journal Verdicts and Settlements (May 27, 2011) “What’s Your Client’s Case Worth for Purposes of Settlement,” private publication/brochure (Summer 2011) - – PDF available at www.callahanADR.com under Articles & Programs “How to Get the Most Out of Your Mediation,” private publication/brochure (Spring 2011) – PDF available at www.callahanADR.com under Articles & Programs “The Supreme Court Erects Another Roadblock to Challenging Arbitration: A Case Note on Rent-a-Center West, Inc. v. Jackson” Conflict Management / ABA-Litigation Section, website publication (2010) “The Supreme Court Erects Another Roadblock to Challenging Arbitration: A Case Note on Rent-a-Center West, Inc. v. Jackson” Conflict Management / ABA-Litigation Section, website publication (2010) “20 Questions re Commercial Arbitration,” private publication/brochure (Winter 2010) – PDF available at www.callahanADR.com under Articles & Programs “20 Questions re Mediation,” private publication/brochure (Fall 2010) – PDF available at www.callahanADR.com under Articles & Programs “Severability Rule Expanded: Supreme Court Holds that Parties’ Agreement to Delegate Questions of Arbitrability Shall be Enforced, Including Those that Go to the Validity of the Arbitration Agreement Itself,” American Bar Association / Litigation Section, website publication (2010) “California’s New Ethics Standards: A Hot Bed of Controversy and Conflicting Decisions,” 5 J. Am. Arb. 295 (2006) - PDF available at www.callahanADR.com under Articles & Programs “Truth or Dare: California’s New Ethics Standards for Private Arbitrators,” Business Law News (Issue 1 2008); “Arbitration v. Litigation: The Right to Appeal and Other Misperceptions Fueling the Preference for a Judicial Forum” (2006 Thesis Paper), http://law.bepress.com/expresso/eps/1248 - PDF available at www.callahanADR.com under Articles & Programs “Facework in Mediation: The Need for A Little Face Time” (2005 Paper), http://law.bepress.com/expresso/eps/837 - PDF available at www.callahanADR.com under Articles & Programs

Panels

American Arbitration Association, Large Complex Case Panel, Commercial, Consumer and Healthcare Payor/Provider Panels, and Mediation Panel California Court of Appeal / Second District - Mediation Panel U.S. District Court / Central District of California - Mediation Panel

Associations

American Arbitration Association University, Faculty Member (2010 to Present) College of Commercial Arbitrators Orange County Bar Association Director 2014-2016 ADR Section, Seminar Chair 2013-2015 ADR Section, Chair 2013 Pepperdine University School of Law, Adjunct Professor, Mediation Theory & Practice (2010-2016) and Arbitration Theory & Practice (2016-Present) Peter M. Elliott Inn of Court, Past President

Miscellaneous

PERSONAL: Married to Rich Keys, an attorney and principal of Bidna & Keys APLC One son, Alex Keys, an entrepreneur / business owner Hobbies and interests include bridge, the gym, pickleball and walking her dogs (Beau, a standard poodle, Franco, a rescue lab), ADDITIONAL NOTE: Ms. Callahan teaches and speaks frequently on a broad variety of ADR topics as an adjunct professor, skills trainer and CLE presenter. A listing of her most recent teaching and speaking activities is set forth in her CV - PDF available on her website at www.callahanADR.com.