carol heckman

With more than 40 years of experience as a trial lawyer and judge, Judge Heckman (Ret.) has an active practice as an arbitrator and mediator.

Experience

Judge Heckman (Ret.) has an active practice as an arbitrator for the American Arbitration Association and conducts arbitrations in most major metropolitan areas with a particular concentration in New York City. In addition to arbitrations and mediations, Judge Heckman was recently selected as a Fellow to the College of Commercial Arbitrators, an exclusive group of commercial arbitrators representing the best in the United States. Judge Heckman also engages in litigation counseling and trial work for American Indian tribes and a group of business clients, providing representation in government investigations, complex commercial matters, taxation, and gaming. She has tried numerous cases as a lawyer, a judge, and an arbitrator in a broad range of disputes. Has served as a mediator in more than 800 cases since 1992, including at least 75 in the last 5 years. In 2015, was selected by peers as Best Lawyers\" \"Mediator of the Year.\" Mediation skills were well recognized on the federal bench, and in 1999, began training other magistrate judges throughout the federal court system in the skills needed to conduct successful mediations. Has served as an arbitrator in over 100 commercial, construction, employment and consumer cases, as well as a special master.

Work History

Partner, Lippes Mathias LLP, 2017 to present; Partner, Harter Secrest & Emery LLP, 2000-2016; U.S. Magistrate Judge, U.S. District Court, Western District of NY, 1992-00; Partner, Lippes Silverstein Mattias & Wexler, 1989-92; Partner, Albrecht McGuire Heffern & Gregg, 1985-89; Assistant U.S. Attorney, U.S. Attorneys Office, Western District of NY 1981-85; Trial Attorney, U.S. Department of Justice, 1979-81; Law Clerk, Hon. John Curtin, Western District of NY, 1977-79.

Cases

Complex commercial matters: acquisitions, bank fraud, shareholder disputes, dissolution proceedings, distributor agreements, asset purchase agreements, supply agreements, unfair competition, common law fraud, franchise agreements, software disputes and contract disputes of all types. Issues have included contract interpretation, insurance, statutory construction, damage valuations, valuations of businesses, financial analysis, EBITDA, evidentiary issues, witness issues, jurisdictional issues, subpoenas and sovereign immunity. Industries include banking, manufacturing, technology, health care, sports and entertainment, hospitality and gaming. Employment matters: executive compensation, non-compete and non-solicitation clauses, shareholder disputes, executive compensation, stock appreciation rights, stock options, severance, termination and non-compete issues, as well as ERISA, Title VII, ADA, ADEA, 42 U.S.C. 1983, FLSA, FMLA, jurisdictional prerequisites and time limitations, constructive discharge, discrimination based on race, gender, ethnicity, national origin, sexual orientation, religion and disability, sexual harassment, calculation of back pay, tangible job detriment, reasonable accommodation, mitigation of damages, emotional distress, wage and hour, classification, independent contractors and related state law claims, mass claims Construction issues: claims involving contractors, subcontractors, engineers, architects, construction managers, liens, insurance, bonds, public bidding, work force representation, minority set-asides, and accounting. International arbitrations: several multimillion dollar contractual disputes. Environmental claims, products liability and tort claims, intellectual property, taxation, gaming and Federal Indian law, including APA, IGRA and NIGC

Training

Presentations: College of Commercial Arbitrators, Third Party Summones, 2021; American Bar Association, REmote Hearings, 2021; AAA/ICDR/AAA Mediation.org Panel Conference, 2019; Faculty, AAA/ICDR Council, New York Law School, Cornell Scheinman Institute Conference, 2018; Faculty, AAA Arbitration Best Practices 2013; Faculty, AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012; Faculty, AAA Dealing with Delay Tactics in Arbitration, 2010; Faculty, U.S. Magistrate Judge Mediator Training Programs, 1996-2000. Coursework: Annual AAA required training 2008-2021, AAA Confronting Arbitrability and Jurisdiction Issues in Arbitration,2017; AAA Chairing the Arbitration Panel, 2016; AAA Arbitrator Subpoenas, 2015; Western District of New York Mediator Training, 2012; AAA Webinar, Controlling Chaos in Mediation: Navigating the Behavioral Paradigm, 2012, AAA Arbitration Fundamentals and Best Practices for New Arbitrators, 2008.

License(s)

New York Colorado (inactive)

Education

Lawrence University (BA, Philosophy, Phi Beta Kappa, Farley Prize, Distinction in Senior Comprehensives-1974); Cornell Law School (JD, Order of the Coif, Second in Graduating Class, Cornell Law Review Editor, Fraser Price for Outstanding Scholarship and Character-1977).

Publications

Publications : \"The Power of a Rarely Used Statute,\" Buffalo Law Journal, January 20, 2014; \"The Nuts and Bolts of Expert Selection,\" N.Y. Litigator, Summer 2012; \"Streamlining Discovery Motions: what Judges Want to See,\" New York Law Journal, July 23, 2012; \"Soup Can or Can of Worms? Legal Issues Arising from the Warhol Estate,\" Entertainment, Arts and Sports Law Journal, New York State Bar Association, Summer 2009; \"A Safe Harbor: Amendment Towards Data Preservation Efforts,\" New York Law Journal, November 30, 2004; \"Time for Change? Panels Explore Amending Federal Civic Rules on E-Discovery\", New York Law Journal, March 2, 2004; \"How To Win Motions for E-Discovery in Federal Court,\" Buffalo Law Journal, December 11, 2003; \"Prevailing in the Court: How to Win E-Discovery Motions in Federal Proceedings\", New York Law Journal, September 16, 2003; \"Best Practices for E-Discovery Motions,\" Digital Discovery and E-Evidence, May 2003; \"Balancing Interests in Access to Judicial Records,\" New York Law Journal, March 12, 2003; \"Winning Electronic Discovery Motions,\" The Sedona Conference Journal, Vol. IV 151 (2003); \"Winning Electronic Discovery Motions,\" New York Law Journal, April 8, 2003; \"Protective Orders, Record-Sealing Versus Rights of Access,\" Buffalo Law Journal, March 13, 2003; \"Ethical Concerns in Alternative Dispute Resolution,\" Buffalo Law Journal, December 19, 2002; \"Avoiding Common Pitfalls in Asserting the Attorney-Client and Work Product Privilege,\" NY Litigator, Dec. 1997; \"Relevancy and Its Limits,\" New York Law Journal, Nov. 24, 1993; \"1975 Developments in Welfare Law,\" 61 Cornell L. Rev. 777 (1976).

Awards

Awards and Honors: Buffalo Business First\"s Legal Elite of Western New York, Lifetime Achievement Award, 2016; Best Lawyers in America 2015 Mediation \"Lawyer of the Year\" in Buffalo; Upstate New York Super Lawyers, 2011-2018; Buffalo Business First\"s Legal Elite of Western New York 2013; AV Preeminent Peer Review Rated by Martindale-Hubbell; Litigation Counsel of America, Trial Lawyers Honorary Society, Fellow; Business First of Buffalo/Buffalo Law Journal, Who\"s Who in Law, 2011-2012; Business First of Buffalo, \"Women Who Mean Business\" Award, 2005; Order of the Coif; Fraser Prize (undergraduate award); Phi Beta Kappa; Women\"s Bar Association of Western New York, Achievement Award, 1992

Panels

American Aribration Associaton, Commercial Panel, Employment Panel

Associations

Professional Associations: New York State Bar Association (Commercial and Federal Litigation Section, Past Executive Committee); (Dispute Resolution Section); Federal Magistrate Judges Association (Past Vice President, Past Secretary, Past Treasurer); Cornell Law School Alumni Association Advisory Counsel (Past Executive Committee); Erie County Bar Association (Committees on Federal Practice, Ethics, ADR); Federal Court Law Review (First Editor-in-Chief).

Miscellaneous

Served as a magistrate judge in federal court in Buffalo from 1992 to 2000. Presided over dozens of consent trials, hundreds of dispositive motions and hearings, and hundreds of mediations. Frequent lecturer for the Federal Judicial Center (FJC), a member of the FJC\"s Education Committee for Magistrate judges, an officer in the Federal Magistrate Judges Association and a trainer for three of FJC\"s intensive mediation programs.