Gerald Saltarelli

Gerry’s entire career had been in commercial litigation. For the past 27 years he has served as an arbitrator for the American Arbitration Association as well as other providers. Beginning January 1, 2018, Gerry is exclusively focused on arbitration and mediation under the name Saltarelli ADR LLC.

Experience

Gerry, has 44 years of experience as a trial lawyer in all aspects of commercial litigation, including jury and bench trials in breach of contract and fraud actions, business torts, trade secret and restrictive covenants, insurance coverage disputes, antitrust, products liability, professional liability and dealer/franchise litigation. His appellate experience includes appeals in both state and federal courts. Gerry is an active member of the American Arbitration Association’s Commercial and Large, Complex Case Panels in Chicago, and has frequently arbitrated cases for the Association’s International Center for Dispute Resolution. Gerry is also on CPR’s Insurance and Franchise panels and has an active mediation practice. Gerry is a Fellow of the College of Commercial Arbitrators, Fellow of the Chartered Institute of Arbitrators, and a Member of the National Academy of Distinguished Neutrals.

Work History

Saltarelli ADR LLC, 2018 to Present Butler Rubin Saltarelli & Boyd, 1981 - 2017 Partner, Winston & Strawn, 1979-1981 Associate, Winston & Strawn, 1973 - 1979

Cases

Served as sole arbitrator, chair, or panel member in over a hundred arbitrations. Tried to conclusion and issued reasoned awards in dozens of domestic and international cases concerning: Post-acquisition/ merger disputes; Breach of or pricing under long term supply agreements; Corporate/joint venture/professional firm membership, buy-out, and dissolution issues; Dealer/franchisee terminations; Insurance coverage and claims handling; Broker/producer disputes; Warranty and product quality claims; Breach of purchase, licensing, and consulting agreements; and Restrictive covenants, non-competition agreements, and diversion of corporate opportunities.

Representative cases:

As a member of a panel, resolved numerous claims asserted between partners in an auto parts manufacturing business. Resolution included determination of buyout price for parts plant pursuant to a put option and declaratory judgment regarding right to hire work force.

Served as sole arbitrator in complex dispute over operation of joint venture and pricing under long term paper supply contract. Issued detailed reasoned award determining manner of defining prices under the agreement.

Member of panel that heard earnout dispute following sale of medical device company.

As member of panel, resolved multi-million dollar claim by insured for recovery from general liability carrier of losses incurred as result of food product contamination.

Member of panel that heard claims for breach of non-solicitation agreement and diversion of corporate opportunities by new owner against former owner of oil services business, and claim by former owner against new owner for alleged improper refusal to honor option for repurchase of former owner’s interest in the business.

Sole arbitrator in dispute over interpretation of long-term supply agreement for products sold to food industry manufacturer. Issues concerned interpretation of special pricing provisions.

Member of panel that resolved $30 million claim for breach of warranty against seller of roller bearings.

Sole arbitrator in dispute by exclusive broker against insurer for unlawful termination of brokerage agreement related to sale of business. Injunctive relief against termination and damages were sought.

Training

Arbitration: AAA/ICDR Neutrals Conference, 2010, 2009; ICDR Joint Colloquium on International Arbitration, 2008; AAA Pro Se: Managing Cases Involving Self-Represented Parties (ACE002), 2007; Attended AAA Neutrals Conference, 2006, 2004, 2003; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, 2005 (ACE005); AAA Practical Tips for Dealing with Delay Tactics of Parties and Advocates, 2004 (ACE004); AAA Arbitrator Ethics and Disclosure, 2004 (ACE003); AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards, 2003 (ACE001); AAA Commercial Arbitrator II: Advanced Case Management Issues, 2002; AAA Arbitrator Update 2003, 2001; AAA Central Case Management Center, “Administrative Issues Training,” 2001; AAA/USATF Doping Grievance Arbitrator Training, 2000; AAA Commercial Arbitrator Training, 1999; AAA Basic Arbitrator Training, 1993.

Mediation: Center For Effective Dispute Resolution, 2011 (Advanced Mediator Skills) CEDR Accredited Mediator.

License(s)

Licensed in Illinois and admitted to practice before the Seventh, Eighth, Tenth and D.C. Circuit Courts of Appeal, as well as several federal district courts.

Education

J.D., University of Chicago Law School, 1973 Associate Editor, University of Chicago Law Review, 1972-1973

M.S., State University of New York at Buffalo, 1970.

A.B., Princeton University, 1969

Publications

“Who Pays Defense Costs While Insurer and Policyholder Fight About Coverage,” Corporate Counsel, March 2006

“Nobody Looks Good In An Orange Jumpsuit: What You Should Know About Sentencing For Criminal Antitrust Violations,” Corporate Counsel, September 2005

“Are Your Distributors Actually Franchisees?” Corporate Counsel, March 2004

“A Pain in the Assets: Avoiding Successor Liability,” Corporate Counsel, October 2003

“Firing Your Customer – Facing the Challenges of Changing Your Distribution Network,” Corporate Counsel, September 2003

‘“We’re Safe as Long as We Meet Outside the U.S.’ and Other Fairy Tales About the Scope of the U.S. Antitrust Laws,” Corporate Counsel, December 2002

“Attorney-Client Privilege and Work Product Protection After the Waste Management Decision,” Coverage, Committee on Insurance Coverage Litigation, American Bar Association, November/December 1994

Awards

Gerry was named a leader in alternative dispute resolution in The Best Lawyers in America, 2006-2013. In the 2014 and 2015 editions of Best Lawyers, Gerry is identified as a leader in arbitration and commercial litigation. In addition, Gerry has been identified as an Illinois Super Lawyer in Business Litigation, 2005-2014. As part of the Law Bulletin Publishing Group’s 2014 survey of the top lawyers in the state, Gerry was designated as a Leading Lawyer in Illinois in Commercial Litigation; ADR Law (Commercial Litigation); Insurance, Insurance Coverage & Reinsurance Law; and Professional Malpractice Defense Law.

Panels

American Arbitration Association: --Commercial Panel --Large, Complex Case Panel --International Center for Dispute Resolution

CPR: --Insurance Panel --Franchise panel

Associations

Active in the American Bar Association (Dispute Resolution and Litigation Sections) and the Chicago Bar Association (Judicial Evaluation Committee). He has lectured to lawyers on issues including rules of evidence, bad faith litigation, proof of damages, and discovery.