Arbitrator, Mediator, Attorney- Domestic and International, Contract and Business Law, Finance and Banking, Licensing, Intellectual Property, Media, and Entertainment. at StrickADR
Over 25 years in commercial and international law and dispute resolution.
Extensive experience in contract interpretation, enforcement, damages and damage computations, as well as equitable remedies. Served as arbitrator (sole arbitrator, panel member or chair) on numerous large complex cases frequently involving multiple parties, transnational and conflicts of laws issues, complex discovery and e-discovery case management and claims involving demands for declaratory, injunctive and/or other equitable relief.
Independently finalized numerous multimillion dollar, multiple party, large and complex transactions; advised and represented businesses (including Fortune 500 companies and their domestic and international subsidiaries) in contract matters, litigation (including patent litigation), entertainment, media, sports, cable, FCC, communications and high technology, and engineering/aerospace matters.
In-depth knowledge in the following practice areas: production and distribution, banking and financing, business structures (partnerships, joint ventures, limited liability companies and corporations), media customs and practices, franchise agreements, tax implications as well as corporate and general business concerns, marketing, non-disclosure and non-circumvent agreements, licensing arrangements (foreign and domestic), intellectual property (copyright, trademark, patent), and rights of publicity and privacy. Oversaw business and legal transactions involving mergers and acquisitions, due diligence matters, telecommunications, cable, consulting contracts, private equity, sales and secured transactions including those under the Uniform Commercial Code. Comprehensive experience in the commercial/legal aspects of the financing, production and distribution of theatrical motion pictures and television programming, internet and new media.
Arbitration & Mediation Services, 2001-present; General Counsel, Dynacs, Inc. (and predecessor companies), 1994-01; Senior Vice President and General Counsel, Art & Commence, 1989-94; Attorney, Dino De Laurentis Corp., 1982-89; Business Affairs, HBO, 1980-82; Attorney, Loeb & Loeb, 1977-80; Attorney, Business Affairs, United Artists Corporation, 1975-77.
Descriptive examples of cases include: (1) Large, complex ICDR case involving breach of contract, breach of fiduciary duties, unjust enrichment, fraud, declaratory relief and an accounting in connection with licensing agreements.(2) Mediation/Arbitration of Celebrity Product Endorsement Contract involving breach of contract, damage computation, and licensing issues.(3) Large/Complex Arbitration involving music and video copyrights and distribution right, accountings and royalties. (4) Large/Complex cases under the Federal Communications Commission Special Order involving the price terms and conditions of final offers for the carriage of Regional Sports Networks programming by local multi-channel video programming distributors. (5) Large/Complex case involving toy licenses and damage computation, loss of revenues, damage to reputation, defamation. (6) Multi-million dollar case involving breach of insurance company’s obligation to fund motion picture production and related counterclaims. (7) Large complex dispute involving breach of clothing company agency and related agreements and counterclaims. (8) Arbitration/Mediation of dispute involving breach of contract, reversion of rights and settlement of monies in connection with the distribution of a motion picture. (9) Large/Complex arbitration involving pay television company agency and related agreements and counter/cross claims. (10) Arbitration of Bank and Completion Bond Company dispute. (11) Numerous arbitrations of cases involving breach of obligation to pay in connection with both Domestic and International Licensing Agreements relating to Intellectual Properties and Copyright Claims. (12) Numerous arbitrations involving preliminary issues of discovery and procedure including jurisdiction and competence of arbitration panel. (13) Numerous arbitrations relating to the production, financing and/or distribution of motion pictures and television programming in various media including theatrical, non-theatrical, pay and free television, home video as well as allied and ancillary rights such as music publishing, theatrical and literary rights. (14) Numerous arbitrations involving administrative and procedural issues that concern default judgments relating to international distribution contracts. (15) Arbitration involving disputes between HMO and medical services providers. (16) Numerous arbitrations relating to pay television rules and regulations. (17) Arbitration involving Master Mortgage Loan Warehousing and Security Agreement.
ADR trainings include:College of Commercial Arbitrators Annual Meeting, 2010; ICDR Joint Colloquium on International Arbitration, 2008; Pepperdine School of Law, Straus Institute for Dispute Resolution, Mediating the Litigated Case program, 2008; AAA Thorny Questions for Arbitrators, 2008; Independent Film & Television Alliance, Annual Arbitrator Meeting, 2007; ICDR International Commercial Arbitration and Mediation Conference, 2006; AAA Arbitrator Ethics and Disclosure (ACE003), 2005; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2004; Arbitrator Update 2004; AAA Commercial Arbitrator II Training, 2002; AAA Commercial Arbitrator Training, 1999.
New York Bar
American Arbitration Association’s National Roster of Arbitrators, Commercial Panel , Large, Complex Case Panel, Federal Communications Panel, Panel of Mediators, the ICDR International Panel of Arbitrators and Mediators; the International Institute of Conflict Prevention & Resolution (CPR) Panel of Distinguished Neutrals;Independent Film and Television Alliance (IFTA) International Panel of Neutral Arbitrators; Chartered Institute of Arbitrators. Hong Kong International Arbitration Centre HKIAC IP Panel. FEDARB.
College of Commercial Arbitrators (Fellow);
Academy of Motion Picture Arts and Sciences;
The Bar Association of the City of New York;
American Bar Association (ADR Section);
U.S. Council for International Business. ICCA
Numerous speaking engagements and guest lecturer, including Stanford University Law School, USC School of Law, and Practicing Law Institute.