In a 40-years career as a trial lawyer, first at Kirkland & Ellis in Chicago and then at Sidley Austin in Los Angeles, I represented clients in a diverse range of matters. For the past 10+ years I have been a full-time arbitrator and mediator.
Experience
As a trial lawyer, I represented clients in matters ranging from antitrust and employment to patent and other IP claims. I developed a particular expertise in the food, drug and medical device space, representing nearly every pharmaceutical firm in product liability and false advertising matters. I was also trial counsel in several patent and other IP disputes. My arbitration practice has ranged widely. In the \"technology\" space, I have ben appointed arbitrator in disputes concerning software trade secrets; website design and coding; breach of contract for development of architectural electrochromic glass coatings; breach of license for biotech therapeutic delivery systems; website hosting agreements; and others. In the general commercial area, I have served in case involving commercial loans, private equity buyouts, insurance coverage, breach of product warranty; professional services; distribution agreements; nd online gambling.
Work History
After a number of years at Kirkland & Ellis in Chicago, where I was involved primarily in a series of major price-fixing cases, I was invited to join Sidley Austin in Los Angeles. During my tenure as a Sidley partner, I served as head of the Los Angeles Litigation Group and a global co-chair of the commercial litigation practice. Upon retiring from Sidley, I began to serve as a full-time neutral, handling both arbitration and mediation appointments. I had actually begun this practice years earlier as a volunteer for the Los Angeles County Superior Court mediation and arbitration programs.
Cases
I have been appointed in more than 150 arbitration cases, and have been panel chair in several of those. The nature of the disputes is broad. Many are general commercial contract claims, such as breach of distribution agreements, or supply of specialized construction materials, or failure to pay fees for use of a large arena for a planned concert. Others involve banking or investment matters, including partnership dissolution, claims by private equity investors after the acquisition, and breach of commercial lending agreements. My practice has also concerned insurance coverage disputes regarding property damage, business interruption, and mortgage loan guaranty coverage. I also have served in a several professional liability matters, ranging from attorney malpractice and fee disputes, to failure to deliver accounting and related business services. More recently, I have been appointed in several \"mass arb\" matters in the consumer and employee spaces.
Training
Diploma in International Arbitration: Fellowship (Chartered Institute of Arbitrators, 2015) Arbitration Fundamentals and Best Practices (AAA, 2016). FINRA Basic Arbitrator Training (2018) ABA Arbitration Training Institute (2019) ABA Arbitration Training Institute (2020): Institute Planning Committee Panel Moderator (Conducting the Evidentiary Hearing) ABA Arbitration Training Institute (2021) - Institute Co-Chair; Panel Moderator (Discovery and Motion Practice) ABA Arbitration Training Institute (2022); Institute Co-Chair; Panel Moderator (Setting the Stage and Preliminary Hearing) ABA Arbitration Training Institute (2023) - Institute Co-Chair; Panel Moderator (Award and Post-Award Considerations) - ABA Arbitration Training Institute (2024) - Institute Co-Chair; Panel Moderator (Getting Started and Staying active); Panelist (Evidentiary Hearing; Award and Post-Award Considerations) ABA Arbitration Training Institute (2025) - Institute Co-Chair Emeritus; Panel Moderator (Early Stages; Preliminary Hearing, Discovery and Motions) Other training: Arbitrating in North America – Now and Tomorrow (CIArb, 2015) Dispositive Motions In Arbitration (ABA, 2016) How to Spot a Liar (ABA, 2016) Unique Problems in Commercial Arbitration (ABA, 2016) Unique Problems in International Arbitration (ABA, 2016) Resolving Disputes With Companies From Asia (CIArb, 2016) Ethical Problems That Arise in Arbitrations and Strategies for Dealing With Them (ABA, 2016) Award Writing: Safeguarding, Deciding and Writing Awards (AAA, Process Management: Agendas in Arbitration (AAA, 2017) California International Arbitration Summit (AAA, 2017) Protecting the Reasoned Arbitration Award (AAA, 2017) Recoverability of Attorney Fees in Arbitration Under California Law (AAA, 2017) Red Flags & Risk Areas: Challenges to Arbitrator Authority (AAA, 2017) Key Challenges for Arbitrators at the Conclusion of the Evidentiary Hearing (AAA, 2017) Cutting Edge Issues For Managing Complex Cases (CCA, 2017) Measuring the Expertise in Expert Opinion (ABA, 2017) Arbitration Case Law Update (ABA 2018) Damages in Arbitration (ABA, 2018) Dealing with Legal Privileges in International Arbitration (ABA, 2018) Does the Arbitrator Have Jurisdiction? (ABA 2018) Streamlining Arbitration Proceedings (ABA/CCA 2018) Writing Reasoned Awards in Commercial Arbitration: Beyond the Basics (AAA 2019) Cybersecurity: A Shared Responsibility (AAA, 2020) Procedural Rules in Arbitration (ABA, 2020) Special Powers of the Arbitrator (ABA, 2020) Conducting a Virtual Arbitration Hearing (NFA 2020)
License(s)
Licensed in California and numerous federal Circuit Courts of Appeal; inactive license in Illinois
Education
Regis High School, New York Fordham University (BA 1972) Columbia Law School (JD 1975)
Publications
Presentation: “When the Mediator Becomes the Arbitrator: A Case Study” (California Arbitrator Study Group, 2018) Author: “The (Dubious) Rise and (Sort of) Demise of Manifest Disregard of the Law,” Just Resolutions Newsletter, www.americanbar.org/dispute (2020) Guest Lecturer, Loyola law School: ADR Overview VANIAC (Vancouver International Arbitration Center) Efficient International Commercial Arbitration (2023
Panels
AAA Large Commercial Case Panel
Associations
Fellow, College of Commercial Arbitrators Fellow, Chartered Institute of Arbitrators Member, National Academy of Distinguished Neutrals Fellow, American Bar Foundation American Bar Association. Sections of Litigation and Dispute Resolution (Council Member 2024-2027) California Lawyers Association California Dispute Resolution Council USDC Central District of California Panel of Neutrals Southern California Mediation Association
