Penn Payne

Experience

Penn Payne has served as an arbitrator since 2003 for numerous employment and commercial cases involving: Complex contractual disputes relating to business acquisitions and dissolutions, purchase and sale agreements, and disputed contract interpretation in various contexts; Business torts such as tortious interference with business relationships and computer fraud and abuse; Executive employment contracts, change of control agreements, stock options, bonuses and other forms of executive compensation; Employment discrimination on the basis of sex, age, race, national origin, ethnicity, pregnancy, religion and disability; retaliation; sexual and racial harassment; the Family and Medical Leave Act; negligent hiring and retention; intentional infliction of emotional distress; and invasion of privacy; Restrictive covenants (non-compete, non-solicit, trade secrets and confidentiality agreements); Employee classification and wage and hour disputes under the Fair Labor Standards Act; Breach of fiduciary duty under ERISA. Since 1998 she has served as a mediator for the same kinds of disputes. Ms. Payne’s work investigating claims of employees against key company executives and claims of widespread cheating on school tests informs her arbitration experience with the practical considerations and real-world insights about contentious business disputes. She has also arbitrated international disputes, primarily those governed by U.S. maritime law or the maritime law of other countries.

Work History

Penn Payne, LLC, 2004-present; Partner, Kirkley & Payne, LLP, 1998-2004; Of Counsel, Nations, Yates & Toman,1989-98; Partner/Associate, Vaughan, Roach, Davis, Birch & Murphy (and predecessor firms), 1979-88; Teacher, Seoul (Korea) Foreign School,1973-74; Teacher, Ewha Women’s University, Seoul, Korea, 1973; Admissions Director, The Harley School, Rochester, NY, 1968-1972. Ms. Payne represented parties for 28 years in all types of employment litigation and business and commercial litigation, including disputes based in antitrust, securities, trade secrets, business fraud and other business torts, creditors\" rights and bankruptcy, general contract, partnership and fiduciary duty law.

Cases

Ms. Payne has been appointed in a wide range of commercial, contract and employment cases, as sole arbitrator, chair and wing. Representative examples of cases: Dispute between joint venture partners in the health care industry requiring the valuation of one party’s interest in the joint venture, as well as deciding breach of restrictive covenant claims. Dispute about a key executive/former owner’s complicated bonus compensation as set forth in the original purchase and sale agreements, requiring determination of factual issues of a party’s waiver of the contractual provisions, oral modification of the agreements, and the operating income factors that the parties intended to use to calculate the amount of the bonuses, as well as dispositive issues of credibility of witnesses. Party-appointed panel member in an ICDR arbitration for a claim by an Irish entity against an American entity, for breach of a sales agreement to purchase an aircraft. Dispute between an on-air television personality and a major cable channel involving long-standing race and sex discrimination claims. Maritime dispute under the ICDR rules involving the outcome-determinative issue of whether the law of the Bahamas or general United States maritime law applied. Sole arbitrator or panel chair for numerous large group case filings, requiring Ms. Payne to hear and manage multiple separate arbitrations that were part of the large group. For example, she chaired two panels appointed in two arbitrations out of approximately 480 separate cases. The separate cases were grouped in batches of six or seven for purposes of the week-long hearings on the merits. She presided over seven arbitrators who were hearing six different cases, managing the hearing process and rulings on objections. Because the hearing for this group of cases was only the second hearing of the many that were still being held almost a year later, and because the testimony was videotaped to be used in future hearings, much of the testimony and evidence over which she presided was used in the subsequent hearings.

Training

ACE 22 - Process Essentials for AAA Arbitrators, 2022; ACE 21 – Impartiality: Do You Know Where Your Biases Are?, 2021; Panel Discussion Member-\"Award Writing in International and Domestic Arbitrations,\" 2019 Eighth Annual Conference of the Atlanta International Arbitration Society; AAA ACE 19 Case Finances: What Arbitrators Need to Know, 2019; AAA/ICDR Council, New York Law School, Cornell Scheinman Institute Conference, 2018; Arbitrator Subpoenas - Are They Worth the Paper They\"re Printed On?, 2017; AAA Developments in Arbitration Law ~ Non-Signatories, Discovery and Vacatur, 2017; AAA ADR and Emerging Technologies: The Future Has Arrived, 2017; ICDR Cruise Line & Seafarer Arbitrator Panel Symposium, 2016; The ICDR\"s International Arbitration Rules: Assessing the Impact of the 2014 Amendments, 2016; AAA Georgia Arbitrator\"s Forum, 2016; The New ICDR International Arbitration Rules, 2016; AAA Webinar, Testing the Boundaries of Court Intervention, 2015; AAA Webinar, Guided Choice: Innovations in Mediation to Get Better Settlements at Less Cost, 2014; AAA Webinar, Managing ESI Exchanges in Arbitration- Preparing Yourself for the New Landscape and New Challenges, 2014; National Academy of Distinguished Neutrals, Advanced Mediation Training, 2013; AAA The Extent (or Limit) of Mediator Influence, 2013; AAA Managing the Arbitration Process for Efficiency & Economy Following the Preliminary Hearing, 2012; AAA Advanced Mediator Training Series: The Extent (or Limit) of Mediator Influence to Effect Settlement, 2012; AAA/ICDR Neutrals Conference, 2010; AAA, Employment and Labor Arbitrator Code of Ethics, 2010; ABA ADR Section, Sound Perspectives on ADR, 2008; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2007; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2007; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2006; AAA Employment Arbitrator II Training: Advanced Case Management Issues, Palm Springs, 2005; AAA Arbitrator I Training - Fundamentals of the Arbitration Process, Atlanta, 2003; Resolution Resources Corporation, Advanced Mediation Training, Atlanta, 1998; Resolution Resources Corporation, General Mediation Training, Atlanta, 1996.

License(s)

Admitted to the Bar, Georgia; admitted to practice before state and federal courts in Georgia. Registered Neutral, Georgia Office of Dispute Resolution.

Education

Stanford University (A.B., History, Dean\"s List-1966); Emory University (J.D., With Honors, Order of the Coif-1978).

Publications

Publications and Speaking Engagements: International Centre for Dispute Resolution, 14th Annual International Practice Moot and Lecture Series: served by invitation as an arbitrator for the practice moot, which “brings together pre-eminent arbitrators and practitioners in the field of international commercial arbitration with the aim of helping law students from around the world sharpen their advocacy skills in anticipation of the Willem C. Vis International Commercial Arbitration Moot.” 2021. Atlanta Bar Association Dispute Resolution Section, “Techniques for Breaking Through a Mediation Impasse,” 2020. Atlanta International Arbitration Society 8th Annual Conference, \"Award Writing,” 2019. AAA/ICDR Council, New York Law School, Cornell Scheinman Institute Conference: Arbitration, Justice, and the Individual in the Workplace, “Innovations in ADR: The Role of the Special Master in Employment Dispute Large-Group Case Filings,” 2018. Georgia Institute of Continuing Legal Education [“ICLE”], 11th Annual Arbitration Institute, Making Arbitration Work: Effective Management Skills for Advocates and Arbitrators: \"The Arbitration Hearing,\" paper and panel discussion, 2018. Georgia ICLE 9th Annual Arbitration Institute, Recent Developments in the Law of Arbitration: “Enforcement of Arbitration Agreements in Consumer, Employment and Franchise Contracts: Are Courts Applying the Doctrine of FAA Preemption?” paper and panel discussion, 2016. American Arbitration Association, \"The Good, the Bad and the Ugly\" (mediation panel discussion), 2014. American Arbitration Association, \"The Employment and Labor Arbitrator\"s Code of Ethics,\" 2010. Atlanta Bar Association Advanced Employment Law Seminar, \"Negotiate, Mediate, Settle,\" 2010. American Bar Association Business Torts Journal, “When Are Otherwise Protectable Trade Secrets Not Shielded By Trade Secrets Law?” publication, 2006. The Seminar Group\"s 2nd Annual Labor and Employment Law Seminar, \"Mediation of Employment Claims,\" conducted mock mediation, 2005. Georgia ICLE 9th Annual Advanced Employment Issues Seminar, \"The Ten Most Common Employment Law Mistakes,\" written guidelines and presentation, 2004. Georgia ICLE 34th Annual Labor and Employment Law Institute, \"Selected Developments in Georgia Restrictive Covenants Law,\" 2004. Georgia ICLE 11th Annual ADR Institute and Neutrals\" Conference, \"Analyzing an Age Discrimination Mediation: Termination Tempest,\" 2004. American Corporate Counsel Association, Corporate Counsel Institute, \"Disputes Management: Facilitating Early Settlement of Litigation - An Outside Counsel\"s View,” paper and panel discussion, 2003. Atlanta Bar Association Dispute Resolution Section, \"Mediating at an Early Stage of a Dispute: Techniques to Increase the Likelihood of Settlement,\" 2003. Society for Human Resource Management, Southeastern Annual Conference, \"Managing an Employee Who Has Filed a Discrimination Complaint Against Your Company,\" written materials and presentation, 2003. American Bar Association Section of Labor and Employment Law, EEO Basics: “Trial Tactics,\" 2001. American Corporate Counsel Association, Georgia Chapter, \"What\"s Hot and What\"s Not in Employment Law: An Ounce of Prevention Is Worth a Pound of Cure,\" 2000. Georgia ICLE, \"Emerging Issues in Employment Discrimination Litigation, Recent ADA Cases from the Supreme Court,\" 1999. The Layman\"s Lawyer, weekly program on public television, \"The Family and Medical Leave Act,” 1999. Matthew Bender Continuing Legal Education and the Atlanta Bar Association, \"Psychiatric Disabilities Under the Americans with Disabilities Act,” 1998.

Awards

Inclusion in various years in U.S. News, The Best Lawyers in America; Who’s Who Legal USA – Management Labour and Employment; Who’s Who Legal USA – Arbitration; Georgia’s Legal Elite published by Georgia Trend Magazine; The Guide to the Best Attorneys in Georgia published by Atlanta Magazine; Georgia Super Lawyers.

Panels

American Arbitration Association Commercial and Employment Panels (both arbitration and mediation); International Centre for Dispute Resolution Seafarer Panel; FORUM Arbitration and Mediation

Associations

Fellow, College of Commercial Arbitrators; National Academy of Distinguished Neutrals; Georgia Academy of Mediators and Arbitrators; Georgia Arbitrators Forum; State Bar of Georgia (Dispute Resolution Section; Labor and Employment Section); Atlanta Bar Association (Dispute Resolution Section; past Board of Directors, Labor and Employment Section); Lamar Inn of Court (Past member; past Executive Committee); Federal Defender Program (Past member of Board of Directors; past President); Emory Law School Council (Past member).