ADR ISSUES/EXPERIENCE
The range of issues handled in her ADR practice under various institutional and ad hoc
rules either as an arbitration panel chairperson, panel member, or solo arbitrator, include the following issues:
ADR REPRESENTATIVE MATTERS
- Claim of breach of contract and misappropriation in matter involving family-held corporation where president has passed and remaining members are disputing assets and control of operation.
- Claim of malpractice claims against law firm/partners by clients claiming losses.
- Dispute over matter regarding alleged oral contract and fraudulent inducement where executive departed large firm to join start-up and did not receive expected financial support.
- Alleged breach of contract regarding a joint venture to develop international telecommunication syndicated programming in Spanish.
- Claims regarding current ownership and copyright matters concerning music that arose from a
handwritten contract executed by a well-known Motown group nearly fifty years ago.
- Alleged breach of contract by CEO and CFO who resigned without following the
contractual notice procedures in their respective contracts.
- Claims by professional football players concerning ability to collect workers' compensation in another state other than that named in their individual contracts.
- Alleged breach of contract by proprietary trader who claimed company failed to provide trading platforms and technology support never materialized, thereby impacting profits.
- Question whether an equity redemption issue was subject to the arbitration clause of a separate arbitration agreement or to the language of the management equity plan/shareholders plan.
- Claim of civil RICO and related violations when executive terminated for alleged misappropriation,
theft of trade secrets and breach of fiduciary duty.
- Alleged breach of oral contract when U.S. international bankers-traders did not receive the same bonuses from a pool as that of their counterparts in European market.
- Claim of breach of contract by in-house general counsel of an international fashion design corporation who claimed retaliation for the reporting of sexual harassment claims by employees .
- Alleged breach of contract when national public relations agent terminated for cause and counterclaimed race discrimination by the company's CEO.
- Breach of contract claim by financial executive alleging oral contract, fraud, promissory estoppel, national origin discrimination, when not promoted to president of subsidiary
- Alleged breach of contract when partner challenges his removal from agreement concerning the operation of a ski chalet.
- Claim of breach of contract for misappropriation and duty of loyalty, among others when corporate officer claims an embargoed shipment had been diverted by his partner to different port by secretly split profits with shipper/seller.
- Claim of real estate CFO that CEO fraudulently induced her to sign agreement and move across county.
- Threshold issue of choice of law/forum (domestic & international) whereby decision turned on whether employment agreement under Dutch law or arbitration agreement under NY law controlled.
- Research scientists allege breach of contract under ERISA following pharmaceutical company computation of payout following change in control.
- Claim of breach of contract by CEO whose agreement was pursuant to Delaware law.
OTHER PRACTICE AREAS
Employment Contract Issues:
Individual and multiparty claims of discrimination, including sex, race, age, national origin, religion, disability, pregnancy), retaliation, sexual harassment, hostile work environment, ADA, ADEA, OWBPA, EEOC, FMLA, FLSA wage-and-hour and ERISA claims under Plan Committees, OSHA, SEC, RICO/money laundering, CFAA, NYC Civil Rights Act and NYS Civil Rights Act, New York Executive Law, health insurance, RIFs, equitable defenses, affirmative defenses,
Securities/Financial Institutions:
International commercial banking and investing, securities trading, risk specialists, equity redemption issues, book of business, proprietary trading, day trading, trading platforms, hedge funds, London Stock Exchange, credit management, fixed income securities and commodities, derivatives and financial products development, business development, options trading, electronic real-time news/content to business distributors.
Entertainment/Technology:
Professional football disputes, music rights, ownership, product endorsement, public relations/crisis communications/agents, international telecommunications rights, syndicated television programming venues, publishing, web development/engineering design, newspapers, choice of law, forum selection, workers compensation, trade secrets, copyright, trademark, goodwill, websites, CFAA.
Dissolution of Partnerships Impact of "best interests of partnership" when dissolution of partnership involving commercial ski property/medical or law practices/nursing homes implicating issues of certified asset valuation, breach of representations and warranties, trust and estate issues of family-held and operated corporation following death of owner-principal.
.
