Alternative Dispute Resolution
Representation of Fortune 500 Company in Nationwide Labor Arbitrations
Lead national labor arbitration counsel for Fortune 500 commercial fleet management, dedicated transportation, and supply chain solutions company; handling labor arbitrations throughout the country.
Representation of Financial Services Firm in FINRA Matters
Represented a financial services firm in multiple arbitrations before the Financial Industry Regulatory Authority (FINRA) against former employees, successfully obtaining awards on loans provided to the employees by the firm.
Successful Defense of Medical Device Products Liability Cases
Successfully defended and resolved hundreds of medical device products liability cases nationwide, through summary judgments, mediations, and informal settlement negotiations.
Defense Verdict for Construction Supply Company
Representation of a construction supply company in a wrongful termination action. We obtained a defense verdict in arbitration.
National Employer Wins Arbitration Claims Brought by Labor Union
Successfully represented a national employer in an arbitration involving a labor union that claimed our client's annual liability was near $8MM. The union alleged the company violated the parties' labor agreement by not increasing all of its wage scales in amounts equivalent to the legally mandated minimum wage increases. The case was complicated by bargaining history, distant and unavailable witnesses, and ambiguous contract language. The arbitrator ruled in favor of our client and denied the class action grievance.
Contractual Rights Enforced
Represented numerous businesses or individuals seeking enforcement of contractual or other rights, including a $1MM+ jury verdict for an unpaid architect in California, a $2MM+ jury verdict for an unpaid contractor in Nevada, defense of an improper $300,000 commission claim in a Nevada arbitration, and defense of an improper eviction attempt in a Colorado jury trial.
Successful Defense of Chemical Company Following Arbitration
Represented a chemical company being sued by its former CEO for severance and alleged deferred compensation totaling nearly $1MM. Following a trial over several days in private arbitration, the chemical company obtained a defense verdict on nearly all claims, only paying pennies on the dollar.
Tier I Automotive Supplier Wins Arbitration Claims Brought by Labor Union
Successfully represented a Tier I automotive supplier in a complicated contract interpretation arbitration. The issue litigated went to the heart of our client’s ability to manage its business under the union labor agreement. The union argued the company must first obtain the union’s agreement before changing work schedules. Without the flexibility to adjust schedules, our client risked either shutting down the customer’s assembly line or incurring millions in overtime costs to meet customer production demands. The arbitrator found in favor of our client, affirming management's right to unilaterally change the work schedule for the purpose of efficiently operating its production schedule.
Defense Verdicts for Automotive Dealerships Following Arbitration
Represented numerous automotive dealerships in unrelated breach of contract and breach of warranty actions. The cases were tried in private arbitration and resulted in defense verdicts.
Healthcare Franchisor Mediation
Represented healthcare franchisor in mediation over terms of franchise agreement.
Arbitration Award Includes Full Attorney's Fees
Obtained an American Arbitration Association award, which included full attorney's fees, in San Francisco against an investment banking firm that refused to refund deposits made by client.
Successful Resolution of Adjoining Property Owner's Illegal Use
Represented a property owner in a matter involving an illegal use of adjoining property that severely diminished the value of our client's property. Prior to our involvement, litigation had been ongoing for over two years. Once retained, we successfully resolved the controversy through alternative dispute resolution and negotiated payment of a substantial portion of our client's legal fees.
$4.6MM Arbitration Award for Financial Services Firm
Represented a financial services firm in an arbitration against two former employees, obtaining an award of $4.6MM against the employees on loans provided to them by the firm and complete denial of their counterclaims.
Arbitration in Favor of Manufacturer in Employment Matter
Represented a manufacturer in a four-day grievance arbitration over the termination of a long-term employee and union president for theft. The case involved extensive use of surveillance footage and electronic package tracking data. We obtained an award in favor of the company and upholding of the termination.
Alternative Dispute Resolution
As a certified mediator, our representing attorney successfully resolved a number of claims and lawsuits in this form of alternate dispute resolution.
Successful Defense of Age Discrimination Case
Successfully mediated an Age Discrimination in Employment Act case filed in the Southern District of Illinois Federal Court on behalf of our client. Plaintiff’s original demand to the EEOC was $1MM. The case resolved at mediation against all defendants for less than 10% of that amount with our client paying nothing.
Successful Defense of Tier I Automotive Supplier in Overtime Wages Claims
Representation of a Tier I automotive supplier where we obtained dismissal of two plant-wide grievances for a year of past overtime wages, saving the company over $500,000 in potential back pay, and more in future overtime had the grievances been sustained by the arbitrators. To achieve the result, we successfully persuaded the arbitrators that the company's years of erroneous past practices in paying overtime was not binding.
Mediated a four-year-old litigation matter by assisting the parties in reaching a resolution of the issues that had kept them from settling in two previous mediation attempts.
Defense Verdict in Real Estate Dispute
Representation of an individual in a real estate dispute where we obtained a defense verdict in arbitration and received an award of attorney's fees and costs incurred in defending the action.
$2.7MM Awarded to Investor on Fraud Claim
Represented an investor before a three-member American Arbitration Association panel in New York City. Our client was awarded over $2.7MM, which included a finding of fraud by the brokerage company regarding investments in businesses prior to an Initial Public Offering.
Defense Verdict and Attorneys' Fees Awarded to Manufacturer in Sales Representative Matter
Represented a manufacturer and supplier of conveyor systems, principally for use in the automotive industry. Our client’s former sales representative filed suit alleging millions of dollars of commissions, plus seeking doubling of damages, attorneys’ fees, and costs under the Michigan Sales Representative statute. After weeks of arbitration hearings, our client was awarded a full defense verdict of no liability, as well as being awarded its own attorneys’ fees and costs. The former sales representative challenged the award in court, but lost both in the lower court and in the appellate court.
Successful Representation of Partners
Successfully represented partners in a two-day American Arbitration Association hearing that effectively dismissed the million-dollar claims of the former 50% owner's son and terminated the son's management of the business in favor of his partners.
Successful Representation of Municipality in Pension Benefits Arbitration
Represented a large municipality in an arbitration over a grievance that sought to increase retiree pension benefits by several million dollars annually. We obtained an award in favor of the municipality denying the claim for increased benefits.
Representation of Public University
Successfully represented a public university in an interest arbitration against the Fraternal Order of Police (FOP) with respect to a multi-year collective bargaining agreement.
Successful Arbitration for Financial Services Company Against Defecting Employees
Represented a financial services company in a multi-week arbitration against a group of employees who defected to a competitor, obtaining a high-six figures award against the employees and their new firm and denial of all counterclaims.
$3.8MM+ Arbitration Award
Represented a company where we obtained a $3,875,000 arbitration award after a 12-day arbitration hearing in front of a three-person American Arbitration Association panel. Our client successfully alleged that a large publicly traded company improperly pulled business away from our client and brought it in-house. The verdict was obtained despite the panel knowing that, on the first day of arbitration, our client would have accepted a settlement of less than $2.9MM.
Successful Defense of Startup Company
Successfully defended a startup company in an arbitration brought by its former VP of sales, defeating his claim for unpaid compensation and obtaining an order nullifying his stock rights, and later defeating his attempt to vacate the award in federal court.