Neutral Profile

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JILL R. SPERBER, ESQ.

  • Based in Orange County, available Nationwide
  • Mediation Only

Introduction

For the last several years, Jill Sperber has practiced full-time, as a neutral in the Irell & Manella Alternative Dispute Resolution Center headed by Former U.S. District Court Judge Layn R. Phillips. During this time she served as a mediator, arbitrator, co-mediator, and liaison on several arbitration panels. She has played an integral role in the resolution of more than five hundred disputes with settlements ranging from five to ten figures. Relying heavily on her business and legal acumen, she can facilitate creative and equitable resolutions, often restoring the parties' confidence and saving future business relationships. Prior to her work as a neutral, Ms. Sperber litigated high-stakes, complex business disputes for nearly a decade with Cleary Gottlieb Steen & Hamilton and then later with Irell & Manella. Consequently, she appreciates the costs, risks, and potential rewards of trying cases. Moreover, having served as a law clerk both at the District Court and Ninth Circuit, she is able to gauge how a fact-finder will likely respond to procedural, jurisdictional, and factual issues.

Her private dispute resolution experience encompasses a wide variety of commercial disputes including anti-trust, class action, derivative, employment, multi-district litigation, intellectual property, insurance coverage, securities, subprime lending, real estate, and bet the company type matters. Through the use of pre-mediation phone calls and thorough preparation, Ms. Sperber makes sure that the parties get the most out of each session. If for some reason a settlement cannot be achieved in the short run, she tenaciously follows up with counsel and parties, monitors litigation developments, and continues to explore any and all settlement windows. Ms. Sperber commented, "Unlike the parties who have been living with these issues, as the neutral, I am just getting a glimpse into the dispute. As such, my preparation goes beyond the review of the parties' submissions and typically includes pre-mediation conferences with counsel and the parties to ensure we all are best prepared for the mediation session."

Practice Areas

Experience Summary

Ms. Sperber's background in ADR includes significant experience in numerous business and commercial areas of law, including anti-trust, contractual, fraud and embezzlement, misrepresentation, loss of business, business partnership dissolution, fiduciary duties, transaction disputes, banking and finance related issues, and various other complex commercial types.

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Hobbies & Interests

Ms. Sperber enjoys spending time with her husband, two young children, and an active dog, as well as running, biking, hiking, and baking. She is proficient in Spanish.

Website

http://sperberdisputeresolution.com/

Testimonials

"Persevering and outstanding."
- Attorney on an Employment Labor Code case

"Jill's effort was amazing in moving the parties to contemplate compromise and she understood all the positions."
- Attorney, Irvine, CA

"I wanted to thank you again for all your efforts in working to achieve this case’s resolution. You really went the extra mile and it is greatly appreciated. "
- Attorney on an Employment PAGA matter

"She is a rock star, and that's an understatement, I was impressed with everything about her, her skill, her charm, her brutal honesty, her intelligence, she's is a real mediator, she has found her calling. Case settled, but I would feel the same even if it didn't. "
- Attorney on a Product Liability Dispute

"Jill did an excellent job in overseeing and driving a difficult mediation. She kept the parties on track and was proactive in following up after the mediation to achieve a successful resolution. I would definitely use Jill in the future. "
- Attorney on a Privacy Act Class Action case

"Thanks for your efforts to bring this to a close. I was impressed by your effectiveness and perseverance."
- Attorney on an Employment Wage & Hour Class Action matter

"Thank you very much for your efforts yesterday on a case I really did not think we would be able to settle given the many obstacles."
- Attorney on a Business/Contractual Fraud Dispute

"I was quite surprised that she was able to resolve this matter and I am particularly appreciative of her tenacity."
- Attorney on an Insurance Coverage Dispute

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Experience Summary

ANTI-TRUST

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Ms. Sperber has been involved in the mediation of a variety of anti-trust matters, some of which concerned the airline industry, the automotive industry, the banking and financial services industries, the healthcare industry, horse trading and racing, the insurance industry, the technology industry, the travel industry, as well as other commercial industries.


BUSINESS/CONTRACTUAL

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Ms. Sperber has considerable experience working as a neutral on contractual disputes in the business arena. Ms. Sperber has served in a neutral capacity to resolve a wide array of contractual disputes in a variety of business sectors.


BUSINESS CONTRACTUAL FRAUD

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Ms. Sperber has been involved in many alternative dispute resolution processes involving business fraud claims. A sampling of some of these matters included:


FRAUD & EMBEZZLEMENT

Ms. Sperber has served in a neutral capacity on a number of matters including disputes involving director, officer, and executive management allegations and fraud in the inducement allegations.


BUSINESS FRAUD & MISREPRESENTATION

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Ms. Sperber has been involved in many mediations where business fraud and misrepresentation claims were disputed. Some of these matters concerned:


LOSS OF BUSINESS

Ms. Sperber has been involved in a number of ADR matters where loss of business allegations were made, including a recent matter stemmed from IT outsourcing agreement.


BUSINESS PARTNERSHIP DISSOLUTION

As a neutral, Ms. Sperber has served in a neutral capacity in a variety of ADR matters where dissolution was sought, dissolution terms were at issue, and/or involuntary dissolution claims arise.


FIDUCIARY DUTY

Business tort allegations have regularly been involved in the ADR matters in which Ms. Sperber served in a neutral capacity. Many of these matters were in the financial services industry, including accounting, securities, and tax shelter related claims. Other matters have concerned professional liability and general fiduciary duty claims.


BUSINESS TRANSACTIONAL DISPUTE

A number of the ADR matters in which Ms. Sperber served in a neutral capacity have stemmed from transactional disputes including mediations in connection with M&A litigations.


COMPLEX COMMERCIAL

The majority of Ms. Sperber's ADR experience has been in the complex commercial arena. She regularly has served in a neutral capacity in multi-party ADR disputes. Many of these ADR matters have included complex insurance disputes, looming and/or ongoing regulatory investigations, conflicting perspectives and objectives of co-parties, critical timing considerations due to competing interests, dwindling assets, or imminent changes in corporate structure or party circumstances, trust and bankruptcy issues, unique business considerations and so on.


BANKING AND FINANCE

Ms. Sperber has regularly served in a neutral capacity in banking and finance disputes. Some of these matters concerned accounting and auditor disputes, disputes among and between venture capitalists, lending institution disputes, and bank and investment fund failures. She has been involved in the settlements of some of the largest bank failures, including many of the financial services institutions and their shareholders impacted by the financial crisis of 2008. Ms. Sperber's neutral experience includes subprime and credit crisis-related ligations as well as regulatory matters. Parties to such matters have included individuals, financial institutions, regulatory agencies, trustees, and insurers.


BANKING FORECLOSURE DISPUTE

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Ms. Sperber has handled a variety of banking and finance disputes. Lending terms and failure to comply with such terms were alleged in some of these financial services disputes. Recently, one mediation also included robosigning allegations. She also has considerable experience in the mortgage-backed securities arena. Ms. Sperber is knowledgeable about lending, banking, and foreclosure issues.


SECURITIES

Ms. Sperber regularly has served in a neutral capacity in securities and derivative actions. These securities actions have included class, opt-out, and individual plaintiffs and included claims against institutions and individuals alike. She has worked on some of the most complex and high-profile actions, including many backdating and mortgage back securities litigation matters. Ms. Sperber is incredibly well-versed in the securities and derivatives litigation arena and experienced in the resolution of related insurance disputes. She deftly helps parties with the negotiation of corporate governance reforms. The monetary settlements in which she has been involved range from 5 to 10 figures.


SECURITIES CLASS ACTION

Ms. Sperber has regularly served in a neutral capacity in securities class action matters. These matters have included Section 1933 and Section 1934 claims, such as fraud and misrepresentation claims, control personal liability claims, insider trading, Sections 11, 12, and 15 claims, as well as Section 10(b) and Rule 10b-5 claims and Sections 14(a) 20(a) and 20(A) claims. She is skilled at working on multi-party matters and is familiar with the related regulatory, business, and insurance issues that frequently arise in connection with and/or in relation to these types of disputes. Mediated settlements have ranged from five to ten figure resolutions.


CONSUMER CLASS ACTION

Ms. Sperber is experienced in the resolution of consumer class actions. She has been involved in a neutral capacity in the resolution of significant wage and hour and discrimination class action matters. She also has served in mediations of consumer claims that included anti-trust, contract, marketing, privacy, and tort claims, including actions concerning fees, quality of services, product claims, and TCPA allegations across industries like cable, credit card, energy, finance and lending, technology, and telecommunications.


DIRECTOR/SHAREHOLDER/DERIVATIVE

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Ms. Sperber has extensive experience mediating shareholder, derivative, and/or director/officer disputes. She has served in a neutral capacity on nearly a hundred shareholder actions, including some of the most significant resolutions over the last six years, including matters concerning back-dating, bank and financial institution failures, and mortgage backed securities.


Legal Career

  • Neutral, Judicate West (Nationwide 2014-present)
  • Neutral, Alternative Dispute Resolution Center, Irell & Manella, LLP (Newport Beach, 2010-2014).
  • Litigator, Irell & Manella, LLP (Newport Beach, 2005-2010).
  • Litigator, Cleary Gottlieb Steen & Hamilton LLP (New York, 2000-2004).
  • United States Court of Appeals for the Ninth Circuit, Clerk for Hon. Ferdinand F. Fernandez (2004-2005).
  • United States District Court for the Central District of California, Clerk for Hon. Gary L. Taylor (2001-2002).
  • United States District Court for the Southern District of New York, Intern for Hon. Leonard B. Sand (1998).

Education & Professional Affiliations

  • J.D., Columbia Law School, Harlan Fiske Stone Scholar & Columbia Business Law Review (2000)
  • B.A., University of North Carolina, Chapel Hill (1996)
  • American College of Civil Trial Mediators, Fellow (2014-Present)
  • American Bar Association, Member
  • Admissions: CA, NJ, NY, U.S. Court of Appeals, Ninth and Federal Circuits, U.S. District Court, Central District of CA, U.S. District Court, Eastern District of Michigan, U.S. District Court, Eastern and Southern Districts of NY.

Achievements & Awards

Legal Experience

  • Bet-the-Company Disputes
  • Business/Commercial
  • Antitrust
  • Class Actions & Multi-District Litigation
  • Contract Disputes
  • Derivative Disputes
  • Financial Matters (accounting, banking, brokerage firms, regulatory agencies, trustees, & underwriters)
  • Insurance Coverage
  • Regulatory Matters
  • Securities Actions
  • Employment
  • Intellectual Property
  • Real Estate
  • Tort

Representative Case Information

Recent Representative Cases

Business/Commercial

Banking/Finance

  • Meditated multiple claims and counterclaims between financial lender and borrowers, which included individuals and trusts, where liens, bankruptcy, creditor priority, and other contractual terms were at issue.
  • Mediated wrongful foreclosure, breach of contract, breach of good faith, negligence, and UCL violations alleged by former mortgage holder whose home was sold in foreclosure by a major banking institution. The matter had been litigated and re-litigated through trial and appellate courts.

Breach of Privacy

  • Mediated putative class action alleging violations of CIPA (Sections 632 and 632.7) against international restaurant chain.
  • Mediated CIPA (California Invasion of Privacy Act) class claims wherein a beauty product provider failed to warn of recording of telephone calls during the COVID-19 pandemic.

Complex Commercial

  • Mediated complex multi-party, multi-jurisdiction business and personal disputes. Some of the business issues concerned disputes about investment and ownership interests, fraud and contract claims, defamation and business tort claims. Family law issues included putative spouse, contested pre-nuptial agreement terms, and restraining order terms.
  • Mediated a dispute among two medical device companies arising from failed merger efforts wherein a host of intellectual property, FDA approval, and funding issues were the basis of the parties' claims and counter-claims, which included breach of contract, trade disparagement, fraud, and breach of good faith and fair dealing claims.
  • Mediated shareholder dispute of closely held business owned by family involving contentious allegations that included breach of fiduciary duty, misappropriation, fraud, elder abuse, and other breaches under the business and professions code wherein the parties sought creative solutions to address share redemption, structure buyout terms, and implement various conditions to establish confidentiality, non-compete, and audit protocols.
  • Mediated contract, negligence, warranties, receipt and statutory claims (e.g., 21 CFR 117, Bus. Code 17500) between manufacturing company and consumer food producer.

Consumer Class Action

  • Has mediated dozens of consumer class action disputes, including nationwide and state-wide disputes with issues arising under both federal and state law. (See Federal Matters tab for more examples of representative matters involving federal law.) Many have involved issues surrounding breach of contract and warranties, false advertising and misrepresentation claims, unfair competition, common law fraud, consumer fraud claims, consumer privacy issues, consumer protection acts, deceptive and unfair trade practices, unjust enrichment, negligence, and general business claims, and have implicated, among other statutory provisions, California’s Unfair Competition Laws (UCL), California’s Consumer Legal Remedies Act (CLRA), California’s False Advertising Law, Cal. Civ. Code 1750, and Cal Bus. & Prof. Code 17200. These have included matters where parties have sought injunctive relief, corrective advertising campaigns, restitution, monetary damages, or assistance in settling disputes over allocation of common funds, as well as some disputes requiring the consideration of intricate insurance coverage issues. These disputes have arisen in a wide array of industries, such as national and international retailers, including fully web-based retailers; luxury goods producers and retailers; clothing retailers; kitchen and home appliance manufacturers and retailers; car manufacturers and dealerships; commercial airlines; private label manufacturers; magazine publishers; food and beverage manufacturers and distributors; food packagers; health and wellness companies, including supplement producers; cosmetics, beauty, and skin product manufacturers and retailers; pharmaceutical and biotech companies, including as to medications for children and infants; homeopathic product producers; technology companies; nursing and medical facilities; colleges and universities; online subscription services; national service companies, including companies providing national outreach services; finance and banking industries; and many others.
  • Mediated derivative class action against a bio-company's directors and officers alleged to have failed to uphold necessary corporate practices in connection with the transfer of parent company's assets to subsidiaries, shares allocated by subsidiaries to fellow executives and executives' spouses, and subsidiaries' transactions contemplated and/or conducted with alleged related parties.
  • Mediated consumer privacy class action alleging violations of state statute in connection with a publisher’s alleged improper disclosures of direct magazine subscribers’ private information.
  • Mediated class action against skilled nursing facilities wherein certified class plaintiffs claimed CLRA, Cal. Health & Safety Code Section 1430(b), and Cal. Health & Safety Code Section 1599.1 claims.
  • Mediated job applicant's putative class action against national company for violations of the Fair Credit Reporting Act in connection with performing background checks on job applicants.
  • Mediated allegations concerning ALPR statute (CA Automated License Plate Reader Act), UCL, and other privacy violations.
  • Virtual mediation of putative class claims concerning Non-Sufficient Funds Fees ("NSF") against a financial institution, including breach of contract, breach of good faith and fair dealing, unjust enrichment, and violation of California's Unfair Competition Law ("UCL"), wherein the financial institution contended adequate disclosures were in place and moreover there were arbitration clauses and class waivers at issue.
  • Mediated class claims concerning "pay to play" fees in connection with mortgage collection services wherein allegations included California's Rosenthal Fair Debt Collection Practices Act (RFDCPA), violations under sections 1788 (regarding false statements, the inclusion of debt collection fee for service, & unfair debt collection process), and UCL unfair competition claims.
  • Mediated putative class action in connection with call-recording, wherein the class's agreement to forum selection could potentially eliminate the application of CIPA (California Invasion of Privacy Act) and competing challenges regarding the application of Penal Code 632.7 to parties and non-parties as well as pre-emption challenges were undecided.
  • Mediated hundreds of multi-individual plaintiffs' claims against multi-level marketing business for clothing sales wherein the individuals claimed pyramid scheme contentions concerning Seller Assisted Marketing Plan ("SAMPs"), URL claims, and the like wherein certain claims were ordered to arbitration.
  • Mediated class-wide, heavily litigated CMIA claims in connection with a non-profit healthcare provider, wherein an allegedly criminal third party network was involved.

Contractual

  • Mediated dispute between research and pharmaceutical development company and former investor wherein investor alleged fraud and breach of contract against nearly a dozen individual directors and officers and research company and company cross claimed for breach of contract and fraud against investor and ousted inventor and former director.
  • Mediated multi-party dispute between landowner and former tenant concerning contractual obligations for the removal of underground pipes, where the governmental entity that owned the property had a long-term lease with another party, and the lease terms were relevant to the pipe removal process.
  • Mediated breach of contract dispute concerning services provided to university that also involved issues concerning regulatory challenges.
  • Mediated breach of contract dispute between a recycling materials broker and a recycling collection and processing company wherein materials were sent and received internationally.
  • Mediated allegations for breach of contract and fraud by hotel franchisee against furniture manufacturer in connection with remodel that was required to adhere to franchisor's design specifications.
  • Mediated arbitration breach of contract [e.g., MSA/SOW], misrepresentation, and fraud claims and counter-claims between technology service & consulting companies in connection with the design and implementation of a data center infrastructure and related technologies.
  • Mediated claims of violation of non-solicitation agreement, defamation, misuse of trade secrets, intentional interference with economic advantage, and unfair competition by brokerage firm against former employees and a competitor company.
  • Mediated contractual and tort claims in dispute between medical services provider and company hired to design, implement, and service its internal computer and online programs for inputting, storing, and conveying highly sensitive data.
  • Mediated arbitration and court breach of contract and unjust enrichment claims as well as business tort (including fraud) and contract counterclaims between supplier and former distributor involving a variety of agreements concerning the calculation of commissions and installment payments.
  • Mediated breach of contract claims between couple and one party's children as well as business owner's personal bookkeeper wherein the couple disputed Marvin claims and contentions surrounding marriage proposals (or non-proposals) and additional claims were alleged against one partner's children for their receipt of funds/services/products and use of family credit cards as well as claims by same partner against his personal bookkeeper.
  • Mediated breach of contract and negligence claims and counterclaims among a rancher who renders and distributes exotic meats and a co-packer and food manufacturer involving a USDA recall.
  • Mediated breach of contract and tort claims and counterclaims between vendor and warehouser concerning storing, packaging, and shipping dispute issues involving retailer chargebacks and warehouse services.
  • Mediated multi-party claims and cross-claims in connection with asset purchase wherein both bank and equity firm lenders also had claims against purchaser and seller in addition to the purchaser's and seller's claims and cross-claims.
  • Virtual mediation regarding misrepresentation, inducement, and contract claims by the employer against payroll and human resources subcontractor in connection with PAGA and related wage claims that were resolved with employee class.
  • Mediated breach of contract and latent defect claims in connection with metal construction and heating implements.
  • Mediated claims among former family friend, decedent's current spouse, and decedent's child in connection with alleged personal and business loans entered under a written loan agreement, and alleged theft of consigned artwork.
  • Mediated breach of the covenant of good faith and fair dealing, misrepresentation, and negligent investigation in connection with private school's expulsion of students after an alleged violation of student handbook.
  • Mediated breach of contract, misrepresentations claims, and other fraud claims against mortuary and embalmer wherein the wrong corpses were used for wake and funeral.
  • Mediated breach of contract and fraud in the inducement allegations between supplier and customer regarding COVID-19 Pandemic-related products and services.

Corporate Governance

  • Mediated hostile shareholder action by multiple shareholders alleging numerous violations by directors, officers, and executives of medical device company, including fiduciary duty, fraud, misrepresentation, and state code violations.
  • Mediated individual and derivative claims by minority professional investors against majority investors in connection with the transfer of intellectual property and loans by company to other companies held by majority investors.
  • Mediated investor's claims (individual and derivative) in connection with salaries paid, misappropriation, misrepresentation, mismanagement, fraud, and the like wherein multiple institutional investors had ownership percentages and investor invested at the company and the investment vehicle levels.
  • Mediated claims by original business employee-stockholders regarding dispute over their earnout payment after business's acquisition.
  • Mediated minority shareholder claims for theft, misappropriation, breach of duty, and books and records wherein the defense contended the plaintiff was not a shareholder but a discharged lender.
  • Mediated failed business partners' claims for shareholder distributions and/or business valuation in connection with parties' engagement with COVID testing services.

Fraud/Misrepresentation

  • Mediated claims by original inventor and entrepreneur against former company and business partners for fraud and conversion stemming from use of his credit card to fund businesses’ operating expenses and wherein company asserted forthcoming counterclaims for misappropriation of client payment as well as other fiduciary duty breaches.
  • Mediated exporter's fraud and conspiracy claims against companies and individuals involved with freight shipment arrangements in connection with customs valuations that resulted in the incarceration of the individual plaintiff as well as other international financial consequences for plaintiff company.
  • Mediated alleged claims of misrepresentation in connection with the sale of equipment to a restauranteur who contended loss on a buildout, long-term lease, and lost profits as well as reputational damage.
  • Mediated fraud, negligence, contract and other tort claims against business consultant/insurance broker/financial advisor by individual business owners whose employment characterization and other financial investments failed.
  • Mediated IFPA (Insurance Fraud Protection Act) claims on behalf of former medical patients and the State against a doctor as well as an individual's defamation claims.
  • Mediated individual claims of fraud, lockout/tagout, misappropriation as well as derivative claims on behalf of closely held company wound down without one partner's consent as well as cross-claims for theft, misappropriation, fraud, and other claims involving former friends and business partners where a few partners continued the business without an original founder.
  • Mediated fraud, negligence, and statutory claims against lender and ex-spouse/ex-business partner in connection with property transfers and lending before, during, and after divorce proceedings.
  • Mediated company's claims against former managers and CPA alleging fraudulent transactions, misappropriation, breach of duty and the like, wherein CPA was alleged to have aided and conspired with managers in exchange for other business opportunities.
  • Mediated company and company investors' claims against business deal partner-company and individual owners of the same wherein the original company was EB-5 funded.
  • Mediated claims for fraud, theft, and interference with economic advantage by a company against an executive alleged to have stolen and resold the product at a discount online as well as counterclaims for harassment and wage and hour violations.

Securities

  • Mediated claims and cross claims between private equity firm, brokerage firm, clearing house, and company involving microcap securities, equity purchase agreement, stock purchase agreement, and related transactions wherein the parties alleged various contract, tort, and statutory claims and counter-claims.
  • Mediated attorneys' fees and cost award in connection with securities class action matter filed in Delaware state court.
  • Mediated securities class action and derivative claims against a large, privately-held company in the medical industry.
  • Mediated former executive's securities, contract, and fraud claims against company in connection with his severance package, including stock options.

Cannabis

Cannabis Breach Of Contract

  • Mediated breach of contract and tort claims and counter-claims concerning development, sale, and marketing of trade secret and patent protected cannabis and hemp formulas.
  • Mediated joint venture members dispute regarding cannabis business development, cultivation, and distribution related claims wherein cannabis industry issues were dominant and production, valuations, and other business and regulatory issues were also in dispute.

Cannabis Industry

  • Mediated cannabis-related claims among government groups, non-profits, and local residents allegedly affected by facility practices wherein claims included trespass, interference, and other allegations regarding the diminution in property values and personal injury claims.

Construction

Construction Breach Of Contract

  • Has resolved numerous contentious disputes between homeowners and contractors in connection with remodels and other construction projects, where the CLSB (Contractors State License Board) was involved.
  • Mediated contentious construction defect action that included claims for breach of contract, negligence, breach as third party beneficiary, breach of express warranties, breach of implied warranties, unjust enrichment and recovery against license bond.
  • Mediated multiple state court actions involving claims and counter-claims concerning breach of contract, failure to perform, negligent hiring and supervision, as well tortious interference with a contract, between a subcontractor and a national builder and manager of residential properties.
  • Mediated contract claims among owner, designer, engineer, and general contractor against subcontracted rough wood worker and steel companies in connection with stress test failures and required retrofit work of a large commercial property.
  • Mediated dispute by general contractor against multiple vendors for structure's failure and repair.
  • Mediate multi-party construction dispute concerning quality of work and responsibility of repairs of same, as well as counter-claims for outstanding A/R.
  • Settled claims between homeowner and former general contractor including affirmative contract and anticipatory breach claims as well as counterclaims regarding negligence, breach of contract, breaches of warranty, disgorgement, and fraud in connection with contracted services as well as residential construction quality and issues in connection with the CSLB.
  • Mediated breach of new home construction contract and statutory duties wherein the building's footprints, rough construction, and easements and covenants were at issue.
  • Mediated contractual dispute between general and subcontractor in connection with public project for the government.
  • Mediated subcontractor and wholesaler's dispute, which included a mechanic's lien and breach of contract claims in connection with a multi-million dollar commercial construction project.
  • Mediated claims by luxury homeowners and the subrogated claims by its homeowner insurance company against builder and plumber in connection with claims concerning defective piping and significant water damage to their custom, high-value home.
  • Mediated claims and counterclaims between general contractor and luxury real estate developer regarding alleged defects, delays, self-help, misappropriation, and failure to compensate where mechanic lien and claims were pending in state court. During arbitration proceedings, underlying issues including insurance coverage-related issues arose.
  • Mediated claims and counterclams against developers of apartment building. Each contended the other breached their duties and tried to trigger a buyout, but simultaneously were creating management-related claims that would make both managers vulnerable to investor shareholders' claims.
  • Mediated a plethora of construction defect claims by HOA that included re-do in connection with alleged defective repair/reconstruction to stairs, carports, and other areas of condominium complex as well as related insurance coverage issues.
  • Mediated HOA and tenant claims against a contractor for breach of contract and negligent repairs.
  • Mediated construction defect, breach of contract (claims and counterclaims), and loss of rental income in connection with a luxury property on an exclusive golf course.

Employment

Breach of Contract

  • Mediated multi-party employment breach of contract and confidentiality action as well as counterclaims for disparagement, defamation and slander, and interference with business.
  • Mediated employment dispute including claims for breach of written contract, breach of covenant of good faith and fair dealing, wrongful termination, failure to pay compensation upon termination, unjust enrichment, and unfair business practices.
  • Mediated breach of contract defamation claims by former executive whose allegations concerned his rights to exercise vested stock options and the terms of his separation from the company.
  • Mediated technology and social media co-founder's employment and equity claims against co-founder and company.
  • Virtual mediation of multiple plaintiffs' individual actions alleging a pyramid apparel scheme based on employment (consultant/employee) claims, contract claims, as well as failure to reimburse for business costs.
  • Mediated partner dispute wherein an employee also believed they were operating and working in a partner capacity to share in profit generation, but no final formal agreement was memorialized.
  • Mediated claims by a former employee-shareholder against the company following IPO-related announcements regarding a lock-up release and other considerations for share conveyance.

Discrimination

  • Mediated civil servant employment action alleging equal pay, discrimination (age, gender, religion), and retaliation claims, including complex damages analysis as to salary increases and retirement (CalPERS) benefits.
  • Mediated employment dispute involving appeal of administrative hearing and simultaneous state court harassment, discrimination, and retaliation claims by SLP against school district.
  • Mediated an employment dispute including discrimination, retaliation, and breach of privacy claims, by professor against university in connection with university's disciplinary process and internal investigation process.
  • Mediated male plaintiff's claims of sexual harassment, assault, discrimination, and retaliation against superior and company.
  • Mediated employment claims involving long-term teacher and district wherein teacher had claims pending in state court, DFEH, PERB, and arbitration, which were pending for many years.
  • Mediated educator's claims for economic damages, emotional distress, and fees and costs in connection with discrimination, violation of Education Code Sections 48907 and 48950, and violation of Labor Code Section 1102.5 claims.
  • Mediate age discrimination claims by longtime sales representative who alleged manipulated territories and other internal practices in order to force a resignation.
  • Mediated long-term employee's gender and retaliation claims against non-profit organization.
  • Mediated FEHA disability claims against national bank wherein plaintiff alleged that the employer failed to engage in the interactive process and/or accommodate mental health related issues, with both sides arguing to what extent COVID-19 circumstances compound the allegations.
  • Mediated current employee's racial discrimination claims alleging severe oral comments and slurs as well as posting of offensive pictures wherein plaintiff was not relieved from working with co-worker who was determined to have engaged in the alleged misconduct.
  • Mediated age and disability discrimination and retaliation claims by a former employee who was in those protected classes at the time of hire and elevation where alleged discriminatory actors were uninvolved with former employee's termination.
  • Mediated religious discrimination and retaliation claims where company and consultants allegedly were using religious beliefs to structure business and also as an effort to convert and promote converts to the detriment of others.
  • Mediated gender discrimination and pay equity claims by female engineer against long-term employer.
  • Mediated race discrimination claims by staff engaged as members of the learning institution's diversity and inclusion program.
  • Mediated eve of arbitration discrimination, retaliation, and wrongful termination case after national employer failed to provide several weeks extension of family medical leave.
  • Mediated long-term county employee's claims of racial and disability discrimination and retaliation for perceived protected action.
  • Mediated racial discrimination claims and wrongful termination claims against retailer wherein the former employee reported attacks with KKK attire and use of language with racially discriminatory innuendo.
  • Mediated discrimination claims concerning failure to engage in the interactive process and wrongful termination in connection with termination during medical leave.
  • Mediated disability discrimination claims wherein the employer recognized a wrongful termination but the employee alleged too much distress from the termination by the time the reinstatement was proposed.
  • Mediated race and failure to accommodate claims for a long-term employee whose employer allegedly failed to engage in the interactive process.
  • Mediated wrongful termination and disability discrimination claims by trainee employee wherein the employer had been more lenient with leaves and absences earlier during the employment period and the employee contended that the requests for time off included disclosure of medical issues warranting further engagement in the interactive process.
  • Mediated harassment, gender discrimination, hostile work environment, and constructive discharge claims by long term night shift employee wherein allegedly her complaints about a male co-worker were considered to be lies and gossip and her replacement's corroborations of continued mistreatment, notice to the company, and failure to respond had so many similarities that law enforcement ultimately took action before the company.
  • Mediated claims of sexual harassment (same-sex), sexual discrimination, age discrimination, and retaliation alleged by independent service crewman who worked offsite with pairs.
  • Mediated former city employee claims of racial and disability discrimination.
  • Mediated wrongful termination and discrimination claims in connection with FMLA time taken when spouse became terminally ill after former employee had worked with the now well-established company from its start-up, and despite a lack of formal education, had been promoted to a top-level role.
  • Mediated age discrimination, retaliation, and wrongful termination claims wherein defendants included workplace, franchisor of a staffing agency, as well as a franchisee of a staffing agency, and individual owner.
  • Mediated a case involving discrimination and failure to engage in the interactive process, as well as a constructive termination.
  • Mediated claims of employment discrimination in connection with disability, interactive process, and complaints about hostility, as well as retaliation, hostile work environment, and possible constructive termination claims.
  • Mediated claims for race discrimination and wrongful termination wherein the insurance carrier was interested in a settlement opportunity, but the insured preferred to use the policy for defense costs.

Hostile Environment

  • Has mediated numerous employment matters involving claims of a hostile work environment against employers of all sizes, including matters with additional claims of discrimination, failure to engage in the interactive process, harassment, retaliation, and wrongful termination.
  • Mediated claims of sexual harassment, hostile work environment, gender discrimination, retaliation, and wrongful termination against senior executive regarded as diversity and workplace equality advocate and resource.
  • Mediated employment harassment, hostile work environment, retaliation, and discrimination claims by a multi-decade worker who alleged adverse employment actions such as failure to promote, failure to engage, and interference with the work environment and work product.
  • Mediated negligence, hostile work, sexual orientation, and race discrimination claims as well as wage and hour and COVID policy violations against a large national employer.
  • Mediated hostile work environment case alleging racial and gender discrimination claims, as well as disability-related claims wherein political donors, board members, and employer executives, were alleged to have created a reported hostile environment.

PAGA

  • Has mediated dozens of PAGA matters, where the cases at issue have involved a wide variety of individual and/or class action plaintiffs and claims. These have included matters with numerous variations on wage and hour disputes (including failure to calculate overtime/premium/commission pay and other classification disputes; disputes regarding meal and rest breaks as well as other off-clock time, waiting time, or rounding disputes; fringe/mileage benefit and rate calculation disputes and disputes over reimbursement for other expenses; payment of bonuses; and wage statement, wage accuracy, and pay stub violations), as well as claims under FEHA or FLMA, discrimination (including age, pregnancy, race, gender, and national origin discrimination) claims, sexual harassment claims, retaliation claims, wrongful termination claims, unfair business practices, and labor code violation claims, among others. These mediations have occurred at all case stages, from pre-litigation to the eve of trial or arbitration evidentiary hearing to post-trial appeal. Industries at issue have included the trucking; restaurant (including food truck businesses); car dealership and automobile manufacturer; employment staffing agency; call center; financial institution; hotel and hospitality; senior care and assisted living; skilled nursing; airline; technology; retail clothing; online and big-box retail and distribution; food and beverage retail; construction; rental and housing administration; newspaper distribution and delivery; publishing; and janitorial industries.
  • Mediated class labor claims and class PAGA claims against temporary work placement agency and company where the temporary employees worked.
  • Mediated individual wage and FEHA claims in connection with missed work due to their child's disability as well as putative PAGA claims.
  • Virtual mediation of PAGA and wage and hour class claims in connection with on-call duties, use of company radios and cell phones, as well as meal, and rest break and related claims.
  • Virtual mediation of multiple cases against a company including a PAGA and individual discrimination case that previously were rejected for settlement approval, a PAGA class, wage, and hour class, and individual discrimination and wrongful discharge case, and another putative wage and hour class case against a single defendant with limited insurance coverage that was subject to dispute.
  • Mediated multi-defendant matter wherein PAGA and Wage and Hour Class Action claims were challenged to be outside the scope of the CBA (collective bargaining agreement) and possibly required to be heard in arbitration.
  • Mediated class and PAGA claims wherein the business changed hands during a debt restructuring and asset sale, compounding discovery challenges as well as allocations among multiple defendants.
  • Mediated PAGA and wage and hour class claims wherein shift differential pay, breaks, and pay stub were the crux of the claims but the defendant was winding the business down and believed that the policies, waivers, and actual payment practices limited the claims and potential for certification of a very small business.
  • Wage & Hour and PAGA class action alleging time shaving, manual correction of unclocked meal breaks, and rounding practices throughout multiple locations wherein the defense challenged putative representative's knowledge and experience to have standing.
  • Mediated individual wage and hour, age discrimination, wrongful termination claims, as well as PAGA claims. Issues stemmed from remote work circumstances where breaks were late or missed and not accounted for and overtime wage rates were at issue in addition to other alleged statutory violations against a financial institution.
  • Mediated class claims, PAGA claims, and individual claims by union and non-union current and former employees in connection with overtime calculations, driving time, reimbursements, and other wage-related claims against a landscaping company.
  • Mediated wage and hour and PAGA claims by deli employees where the defendant contended payroll provider improperly converted and calculated breaks and wages despite contracted instructions.
  • Mediated putative class wage and hour and PAGA claims as well as wrongful termination claims for employees working at a 24/7 facility run by a non-profit organization.
  • Mediated WARN Act, PAGA, and Wage & Hour claims in the transportation arena for city services.
  • Mediated predominantly PAGA claims against distribution servicer that includes truck shipments within California and throughout the country wherein the defense contended pre-emption and exemptions limited PAGA exposure and the plaintiffs contended those protections were waived based on company policies and practices regarding breaks and compensation rates.
  • Mediated wage and hour-related claims post Viking decision wherein parties contemplated individual and representative resolutions as well as claims extending from or beyond PAGA.
  • Mediated individual and PAGA claims for a variety of employees, including drivers, warehouse, and administrative workers, concerning predominantly breaks, including the ability to leave the premises and record-keeping issues.
  • Mediated wage and hour class action and PAGA claims mainly stemming from off-clock work regarding vehicle preparations and returns and failure to allow uninterrupted meal breaks, as well as individual claims concerning pregnancy discrimination and failure to accommodate in connection with pregnancy and post-birth lactation needs.
  • Mediated wage and hour class claims, as well as PAGA and other ancillary claims, wherein the employer had drivers and non-drivers with different handbooks and policies; this created a dynamic for at least two sub-classes and shift cal-in related claims varied based on class period due to a company sale.

Pregnancy Discrimination

  • Mediated employment discrimination claims in connection with employee's termination, including sex and pregnancy discrimination, disability discrimination, failure to accommodate, failure to engage in good faith interactive process, retaliation, failure to prevent discrimination and retaliation, FEHA claims, and wrongful termination in violation of public policy.
  • Mediated disability discrimination claims concerning pregnancy complications in addition to retaliation, FEHA and wrongful termination allegations.
  • Mediated former fashion industry employee's claims of unlawful termination and retaliation due to pregnancy and other medical issues.
  • Mediated wrongful termination claims in connection with pregnancy and claims regarding wage statements and vacation time accounting.
  • Mediated discrimination and FEHA claims in connection with allegations that employer failed to engage in the interactive process in connection with a medical circumstance that arose upon the conclusion of the plaintiff's maternity leave.
  • Mediated wrongful termination and pregnancy discrimination claims against national retailer and the third party administrator of human resources claims.
  • Mediated wrongful termination and discrimination claims wherein upon employee's return after initial pregnancy leave her full-time position was drastically reduced to a part-time position and employee alleged retaliation and discrimination in connection with multiple pregnancies and related medical leave time.
  • Mediated a retaliation and wrongful termination claim wherein the manager unilaterally reduced time card hours because additional work time was alleged to have been insubordinate to instruction and a former employee alleged that she was retaliated against for reporting that issue and also due to her pregnancy.

Retaliation

  • Mediated former construction worker's claim of kidnapping and imprisonment by a foreman, wage, discrimination for origin, and retaliation claims.
  • Mediated start-up executive's claims for retaliation, wrongful termination, wage, and misclassification, as well as other employment and contract theories upon termination shortly before the company's effort to embrace a sale platform.
  • Mediated wrongful termination, retaliation, discrimination for national origin, and religion against state employer.
  • Mediated a 30-year employee's claims for failure to engage in the interactive process and disability discrimination upon discharge without accommodation to on-the-job injury where the business had gone through bankruptcy, but the proceeding was stayed to address the EPLI asset in connection with the underlying claims.
  • Mediated claims of sexual assault, sexual harassment, discrimination, retaliation, and wrongful termination.

Sexual Harassment

  • Mediated wrongful termination, retaliation, PAGA, and sexual harassment claims involving same sex employees wherein veteran employee also engaged in whistle-blowing activity in connection with regulatory agencies against established family-run business.
  • Mediated multiple plaintiffs' claims arising from allegations of sexual assault for gender violence, sexual harassment and discrimination, negligent supervision, negligent hiring, and other #MeToo claims against individuals, principals, and company in the entertainment industry.
  • Mediated disputes among entertainment industry executives involving allegations of sexual harassment and assault under Civil Code Sections 1708.5 and 52.4 as well as claims for defamation locally and abroad.
  • Mediated employee's sexual harassment and racial discrimination claims against company and company president.
  • Mediated multiple plaintiffs' tort and negligence claims stemming from sexual assault and defamation allegations against entertainment industry companies and executives, wherein insurance coverage issues concerning various policies and policy periods were also at issue.
  • Mediated former employee's claims of trespass, assault, battery, false imprisonment, intentional and negligent infliction of emotional distress, sexual harassment, and constructive wrongful termination.
  • Mediated employment matter wherein former employee claimed sexual harassment, sexual discrimination, retaliation, and constructive discharge following her alleged physical assault by co-worker on the premises.
  • Mediated sexual harassment, hostile working environment, disparate treatment, gender discrimination, failure to accommodate, failure to engage in the interactive process, failure to provide rest breaks, invasion of privacy, computer fraud and abuse act, California Computer Data Access and Fraud Act, and intentional infliction of emotional distress claims by former employee against business owner and business.
  • Mediated whistleblower and wrongful termination claims by senior district administrators against school district following jury award.
  • Mediated claims by a current employee concerning sexual assault by an alleged supervisor as well as related retaliation claims.
  • Mediated former employee's harassment, assault, discrimination, retaliation, wrongful termination, and defamation claims against individuals, co-workers, and restaurant owners, which included off-clock and off premises allegations.
  • Mediated general damages claimed in connection with sexual assault allegedly sustained at franchisee's business, wherein plaintiff claimed the franchisor and franchisee were responsible due to respondeat superior, vicarious liability, negligent hiring and supervision, and the franchisor allegedly controlled day-to-day operations.
  • Mediated racial and sexual harassment comments as well as assault allegations by former employee against national restaurant chain.
  • Mediated sexual assault claims by former employee against supervisor and company.
  • Mediated multi-plaintiff claims of sexual harassment and retaliation wherein one plaintiff was terminated and another plaintiff was on medical leave.
  • Mediated sexual harassment and wrongful termination claims wherein cell phone photographs were at issue.
  • Mediated harassment, retaliation, and constructive discharge claims brought by sales associate against supervisor and company where after initial complaints the company undertook a limited investigation and the associate contended that sexual harassment ensued without any company response taken.
  • Mediated sexual harassment claims among sales associate and her supervisor.
  • Virtual mediation of a minor's sexual harassment, retaliation, hostile work environment and disability & gender discrimination claims against supervisor and employer.
  • Virtual mediation of pre-arbitration filing claims of sexual harassment, negligent retention of predatory supervisor, hostile work environment, and constructive discharge by subordinate against senior supervisor wherein text messages, oral communications, and other behaviors were alleged.
  • Mediated sexual harassment, failure to accommodate, and failure to engage in the interactive process wherein a supervisor-employee was alleged to have assaulted another employee of a big-box retailer. Criminal investigations were pending, and senior executives' investigation and preservation of evidence was at issue.
  • Mediated sexual harassment, assault, battery, wrongful termination, constructive discharge, and other discrimination claims by a long-term sales representative.
  • Mediated constructive discharge, sexual harassment, and retaliation claims by writer against a network in connection with alleged conduct by the television show's creator and showrunner.
  • Mediated sexual harassment claims by a terminated employee in connection with a contracted security guard alleging supervisors were aware and observed the behavior.
  • Mediated claims by an employee against business owner employer for sexual assault and harassment.
  • Mediated sexual harassment and constructive termination in connection with physical interactions as well as oral comments and exchanges by owner/supervisor and other relatives at the workplace.
  • Mediated alleged sexual harassment and gender discrimination claims by a former employee resulting in constructive discharge in connection with the team lead's alleged exposure of genitals.
  • Mediated claims for sexual harassment, sexual orientation discrimination, wrongful termination, disability (ADHD) discrimination, as well as retaliation claims wherein in-house counsel alleged severe sexual orientation discrimination by supervisors who shared the plaintiff's sexual orientation as well as serious fraud and antitrust violations.
  • Mediated claims of wrongful termination wherein the plaintiff's alleged performance issues were not memorialized in write-ups or any other contemporaneous exchanges and termination followed complaints of sexual harassment by a fellow employee who held management roles in other departments at an academic institution.
  • Mediated sexual harassment claims against the owner of a fast food restaurant and alleged perpetrator wherein the defense contended the defense of avoidable consequences would eviscerate any recovery even if the plaintiff could attribute knowledge to the business.
  • Mediated sexual harassment, discrimination (age and gender), and pay inequity claims (in addition to a few wage and hour complaints) by an executive terminated by phone during her second sick day over four years.
  • Mediated sexual harassment, assault, and retaliation claims by a sales associate against an individual and national company where the plaintiff alleged a substitute manager leveraged the plaintiff to engage with the individual in sexual activity and harassed her for a multi-year period and the company contended avoidable consequences and consent defenses.
  • Mediated claims for sexual harassment and retaliation for engaging in protected activities by cocktail waitress against club owners and manager of a VIP lounge.
  • Mediated sexual harassment, discrimination, retaliations, and continuing (interstate) violation claims.
  • Mediated multiple employees' claims of sexual harassment, retaliation, hostile work environment, and constructive terminations against a family-owned business, owners, and an individual long-term employee.

Wage and Hour

  • Mediated employment action wherein the employee alleged misclassification and inadequate wages, as well as related penalties.
  • Mediated employment wage and hour dispute wherein plaintiff alleged wages were untimely paid, wage statements were inaccurate, wages were improperly withheld, and employer improperly converted wages due to promissory notes.
  • Mediated domestic worker claims for failure to pay wages and adhere to state wage and hour laws.
  • Mediated transitioning transgender plaintiff's claims of discrimination, failure to accommodate disabilities, and wage and hour against a restaurant owner.
  • Mediated claims by domestic worker against recipient of care and adult family member who was involved in compensation practices.
  • Virtual mediation of wage and hour as well as disability and discrimination claims by inspector against a national company.
  • Virtual mediation of wage and hour claims involving special education professionals.
  • Virtual mediation of a live-in personal attendant's domestic worker regarding wage and hour claims after working for a family trust for more than a decade.
  • Virtual mediation of wrongful termination, retaliation, and wage and hour claims against an owner and company where the company claimed the employee engaged in fraudulent practices along with the owner's former partner of a closely held business.
  • Virtual mediation of multiple wage, wrongful termination, and retaliation claims by a sole employee of business partners where the remaining partner had personal and business exposure and was also litigating affirmative fraud and theft claims against the employee and former business partner.
  • Mediated former employee's pre-litigation claims of wrongful termination, hostile work environment, gender discrimination as well as wage and hour claims.
  • Mediated former bartender's claims for wrongful termination in connection with alleged uncharged beverages.
  • Mediated discrimination, wrongful termination, retaliation, and wage claims wherein former employee alleged he was wrongfully asked about his gender identity (purportedly in connection with Title 2) and thereafter was mistreated and retaliated against, based upon complaints of illegal discrimination and inquiries about his transition.
  • Mediated wage theft claims by former caregivers of family member, wherein failure to pay minimum wage, overtime, and other related claims were at issue.
  • Mediated claims for unpaid wages, overtime, damages, interest, and penalties by the live-in caregiver of over a decade, against the estate and adult children alleged to be co-employers.
  • Mediated wage and hour claims by on-site apartment manager for low-income housing complexes wherein rent reductions and other rent credits were the predominant compensation mechanism.
  • Mediated individual FEHA claims concerning medical disability and retaliation in connection with medical time taken, return to work, and prior complaints regarding wage and hour violations. In addition, individual wage claims and the independent claims of aggrieved PAGA employees, where the construction defense company's CBA mirrored another CBA that the plaintiff's counsel recently defeated arose.
  • Mediated misclassification and wage and hour claims by former friend wherein business owner believed and treated plaintiff as an independent contractor, but plaintiff contended after alleged wrongful termination employee non-exempt status.
  • Mediated multiple plaintiffs' claims of racial discrimination and harassment as well as other wage and disability/interactive process allegations.
  • Mediated employment, common law, and promissory estoppel (life estate and real property) claims by a former employee who also was intimately involved in a long-term extramarital relationship with the business owner.
  • Plaintiff alleged disability discrimination, misclassification, and wage and hour claims in large part that appeared to arise in connection with her remote working transfer. The defense contended that they were unable to pay even if the plaintiff's claims were viable.
  • Mediated wage and hour claims by an urgent care center's only nursing professional who claimed improper rate applied to overtime hours as well as violation of meal/rest breaks, waiting time penalties, and pay stub inaccuracies in addition to national origin discrimination.
  • Mediated age discrimination and wage & hour claims by a lead maintenance supervisor (who received housing subsidy) against a national residential property lessor.
  • Mediated wage and wrongful termination claims of the residential manager spouses who were not English speakers wherein all documents were in English only and wage and rental credits were at issue.
  • Mediated misclassification claims and related wage and hour claims against a technology company.

Wage and Hour Class Action

  • Mediated putative class action wherein plaintiff alleged various California state law violations such as unpaid wages allegations, including off the clock work, improper wage and overtime calculations, meal and rest break violations, waiting time penalties, wage statement violations, as well as other state law violations, and defendant asserted various defenses, including plaintiffs' possible recognition as exempt.
  • Mediated employment opt-in action wherein the allegations included FSLA violations, failure to properly classify employees instead of independent contractor, failure to pay minimum wage, failure to pay overtime, and other employment claims.
  • Mediated putative consumer class action on behalf of lessees alleging CLRA, Song-Beverly Consumer Warranty Act, and Magnuson-Moss Warranty Act claims in connection with financing and servicing agreements promoted by car manufacturer.
  • Mediated related cases of class action on behalf of low-wage earning former factory manual employees' wage and hour claims (off clock work, rounding, absence of breaks, etc.) as well as individual wrongful termination claims (termination on the heels of an IRS inquiry).
  • Mediated commission and wage and hour claims in connection with multiple car dealership owner.
  • Mediated wage and hour class claims regarding split shifts and off the clock work.
  • Mediated class claims against multiple predecessor and successor companies wherein certain businesses were sold and resold as part of asset purchases and other leveraged buyouts, and wherein individual directors, officers, and owners were alleged to have exposure.
  • Mediated class claims in connection with subscription autorenewals wherein claims were pending in multiple courts.
  • Mediated claims against food truck rental company alleged to be acting in an employment not lessor capacity.
  • Mediated collective and putative class of nurses' claims alleging FSLA, state wage, and federal wage claims against hospitals in connection with remote work.
  • Mediated putative class and individual claims related to online sellers' claims against a retail company.
  • Mediated class claims by servers in the hotel and banquet industry regarding the allocation and treatment of tips, service charges, and other inclusive service add-ons.
  • Mediated wage and hour class claims where the policy was alleged to have facial deficiencies, no premiums had been paid, challenges were made regarding STI/overtime/vacation/bonus pay and rates of pay, as well as other off-clock business expenses and waiting-time claims, some of which were also alleged as PAGA violations.
  • Mediated wage and hour claims predominantly concerning meal breaks where premium ratios and hours were suggested to support customer service-focused employees at a high-end market and eatery.
  • Mediated wage and hour claims at multiple dental offices wherein rate of pay in consideration of incentive bonuses, meal breaks, and rest breaks were predominantly at issue as well as the certification of a class for arbitration.
  • Mediated wage and hour claims including off clock work, meal and rest violations (facial and inferred), expenses, shift differential/commission compensation, regular and overtime rates, and the like against a statewide towing company wherein the scope of the signed arbitration agreements was a critical issue.
  • Mediated nationwide class action claims concerning wage compensation for exempt and non-exempt bank employees, some commission generated and others in the loan and sales arenas.
  • Mediated class wage and hour claims against an airline.
  • Putative state class action for wages and unreimbursed business expenses incurred working from home including internet and cell phone use during work from home throughout the Pandemic wherein the national financial institution allegedly knew all were relying on personal internet and phone to work but required application for reimbursement, as well as reimbursement for office space, utilities, and materials not secured through company procurement center.
  • Mediated class action claims by servers regarding billing statements by an employer and the consumer's intent for such payments to be gratuities to the servers, pursuant to California Labor Code Section 351.
  • Mediated class claims as to whether California law required service charges to be paid to servers as gratuities.
  • Mediated wage and hour class action wherein the employer believed the payment service company was at fault but the company refused indemnification and was litigating their contractual agreement.
  • Mediated wage claims, including rounding errors where over 80% of employees were allegedly underpaid, missed meal and rest breaks, and failure to pay overtime when employees were restricted to company car use to and from work with only business use permitted but drive time unpaid.
  • Mediated class claims concerning wage theft, off-clock work, failure to pay minimum wage and overtime, as well as meal and rest break claims where a manufacturing company contended bell system established break defense and contended that disparities between clock punch times and wage statements could not be certified.
  • Mediated multiple wage and hour-based claims for several nuclear plan locations wherein shift differential, bonus structures, breaks, and expenses were at issue among other claims.

Whistleblower Wrongful Term

  • Mediated employment whistleblower, Section 1102.5, FEHA, and Section 1981 claims by senior level executive against entertainment company that owns U.S. pay television channels, a media distribution company, and animated television and movie production.
  • Mediated wrongful termination and retaliation claims by long-time general counsel against CEO and company in advance of significant investor-related action, including a potential change of control.
  • Mediated OSHA-related claims, whistleblower, and wrongful termination claims by a former worker who contended he was misclassified as an independent contractor.
  • Mediated multi-million dollar, national company's former executive's claims of wrongful termination and retaliation in connection with whistleblowing claims regarding alleged breaches of fiduciary duty, securities regulations, and Sarbanes-Oxley.
  • Mediated qui tam claims in connection with healthcare providers.
  • Mediated whistleblower and FEHA claims against Professional Employer Organization (PEO) & company in connection with termination of multi-decade employee.
  • Mediated employee's wrongful termination claims in connection with whistleblowing activity related to national and California State Privacy Laws, including privacy allegations that involved regulatory and criminal investigations for the entity and executives.
  • Virtual mediation of retaliatory wrongful termination claims for failure to pay commissions and then alleged termination for challenging lending practices.
  • Mediated whistleblower, discrimination, retaliation, and wrongful termination claims against talent agency.
  • Mediated alleged wrongful termination and whistleblower claims by a compliance-related executive against a dietary supplement company.
  • Mediated claims of discrimination and retaliation by a tenured professor against a public university system.
  • Mediated wrongful termination, whistleblower retaliation, and discrimination claims by a city official against the city.
  • Mediated COVID-related claims of failure to adhere to protocols and failure to accommodate or engage in the interactive process in connection with the plaintiff's needs regarding the same.

Wrongful Term & Discrimination

  • Resolved contentious employment wrongful termination action by bank executive, including claims of age discrimination, violation of written contract, and breach of implied contract.
  • Mediated employment action where in same sex sexual harassment allegations were the basis for discrimination, retaliation, wrongful termination, FLA/CFRA interference and notice failures, negligent infliction of emotional distress, and other harassment claims were made against a multinational corporation.
  • Mediated wrongful termination claims wherein plaintiff alleged company discriminated against her alcoholism disability.
  • Mediated discrimination, wrongful termination, and retaliation claims wherein plaintiff claimed disability discrimination, failure to engage in the interactive process, and age discrimination against international employer.
  • Mediated FEHA and wrongful termination claims where disability and failure to accommodate claims dominated the upcoming arbitration proceeding initiated by a long-time former employee.
  • Virtual mediation of wrongful termination, disability, and age discrimination claims by a long-term employee against their former company and company owner after being terminated following two medical leaves.
  • Mediated commission-based salesperson's wrongful termination and discrimination claims concerning gender, race, and medical disability.
  • Mediated pay equity, gender discrimination, and retaliation allegations in connection with C-Suite executive's termination after company's acquisition.
  • Mediated executive's gender, equal pay, retaliation, and wrongful termination claims against entertainment studio.
  • Mediated wrongful termination and employment disability discrimination claim by short-term employee wherein the defense allegedly did not engage in the interactive process.
  • Mediated claims for discrimination, failure to accommodate and engage, and retaliation wherein multi-decade employee was denied work from home options after requests by individual and worker's compensation attorney and termination was documented to be due to absences.
  • Mediated wrongful termination, breach of employment contract, wage and hour, harassment, FEHA (race & national origin) and 1102.5 claims brought by an employer engaged through placement agency against placement agency and workplace, wherein the co-defendants had a dispute regarding indemnification, joint-employer status, and other issues.
  • Mediated retaliation, discrimination, and wrongful termination claims in connection with gender claims and FMLA-related claims by a first-time father/salesman who was a longtime company employee.
  • Mediated wrongful termination and disability discrimination claims wherein long-term employee was terminated a few days following the return from a medical leave.
  • Mediated wrongful termination, failure to engage in the interactive process, and disability discrimination claims where a long-term employee claimed that the employer failed to engage or respond to requests for accommodation to transfer and/or not work with superiors due to health impact.
  • Mediated disability discrimination, failure to engage in the interactive process, and wrongful termination claims by a former car sales manager against a national dealership.
  • Mediated wrongful termination, retaliation/whistleblower, age and disability discrimination, and failure to accommodate claims by a long-term manager against the employer in connection with spouse's medical conditions and needs.
  • Mediated disability discrimination, retaliation, and wrongful termination following the plaintiff's inclusion in a layoff by the employing site wherein the plaintiff was assigned through a staffing agency.
  • Mediated minority long-term employee's claims of significant gender gap pay equity issues, as well as gender and national origin discrimination, and wrongful termination wherein the promoted outside hire was a different gender and national origin.
  • Mediated disability and race discrimination claims, as well as failure to accommodate, failure to engage in the interactive process, wrongful termination, and retaliation wherein the parties had settled but the plaintiff timely exercised rescission rights.
  • Mediated disability discrimination, wrongful termination, and retaliation claims concerning an employee's perceived disability and family member's disability in claims against a large city.
  • Mediated claims for disability discrimination, failure to engage in the interactive process, and wrongful termination wherein the employee was warned and ultimately terminated for excessive absenteeism but alleged those absences were medically necessary and it was retaliation for seeking medical/disability protections.
  • Mediated wrongful termination, interactive process, and disability discrimination claims wherein the claimant passed away and the employer also raised a defense regarding the plaintiff's pursuit of bankruptcy without disclosing the employment claim.

Wrongful Term Covid-19

  • Mediated wrongful termination, discrimination, as well as defamation and privacy claims brought by a former employee in connection with how COVID-19 infection information was received and used, as well as potential counterclaims by a former employer.
  • Mediated individual claims concerning discrimination concerning COVID and other medical issues.
  • Mediated wrongful termination, retaliation, failure to accommodate/engage in the interactive process, and disability discrimination in connection with a long-term, a well-reviewed employee of a national retailer whose diabetic condition in conjunction with the risks of Covid-19 was exacerbated.
  • Mediated wrongful termination claims which included claims of retaliation for Covid-19 accommodation requests, failure to engage in the interactive process and/or accommodate, and sexual harassment by the general manager across multiple car dealerships.
  • Mediated disability discrimination, failure to engage in the interactive process, and wrongful termination claims by a long-term employee allegedly afflicted with cancer and Covid during the pandemic.

Wrongful Termination

  • Mediated qui tam/whistleblower and constructive termination claims involving public employer.
  • Mediated employment and defamation dispute involving senior administrators and a private college wherein whistleblower, labor code, and public policy claims as well as breach of contract and duty counterclaims were alleged.
  • Mediated employment disability discrimination action wherein former sales associate alleged multi-million damages for lost wages and substantial damages against a national clothing retailer.
  • Mediated executive's employment wrongful termination action.
  • Mediated employment allegations surrounding termination of allegedly non-exempt employee following his return from paternity leave wherein the claims included CFRA, FEHA, Labor Code Sections 203 and 226, and Section 17200.
  • Mediated single plaintiff discrimination and wage and hour claims involving the nursing sector, alleging age discrimination, racial discrimination, wage and hour claims (overtime, rest breaks, meal breaks), pay stub and wait time violations, among other things.
  • Mediated employment and business dispute wherein former employee alleged discriminatory and retaliatory termination as well as breaches of fiduciary duty in connection with company stock plan.
  • Mediated employment discrimination, retaliation, and shareholder buy out dispute between former general manager and the restaurant and bar owner.
  • Mediated employment dispute wherein plaintiff alleged age and disability discrimination and FEHA claims against non-profit employer.
  • Mediated multiple former employees' claims of misclassification as independent contractors instead of employees, various wage and hour and pay stub violations, failure to reimburse for business expenses, and retaliation for whistleblowing.
  • Mediated a variety of employment discrimination (gender and disability) and retaliation claims, including some claims concerning physical assault, involving contract employee converted to union-member, temporary employee but terminated immediately before vesting as a full-time employee.
  • Mediated FEHA disability claims, retaliations for worker's compensation claim, and other employment related causes of action involving former remote working employee and medical provider.
  • Mediated pre-litigation wrongful termination and defamation allegations of long-term executive against non-profit organization.
  • Mediated wrongful termination, harassment, and defamation claims by a multi-decade executive and former non-profit and specific board members.
  • Mediated former executive employee's wrongful termination, retaliation, and misappropriation of identity claims against employer where the former employee claimed age discrimination, retaliation for reporting company violations, and that the company knowingly continued to use the former employee's licenses to operate its business.
  • Mediated long-time employee's disability discrimination and retaliation claims again corporate institution.
  • Mediated individual wage and hour claims by housekeeper against small business and owner.
  • Mediated long-time employee's claims of disability discrimination (FEHA), failure to accommodate, failure to engage in the interactive process, retaliation, failure to prevent discrimination, and wrongful termination against an international business.
  • Mediated workers' compensation and wage hour claims brought by long-time employee against national company.
  • Mediated sexual battery, sexual harassment, failure to prevent harassment, gender discrimination, negligent supervision, wrongful termination, and intentional infliction of emotional distress claims, as well as wage claims, rest break claims, and PAGA claims, wherein employee alleged that employer assaulted and raped her after a corporate function.
  • Mediated individual discrimination and wage and hour claims brought by multi-decade former employee.
  • Mediated disability discrimination and retaliation claims by life-long employee against national employer.
  • Mediated delivery truck driver employee's claims concerning wage and hour, wrongful termination, and retaliation claims wherein the parties disputed whether CA or DOT regulations governed and insurance coverage issues were also raised.
  • Mediated discrimination and wrongful termination due to medical leave claims against former employer.
  • Mediated single plaintiff sexual harassment, hostile work environment, retaliation, and wrongful discharge claims wherein plaintiff alleged that the medical facility knew they were treating a "predator patient" and failed to adequately investigate her allegations despite criminal prosecution of same.
  • Mediated wrongful termination and retaliation claims by government contract worker who alleged that environmental disclosures and protocols were not followed.
  • Mediated employment claims including contentions concerning exempt status, use of commission compensation, and other provisions of the Labor Code.
  • Mediated employment discrimination and retaliation claims by individual executive against public agency wherein pension other benefits were also in dispute.
  • Mediated wrongful termination, disability discrimination, and retaliation claims by plaintiff who contended that the company failed to properly accept plaintiff's resignation.
  • Mediated employment discrimination and wrongful termination claims wherein only female physical labor worker on staff.
  • Mediated employment claims wherein plaintiff contends he had a reasonable belief his pay rate was incorrect and upon inquiring was terminated but the defense contends legitimate business reason for termination.
  • Mediated wrongful termination case in connection with alleged disability wherein treatment was ongoing and employer challenged communications in connection with treatment, indefiniteness of return to work, and rehire circumstances.
  • Mediated discrimination, hostile work environment, and wrongful termination wherein supervisors were alleged to have made comments in connection with race and sexual orientation.
  • Mediated gender discrimination and retaliatory termination claims wherein plaintiff was demoted and terminated close in time to voicing a gender discrimination complaint.
  • Mediated gender equity claims and retaliatory termination claims brought by employee against entertainment industry company.
  • Mediated same sex sexual harassment and retaliation claims against national company.
  • Mediated terminated employee's FEHA disability and wage and hour claims against a franchisee of a restaurant.
  • Mediated retaliation and failure to promote/hire claims by current employee against city.
  • Mediated failure to hire claims where defendant had just acquired company and was transitioning certain employees to continue working at the location.
  • Mediated multi-decade employee's claims of wrongful termination and age discrimination where plaintiff alleged the defendant failed to follow its disciplinary and termination protocols.
  • Mediated sexual harassment, wrongful termination, and retaliation claims in which travel arrangements with superior and adequacy of performance were at issue.
  • Mediated employee's failure to accommodate and disability discrimination claims.
  • Mediated wrongful termination based on national origin and retaliation claims against international technology company.
  • Mediated FEHA (sexual harassment) and wrongful termination claims against technology company and current executive.
  • Mediated racial discrimination claims of current employee, including specific claims in connection with Black Lives Matter activity.
  • Mediated long-term employee's disability discrimination and wrongful termination claim wherein the former employee contended at termination no alternative job or relocation opportunities were presented by international conglomerate despite return to work documentation.
  • Mediated wrongful termination claim wherein a former employee contended retaliatory firing after exposing issues with the company's billing practices as well as wage and hour claims all subject to arbitration.
  • Mediated pre-litigation FEHA, wrongful termination, retaliation, and ADA-related claims by a senior manager who had exhausted sick time and FMLA for a number of years while treating a work-related injury.
  • Virtual mediation involving multiple plaintiffs' retaliation, wrongful termination, wage and hour, and Davis Bacon Act related claims against a multi-state defendant.
  • Mediated a long-term employee's failure to engage in the interactive process, failure to accommodate, hostile work environment, and wrongful termination claims wherein she alleged the company accelerated her maternity leave only to fire her while on leave shortly before her baby's arrival and despite contentions that there was a company-wide reduction in force due to COVID-19.
  • Mediated claims for sexual assault and discrimination, hostile work environment, and wrongful termination where laborer's physical mistreatment was on the security video but the company contended there was no ongoing hostility which created circumstances for a constructive discharge.
  • Mediated sexual harassment and retaliation claims as part of a constructive discharge arbitration action.
  • Mediated constructive termination, gender equity pay gap claims, as well as discrimination claims.
  • Mediated FEHA, FMLA, and disability discrimination claims brought by a long-term employee whose citizenship and application details became an issue at the same time as medical issues arose.
  • Mediated FEHA disability discrimination claims, sexual harassment, and gender discrimination claims wherein terminated executive alleged pre-litigation to have suffered a workplace injury without adequate accommodations, to have experienced sexual harassment and gender discrimination by the company's managing agent, and a failure to prevent the hostile and discriminatory environment claim. The employer contended legitimate business reasons for termination as well as the elimination of the executive position.
  • Mediated wrongful termination and failure to accommodate or engage in the interactive process wherein Covid illness and threatened miscarriage issues were included in the claims.
  • Mediated wrongful termination - failure to accommodate, disability discrimination, as well as wage and hour claims against a garden-servicing company after an employee allegedly suffered workplace injuries without accommodation.
  • Mediated creative entertainment employee/plaintiff's claims of age discrimination and wrongful termination in connection with medical treatment and future surgery involving carpal tunnel syndrome.
  • Mediated wrongful termination claims by an employee for hospital's contractor company wherein plaintiff contended age and national origin discrimination against her as well as disability discrimination. The defense contended that in addition to no discriminatory or wrongful actions, the plaintiff and family members had been violating wage, ride share, and Covid-19 protocols.
  • Mediated sex, gender, and race discrimination and retaliation claims, wherein most employees and managers were of a race to which the plaintiff did not belong.
  • Mediated wrongful termination, on-call wage claims, and retaliation claims by employee who lived on premises.
  • Mediated sexual and gender harassment as well as a hostile work environment that spanned several years, starting with physical interactions. The company relied upon certain accommodations, as well as its investigation practices.
  • Mediated alleged injuries from an accident with a commercial truck wherein TBI, knee, and back allegations were involved.
  • Mediated misclassification claims regarding independent contractor as a sales consultant for out of state company wherein termination was not clear and compensation was flat rate as well as flat reimbursement on expenses.
  • Mediated misclassification claims regarding long-term employee's shift to a consultant position as well as challenges to the ESOP (employee stock ownership plan) administration.
  • Mediated multiple independent cases involving claims of retaliation and wrongful termination in connection with COVID-19 protocols and practices as well as other OSHA requirements.
  • Mediated race and medical disability discrimination as well as retaliation claims in connection with alleged wrongful termination at a start-up company.
  • Mediated wrongful termination and retaliation claims in connection with an alleged workplace injury.
  • Mediated age and race discrimination claims by the head of sales at a car dealership where dealership changed owners and long-term plaintiff-employee was rehired on a probationary basis.
  • Multiple pre-litigation actions by former employees who contended wrongful termination and discrimination after trauma in connection with sexual assault where employer allegedly failed to engage in the interactive process for leave time.
  • Mediated multiple plaintiffs' claims of misclassification, discrimination due to race/origin, disability discrimination, retaliation and wrongful termination against used vehicle dealership where owners were named as individuals.
  • Mediated constructive termination, discrimination, and failure to engage in the interactive process claims by long-term part-time employee who claimed that disability/pregnancy restrictions were misclassified between leave time and reduced work schedule impacting her access to maternity and bonding benefits and ultimately affecting her seniority for promotions as well as retaliation in job assignment and opportunity due to her use of disability, maternity, and bonding time.
  • Mediated complicated wrongful termination, retaliation and disability discrimination claims by salaried pharmacist against family owned pharmacies that were designed to be separate family businesses but might have comingled resources and wherein wage claims also loomed.
  • Mediated wrongful terminations claimed in connection with disability discrimination, retaliation, and failure to engage in the interactive process brought by a 10-year, minimum wage employee against a national boutique grocery store.
  • Mediated failure to engage in the interactive process, retaliation, disability discrimination, and wrongful termination claims by a store clerk.
  • Mediated gender discrimination, sexual harassment, hostile work environment, and wrongful termination claims where a long-term female employee in a predominantly male-technology workforce alleged retaliation and dismissal after observing and reporting a senior manager's physical interactions with another employee at the workplace.
  • Mediated wrongful termination, failure to engage in the interactive process, and disability & perceived disability discrimination claims by a former employee whose attendance policy absences included absences that were included in doctor notes.
  • Mediated failure to accommodate, disability discrimination, and related wrongful termination claims.
  • Mediated executive's severance and alleged breach of stock option plan claims against medical start-up company on the brink of going public.
  • Mediated FEHA racial discrimination, disability, and failure to accommodate against a family winery.
  • Mediated compelled arbitration matter wherein plaintiff alleged disability discrimination, failure to engage in the interactive process, and wrongful termination when the employee was part of a RIF that the employer contended was set to conclude with the business's closing before any further accommodations could be accomplished.
  • Mediated wrongful termination and disability discrimination claims wherein long-term employee alleged the timing of return from FMLA was directly related to the revised reviews and ultimate termination decision.
  • Mediated wrongful termination and disability discrimination claims wherein long-term employee alleged the timing of return from FMLA was directly related to the revised reviews and ultimate termination decision.
  • Mediated claims by a long-term employee who alleged wrongful termination for family leave time taken to care for her young adult son who received a sudden terminal cancer diagnosis.
  • Mediated wrongful termination and retaliation claims wherein a company driver allegedly reported racial discrimination in a warehouse and at client delivery locations and also sought disability accommodation.
  • Mediated wrongful termination, sexual harassment, assault, hostile work environment, and defamation as well as wage and hour claims against individual employees, owner, and a construction-related business wherein the business and individual owner were prepared with bankruptcy petition and creditors had threatened to force the business into bankruptcy and spouses of alleged harassers were supporting plaintiff's claims.
  • Mediated claims for unpaid wages, misclassification, retaliation, sexual harassment, and wrongful termination by a media consultant/hospitality host for theater wherein the theater contended ability to pay issues and legitimate non-discriminatory grounds for termination.
  • Mediated individual human resources executive's wrongful termination, retaliation, and discrimination claims wherein later employment issues were at issue to assess damages exposure.
  • Mediated wrongful termination case in connection with FEHA and related claims primarily tied to alleged retaliation in connection with CFRA wherein insurance coverage issues were also involved.
  • Mediated wrongful termination claims wherein the plaintiff complained about discrimination in connection with hours assigned and was later terminated.
  • Mediated grant-funded employee's wage and retaliation claims against a non-profit organization.
  • Mediated retaliation claims alleged by a long-term manager allegedly terminated in a RIF wherein the company lacked documentation and the testimony cut both ways for all parties.
  • Mediated wage and retaliation claims wherein a home lending company failed to carry proper certifications or register agents, paid commissions from personal accounts, and allegedly retaliated with termination against employees who sought compensation or license benefits.
  • Mediated wrongful termination and retaliation claims by a senior recently promoted former employee who was allegedly part of a RIF but contended her inclusion was due to compliance complaints and complaints concerning the CEO's conduct.
  • Mediated retaliation and wrongful termination claims by a long-term, nursing manager.
  • Mediated claims by a trainer for a high-end grocery store chain wherein the plaintiff contended OSHA and other health-related challenges resulted in termination and claims of insubordination were pretextual.
  • Mediated age and disability discrimination claims, as well as allegations of hostile environment, retaliation, and failure to accommodate by a salesperson in their seventies against a national telecommunication company.
  • Mediated gender discrimination, pay equity, and sexual harassment claims by an executive who had been a member of an all-male finance team.
  • Mediated COVID-19 OSHA and sick time-related claims in connection with allegations of wrongful termination.
  • Mediated wrongful termination claims against a company and staffing agency in connection with interactive process and contentions of job abandonment.
  • Mediated several former employees' wage and hour and wrongful termination claims during an alleged RIF.
  • Mediated failure to engage in the interactive process, disability discrimination, and wrongful termination claims by a line cook who contended the national restaurant failed to engage with him after his medical leave and fire him without notice of shifts or accommodation engagement.
  • Mediated a car dealership's former sales manager's claims for wrongful termination allegedly due to national origin and age discrimination.
  • Mediated sexual harassment and discrimination claims that resulted in constructive discharge wherein the general manager sent salacious middle-of-the-night texts to a young employee and allegedly also touched her during harassment training and cornered her with intrusive sexually explicit questions.
  • Mediated claims between former spouses wherein they also were work colleagues (employer and employee) and their employment and divorce agreement terms intertwined. The employer contended they agreed to end the payout arrangement but the employee continued three additional years of deductions which the employee insisted was demonstrative that the agreement remained intact.
  • Mediated employee's claims of failure to engage in the interactive process as well as retaliation for engaging in protected activity.
  • Mediated FEHA discrimination and wrongful termination claims wherein out-of-state employer relied on CBA for leave time where the employee had yet to qualify for CFRA or FMLA but had medically necessary documented time for surgical leave.
  • Mediated a former employee's claim of discrimination, retaliation, and failure to engage in the interactive process against a prominent private university regarding mental health disability claims.

Federal

Antitrust

  • Virtual mediation involving price discrimination claims alleged under the Robinson-Patman Act and related California statutes against international beverage manufacturer.

Bankruptcy

  • Mediated a heavily disputed bankruptcy action wherein trustee brought multi-million dollars of damages claims on behalf of the not-for-profit company and the creditors against former officers and directors of an entity wherein in addition to unpaid wages and debts, claims of breach of fiduciary duty and negligence on behalf of individual subscribers to the company were asserted and a variety of insurance coverage issues were simultaneously in dispute.

Breach of Contract

  • Mediated disputes surrounding textile contracts, chargebacks, and offsets for company in financial distress and where solvent-related company was claimed to also be accountable for debts.

Class Actions

  • Mediated national class action against multiple defendants, including a national manufacturer, a multi-state packager, and a national distributor/retailer of frozen foods in connection with a Listeria outbreak.
  • Mediated TCPA class action against debt collection service company wherein damages were alleged to be nearly $1B.
  • Mediated multiple state and national class actions alleging consumer fraud, common law, breach of contract and warranty, unjust enrichment, and similar claims against national retailer in connection with the labeling of its products' chemical and environmental impact, which also were the subject of a FTC complaint.
  • Mediated putative class's TCPA claims against national sports teams for allegedly using prohibited ATDS text messaging including advertising and solely third-party advertising, as well as texting after 9:00 p.m., without express written consent.
  • Mediated putative class action case involving allegations that tomato sauce company's labeling was unlawful and misleading in violation of California law, New York law, the Federal Food, Drug, and Cosmetic Act of 1938, and FDA regulations.
  • Mediated class action claims against national healthcare provider alleging shortcomings with pension plan, including allegations of improperly exempting plan, failing to comply with ERISA requirements, and under-funding of the plan.
  • Mediated putative class action involving Federal Fair Debt Collection Practices Act (FDCPA) & Rosenthal Fair Debt Collection Practices Act (RFDCPA) claims.
  • Mediated putative, national, consumer fraud class action involving allegations against international electronics company.
  • Mediated nationwide class settlement involving TCPA claims against medical provider who allegedly used cell phone number provided by company clients but not authorized by cell phone number owner.
  • Mediated monetary and injunctive relief claims sought in connection with services and products marketed to individuals who are not U.S. citizens.
  • Mediated putative consumer class action alleging national claims for defective athletic wear, including unfair business practices (17200/UCL); unlawful business practices; state statutory trade practice and warranty claims; unjust enrichment; claims regarding implied warranties of merchantability and in tort; and claims of express warranty violations.
  • Mediated class action claims of breach of contract, misrepresentation, CLRA, UCL violation, breach of warranty, and conversion claims against a national theme park for incurred and ongoing membership fees where the theme park locations were closed or restricted due to the COVID-19 Pandemic.
  • Virtual mediation of multiple state plaintiffs' putative class action claims in connection with alleged UCL and fraud advertising regarding the water resistance capability of technology.
  • Virtual mediation of TCPA class claims against multiple car dealerships' marketing and administrative services company despite arbitration agreements with dealerships.
  • Mediated private class action claims concerning Michigan's Preservation of Personal Privacy Act (PPPA) wherein subscribers alleged their subscriptions and information had been improperly resold to third parties.
  • Mediated class action consumer fraud claims (GBL - NY/CA) involving marking on food label along with D&O and GL insurance coverage disputes.
  • Mediated putative nationwide class claims regarding privacy breaches related to medical and sexual orientation status.
  • Mediated putative class allegations of civil code violations (including certain claims related the Department of Business Oversight/Department for Financial Protection & Innovation) in connection with home loan servicer's escrow process with tax and insurance payments made in conjunction with mortgage payments.
  • Mediated putative CLRA, UCL, and related claims regarding products by private labeling company for big-box retailer concerning food products' packaging and price premium.
  • Mediated putative class claims including negligence, breach of contract, unjust enrichment, and statutory violations in connection with healthcare company's alleged data breach, wherein putative class's sensitive information was at issue.
  • Mediated TCPA claims concerning ringless dialing and robo-messaging by government contractor wherein asserted defenses included class certification, sovereign immunity, telemarketing challenges, consent issues, and the like.
  • Mediated data breach claims (following the resolution of a privacy act class action) against multiple defendants wherein data was managed, used, and relayed among different service providers and subcontractors.
  • Mediated facial recognition biometric privacy class claims in connection with software used at colleges nationally.
  • Multi-state putative class actions alleging defective manufacture of sold and leased vehicles wherein the defendant car company is alleged to have been aware of the defect without a disclosure.
  • Mediated putative class action TCPA case wherein health insurance company hired an independent contractor for marketing who also sub-contracted certain responsibilities.
  • Mediated consumer class action claims wherein ski resort season pass holders claimed contract and equitable damages in connection with the shutdown of resorts and facilities during the onset of the Covid-19 Pandemic.
  • Mediated FICRA class claims on national and state level as well as related wage and hour claims for another class of plaintiffs against the same defendant.
  • Mediated nationwide consumer class action claims against an airline in connection with flights and airline services affected by the Covid-19 Pandemic.
  • Mediated class allegations under New York and California statutes as well as contractual and negligence claims concerning data breach of personal identifying information.
  • Mediated multi-district litigation on behalf of millions of class members regarding the purchase and recall of a baby product, involving claims for consumer protection acts, breach of an implied warranty, negligence, unjust enrichment, and other damages.
  • Mediated TCPA action pending in a District Court wherein putative class alleged violation of multiple statutes in connection with text messages, opt-in protocols, and opt-out protocols.
  • Mediated national putative class action involving consolidated actions by multiple firms alleging data breaches that involved privacy policy, contract, HIPPA policy, as well as implied contract related claims wherein employee and patient information may have been compromised.
  • Mediated putative consumer class action alleging RICO claims, CLRA claims, UCL claims, and related claims on behalf of puppy purchasers who alleged they were deceived to pay for puppies bred for commercial profits when they believed the puppies were all rescued animals wherein their fees would have been attributed only to non-profit shelters.
  • Mediated putative national and Florida state DNCR and automated call claims under the TCPA and FTSA wherein there was no consent for calls secured by a third party that had subcontracted its origination of sale client information.
  • Mediated a putative TCPA class action concerning text messaging-related claims wherein the defense contended consent and an arbitration provision challenged the likelihood of certification.

Complex Civil Matters

  • Mediated CFAA and UCL action brought on behalf of LLC against former manager/current member of the LLC, wherein the LLC alleged that the former manager/current member intentionally accessed the LLC's financials and banking information after his removal and such access was improper.
  • Mediated Fair Credit Reporting Act (FCRA), California Investigative Consumer Reporting Agencies Act (ICRAA) & California Consumer Credit Reporting Agencies Act (CCRAA) claims against several consumer reporting agencies wherein plaintiff claimed he was not promoted to a permanent position and even thereafter terminated after employment reinstatement due to the agencies' repeated mistaken reports.
  • Mediated competitor businesses' dispute wherein HIPAA and other regulatory considerations were at issue as well as trademark, trade secret, and unfair competition claims were disputed.
  • Virtual mediation of elder abuse, negligence, fraud, and other contractual and tort claims in connection with recommendations and sales in Structured Cash Flow programs wherein investors were encouraged to liquidate retirement accounts and savings for guaranteed security returns to provide supplemental income and fund critical life insurance policies.
  • Virtual mediation of Fair Debt Collection Practices Act (Rosenthal) and Telephone Business Protection Act (TCPA) claims against a medical provider.

Copyright Matters

  • Mediated copyright and royalty claims among songwriters, music label, artists, and distributor.

Employment Issues

  • Mediated multiple actions pending in federal district court and arbitration forums concerning breach of employment contract allegations, including breach of contract, fiduciary duty, and attorney fee and costs shifting claims.
  • Mediated multiple actions pending in federal district court and arbitration forums concerning an asset purchase agreement of a services business wherein contract, fraud, and fee shifting claims and counter-claims were alleged.
  • Mediated employment matter involving dual litigation of federal claims and appeal of administrative decision between special education teacher and school district.
  • Mediated FEHA and retaliation claims wherein employee claimed discrimination based on sexual orientation and national origin as well as failure to comply with COBRA.
  • Mediated Federal Employers' Liability Act (FELA) involving mesothelioma injury and death claims against former employer, a railroad company.
  • Mediated claims by talent, producers, and production company concerning contract terms for entertainment programing as well as resolution of racial and gender discrimination claims and retaliation claims against entertainment streaming platform.

Insurance Coverage

  • Mediated insurer-insured dispute involving state and federal court actions concerning the duty to defend underlying unfair competition and/or trademark claims, the applicability of various policy exclusions, and Rule 11 action.
  • Mediated multi-party dispute among estate, estate administrator, and insurance company wherein administrator sued the estate for injuries suffered while on property prior to appointment to the estate and the estate and homeowner insurance company were concurrently litigating insurance coverage issues.

Patent Issues

  • Mediated patent, libel, and unfair business practices claims and counterclaims pending in multiple federal courts concerning an underlying patent dispute involving electrical circuitry.
  • Mediated software patent infringement case concerning computing devices, operating systems, security authentications, and remote access technologies.

Securities Issues

  • Mediated putative securities class action filed in Minnesota federal district court wherein the parties disputed the alleged disclosure dates, loss causation, the significance of a regulatory agency's investigation, among other issues, and damages were alleged to have exceeded several billion dollars.

Trade Secret Matters

  • Mediated trade secret and breach of contract (employment/non-solicitation provisions) claims among gaming industry competitors.
  • Mediated breach of employment contract, misappropriation of trade secrets, and related claims brought by employer against former executive salespeople who started similar company that serviced employer's now former clients and wherein former salespeople counterclaimed various employment violations, including PAGA and wage and hour allegations.

Trademark Issues

  • Mediated a complex dispute between a medical device manufacturer and a medical guideline publication including allegations of Lanham Act violations, trade libel, unfair competition, and intentional interference with economic relations.
  • Mediated trademark infringement, false designation of origin, and unfair competition claims involving a national retailer and clothing manufacturer wherein the defendants also counterclaimed for cancellation of the trademark and declaratory judgment.
  • Mediated sport-related trademark dispute involving unfair competition, trademark infringement, mark cancellation, and attorneys' fees claims and counterclaims.
  • Mediated trademark infringement action among entertainment presenter, music festival and retailers.
  • Mediated trademark infringement, false designation origin, and unfair competition claims in the apparel industry.
  • Mediated trademark infringement dispute between fitness industry providers including claims of federal trademark infringement, federal unfair competition and false designation of origin, cyber-squatting, state unfair competition, common law trademark infringement, and common law unfair competition.
  • Mediated trademark claims in fashion industry.
  • Mediated trademark and copyright infringement claims, as well as unfair business practice claims, in connection with tobacco and marijuana products against a distributor, alleged to have sold counterfeit iterations of its products.

Insurance

Bad Faith

  • Mediated business dispute between brokerage firm and bank wherein the firm and its principals made tort claims against the bank in connection with its financing of an insurance product in which they invested and the bank asserted cross breach of contract claims for past due, multi-million dollar company and personal loans.
  • Mediated insurer-insured dispute regarding intellectual property and advertising exclusions in the underlying insurance policy.
  • Mediated insured claim against insurer wherein the parties disputed insurer's obligations to contribute to negotiated settlement and coverage of cumis fees.
  • Mediated personal injury claims for two plaintiffs with issues concerning uninsured-motorist coverage.
  • Mediated allocation of interstate commercial trucking insurance policy wherein multiple parties suffered significant injuries that grossly exceeded policy limits and where coverage had been denied.
  • Mediated qui tam and retaliatory termination claims in connection allegations of gift cards awarded by provider to referral sources in the medical arena.
  • Mediated life insurance contractual and bad faith claims arising from widower's claim for policy proceeds and in connection with the insurer's declaratory claim to determine whether there was a payable event.
  • Mediated bad faith allegations in connection with the payment process on a life insurance policy.
  • Mediated company claim that carrier's lack of investigation and failure to defend was bad faith.
  • Mediated professional negligence, breach of fiduciary duty, financial elder abuse, intentional deceit/fraud and declaratory relieve claims on behalf of investors/life insurance purchasers against individual brokers, insuring/financial agency, life insurance provider, and attorney.
  • Mediated malpractice, fraud, and breach of fiduciary duty claims by investor against annuity and life insurance company, as well as the independent insurance agents, their insurance company, and their financial services company.
  • Mediated personal injury claims involving bad faith, fraud, and statutory condition precedent issues revolving around insurance coverage.
  • Mediated insured property owners' claims in connection with multiple locations for coverage against insurance tower in connection with property losses alleged due to Covid-19.

Coverage

  • Mediated a multi-party and multi-case complex insurance matter wherein certain parties had indemnification claims and related action concerning broker professional liability and related insurer-insured claims.
  • Mediated EPL insurance coverage dispute between insurance carrier and excess coverage carrier.
  • Mediated insured-insurer dispute arising from policy interpretation, defined and undefined terms, willfulness allegations, duty to defend, and a variety of exclusions, wherein part of the coverage dispute concerned whether general partners and optionees were similarly situated, single cf. multiple claim(s), and when coverage was triggered for acquired/merged or majority-owned entities. Side B indemnity issues were also disputed. The underlying actions for which coverage was asserted to apply included securities claims surrounding the insured's acquisition of a smaller entity accomplished in part by immediate payment for certain owners' shares or, per the owners' option, payment based and triggered upon a property-sale (through a redemption option agreement).
  • Mediated national insurer & multi-national insured dispute concerning long-tail liability claims involving asbestos exposure wherein insured and excess carrier disputed whether defense costs were encompassed by the policy limits, non-cumulation applied, and bad faith allegations.
  • Mediated insurance coverage dispute between insurer and insured including claims and counter-claims concerning premium calculations, policy cancellation protocols, bad faith, breach, as well as past denials of underlying workers' compensation claims.
  • Mediated insurance coverage dispute concerning coverage claims for alleged increased price consideration in connection with an underlying shareholder class action of the insured acquired company.
  • Mediated personal injury claims concerning neck, back, and shoulder in connection with a multi-car accident wherein the plaintiff sought and received decompression therapy.
  • Mediated underlying claims against life insurance company and independent agent alleging recommended and purchased universal life insurance policy and structured cash flow purchase were unsuitable and agent made misstatements concerning both products.
  • Mediated insurance coverage dispute by professional services company against insurance carrier in connection with settlement professional services company secured despite insurance carrier's reservation of rights.
  • Mediated premises liability claims brought on behalf of toddler whose hand was trapped in the mall escalator.
  • Mediated breach of contract dispute in connection with the administration of a settlement fund.
  • Mediated claims by international company against vendor for services contracted in connection with high-profile, national settlement.
  • Multi-party case wherein electric hybrid car ignited in garage destroying the car and most of the home involving subrogation and first party claims as well as cross-claims among insurers, car owner, car dealership that performed car service, & car manufacturer.
  • Mediated insurance coverage dispute concerning director and officer insurance tower in connection with an acquisition.
  • Mediated multi-party disputes in connection with subrogation claims by multiple insurers regarding their insureds' fire losses as well as the insureds' claims against additional third parties.
  • Virtual mediation involving personal injury claims alleging tinnitus, neck, limb, and back injuries.
  • Mediated assigned insurance claims brought by an injured employee litigating the claims of his employer against the employer's broker and insurer after the former employer was denied coverage and defaulted in the underlying action.
  • Mediated multi-party claims among former employee against former employer who served as the employee benefits plans' administrator (pension and bonus plans) and the employer/administrator's claims against its third-party administrator of the retirement plans, as well as the insurance coverage issues related thereto.
  • First party property insurance claims for policy coverage, bad faith and declaratory relief against insurer as well negligent misrepresentation claims against the independent insurance adjuster in connection with commercial property damage wherein vandalism, copper pipe/electric wire theft and other instances were at issue.
  • Mediated three inter-related litigations wherein the subcontractor principal/founder was severely injured working on the contractor's project. The plaintiff individually sued the contractor, the contractor brought contractual and equitable claims against the plaintiff's company/employer, and the plaintiff's company had litigation pending against its insurer in connection with the contractor's indemnity claims.
  • Mediated claims between insurers regarding policies held by co-defendant wherein the parties disputed the breadth of an omnibus clause, tender related issues, as well as settlement valuations in connection with the underlying litigations.
  • Mediated multi-party injuries alleged to have been suffered by a ride-share driver and passengers, including TBIs and significant plastic surgery, wherein ride-share company contested coverage.
  • Insurers and insureds litigation over coverage in connection with shareholder-related settlement wherein the policy included a "bump-up" exclusion.

Ins. Class Action

  • Mediated certified class action CIPA claims along with related insurance coverage issues.
  • Mediated class action alleging 8-figure damages due to invasion of privacy pursuant to California Section 632.7(a) (CIPA) as well as insurance coverage dispute between the defendant and its insurer.
  • Mediated FCRA and ICRA claims raised by putative class.
  • Mediated class action claims regarding insurers' payments of sales tax on leased vehicles, as well as title and registration fees.

Insurance Broker Agent Malpractice

  • Virtual mediation of dozens of policyholders' claims in connection with indexed universal life policies that allegedly were recommended by financial advisors (who were claimed to be the life insurers' agents) as part of an investment involving structured cash flows and future income payments as well as the life insurers' contractual and fraud claims against the financial advisors.

Inter Carrier Dispute

  • Mediated insurance coverage dispute concerning personal injury claims by worker at construction site involving insurance towers for the subcontractor and general contractor where issues surrounding additional insureds, contractual indemnification, employer duty, and horizonal/vertical exhaustion issues among primary and excess carriers.

Property Damage

  • Mediated property damage claims for the death of a dog alleged to have been killed due to Listeria infecting dog food.
  • Mediated multi-party warranty, tort, and contract claims among race car owner, software technician, and mechanic.
  • Mediated multiple actions and cross-actions by owner and owner's insurer against dealership and manufacturer after vehicle burned out damaging vehicle and flatbed. Subrogation claim by the insurer and insured owner's independent claim for uninsured consequential losses. Dealership and Manufacturer also had indemnity claims.

Subrogation

  • Mediated subrogated claims asserted by insurance carrier against building contractor and appliance importer and seller in connection with residential premises fire that originated where remodeling work was completed.
  • Mediated insurance coverage subrogation action wherein the homeowner's insurer pursued the appliance manufacturer for the loss and damages allegedly caused by the appliance's defect/malfunction.

Intellectual Property

IP Trade Secrets

  • Mediated dispute between technology company against start-up company created by its former founder and employees wherein former employee's retention of files and other alleged misuse of proprietary information were the basis of trade secret and tort claims.
  • Mediated trade secret theft allegations against former employees and their new company in the entertainment services arena.
  • Mediated former employer's unfair competition, breach of loyalty, misappropriation of trade secrets and labor claims as well as the former employee's wage and hour claims.
  • Mediated multi-party business claims and counterclaims wherein a former real estate associate was alleged of misappropriating trade secrets, funds, and other contractual and fiduciary breaches and the associate counterclaimed for disparagement, forgery, interference, wage, and other contractual and tort claims in addition to claims, counter claims and cross-claims involving broker agency.

Probate

Estates/Trusts

  • Mediated probate-related disputes between mother and estranged daughter (as well as estate planner and escrow agent) in connection with grandmother's estate, including real estate-related trusts, time-share interest, trust bank account, and corporate stocks.
  • Mediated trust and estate dispute involving multiple separate and family trusts among step siblings wherein the decedent and widower were previously married with separate trusts but also had created a variety of community trusts and issues included tracing of assets, capacity to execute documents, and retirement benefits.

Professional Malpractice

Professional Malpractice Legal

  • Resolved legal malpractice and professional liability insurance claims in connection with underlying divorce and probate actions.
  • Mediated claims for legal malpractice in connection with underlying case concerning licensing agreement, including trademark, account stated, and breach of contract claims against attorney and law firm as well as counterclaim to recover contingency fees.
  • Mediated legal malpractice claims against national law firm in connection with clients' loss after final judgment in PAGA class action.
  • Virtual mediation of legal malpractice claims by multiple plaintiffs against two law firms wherein later settlement release documents in the underlying matter were contended to eliminate plaintiffs' claims.
  • Virtual mediation involving legal malpractice claims against a national law firm for estate administration and related closely-held business litigation.
  • Mediated legal malpractice claims against the attorney after the recommended investment advisor embezzled all funds, wherein the plaintiffs contended that the underlying settlement was negligently secured and the referral constituted malpractice (following the loss of several claims by dispositive motion).
  • Mediated professional's claims against long-term counsel in connection with over-turned default judgment due to appellate court's finding that counsel failed to complete service in the underlying case as well as other allegations of attorney misconduct.
  • Mediated claims (personal/individual & firm) by a homeowner against former attorneys regarding litigation, settlement, recording interests, and other work done during the attorney-client relationship.

Real Estate

Breach Of Contract

  • Mediated a multi-million dollar complex real estate transaction dispute concerning a stage parcel sale of a single tract wherein contract and equitable claims were alleged by both sides.
  • Mediated multi-party litigation concerning the sale of a luxury home wherein the buyer alleged contract and tort claims against brokers and seller in connection with plumbing and related disclosures.
  • Mediated fraudulent inducement, breach of fiduciary duty, elder abuse, and breach of contract claims among real estate company, real estate brokers, real estate agent, trustee, and individual seller home seller.
  • Mediated multi-party action among real estate agents and former and acquiring brokerage firms concerning commission arrangements, as well as other contract and tort allegations, which included misappropriation and fraud, theft of client information, and disparagement and defamation claims.
  • Mediated dispute between life-long family friends wherein plaintiff claimed breach of fiduciary duty, fraud, and tort-based claims in connection with several real estate transactions as well as cross claims for intentional infliction of emotional distress and defamation.
  • Mediated direct, counter, and cross claims among original commercial business center owner, buyer of certain parcels of business center, and tenant, wherein tenant contended lease was canceled by violation of its exclusive rights under lease and CC&Rs and that seller of business center breached similar exclusivity obligations, and new owner contended default by tenant and interference with contract against business center seller.
  • Mediated former employee/franchisee dispute with real estate broker franchisor in connection with contract, tort, and franchise law claims.
  • Mediated a multi-party real estate dispute concerning tort, contract, and statutory claims involving medical provider's lease, CUP, construction, and other considerations wherein broker and landlord had various cross-claims as well.
  • Mediated a partition and accounting dispute among family members who filed claims for partition and cross-claims for contributions and accounting related to disputed upgrades of commercial property.

Buy/Sell

  • Mediated real estate dispute including claims against broker and brokerage firm wherein the broker was a dual agent and alleged to have equity interests in relevant properties and whereby related agency investigation was underway. Claims concerning adequate licensing and supervision also were alleged as well as claims and defense concerning insurance.
  • Mediated claims by minority shareholders and founding member of company wherein plaintiffs alleged board members engaged in self-dealing of in-development agritechnology and deprived plaintiffs of their interests.
  • Mediated multiple minority shareholders' claims involving the sale of company's technology and assets to another entity wherein board members allegedly held an interest.
  • Mediated real property dispute wherein home buyer alleged fraud, breaches of fiduciary duties, and negligence claims against the buyer's agent and brokerage firm.
  • Mediated cross-claims between restauranteurs, one the buyer of the business and acquirer of the lease and the other side making claims in connection with the payment note wherein there were many detailed issues concerning accounting practices, payroll, goodwill, and material disclosures.
  • Mediated creditor's claim and individual's alleged assigned rights to claims concerning a promissory note, deed of trust and property, as well as counterclaims for default and election to sell wherein trial-ready claims included breach of contract, declaratory relief, breach of good faith, money had and received, slander, and intentional & negligent misrepresentation. There were also relevant issues in connection with an underlying bankruptcy in connection with the note as well as payments received and demanded after the note's maturity date.

Landlord/Tenant

  • Mediated contentious real estate dispute involving initial claims and a variety of cross claims that included an action for breach of contract and failure to pay rent on a commercial lease and cross-claims of breach of contract & implied good faith, fraudulent inducement re: leasing, constructive eviction, promissory fraud, and declaratory relief. Insurance coverage also was at issue.
  • Mediated dispute among former, close friends involving breach of contract claims concerning a written and oral loan agreement as well as counterclaims concerning usury.
  • Mediated breach of contract and fraud claims concerning a loan as well as usury counterclaims wherein non-monetary issues, including an ABC license and a recorded lis pendens, where critical drivers in addition to the monetary components in dispute.
  • Mediated multi-plaintiff actions against landlord after building suffered severe fire and water damage and repairs were not scheduled nor were leases terminated.
  • Mediated discrimination and illegal eviction claims by elderly residential tenant against religious, non-profit landlord.
  • Mediated breach of fiduciary duty and contract claims by commercial tenant against broker, leasing agent, and brokerage firm for failure to properly negotiate and advise concerning contracts with original landlord and subtenant.
  • Mediated unlawful detainer action between commercial landlord and long-term restaurant owner.
  • Eve of trial mediation of FEHA discrimination and retaliation claims by a long-term tenant in a rent-controlled housing unit.
  • Mediated landlord-tenant habitability claims involving claims of black mold and asbestos wherein the tenant family included a pregnant mother and young children renting an upscale home and both the tenant and landlord were licensed in the real estate arena.

Neighbor Dispute

  • Mediated long-running litigation between neighbors concerning fencing, trees, roots, grading, and drainage as well as contested property lines.

Property Damage

  • Mediated commercial tenant's claims of negligence, breach of contract, breach of good faith and breach of quiet enjoyment claims alleging landlord failed to repair or terminate lease after severe building fire.
  • Virtual mediation of multiple homeowners' claims and counterclaims concerning property lines, water diversion, demolitions, and improvements, as well as easement issues related to nuisance, trespass, personal injury, declaratory relief, and negligence claims wherein city design board was still reviewing modifications.

Real Property

  • Arbitration of dispute arising from the purchase of a residential home specifically involving allegations concerning broker and party duties, representations on real estate purchase and sale forms, and issues concerning the construction, maintenance, and condition of a luxury swimming pool.
  • Mediated architectural firm's claims for non-payment and underpayment in connection with construction work performed or to be closed out throughout the school district.
  • Mediated potential arbitration claims between two landowners concerning dominant and servient easement obligations pursuant to CC&Rs as well as agreements with contractor.

Transaction

  • Mediated a multi-party dispute against brokerage companies and realtors involved in the purchase of rental property for an individual as well as selection and management for tenants and tenants' broker where the tenants defrauded the property manager and landlord.

Warranty of Habitability

  • Mediated multiple plaintiff action against mobile home operator (entity and individual defendants) alleging discrimination, failure to maintain, and illegal/fraudulent charges and rent increases based upon, implied warranty of habitability, implied covenant of quiet enjoyment, statutory and common law nuisance violations, negligence, Mobile Home Residency Law violations, unfair business practices, intentional inflection of emotional distress, conversion, elder abuse and intentional misrepresentations. Damages exposures neared eight-figures. Insurance coverage disputes were also involved stemming disputes about exclusions, policy interpretation, and covered cf. uncovered claims.
  • Mediated a variety of habitability-related claims by a group of tenants against landlord where the claims included breach of implied warranty of habitability, breach of quiet enjoyment, nuisance, negligence, unfair business practices, intentional infliction of emotional distress, conversion, fraud, elder abuse, and violations of mobile home residency laws. The matter also involved insurance coverage issues between the insured landlord and the landlord's insurer.
  • Mediated habitability, negligence, and other tort and statutory claims by tenants against landlord in affluent community.
  • Mediated multi-plaintiff claims against landlords alleging habitability, negligence, mobile home, and various tort claims.
  • Mediated warranty of habitability claims alleged by a shooting victim wherein a variety of premises liability and insurance coverage issues were in play.
  • Mediated complex, multi-party premises liability claims in connection with large trailer park wherein additional issues arose in connection with insurance coverage for different periods and minors' claims and interest were also at issue.
  • Mediated multi-plaintiff, alleged multi-million dollar action involving habitability claims concerning trailer park and rented trailer home conditions wherein insurance coverage issues related to the defenses were also at issue.
  • Mediated habitability claims brought by multiple tenants against landlord.
  • Mediated long-term lease dispute between large city and lessee, wherein land sale and/or renewed leasing as well as market increase appraisals for past rent were at issue among other concerns.
  • Mediated breach of contract and declaratory relief claims and counterclaims between city agencies and sublessee concerning rent adjustments and buy-out opportunities wherein low-income housing requirements as well as public utility property were also at issue.
  • Mediated multiple plaintiff tenants' habitability claims against mobile home park owners.
  • Mediated habitability claims by mobile home tenants as well as offset defenses raised by landlord.
  • Mediated family's claims from mold exposure that compelled them to leave their home just before the COVD-19 Pandemic began where the property management, landlord, and insurers also had private claims among themselves in an arbitration forum.
  • Mediated real estate and shareholder claims of mobile park parcel owners against mobile park in connection with reconstruction after fires.

Tort

Catastrophic Injury

  • Mediated personal injury claims by amputee who was hit by tour bus and wherein default judgment issues were on appeal.
  • Mediated personal injury claims allegedly suffered due to negligent boating after the plaintiff underwent multiple surgeries, including various maritime law allegations.
  • Mediated personal injury matter wherein multiple fusion surgeries were successfully performed, but chronic pain ensued. Degenerative issues and treatment history challenged causation arguments.

Civil Rights

  • Plaintiff alleged UNRUH, intentional infliction of emotion distress, negligence, and negligent hiring & supervision in connection with plaintiff's allegations as to treatment and interactions at luxury resort.

Defamation

  • Mediated former broadcasting executive's claims for defamation in connection with network's statements surrounding claimant's departure.

Discrimination

  • Mediated housing discrimination and constitutional rights claims by tenant against landlord.
  • Mediated disability discrimination and wrongful termination claims in connection with mental illness treatment.
  • Mediated Fair Housing and related discrimination claims on behalf of a family who alleged their mortgage application was improperly denied due to discriminatory practices against women regarding maternity leave that were not justified due to COVID-19 and that implicated HUD issues as well.
  • Mediated fair housing claims for accommodations and money on behalf of a severely disabled minor child wherein the family sought improvements to windows and doors as well as a reserved parking spot accommodation from an apartment complex in addition to other accommodations, attorneys' fees and costs, and other financial damages.

Elder Abuse

  • Mediated elder abuse and medical malpractice claims (negligence and recklessness) brought on behalf of elderly plaintiff against nursing facility that provided plaintiff's long-term care.
  • Mediated elder abuse, negligence, and contract claims by home buyer and landlord against realtor and brokerage wherein the plaintiff claimed the realtor negligently and fraudulently induced the purchase and coordinated the lease with tenants the realtor knew or should have known were involved in illegal business.

Food Safety

  • Mediated personal injury claims wherein physical illness and emotional distress damages were alleged by adults and minors in connection with nationwide Listeria contamination.

Personal Injury

  • Mediated scores of personal injury cases, including numerous slip-and-fall cases, involving alleged injuries to neck, shoulder, back, spine, and extremities, as well as PTSD. Many of these cases involved determinations of issues including: comparative fault, vicarious liability, and commercial leasing. Many cases also involved insurance coverage issues, including subrogation, contested workers compensation, and third party coverage.
  • Mediated personal injury claims involving private moving company on homeowner's premises wherein homeowner alleged knee and shoulder surgeries were necessary after injuries due to moving company's negligence.
  • Mediated personal injury claims including negligence, premises liability, disability per UCRA, & CDPA against store-owner wherein patron fell and sustained hip injuries requiring multiple surgeries as well as store-owner's cross-claims against plaintiff's caregiver institution.
  • Mediated premises liability claims against landowner and lessor of senior living facility where plaintiff and plaintiff's adult child sought damages in connection with plaintiff's fall in outdoor stair area resulting in significant shoulder and arm surgeries.
  • Mediated personal injury claims involving complicated hand injury after a fall was suffered due to alleged premises defects and unsafe conditions where owner, general contractor, paver company, plumbing company, and grading company had various cross claims against one another as well as disputes concerning indemnity and AI issues.
  • Mediated personal injury claims alleging severe PTSD allegedly due to utility company and its independent contractor's maintenance of public facility.
  • Personal injury and negligence claims in connection with injuries allegedly suffered during attack at night club.
  • Mediated personal injury claims allegedly sustained on sidewalk managed by city.
  • Mediated personal injury claims and loss of consortium claims after a fall in a casino from detached table bumper.
  • Mediated subrogated claim by home insurer regarding manufacturing and design defects in connection with household appliance wherein the parts manufacturing company, assembling company, and appliance manufacturer/seller were joint defendants.
  • Mediated personal injury claims against cleaning contractor and sub-contractor wherein injuries were alleged to be unresolved and accordingly the worker's compensation provider also had claims.
  • Virtual mediation of personal injury claims including back fracture and diagnosed TBI after a fall at amusement park wherein independent cleaning crew and amusement park were named defendants.
  • Mediated coverage dispute between co-defendants and their respective excess carriers in connection with subcontractor indemnities and additional insured terms provided by carriers and/or contracts wherein catastrophic injuries were alleged.
  • Mediated personal injury claims in connection with the purchase of a pet from a national retailer.
  • Mediated personal injury claims and counterclaims regarding a severe bicycle v. bicycle accident wherein the cyclists both had insurance coverage issues with their homeowner and umbrella insurers.
  • Mediated injury claims, including brain injury, allegedly suffered due to a defective (alleged to have been recalled) electronic bicycle against manufacture and bike renter.
  • Mediated multiple plaintiffs' injury claims involving auto and premises issues wherein disposal service company and apartment complex had cross-claims against one another as well.
  • Mediated back injury claims in connection with a fall at a hotel wherein there were other worker's compensation claims since the injury and the video footage were unclear.

PI Assault and Battery

  • Mediated Section 1983 claims, as well as civil torts (e.g., assault, battery, false imprisonment, negligence, and intentional infliction of emotional distress).
  • Mediated personal injury and property claims by a regular client of an upscale restaurant following plaintiff's assault by an unknown party wherein the security company, the restaurant, and landlord had various cross-claims as well.
  • Mediated multi-party claims and cross-claims where plaintiff alleged assault by an off-duty police officer at a large holiday event and the hosting organization cross-claimed against the off-duty police officer and other individuals who were present for the altercation.

PI Auto

  • Mediated more than 70 cases involving vehicle accidents, including multi-car accidents, collisions involving big rig and semi-trucks, vehicle-on-pedestrian/cyclist accidents, motorcycle accidents, and accidents involving rideshare vehicles. These cases have involved a vast range of injuries to both adults and minors, including: traumatic brain injuries and alleged related psychosis/hallucinations, back and neck injuries, spinal and disc injuries, radiculopathy, facial scarring, and injuries to the upper and lower extremities. These matters have also involved alleged nerve damage, chronic pain, degenerative issues, severe abdominal swelling and bruising, post-concussion trauma, alleged resulting stroke and cerebral artery blockage, as well as the need for multiple surgeries and future care. More often than not, these disputes involved issues of causation and disputes over the nature and extent of the alleged injuries. In many cases, the plaintiffs had preexisting conditions or intervening events/injuries lead to complex disputes regarding the extent of injuries actually arising from the accident. Most of these cases also involved various insurance coverage issues, including: disputes about policy language, the interplay of various insurance policies (such as between vehicle owner’s policy and driver’s policy), issues of allocating vehicle insurance policies where damages exceeded total tendered policy amount, first party insured/insurer disputes, and bad faith claims.
  • Mediated under-insured motorist claims against multiple insurance carriers involving back, neck and shoulder injuries as well as post-traumatic stress claims.
  • Public entity personal injury tort case against a police officer and his employer - including punitive damage exposure arising from the accident and the post-accident investigation. Conflicts of interest, self-insured retention issues, insurance coverage issues, traumatic brain injury, significant orthopedic injuries, and post traumatic stress disorder claims.
  • Mediated claims against city and police department in connection with an accident alleged to have resulted due to police pursuit, including claims concerning adherence to government code and police policies.
  • Mediated wrongful death case brought by surviving family members, including minor child, wherein the parties disputed whether the driver was acting in the "course and scope" of employment and also related insurance coverage disputes.
  • Mediated civil assault and personal injury claims against individual defendant and that individual defendant's employer where defendant struck plaintiff with car multiple times.
  • Mediated claims brought on behalf of family and the individual left in a vegetative state after sustaining injuries inflicted as bystander to a police pursuit.
  • Mediated multi-party personal injury claims where passengers in car and other affected drivers had claims against 100% liability driver whose brakes failed but where insurance policy was limited.
  • Mediated personal injury claims by family in connection with their uninsured motorist policy, wherein toddler allegedly suffered severe night terrors, mother was 28 weeks pregnant, and father alleged sever soft tissue damage.
  • Mediated multi-party personal injury claims following surgeries allegedly due to car accident caused by defendant who was suspected of being intoxicated.
  • Mediated claims of traumatic brain injury damages against estate of driver and driver's insurer as well as cross claims be estate against insurer and former panel counsel provided by insurer.
  • Mediated uninsured motorist claim by insured against own insurer immediately before arbitration proceedings wherein the insured plaintiff had undergone multiple surgeries over a half-dozen years.
  • Virtual mediation of pedestrian personal injury claims following multiple surgeries and TBI diagnosis after being struck by a car in the crosswalk.
  • Mediated personal injury claims by a passenger in a ride-share car wherein the plaintiff received pain management, epidurals, decompression, microdiscectomy, and foraminotomy procedures, physical therapy, counseling, and additional piriformis surgery was anticipated.
  • Mediated cyclist's personal injury claims against motorist where the police allegedly encouraged the defendant to pay plaintiff off in cash only to have a formal claim follow.
  • Mediated an injury suffered in a car accident while using a company car for personal use wherein continued employment opportunities were alleged to be limited due to severity of the injury.
  • Mediated injury claims that coincided with workers' compensation treatment and disability treatment from employment.
  • Mediated personal injury claims alleged in connection with an accident with a semi-truck wherein driver liability as well as vicarious liability were heavily disputed and there were valuation differences between the different carriers.
  • Mediated personal injury claims against a driver and ride share company wherein the injured claimants were minors whose injuries allegedly impacted their scholastic and athletic careers.

PI Sexual Assault

  • Mediated medical malpractice negligence claims and civil battery claims that involved punitive damages claims against a doctor and hospital.
  • Mediated negligence and assault claims against a medical professional.
  • Mediated claims by sexually assaulted former employee, who was a minor at the time of the incident, against employer for negligent hiring and supervision of fellow employee who had provided false identification & allegedly failed to complete adequate sexual harassment training and against property owner of commercial area concerning failure to provide adequate security and safety measures.
  • Mediated sexual assault claims against alleged assailant, restaurant, and security company working inside restaurant.
  • Mediated plaintiff/employee's claims of sexual assault, gender discrimination, and other torts in connection with employment relationship that also involved a contested religious union and wherein certain business partners were unaware of a fellow-principle’s involvement with the employee.
  • Mediated Title IX federal claims and state claims (negligent supervision/retention/hiring, Unruh Act & other tort claims) brought by a former student against a state university wherein an internal investigation confirmed unprofessional and sexual harassing conduct by a professor against the student, and where the student also brought claims in connection with the Title IX process, including student protection, investigation, and resolution efforts and communications as well as the professor's continuing role at the university.
  • Former long-term mistress alleged sexual abuse with ex-partner wherein the parties contended one another extorted each other with litigation. The plaintiff contended various physical and sexual assaults.
  • Mediated sexual assault and harassment claims against an international company wherein the investigation waned and there were comments and touching alleged on the truck line.

PI Sexual Molestation

  • Mediated alleged sexual assault claims against in-home massage therapist and referral agency wherein contractual and tort representation claims, consumer fraud, employment, and injury claims were asserted and various insurance and indemnity provisions were at issue.

Premises Liability

  • Mediated scores of premises liability cases, involving all degrees of personal injuries. Defendants have included big box retailers, major supermarket chains, amusement parks, contractors/subcontractors, homeowners, landlords, and public entities. These cases are often multi-party actions and have involved a wide range of issues, including questions of comparative fault, medicare issues, and insurance issues.
  • Complicated premises liability/negligence case with an issue if plaintiff was in the course and scope of employment with defendant. Defendant had no liability or workers compensation insurance. Plaintiff became incomplete quadriplegic when he overturned a ATV owned by defendant. Case settled in mediation.
  • Mediated personal injury dispute involving a personally uninsured plaintiff who suffered foot and leg trauma and asserted failure to warn and defective concrete and flooring claims. The national chain retail store defendant disputed liability and asserted comparative fault defenses.
  • Mediated dispute by tenant against landlord, apartment management company, and security company after tenant was severely assaulted by an intruder and wherein there were cross claims among defendants as well as insurance coverage issues.
  • Mediated personal injury claim against a national retailer wherein plaintiff claimed fall resulted in neck, cervical, and skull injuries, including concussive symptoms and dental injuries.
  • Mediated multi-party settlement involving plaintiff's hip injury claims suffered in a parking garage where in addition to liability disputes responsibility and allocation issues among the garage's owner, management company, and cleaning companies also were at issue in addition to insurance coverage issues.
  • Mediated personal injury claims against neighbor and remediation contracting companies involving mold exposure claims as well as claims arising from surgeries required for leg and hip injuries allegedly suffered after condominium was flooded and in connection with remediation work.
  • Mediated back, shoulder, knee, DVT, and other personal injury claims against buyer broker, seller broker, and homeowner where plaintiff as the potential buyer was hurt after falling at the home for sale.
  • Mediated mold premises liability dispute between individual landlord and tenants wherein the tenants included minor children and adults who alleged contract and tort claims in connection with mold-related injuries.
  • Mediated premises liability injury at bounce/play facility involving partial amputation.
  • Mediated premises liability matter wherein plaintiff was a lessee and had multiple fingers amputated as a result of the injury suffered at the property owned by a religious institution.
  • Mediated personal injury claims against national gaming franchise where young child suffered physical and emotional injuries after ride's cord interfered with game.
  • Mediated multi-party personal injury claims, including alleged permanent vision loss, TBI, orthopedic, and psychological injuries in connection with family members' crash of rented jet skis.
  • Governmental entity claim where a tree branch fell from a tree and severely injured Plaintiff. Plaintiff had evidence that the tree was diseased for years and that a reasonable inspection program would have discovered it and the tree removed.
  • Mediated premises liability action involving soft tissue injuries to neck and back wherein issues arose whether treating lien doctors were bound by Medicare rates as Medicare providers with a plaintiff who they treated on lien but was Medicare eligible.
  • Mediated multi-party premises liability claims and cross-claims involving city and railroad.
  • Mediated personal injury claims against chair manufacturer, party rental owners, and homeowner in connection with injuries allegedly sustained at homeowner's party.
  • Mediated premises liability claims against mall owner wherein security was an independent company and a kiosk lessee also had independent terms, but the other parties' proximity/involvement at the time created additional issues of fact after the plaintiff undisputedly suffered a fall and thereafter received treatment and surgery.
  • Mediated multi-defense matter in connection with alleged severe injuries due to the collapse and fire of electrical and cable wires across a freeway; wherein the plaintiff driver sued the city, electrical company, and cable company.
  • Mediated claims between business and licensed electrician wherein a fire resulted from the electricity work for the long-term licensed electrician, including subrogation claims by company's insurance carrier.
  • Mediated brain injury claims after being struck by a billiard ball at a restaurant.

Product Liability

  • Mediated multi-district litigation of a consumer fraud class action concerning nationally distributed beverage wherein claims included unfair competition, various states' legal remedies and fraud acts, deceptive trade practices, and breaches of express and implied warranties.
  • Mediated product liability claims including manufacturing defect, design defect, failure to warn, and negligent strict product liability in connection with injuries allegedly sustained due to seat back frames, seat back yield, and restraint system issues.
  • Virtual mediation of claims against manufacturers and distributors of medical device & product companies, including defective manufacture & design as well as failure to warn claims.
  • Mediated products liability claims in connection with injuries allegedly suffered due to the forklift's defective design.
  • Mediated product and design defect claims against car manufacturers and negligent maintenance claims against a car dealership as well as defense cross-claims.
  • Mediated products liability case concerning failure to warn, design defect, and other tort claims against the manufacturer, distributor, and retailer in connection with sexual enhancement product. Plaintiff alleged injuries included chemical burns, emotional injuries, and other physical injuries.
  • Mediated strict liability and negligence claims concerning industrial lighting fixtures wherein manufacturer contended the installer's modifications as well as the plaintiff's conduct significantly contributed to the alleged injuries.
  • Mediated strict liability and res ipsa loquitur claims against bottling company, beverage company, and vending machine company wherein plaintiff alleged byproducts in canned beverage caused severe illness, complication, and loss of earnings.
  • Mediated individuals' claims in connection with a rented electric scooter.
  • Mediated wrongful death of infant claims against the manufacturer and distributor of baby products.

Toxic Torts

  • Mediated dispute between parent and private school involving tort allegations, including misrepresentation and fraud, in connection with alleged undisclosed environmental issues.

Wrongful Death

  • Mediated wrongful death action in connection with premises liability.
  • Mediated allocation of remaining insurance policy limits for injured survivors of a car accident involving multiple fatalities.
  • Mediated wrongful death claim on behalf of minor child against estate of homeowner who killed alleged burglar.
  • Mediated multi-party accident wherein parent was killed and children were involved.
  • Mediated multiple wrongful death cases on behalf of infants against multinational toy manufacturer.
  • Mediated wrongful death claims by families following the loss of infants allegedly connected to a baby product.
  • Mediated multiple families' claims in connection with infants' death allegedly due to fraud and misrepresentations in connection with a baby product.
  • Mediated individual wrongful death claims on behalf of an infant due to alleged defects of the carrier.