Bankruptcy

Case Coordinator/Consulting Expert for the Future Claimants' Representative in multiple asbestos-related Chapter 11 reorganization proceedings conducted under the special 524(g) section of the Bankruptcy Code for asbestos-related bankruptcies.

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Class Action

Co-Mediator for a mediation of a class-action suit against a number of pharmaceutical companies involving pricing practices and reimbursement rates paid to healthcare plans, pharmaceutical benefits managers, and other third parties. Settlements have been achieved with some of the parties.

Co-Mediator for a mediation of an ERISA class-action suit against a Fortune 500 company over pension plan funding. The primary issue involved the company's conversion from a defined-benefit pension plan to a cash-balance pension plan. Case Settled.

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Computer/Internet

Consulting Expert retained by defense counsel for a litigated case between a developer of a client-server document imaging and management software product (defendant) and a value-added reseller (VAR) of client-server software (plaintiff). The VAR claimed the software product was defective and that the developer provided inadequate technical support. The software developer claimed that the VAR was unqualified and inexperienced to market, install, train and support end-users of its product. Case settled prior to trial.

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Construction

Neutral Expert for the mediation of a dispute between the owner of a major urban transportation project and a joint venture of prime contractors. Issues in this multi-claim, multi-hundred million dollar dispute included: contractor resources and inefficiencies; subcontractor performance, defective contract documents, unforeseen conditions, means and methods, claim calculation methodologies, and maintenance of the project schedule. Parties achieved resolution on some issues but failed to resolve other issues.

Co-Mediator/Case Manager tasked with oversight, coordination and management activities in a one and a half year long mediation of a dispute among the owner, a contractor joint venture, and the architect for the construction of a $360 million dollar eastern U.S. sports facility. Issues included: schedule slippage, substantial completion, punch list completion, liquidated damages, warranties, cost to complete, and payments to subcontractors. Case settled.

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Neutral Expert in the mediated settlement of an allocation of investigation costs among twenty-eight potentially responsible parties (PRPs) at a USEPA Region I Superfund landfill site. Settlements were reached with twenty-seven of the twenty-eight parties.

Neutral Expert for an allocation of past and future response costs at a USEPA Region II Superfund site conducted as part of a mediated settlement among three plaintiff parties seeking cost contribution from fourteen defendant parties at an abandoned municipal landfill site. A global settlement was achieved.

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Consulting Expert retained by defense counsel for the litigation of a contribution action for cleanup costs at a USEPA Region IV Superfund site. The issues in dispute were the evidence to link the defendant to the site and the alleged erroneous methods and information used by the plaintiff’s allocation expert. Case settled.

Project Manager for a three and one half year project involving multiple investigations and two feasibility studies of remedial alternatives prepared to address PCB and metal contaminated sediments in New Bedford Harbor (New Bedford, MA) and Upper Buzzards Bay, a U.S. EPA  Superfund site.

Senior Project Manager for remedial studies and cleanup activities at the Massachusetts Military Reservation/Otis Air Force Base. Work done over a four and half year period at this USDoD Installation Restoration Program (IRP) and USEPA Superfund Site addressed contamination of soil and groundwater by chlorinated solvents and petroleum-based hydrocarbons at 77 individual areas.

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Insurance Coverage

Project Manager and Consulting Expert for the arbitration, mediation and negotiated settlements of over thirty (30) insurance coverage disputes involving first-party and third-party property damage claims brought by insured parties to their domestic and London Market insurers. Insurers obtained favorable settlements for nearly all of the cases to date.

Senior Project Manager and testifying expert for a litigated case involving a major U.S. aviation industry company and its insurer. The case involved both liability and past and future damages relating to property damage from environmental contamination at 17 individual sites owned or operated by the company. Case settled prior to trial.

Co-Mediator for the mediation of a dispute involving a nationwide waste transporter who was seeking coverage from its primary, umbrella and excess carriers for past and future environmental costs at over 130 sites for which the insured had liability as owner/operator or transporter. A mediated settlement between the insured and a majority of the carriers was achieved.

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Intellectual Property

Mediator for a two-party patent claims dispute involving a small product developer and a national value-added reseller (VAR) of personal hair care products. The issues in this dispute were patent infringement and patent validity. The case settled.

Mediator for a patent dispute involving two global manufacturers of consumer products. Multiple issues in this two patent (47 total claims) dispute included claims of infringement and counterclaims of non-infringement, invalidity and unenforceability based on inequitable conduct. As a result of the mediation, plaintiffs dropped one of the two patents at issue from the case. The case settled prior to trial.

Mediator for a trademark dispute involving a U.S. manufacturer and a Chinese manufacturer of scientific instruments. The primary issue in dispute was the similarity of the trademarks used for the same type of product. Case settled.

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Co-Mediator/Case Manager tasked with oversight, coordination and management activities in a mediated global settlement of a dispute involving over 350 claimants who suffered fatal and non-fatal injuries from consumption of an over-the-counter dietary supplement. A global settlement fund was obtained for the plaintiff group from among four other stakeholder groups.

Project Liaison/Coordinator for the negotiation of a trust fund for potential future claimants exposed to groundwater contaminated with chlorinated solvents released from a metal manufacturing company.

Neutral Expert in a mediation involving exposure of a residential population in Toms River, New Jersey to multiple chemical contaminants through the municipal drinking water supply. The parties included a residents’ group, two chemical companies, and a local water supply company. A mediated settlement among all parties was achieved.

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Product Liability

Mediator for a dispute between a vendor of precision machining equipment and a machine re-tooling company. The manufacturer alleged that inadequate quality control of a critical component manufactured by the vendor led to the destruction of the manufacturer’s multi-million dollar high-speed milling machine. The vendor alleged that improper operation and maintenance of the manufacturer’s equipment led to its failure. Case settled.

Co-Mediator for a mediation of a dispute between a "Big Three" U.S. automobile manufacturer and one of its suppliers over alleged defective automobile components leading to product recalls. Issues in dispute included: breach of contract, indemnity obligations, implied warranty, and fraud. Case settled.

[See also: Mass Tort - dietary supplement case]

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Professional Liability

Mediator for a two-party dispute between the owner of a commercial shopping center that was destroyed by fire and an engineering design firm retained to design a new facility. The shopping center owner alleged that the engineering design firm failed to comply with applicable building codes. The engineering design firm argued that all applicable building codes were adhered to. Case settled.

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Telecommunications

Neutral Expert for the mediation of a dispute involving a national telecom services provider and one of its agent partners who signed up customers for telecom services. At issue was the number of customers contributed by and the commissionable revenue due the agent. Case settled.

Mediator for a two-party dispute between an Internet-based provider of telecommunications services and an information technology consulting firm specializing in telecommunications infrastructures. At issue was the performance of the consulting firm and the outstanding professional fees for a scope of services set forth in an Agency Agreement between the two firms. Case settled.

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