Representative Cases

Breach of Indemnity Clause

Chair of panel over breach of an indemnity clause contained in an asset contribution agreement for, inter alia, reduced "earn-out" payments attributable to attorneys' fees in collateral lawsuit.

Change of Control | Breach of Transfer Provisions

Chair of panel of dispute whether a change of control or ownership in upstream, international entities triggered accelerated royalties for specific technology under the transfer provisions of an asset purchase agreement.

Patent Infringement | Breach of “Earn Out” Provisions

Chair of panel concerning breach of “earn-out” of IP acquisition agreement which turned on issues of infringement/invalidity of underlying patents, fraudulent inducement and tortious interference.

Securities Fraud | High-Tech Ventures

Panel chairman in multimillion dollar dispute involving 80+ parties, growing out of the sale of a series of interrelated limited partnership interests in high tech ventures which turned on issues of federal and state securities law, breach of fiduciary duty, and complex accounting claims.

Securities Fraud | Fiduciary Duty | Feeder Funds

Panelist on a three-person panel in a case involving fiduciary negligence and fraud in connection with investment management firm’s (“feeder fund”) failure to perform due diligence over hedge fund investments.

Breach of Contract | Leveraged Buy-Out

Member of a three-person panel involving claims between former owners and a management team under a leveraged buy-out and redemption agreement concerning issues of breach of contract, breach of fiduciary duty, officer and director liability and accounting claims.

Complex Accounting Negligence | Public Companies | Chinese Subsidiaries | Whistleblower

Chair of panel involving claims of professional negligence against accounting firm for failure to identify related party and control relationships in a foreign subsidiary of U.S. public company; and failure to provide appropriate accounting advice to resolve issues stemming from whistleblower emails.

Breach of Contract | Multi-Project Real Estate Development | Complex Accounting

Chair of panel involving competing claims of fraud, breach of contract, and complex accounting over 25 real estate projects, each subject to a master development agreement and a Delaware series LLC operating agreement.

Breach of FDA Regulations | Drug Manufacturing

Sole arbitrator in a case involving claims of breach of contract and breach of FDA regulations in the manufacturing of oncology drugs by pharmaceutical firm.

Breach of FDA Regulations | Drug Manufacturing | Public Company

Chair of panel in a case involving claims of breach of FDA regulations in the manufacture of a medical device by a Korean affiliate.

Corporate Squeeze Out | Minority Interest Valuation

Panelist on a three-person panel to determine “fair value” of the dissenting minority interest in a bank holding company, resulting from a “squeeze out” and involving technical issues of appraisal methodology.

Breach of Contract | Fraud | Large Medical Practice

Sole arbitrator of claims involving breach of contract, fiduciary duty, and accounting between physicians under limited partnership agreement.

Physician Contracts | Covenant Not to Compete

Chair of panel to determine breach of covenant not to compete between a physician and a radiology group.

Abusive Tax Shelters | Negligence

Panelist to determine claims of fraud, breach of contract, professional negligence and conspiracy in connection with “abusive” tax shelters.

Health Care/Medicare Reimbursement | Certificate

Sole arbitrator of claims involving breach of indemnity provisions of asset purchase agreement between two hospitals and management company re: claims of misallocation of Long Term Acute Facility (LTAC) and Private Hospital UPL Medicare Program funds and certification issues of LTAC facility.

Health Care | Stark Regulations

Sole arbitrator of claims involving breach of recruiting contract and employment contract between hospital and physician re: alleged violations of Stark II regulations and Anti-Kickback statute.

Health Care | Prompt Pay

Sole arbitrator of claims involving Breach of Network Participation Agreement between physician and HMO re: payor/provider reimbursement.