DAVID J. MEADOWS, ESQ.

  • Available in Northern California
  • Available for Mediation, Arbitration, and Private Judging assignments

Introduction

David has been a full time mediator and arbitrator for the past 15 years and has presided over more than 1,000 mediations and arbitrations. He has handled disputes across a wide spectrum of business and tort areas including business/commercial and breach of contract, partnership matters, intellectual property, securities, employment, real property, construction defect, probate and trusts, insurance coverage/bad faith, fraud, embezzlement, and civil rights. He has served on the Board of Directors and as past President of the Mediation Society of San Francisco, has taught Negotiation and Settlement and other ADR seminars at Hastings College of Law, and has made a number of presentations on mediation to both mediators and attorneys. Prior to becoming a neutral, David represented both plaintiffs and defendants at Keker & Van Nest, where he handled an array of complex commercial matters.David adapts various styles and approaches to match the type of dispute and personalities of the parties and litigators. "I try to understand the particulars of a dispute to find how it can be settled," David says. One attorney said of him, "what I appreciate most about David is the devotion and persistence he brings to the task. He shares the same drive to settle the dispute that the parties themselves have." Another attorney noted, "David did a remarkable job in digesting a substantial amount of unfamiliar reading material, which enabled him to provide the parties with an analysis of the case and gave him a great deal of credibility with both sides." On another difficult case, an attorney said "David achieved a settlement ... under difficult and emotional circumstances. I appreciated his calm demeanor and fairness."

Specialties

Hobbies & Interests

Soccer, international travel & volunteer work

Website

http://www.davidmeadows.com












Experience Summary

Legal Career

  • Full-time Mediator and Arbitrator (1996-present)
  • Partner; Keker & Van Nest (1980-1994)
  • Judicial Law Clerk to Chief United States District Judge Edward T. Gignoux, D. Maine (1979-1980)

Education & Professional Affiliations

  • J.D., Boalt Hall School of Law, University of California Berkeley (1979)
  • B.A. Tufts University (1974)
  • Adjunct Assistant Professor of Law, Hastings College of Law (2000-2005)
  • Founding member, Board of Directors and past President, Mediation Society of San Francisco (2001-present), President (2005-2006)

Achievements & Awards

  • Northern California Super Lawyers, ADR Section (2008)
  • Admitted to United States Supreme Court bar (1984)
  • AV Rating, Martindale-Hubbell (since 1985)

Legal Experience

  • Business Commercial and Contract Disputes
  • Intellectual Property
  • Partnership
  • Corporate Board and Family Disputes
  • Employment
  • Insurance coverage / Bad Faith
  • Fraud and other Business Torts
  • Construction Defect
  • Securities
  • Consumer Fraud and Embezzlement
  • Real Property including Landlord/Tenant
  • Personal Injury
  • Civil Rights
  • Probate and Trusts
  • Consumer Cases and Civil Rights
  • Defamation and Similar Claims
  • Collection/Work Outs/Lender and Bank Liability

Representative Case Information

Recent Representative Cases

Business/Commercial

Banking/Finance

  • Claim against bank after loan modification discussions go awry and home foreclosed on.
  • Bank/borrower dispute over multiple lines of credit, claims of bank's overcharge and failure to live up to promises as well as amount remaining owning, with effect on credit an issue.

Consumer Class Action

  • Class action seeking to change behavior of large bank in foreclosing on properties subject to reverse mortgages after death of mortgagor.

Contractual

  • Disputes about purchase agreement of business with ongoing pricing adjustments as well as employment contracts for executives/prior owners.
  • Evaluation/mediation of complicated series of business transactions concerning purchase/sale and operation of car dealerships, notes, deeds of trust and personal guarantees.
  • Dispute between attorney and client for unpaid fees, amount of contingency paid, off-sets for advances, and other claims.
  • Claim by marketing company with scientific equipment manufacturer for breach of contract and misrepresentations about product.
  • Arbitration between co-owners (including some family members) of apartment building involving legal structure of relationship, accounting, occupancy rights of owners, and a long history.
  • Dispute between founders of high-tech engineer supply company with different visions of the future.
  • Mediation among three owners who had developed multiple businesses over 30 years essentially on a handshake now with different interests as they near retirement.
  • Contract dispute between international shipping company and domestic shipping company over charges
  • Complicated set of disputes arising from post-closing adjustments in pricing for substantial company.
  • Partners in gas station/convenience store/car wash dispute over management decisions, future plans, and immediate cash needs.
  • Business dispute between over management/operation/proceeds of sale of night club, with employment claims for mischaracterization, overtime.
  • Partnership, business dispute overlaid on divorce proceedings between two of three partners.
  • Business dispute over quality of and amount owed for engineers/programmers provided under subcontract arrangement.
  • Partnership dispute between manager and cook of restaurant owned together where one sold to third party without sharing proceeds.
  • Business dispute over project to use waste stream from fish processing plant.
  • Dispute about suitability and performance of mass storage devices for use in computers used in rugged military applications.
  • Family dispute over multiple real estate transaction and trades among parents and a number of siblings.

Franchise

  • Dispute among rival groups of franchisees over direction and management of member organization.
  • Partnership dispute between friendly business associates who agreed to buy franchises together, were unsuccessful, and later one purchased one of the franchises on his own.

Lemon Law

  • Lemon Law claim for truck.

Securities

  • Securities claim by elderly lady against advisor and new employer of advisor.
  • Securities claim arising from investments made for elderly mother of claimants.

Construction

Construction Breach Of Contract

  • Construction dispute between owner, general and sub over necessity and value of partial demolition, complicated by reorganization of insurer.
  • Construction dispute between owner, general and sub over buildout of restaurant.

Construction Defects

  • Arbitration of construction dispute related to emergency generator at hospital.

Construction Delay Claims

  • Construction dispute concerning underpinning of neighboring properties as well as effects of delay, leaving site excavated and empty.

Employment

A D A

  • Disability claim for failure to engage in interactive process brought by worker diagnosed with fibromyalgia.

Breach of Contract

  • Scientist/executive asserts rights to not-for-cause termination benefits under executive employment contract.

Discrimination

  • Pregnancy and disability discrimination claim brought by employee of religious institution complicated by relationship with coworker.

Family Leave Act

  • FMLA claim by flight attendant where dispute whether leave justified and whether undisclosed medical condition made attendant unfit for work.

Wage and Hour

  • Workers for subcontractor on public works project sue general contractor and bonding company on prevailing wage claim.
  • Misclassification claim by acting manager seeking overtime and payment for meal breaks.
  • Putative class action against nonprofit of wage and hour claims.

Wage and Hour Class Action

  • Employment class action for wage and hour claims of temporary workers during strike.

Wrongful Termination

  • Termination during disability leave claimed to be from non-discriminatory reduction-in-force.
  • Employment claim by technical writer and presenter who had stroke and returned to work and later terminated.
  • Former executive director claims wrongful termination, organization claims appropriate termination for bullying and harassment.
  • Executive compensation dispute over whether termination was for cause with additional claim against board member for defamation.
  • Disputes over bonuses paid and termination of investment banker.
  • Terminated executive director of dance nonprofit made both property and employment claims.

Environmental

Environmental Issues

  • Environmental clean up insurance coverage and related disputes between owner, contractor and insurer on former military base.
  • Environmental claims from discovery of underground storage tanks under soil and parking lot; pollution dates back decades.

Govt./Public Agency

Public Policy

  • Inverse condemnation action against city related to temporary easement for work diverting damaging water run off.

Regulatory

  • Wrongful arrest claim against bank after police called when suspected Social Security check could not be verified.
  • Public policy mediation related to location of public dog park after long legislative dispute.
  • Dispute between shipper and county over tax assessments applied to moving shipping containers.

Insurance

Bad Faith

  • Disability insurance dispute raising issues about timing of disability, disclosure of medical records, and motivations of claimant.

Coverage

  • Claim against agent for construction insurance about whether appropriate coverage obtained.
  • Insurance coverage dispute over accounts receivable insurance.
  • Insurance claim arising from theft by employee from company and personal accounts.
  • Two overlapping flood insurance claims for property damaged in successive years.
  • Life insurance claim where dispute over whether spouse of claimant committed suicide.

Intellectual Property

IP Copyright

  • Copyright and Civil Code Section 3344 for use of photographic images beyond scope of original agreement.

IP Patent

  • Patent enforcement action brought by alleged patent troll against a number of manufacturers of semiconductor products.

IP Trademark

  • Trademark claim related to use of one company name's name as a product name by another, larger company.
  • Trademark dispute between companies in state-of-the-art medical treatment technology where defendant had been in prior negotiations to buy plaintiff.

Probate

Probate

  • Probate and elder abuse claims related to decedent's distributions of assets to caregivers and others near death.
  • Claims against trust under asserted promise of decedent to do certain things for caregivers.
  • Siblings dispute over trust assets, both between themselves and concerning another sibling with drug problem.
  • Probate and contract dispute arising from change of attempted change of beneficiary on pension plan.
  • Trust and family dispute over accounting and distributions while trustor alive.
  • Trust dispute among various members of two related families with history of shifting alliances both in US and in foreign country from which some immigrated.

Professional Malpractice

Medical Malpractice

  • Medical malpractice arbitration over death in emergency room.

Professional Malpractice Legal

  • Attorney malpractice claim from representation in civil and criminal cases arising from marijuana growing on properties.
  • Attorney malpractice case on appeal in which claims arise from advice on who to sue for construction defects in shopping mall with multiple lessees, contractors; significant legal issue involved.
  • Legal malpractice claim related to property transfers after remarriage of previously divorced couple who had ongoing relationship, claims of conflict by lawyer and abuse by spouse.
  • Attorney fee collection action with cross claims of malpractice and overbilling.
  • Legal malpractice claim arising from underlying lawsuit against multiple participants in construction of home, in particular claim against soils engineer.

Real Estate

Breach Of Contract

  • Real estate broker malpractice action from aborted sale of investment property.

Buy/Sell

  • Nondisclosure claim by buyer against seller who bought, repaired and "flipped" dilapidated property.
  • Mediation of dispute among friends who bought building as tenants-in-common with complicated and not fully written financial arrangements because one has gotten sweetheart deal to buy from prior owner.
  • Claim buy buyer of development property against seller and law firm for nondisclosure of dispute with city over development and alleged preferential treatment of joint client seller by law firm.
  • Mediation of dispute arising from property management contract with option to buy large apartment complex.

Home Owners Association

  • HOA foreclosure case against dissident member.
  • Defamation claim for statements made by HOA board about property management company.

Landlord/Tenant

  • Commercial lease dispute arising from lessee proposing sublease and deal falling through after owner negotiated directly with possible sub-lessee.
  • Chinese national who bought building through agent brings claim against tenant after agent puts property in own name and makes separate joint venture deal with tenant.
  • Tenancy claims of occupants of apartment building against new owner after foreclosure, tied to eviction action.
  • Contract dispute between subcontractor/school operator and school for immigrant students arising from change in immigration rules.

Neighbor Dispute

  • Arbitration between neighbors over maintenance easement, noise, insult, calling the police, etc.
  • Neighbor dispute over fence, property lines and other issues.

Real Estate Land Use

  • Property dispute among family members over large undeveloped land that was rezoned preventing intended use.

Real Property

  • Mediation between neighbors over variety of disputes, including tree alleged to be threat to fall and destroy home.
  • Dispute among owner, agents and lender resulting from contractor forging building permits and inspections.
  • Property dispute after owner knocks down trees on neighboring property being prepared for development leading to environmental issues and disputes with government agencies.
  • Priority dispute between investors in hard money lender who disappeared with cash and left security on properties undocumented.
  • Dispute between buyer, seller and agent over real property transaction canceled in connection with 1031 exchange.

Tort

Civil Rights

  • Claims of a number of protesters against police for unnecessary force.

Defamation

  • Defamation case brought by business for anonymous postings on social media and internet about its financial status where tracked down former employee as one who posted.

Personal Injury

  • Wrongful death claim arising from shooting of suspect in car robbery when found sleeping in car, no weapon.
  • Personal injury, slip and fall case with substantial injuries.
  • Personal injury claim by customer hurt while falling off advanced pilates machine.
  • Personal injury action from injury at public fair involving rented furniture.
  • Personal injury claim by baggage worker hit by vehicle on runway.

PI Auto

  • Personal injury case arising from multi-vehicle traffic accident where some uninsured and involvement of others unclear.

Product Liability

  • Personal injury claim arising from defective battery in defibrillator.

Wrongful Death

  • Arbitration of wrongful death claim of family of elderly patient in nursing home.

Downtown Los Angeles

601 S. Figueroa
Ste 4000
Los Angeles, CA 90017
Phone: 213.223.1113
Fax      : 213.223.1114

Los Angeles Mediation

West Los Angeles

11601 Wilshire Blvd
Ste 2040
Los Angeles, CA 90025
Phone: 310.442.2100
Fax      : 310.442.2125

Mediators Los Angeles

San Diego

402 W. Broadway
Ste 2400
San Diego, CA 92101
Phone: 619.814.1966
Fax      : 619.814.1967

San Diego Mediation

Santa Ana

1851 East First Street
Ste 1600
Santa Ana, CA 92705
Phone: 714.834.1340
Fax      : 714.834.1344

Orange County Mediation

San Francisco

100 Pine Street
Ste 1950
San Francisco, CA 94111
Phone: 415.266.1242
Fax      : 415.266.1243

San Francisco Mediation

Sacramento

980 9th Street
Suite 2200
Sacramento, CA 95814
Phone: 916.394.8490
Fax      : 916.394.8495

Sacramento Mediation