Name

JILL R. SPERBER, ESQ.

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JILL R. SPERBER, ESQ.

Available in Orange County, All of California, Central Coast, Inland Empire, Los Angeles, Nationwide, Northern California, San Diego, Southern California
Available for Mediation, Arbitration, and Private Judging assignments

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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 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 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."

Specialties

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

“Helped cut through emotions and history. Both parties met & shook hands by the end.”
- Attorney on a Business Contractual Fraud Dispute

"Thanks for your help getting the case settled. I will definitely put you on my short list of mediators and recommend you to my partners."
- Attorney, San Francisco, California

"Brilliant job with a tough group of folks and complex set of facts."
- Attorney on a complex commercial matter

"Many thanks for your diligent preparation, attention to detail, valuable insight, persistence, appreciation of our viewpoints and candor. No doubt you made a favorable impression in our room. I do look forward to working with you again."
- Attorney on an insurance coverage dispute

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

"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

"We’re fortunate to have had her as the Mediator, her level of preparation, familiarity with the financial sector-related disputes, and primarily her candor and directed comments to keep us on point were, without question, instrumental in accomplishing so much in a relatively short period of time. To elaborate -- she was excellent with a tough crowd, a simple case made complicated by others, talkative people with a lot of angst, and after pleasantries Jill was in full "candor and in your face" mode to cut through and make progress. I've not seen many do that, none as well. I gave the case 20% chance of settling, and while it took a lot of focused comments, she made it happen."
- Attorney on a Securities Dispute

"Jill settled an impossible case. She was masterful. I never thought this case would settle. The mediation was over two long days. She stayed late both days and worked relentlessly and tirelessly. She also worked over the weekend, calling and emailing lawyers and handling background details. Gigantic kudos to Jill!"
- Attorney on a complex business/commercial dispute

ANTI-TRUST

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

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

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

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

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

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).
Fellow, American College of Civil Trial Mediators (2014-present).
Member, American Bar Association.
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

Social Justice Award, ACLU Foundation of Southern California (2010).

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

A.D.A Act

Mediated muli-party dispute in connection with plaintiff producer's breach of contract claims and tort claim arising from allegations against the defense for failure to produce or provide an alternate for product's ci.

Breach Of Privacy

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.

Complex Commercial

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 non-monetary terms in connection with business resolution terms among family members who were owners of a closely held, multi-million dollar business.
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 non-monetary terms in connection with payment structure on fees with the resolution of a class action.
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.

Consumer Class Action

Mediated a nationwide class action dispute including consumer, false adversing, unfair competition, deceptive and unfair trade practices, and general business claims.
CLASS ACTION - K, UCL, CLRA Mediated national class action alleging breach of contract; violation of California Unfair Competition (UCL) law, Bus. & Prof. Code 17200; and violation of California Consumer Legal Remedies Act (CLRA), Cal. Civ. Code 1750 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 consumer fraud class action alleging CLRA, UCL, and warranty law claims in connection with the SPF characterization of product.
Mediated consumer class action alleging claims under CLRA, UCL, FAL, breach of contract and warranties, and unjust enrichment against a web-based retailer.
Mediated putative class' consumer fraud and false advertising claims against online retailer in connection with "was" and MSRP pricing, negotiating settlement aspects for a common fund and injunctive relief and also addressing insurance coverage issues confronting the defendants.
Mediated derivative class action against bio-company's directors and officers alleged to have failed to uphold necessary corportate 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 TCPA class action against debt collection service company wherein damages were alleged to be nearly $1B.
Mediated certified class action involving TCPA claims.
Mediated consumer fraud putative class action against commercial airline.
Mediated consumer fraud class action involving alleged breach of contract claims.
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 consumer labeling fraud claims concerning safety and health disclosures in connection with product.
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 consumer fraud class action matter concerning a nationally produced beverage's composition and representations as to its contents.
Mediated putative classes' consumer fraud claims concerning product against technology conglomerate.

Contractual

[Breach of contract/Fraud] 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.
Resolved business dissolution and shareholder claims for a closely held private company, as well as trade secret and non-compete claims.
Mediated surety and business dispute involving contract, tort, and statutory claims wherein there were issues as to choice of law (foreign or domestic).
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 complex commercial dispute involving claims of breach of contract, breach of the warranty of merchantablity, and fraud as well as defamation and tortious interference counter claims.
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 claims and counterclaims arising from a business settlement agreement wherein the parties challenged compliance with the settlement terms and raised new allegations.
Mediated derivative actions pending in multiple jurisdictions.
Mediated multiple shareholder derivative actions including allegations against the company board and former executives concerning company statements about the environmental compliance of heavy duty engines.
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 the arbitration claims of a several former partners of a closely-held business involving a new patented technology wherein misrepresentation, business torts, breach of contract, intellectual property and conversion claims were at issue.
Mediated contentious business dispute involving homeopathic supplement manufacturing and distribution wherein there were breach of contract and fraud claims as well as insurance coverage issues.
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 a breach of contract dispute involving supplements and labeling, wherein non-monetary deal points were critical.
Mediated multiple breach of contract, business tort, and fraud cross claims among IT implementation services company and multi-national company stemming from the international implementation of company's internal systems.
Mediated pre-litigation breach of contract claims arising from a services agreement and statement of work between a national entity and the a provider of support and administrative services for employee benefits and insurance lines.
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 sport-related trademark dispute involving unfair competition, trademark infringement, mark cancellation, and attorneys' fees claims and counterclaims.
Mediated trade secret and breach of contract (employment/non-solicitation provisions) claims among gaming industry competitors.
Mediated breach of contract, conversion, fraud, and misappropriation claims and counterclaims among family members who were formerly part of a closely held manufacturing business.
Mediated contract dispute concerning the rebuild and restoration of a classic car.
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.
Selected for a mock arbitration panel concerning a service contract dispute.
Mediated dispute among closely held business owners of a trucking company including allegations of fraud, fiduciary duties, misappropriation, and theft.
Mediated dispute among two general partners of closely held computer services business where the partners already had begun litigating claims and counterclaims for breach of fiduciary duty, breach of contract, misappropriation among other claims.
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 breach of contract dispute wherein the calculation basis and the satisfaction of contractual milestones were critical disputed issues.
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 negligent repair and diagnosis claims against servicing mechanic in connection with warranty service claims on an automobile.

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 closely held business dispute concerning the control and operation of long-time family commercial property.

Fraud/Misrepresentation

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. Defendants had various cross claims as well. Overall, the claims concerned seven-figure remodel of a private residence, wherein allegations of defective work against the general contractor and subcontractors alleged nearly eight figures of damages. Insurance coverage issues were intertwined, permitting for the global resolution of related insurance coverage dispute that included declaratory relief and bad faith actions.
Mediated dispute between parent and private school involving tort allegations, including misrepresentation and fraud, in connection with alleged undisclosed environmental issues.
Mediated contentious closely-held family business dispute involving 8-figure claims that included breach of duty, misappropriation, fraud, appraisal, and dissolution in connection with an entity that owned and managed commercial properties.
Mediated dispute among family members as to the structure and responsibility of each LLC member in connection with the satisfaction of a litigation settlement.
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 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 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 supply contract agreement against semi-conductor provider who sold the business in connection with an asset purchase agreement.
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 claims and counterclaims between national employer and former employees concerning non-solicitation agreements and compensation protocols and calculations based on residual sales and ongoing merchant relationships.

Insolvency

Mediated a heavily disputed bankruptcy action wherein trustee brought multi-million dollars of damages claims on behalf of the 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.
Mediated trustee action against directors and officers alleged to have breached their fiduciary duties and negligently operated the not-for-profit as well as multi-policy insurer-insured disputes.

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.

Securities Class Action

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 attorneys' fees and cost award in connection with securities class action matter.

Construction

Construction Breach Of Contract

Breach of contract/construction defect: Resolved contentious dispute between homeowner and contractor in connection with significant remodel wherein the CLSB was involved and liens had been assigned.
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.

Construction Defects

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.

Employment

Breach of Contract

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 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 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.

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 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 employment dispute wherein various harassment, discrimination, failure to accommodate, wage and hour, emotional distress, and PAGA claims among other causes of action were pending against national restaurant chain.
Mediated employment dispute involving appeal of administrative hearing and simultaneous state court harassment, discrimination, and retaliation claims by SLP against school district.
Mediated employment matter involving dual litigation of federal claims and appeal of administrative decision between special education teacher and school district.
Mediated employment matter involving dual litigation of federal claims and appeal of administrative decision between special education teacher and 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 university employment matter involving upper-level administration.
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 FEHA and retaliation claims wherein employee claimed discrimination based on sexual orientation and national origin as well as failure to comply with COBRA.

EWT and 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.

Hostile Environment

Mediated putative class action alleging Sections 632 and 632.7 violations against international restaurant chain.
Mediated putative class action against a national restaurant chain concerning alleged violations of Sections 632 and 632.7.

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.

Wage and Hour

Mediated employment action by former store manager against a national clothing retailer, including discrimination, wage & hour, meal & rest break, labor code, unfair business practices, FEHA, and PAGA claims.
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 wage and hour (PAGA, rest & meal break, etc.) and racial & national origin discrimination allegations by former employees against small family business.

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 putative class action including wage and hour claims concerning rest and meal breaks, unpaid/off-clock time, PAGA, etc.
Mediated wage and hour class action against multiple car dealerships alleging violations of meal and rest break requirements, PAGA violations, wage statement violations, and other related claims.
Mediated consolidated putative class action alleging wage and hour claims concerning rest breaks as well as PAGA and wage statement claims.
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.

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.

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 disability discrimination claims concerning pregnancy complications in addition to retaliation, FEHA and wrongful termination allegations.
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.

Environmental

Environmental Issues

Mediated multi-party dispute 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 contract dispute between landlord and former tenant in connection with obligations to remove or restore pipes former tenant had installed.

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 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.
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.

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 personal injury claims concerning neck, back, and shoulder in connection with a multi-car accident wherein the plaintiff sought and received decompression therapy.

Property Damage

Mediated property damage claims for the death of a dog alleged to have been killed due to Listeria infecting dog food.

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.

Intellectual Property

General IP

Mediated multi-party employment breach of contract and confidentiality action as well as counterclaims for disparagement, defamation and slander, and interference with business.

IP Patent

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.

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 trademark and tort claims.
Mediated trade secrets violation claims against a long-term employee in the technology arena.

IP Trademark

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.

Probate

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.

Professional Malpractice

Professional Malpractice Legal

Resolved malpractice and professional liability insurance claims in connection with underlying divorce and probate actions.

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.

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 the buyer's agent and brokerage firm.

Landlord/Tenant

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.

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.

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 potential arbitration claims between two landowners concerning dominant and servient easement obligations pursuant to CC&Rs as well as agreements with contractor.

Transaction

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.

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.

Tort

Catastrophic Injury

Mediated personal injury claims by amputee who was hit by tour bus and wherein default judgment issues issues were on appeal.

Common Carrier

Mediated personal injury claims of elderly person who suffered injuries after city bus door was closed on her as she exited the bus.

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.

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

Resolved a multi-party personal injury case involving multiple defendants, including the state, with a variety of cross-claims and counter-claims.
Mediated personal injury claims involving neck, shoulder, back, and knee issues after plaintiff was struck by vehicle.
Mediated personal injury dispute involving lower extremity injuries wherein there were cross-claims among the defense including duty to defend issues, use and control arguments, as well as contractual claims and defenses. Commercial leasing issues also were involved.
Mediated lower extremity personal injury claims against landlord and two tenants of shared area, wherein both lessee's leases provided duty to defend obligations. In addition to comparative fault contentions, there were underlying insurance issues.
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 personal injury claims against regional retail chain wherein plaintiff alleged negligence premises liability caused spine, shoulder, hand, neck, and knee injuries.
Mediated personal injury claims against regional chain restaurant.
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 shopper's personal injury claim after fall in the parking lot of grocery store while it was raining.

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).

PI Auto

Mediated multi-party personal injury dispute, which also involved insurance coverage issues, complex liability issues and cross-claims.
Mediated personal injury dispute including insurance coverage issues in connection with an alleged leg and neck injury and where plaintiff had undergone surgery.
Mediated a personal injury dispute arising from an automobile accident wherein multiple back and neck surgeries were involved and there were insurance coverage issues.
Mediated under-insured motorist claims against multiple insurance carriers involving back, neck and shoulder injuries as well as post-traumatic stress claims.
Mediated personal injury claims stemming from car accident in which claims included spinal injury and nerve damage and insurance coverage was involved.
Mediated personal injury dispute stemming from a mutli-car accident on the freeway wherein plaintiff suffered injuries to neck, back, and extremities.
Mediated insurer/insured claims and counterclaims wherein the parties disputed the validity of a previously executed settlement release due to the insured's native language in addition to the underlying damages claimed in connection with alleged neck and shoulder injuries suffered during a car accident.
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 allocation of motor vehicle insurance policy wherein alleged damages exceed total tendered policy amount.
Mediated personal injury claims brought on behalf of adult and two minor children arising from automobile accident and involving uninsured motorist insurance coverage.
Mediated personal injury claims brought against insurer by insured who was hit by an under-insured motorist.
Mediated multi-party personal injury claims and cross-claims wherein liability and causation were heavily contested in multi-car accident.
Mediated personal injury claim in connection with car accident where plaintiff suffered neck and back injuries.
Mediated personal injury claims wherein workers' compensation and other third party insurance coverage issues were vigorously contested.
Mediated personal injury dispute wherein plaintiff alleged severe abdominal bruising and swelling as well as post-concussion trauma in connection with automobile accident.
Mediated personal injury claims allegedly involving significant spine and disc issues and wherein defendant was a commercial trucking company.
Mediated personal injury claims in connection with car accident wherein plaintiff, who already had serious cardiovascular issues, suffered neck and back injuries.
Mediated personal injury and labor code claims against homeowner and contractor by plaintiff injured on homeowner's motorcycle where plaintiff claimed to be an employee of homeowner and contractor and claims involved professional, homeowner, and auto insurance policies
Mediated premises liability dispute where in addition to plaintiffs' claims for special and general damages in connection with a traumatic fall beneath the property the co-defendants disputed the competing responsibilities of the premises owner and the service provider who had been working on the property.
Mediated multi-plaintiff personal injury claims concerning back, neck, and spine injuries as well as facial scaring in connection with a car accident with a big-rig.
Mediated personal injury claims in connection with neck, back, and shoulder wherein multiple surgeries had been completed and future care still was needed in connection with a car accident.
Mediated personal injury claims concerning elbow, arm, and spine injuries suffered by a cyclist hit by a truck.
Mediated claims by driver against rideshare company wherein driver suffered from tinnitus and other problems after accident.
Mediated personal injuries claimed by young mother who alleged non-stop back pain and injury after an accident caused by a company's driver who fled the scene.

Premises Liability

Mediated multiple personal injury cases involving a big box retailer, including head, neck, shoulder, back, hand, and knee injuries.
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 major supermarket chain wherein plaintiff suffered leg and knee injuries.
Mediated contentious personal injury incident due to roof fall including insurance issues of the homeowner, general contractor, and subcontractor.
Mediated personal injury claim wherein slip and fall in parking lot caused shoulder injuries that resulted in surgery.
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 personal injury claims by plaintiff who already underwent rotator cuff surgery due to fall in store parking lot. Defendant denied liability and asserted comparative fault. Medicare issues also were involved.
Mediated personal injury dispute wherein foot trauma was alleged to have caused leg, hip, and back complications and the national retailer disputed liability and asserted comparative fault.
Mediated personal injury dispute involving wrist and shoulder injuries wherein comparative fault defenses were asserted by national conglomerate.
Mediated personal injury dispute involving liability, comparative fault, insurance, and damages issues arising from the defense's transportation of plaintiff in a golf cart.
Mediated personal injury claims against national retailer arising from sever injuries to plaintiffs' knees wherein liability and notice were contested as well as damages.
Mediated personal injury claim concerning soft tissue injuries to spine and shoulder against a national retailer wherein liability and damages were contested.
Mediated personal injury claims against big box retailer wherein plaintiff alleged back injuries as well as residual neurological complications, emotional distress, and depression.
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 claims due to alleged falling merchandise wherein family members claimed knee and head injuries.
Mediated shoulder injuries allegedly suffered after being struck by product at retail store.
Mediated personal injury claim involving alleged hand injuries following fall on retailer's property.
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 premises liability and related personal injury claims, including alleged concussion injury and post concussive-syndrome.
Mediated personal injury dispute wherein the intense force and heavy impact of the car crash created several triable issues with respect to plaintiff's alleged damages.
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 premises liability matter against venue wherein plaintiff claimed a severe ankle injury (posterior malleolus).
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 liabilty injury at bounce/play facility involving partial amputation.
Mediated premises liability claim at big box retailer involving a pallet mover.

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.

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.

Neutral Profile