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

It was a pleasure working with Jill. I was really impressed and I very much appreciated all her good work.
- Attorney on an employment sexual harassment dispute

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

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

Jill did an amazing job of resolving this matter in one day, with complex legal issues and significant district among the principals.
- Attorney on an educational dispute

She listened and voiced concerns.
- Attorney on a fee dispute matter

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

Not thrilled with Cal mediators (had many); glad we have a good one now.
- Attorney on a securities class action 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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Insurance

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.

Property Damage

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

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.

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.

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.

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.

Tort

Catastrophic Injury

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

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.

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.

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.

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.

Neutral Profile