JOHN (JAY) MCCAULEY, ESQ.

  • Available in Orange County, All of California
  • Available for Mediation, Arbitration, and Private Judging assignments

Introduction

Mr. McCauley is a full-time Mediator and Arbitrator who came to this profession 15 years ago from a background as a Harvard Law School educated, AV rated, "Big Firm" trial and appellate advocate, handling complex, commercial, employment, construction and real property matters, including class actions. He is a Fellow of the Chartered Institute of Arbitrators and of the College of Commercial Arbitrators, and he is a Distinguished Fellow of the International Academy of Mediators. He has taught courses in Arbitration Law over the last decade at Pepperdine, Loyola, UMKC and Creighton Law Schools. He is contributing author of the third edition of the College of Commercial Arbitrators Guide to Best Practices in Arbitration. He has been continuously listed for the past seven years as a California Super Lawyer and, for the past six years, has been included in Best Lawyers in America, in the field of ADR, which named him "Lawyer of the Year" in the field of Mediation for the San Jose region in 2013. He has been a commercial arbitrator with the national roster of the American Arbitration Association since 1999, where he serves on the Large Complex Case, Commercial, Real Property and Construction, Employment and Healthcare Panels, and on the roster of the ICDR. He has served as a neutral for Judicate West since 2005. In the past decade he has handled more than 150 arbitrations and 600 mediations, involving primarily large and complex matters.

Specialties

Website

http://jaymccauley.com

Experience Summary

Legal Career

  • Mediator and Arbitrator (1998-Present)
  • Partner, McCauley & Associates (1990-present)
  • Former Resident Professor of ADR and Chair of the Arbitration Program, Creighton University Law School, (2011-13)
  • Adjunct Professor: Creighton Law School (2010)
  • Adjunct Professor: UMKC Law School, (2009 & 2010)
  • Adjunct Professor, Pepperdine University School of Law, Spring and Fall semesters (2007)
  • Adjunct Professor, Loyola Law School (1997-02)
  • Partner, Paul, Hastings, Janofsky & Walker LLP, Complex Business, Real Property and Employment Litigation (1987-90); Associate (1983-87)
  • Associate, Tuttle & Taylor, Inc., Los Angeles, (1980-83)

Education & Professional Affiliations

  • J.D., Cum Laude, Harvard Law School, Cambridge, Massachusetts (1980)
  • M.A., University of Pennsylvania, Philadelphia, Pennsylvania (1973)
  • B.A., University of California at Irvine (1971)
  • Distinguished Fellow, International Academy of Mediators (2002-Present)
  • Fellow, Chartered Institute of Arbitrators, (2014-Present)
  • Fellow, College of Commercial Arbitrators (former chair, Law School Education Committee), (2011 -Present)
  • Member, American Arbitration Association Large Complex Case Panel of Arbitrators; AAA sponsored speaker and trainer
  • California Broker's License

Achievements & Awards

  • Listed in Best Lawyers in America, ADR section, since 2008.
  • Named Best Lawyer Magazine's 2013 "Lawyer of the Year" in Mediation for the San Jose, California region.
  • Named "California SuperLawyer" since 2009.
  • AV rated attorney (since the mid-1980s) listed in Martindale-Hubbel Register of Preeminent Lawyers (since the early 1990s).
  • He authored many articles relating to mediation and arbitration.

Hobbies & Interests

Reading and Traveling

Legal Experience

  • Business/Commercial matters including securities fraud class actions
  • corporate and partnership dissolutions
  • intellectual property
  • unfair competition
  • theft of trade secret
  • insurance coverage
  • healthcare
  • breach of contract
  • breach of fiduciary duty and business tort actions
  • Employment including wrongful termination
  • sex
  • race and age discrimination
  • wage & hour class actions and sexual harassment actions
  • All types of Real Estate & Intellectual Property matters.

Representative Case Information

Recent Representative Cases

Business/Commercial

Consumer Class Action

  • Arbitrator of Wage and Hour Class Action involving a nationwide membership fitness company

Contractual

  • Arbitration of claim for alleged breach of a 20-year development and operating agreement between a supplier of a large "outsourced" acute psychiatric services unit and a community hospital located in Washington DC
  • Arbitration of a $75 million claim for breach of contract by a manufacturer of patented blood-separation devices used in blood plasma collection centers
  • Mediation of dispute among partners of a medical facility leased to physicians, concerning rights under a partnership operating agreement.
  • Arbitration of a claim by an investment broker against a major brokerage company for alleged breach of contractual obligation to not interfere with the broker's application to FINRA to expunge a "U-5 regulatory filing" impairing the Claimant's broker's license
  • International Arbitration among British, Israeli and U.S. investors (as well as multiple alleged bona fide purchasers for value) for alleged breaches of the parties' development agreements, fiduciary duties and capital call obligations in a large eight-phase commercial real estate development project
  • Arbitration of a Claim for lender liability and breach of joint venture real estate development agreement between a federally recognized Indian Tribe and a Delaware land development corporation.

Fraud/Misrepresentation

  • Arbitration of claims of misrepresentation brought by the purchaser of a private for-profit career college with several campus (Panel Chair)
  • Arbitration of a derivative claim for fraud and accounting and appointment of a receiver brought by minority shareholder based on alleged patterns of unjustifiable expense allocation and fraudulent transfers among eight cosmetic manufacturing and distributions companies having partial common ownership
  • Arbitration of a nine-figure claim for rescission and restitution by a major pharmaceutical company against a single product drug development company for alleged misrepresentations concerning the likelihood that a cancer-treatment drug obtain FDA approval (an adjudication that included analysis of statistical evidence of viability of the drug)
  • Arbitration of individual and derivative claims for fraud and waste involving a successful close corporation with international operations in the niche specialty of brokering of licenses to use brand names
  • Arbitration of claims for alleged fraud, securities fraud and improper dilution of shares brought by a large investor in a $50 million dollar cemetery development company located in Mexico City and Cuernavaca, Mexico

Securities

  • Arbitration of a Claim for Securities Fraud and Improper Dilution of Shares brought by a large investor in a $50 million dollar real estate cemetery development company located in Mexico City.

Employment

Wage Hour Class Action

  • Mediator, approximately three-dozen class actions involving alleged violation of wage and hour laws

Wrongful Termination

  • Mediator, several hundred wrongful termination or constructive termination actions, including actions for sex, age, race, religious, and sexual preference discrimination, whistleblower, and "failure to accommodate" disability matters
  • Arbitrator, approximately 50 wrongful termination matters, and 12 wage and hour matters

Environment

Environmental Issues

  • Mediator, multi-party dispute among public and private entities involving mitigation of cross-jurisdictional environmental impacts of several major residential development projects under the California Environmental Quality Act (CEQA)

Govt./Public Agency

Regulatory

  • Arbitration of claim for alleged breach of a joint venture operating agreement in connection with an unexpected need to use extensive concrete channels and holding ponds in lieu of a simpler "wide street and berm" system to meet entitlement requirements for the handling of water flows in a 190 acre desert recreational development project in Southern California
  • Mediation of multiple eminent domain matters concerning the fair market value of land condemn by various agencies of the State

Insurance

Coverage

  • Arbitration of claim of breach of insurance coverage obligation and bad faith brought against a major title insurance company by owner of eight parcels of ocean-front property
  • Arbitration adjudicating 16,000 significant discrete claims for medical insurance coverage under a capitated care contract between a large hospital system and a large HMO)

Intellectual Property

IP Copyright

  • Mediator, copyright dispute pertaining to design patterns used by a textile manufacture

IP Patent

  • Mediator, patent know-how license agreement dispute involving a treatment of cancer

IP Trade Secrets

  • Arbitration of clams for unfair competition, theft of trade secrets and interference, seeking disgorgement and injunctive relief, brought by a national insurance company against one of its high producing former brokers and that broker's new employer
  • Arbitration of claims of breach of trade secrets and covenants not-to-compete in involving a manufacturer of a proprietary salmon oil capsule and a large national "big box" pharmacy

Professional Malpractice

Medical Malpractice

  • Arbitration of multiple cases involving claims for medical malpractice (including cases for alleged failure to diagnose cause of serious malady, allegedly needless election of risky procedure; and surgical failure)
  • Hearing Officer, Judicial Review Committee (adjudicating fairness hearing determining whether a surgeon should retain hospital privileges)

Professional Malpractice Legal

  • Arbitration of claim for legal malpractice against a large law firm for failure to bring a derivative action or implement an allegedly feasible corporate control strategy in connection with an underlying corporate governance dispute involving a large privately held multi-state enterprise

Real Estate

Buy/Sell

  • Arbitration involving the determination of the fair market rental value of San Diego commercial building

Landlord/Tenant

  • Arbitration of a dispute between a landlord and a restaurant tenant concerning alleged failure of tenant to pay rent; to maintain fire insurance; and to maintain occupancy needed for landlord to obtain fire insurance; and concerning landlords alleged unreasonable withholding of assent to an assignment of the lease to a new tenant.

Transaction

  • Arbitration of claims for lender liability and breach of joint venture real estate development agreement

Downtown Los Angeles

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

Los Angeles Mediation

West Los Angeles

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

Mediators Los Angeles

San Diego

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

San Diego Mediation

Santa Ana

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

Orange County Mediation

San Francisco

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

San Francisco Mediation

Sacramento

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

Sacramento Mediation