Find the Right AAA-ICDR® Mediator for Your Dispute

Construction focused attorney with 35 years of experience including contract drafting and negotiation, project counseling, and dispute resolution. As an advocate, represented owners, contractors, subcontractors, and design firms on public and private works both domestically and internationally. These range in size from smaller residential projects to large commercial projects in excess of $1 billion. Experience covers a range of industries including residential, healthcare, energy, hospitality, higher education, and transportation. Recent projects include a utility scale multi-site solar array, a major chip manufacturing plant, an AI and automation focused research building, a complex beverage processing facility, undergraduate dormitories, high-end residences, and cutting-edge rail projects. Issues arbitrated and litigated to conclusion include delay and disruption, construction and design defects, extra work, differing site conditions, prevailing wage, False Claims Act, contractor licensing, abandonment and cardinal change, and fraud and misrepresentation. In addition to ADR experience identified below, has tried numerous bench and jury trials to final verdict. Also has significant complex commercial litigation experience, including real estate, financial services, technology, governance, whistleblower, and fraud-related disputes. This broader disputes background is useful in mediations involving business relationships, institutional parties, insurance issues, reputational concerns, and parallel commercial claims. Has also led for many years the litigation department of an AmLaw 100 firm, including practice groups focused on construction and real estate litigation, labor and employment, government investigation and white collar defense, privacy and technology, IP, and complex disputes.

Business, construction, and personal injury litigator (20 years) - complex business, fraud and misrepresentation, construction defect and delay, breach of contract and the covenant of good faith and faith dealing, and insurance coverage disputes. Arbitrator since 2009; mediator since 2019; concurrent with litigation practice. COMPLEX BUSINESS DISPUTES Breach of contract, fraud and misrepresentation, partnership disputes, investment agreements, receivership claims, and company audits/investigations. Clients included corporations, small and mid-size companies, general and limited partners, and individuals. Sample matters: * Advocate for general contractor filing claims in nursing home receivership seeking payment for renovations; claims required equitable subordination of primary lender's secured claim, insider relationships, and fraud - mediation resulted in favorable settlement * Advocate for business owner defending claims of fraud, misrepresentation, and warranty claims over sale of business - arbitration resulted in favorable award. * Advocate for individual in claims against mortgage lenders to invalidate mortgages forged by her ex-husband - favorable settlement for client after extensive discovery and depositions * Advocate for class of nationwide retailers against national satellite network company; won sanctions for improper communications with putative class members and discovery violations * Outside counsel for multinational energy corporation for compliance with the Foreign Corrupt Practices Act and anti-bribery laws; performed compliance audit in Poland COMPLEX RESIDENTIAL AND COMMERCIAL CONSTRUCTION DISPUTES Construction defects (siding, roofing, concrete, framing, HVAC, brickwork, painting, site work, fencing, masonry), design, and delay claims. Represented owners, general contractors, subcontractors, and homeowners. Sample matters included: * Advocate for commercial building siding supplier in defense of claims for defective installation and defective product - resolved by settlement favorable to the client. * Advocate for university and general contractor in claims against subcontractors for defective installation of HVAC and plumbing units in university dormitories - resolved through settlement favorable to client * Advocate for owner of historic carriage house in claims against home inspection professional for failure to find obvious structural defects upon inspection at purchase of property - resolved on eve of trial through settlement favorable to client. INSURANCE COVERAGE DISPUTES Coverage disputes involving third-party construction claims arising from contractor bankruptcy, waiver, estoppel, notice and nonpayment defenses to personal injury claims. Sample matters included: * Advocate for individual seeking claims for catastrophic injury under exception to workers compensation coverage - favorable settlement followed successful summary judgment motion practice and decision. * Advocate for individual seeking federal court claims for catastrophic injury facing insurance company defenses of waiver and estoppel - favorable settlement followed mediation. * Advocate for family seeking right to jury trial and wrongful death claims against nursing home - favorable settlement followed successful trial and decision that arbitration agreement was signed without mental capacity and under unconscionable circumstances.

Substantial experience as an Arbitrator and Mediator in a broad range of matters include the following disputes, many of which involved millions of dollars and concerned federal law and the laws of more than 25 states: Commercial litigation including breach of contract, intentional interference with a contractual relationship, unjust enrichment, fraud, misrepresentation, civil conspiracy, along with force majeure defenses. Shareholder, partner, and LLC member disputes including dissolutions, buyouts, and valuation issues. Employment-related claims including severance, termination, buyouts, covenants not to compete and noncompetition agreements, confidentiality and non-disparagement agreements, Fair Labor Standards Act and related state law wage issues, overtime for donning and doffing, and wrongful termination and discrimination claims based on religion, gender, and race. Business-related disputes including professional organization dissolutions, acquisition of interests in large closely held businesses valued in the millions of dollars, major contractual disputes involving an investment bank – backed public – private partnership, litigation on three continents between a Chinese publicly traded company and an American publicly traded company, division and valuation of share options of a publicly traded corporation, defamation in a business setting, misappropriation of proprietary and confidential information, invasion of privacy, receiverships, and fair dealership and franchise disputes. Real estate matters including valuation disputes, commercial leases, warehousing, eminent domain, commercial foreclosures, slander of title, adverse possession, boundary disputes, easements, and riparian rights. Commercial and residential construction disputes including large construction projects such as wind farms and wind turbines, owner-general contractor, general contractor-subcontractor, design, methods, and materials issues. Commercial, Commercial General Liability, and life insurance disputes concerning coverage, bad faith claims, reserves, pricing, underwriting, and claims handling. Banking and lending including guarantees, mortgages, and unconscionability claims. Attorney fee disputes. Claims in large probate estates concerning undue influence and breach of fiduciary duty. As a Judge, handled the same broad range of matters noted above, including class actions, misappropriation of intellectual property, insurance coverage disputes including pollution and environmental claims, errors and omissions (E&O) policies, homeowner’s policies, intentional acts, loss of use and damage to property, reformation, late notice and prejudice. As a member of the Wisconsin Judicial Council, was actively involved in drafting substantive changes to the rules of evidence and wholesale changes to Wisconsin’s class action statute. As a member of the Wisconsin Civil Jury Instruction Committee, has been responsible for substantive changes to instructions and instruction comments concerning intentional interference with a contractual relationship, unjust enrichment, misrepresentation, defamation, invasion of privacy, spoliation of evidence, and damages in commercial litigation. While in private practice, represented businesses and individuals in many multi- party lengthy trials and was national counsel for several companies in federal and state courts across the country in matters involving intellectual property disputes, commercial litigation, and product liability cases.

Practiced construction law since 1998, including dispute resolution, project advisory, and transactional matters. Representative disputes include claims relating to scope of work, delay, professional negligence, contract interpretation, indemnification, cost escalation, construction/design defect, liens, bonds, payments and others. Has represented all major stakeholders in commercial construction, including owners, construction lenders, general contractors, subcontractors, suppliers, architects/engineers/surveyors, and sureties. Experience includes commercial and residential construction for public (North Carolina/local) and private projects as well as infrastructure projects and engineering construction and procurement (EPC) projects. EPC experience includes renewable energy projects, such as solar, wind, and biofuel power facilities. As a member of the AGC’s joint committee with the North Carolina Bar Association’s Construction Section, has participated in drafting multiple bills for consideration by the North Carolina General Assembly, including N.C. Gen. Stat. § 22B-1 (2019) [NC Anti-indemnity statute], N.C. Gen. Stat. § 22B-5 (2022) [Limitations on predatory lien waivers], and N.C. Gen. Stat. § 44A-35(2022) [amendments to attorneys' fee shifting statute for lien claims]. Practiced commercial litigation since 1998. Representative disputes include contract interpretation/enforcement, commercial and residential real estate, landlord-tenant, sales, lending, secured transactions, corporate governance/dissolution, and collections/judgment enforcement. Has served as a court-appointed referee in a partnership dissolution dispute. Has handled professional negligence and errors and omissions matters involving attorneys, architects, engineers, surveyors, and real estate brokers. Additionally, handled disciplinary matters involving general contractors, real estate brokers, and title insurers. Has litigated and mediated disputes involving fiduciaries, trusts and estates. After completing undergraduate work in 1988, accepted a regular commission in the U.S. Marine Corps. Served as an artillery fire direction officer and platoon commander during combat operations in the first Persian Gulf War (1990-1991). Reassigned to Marine Corps Recruit Depot, Parris Island, South Carolina, in 1992. Left active duty in 1995 to attend law school but continued in the Marine Corps Reserve as an artillery officer until 2004. Before entering the Marine Corps, worked part-time as a computer programmer. Currently programming and building personal computers and networks are avocations. Skilled in handling electronically stored information, data processing and storage systems, and managing electronic discovery.

Balanced litigation experience representing both defendants and plaintiffs throughout all aspects of a case balancing the risks and necessities of matters poised for trial. Experienced in jury selection and relevant communication strategies. Handled negotiations in complex matters from federal plea agreements to multiple party mediation settlements involving catastrophic injury and death. Work experience, prior to law practice, in non-profit management, personnel management, fund-raising, and public/private partnerships.

SVP & CHIEF LITIGATION COUNSEL at international publicly traded Fortune 500 financial company: managed litigation globally and served as corp representative in high stakes litigation, ADR proceedings and regulatory inquiries; engaged in risk mitigation across all businesses; assisted Company in operational and financial restructure (2007-09) GENERAL COUNSEL to investment advisor with $21 billion under management & CORPORATE SECRETARY to registered investment company: worked with management and reported to board LAW FIRM: represented debtors, creditors, equity holders, and asset purchasers in bankruptcy cases involving complex, multi-party commercial disputes under state and federal laws including, breach of contract, business torts, fraud (constructive and actual), "lender liability", fraudulent transfer, veil piercing/substantive consolidation, lien priority & perfection, valuation, examiner/trustee appointment, stalking horse bidding and “363 sales”, contract rejection (CBAs, commercial real property leases), venue challenges, plan confirmation, avoidance actions, equitable remedies (disgorgement, subordination, injunctions, specific performance, estoppel) FINANCIAL SERVICES-represented party to derivative contract in Enron bankruptcy, prevailed in financing objection and motion to appoint examiner; defended lenders accused of facilitating borrowers’ fraud/Ponzi schemes; represented bank in putative class action alleging violation of FCRA; represented lenders (pre-petition, DIP, exit finance, including alternative structures) in numerous bankruptcies; represented multi-campus school in bankruptcy involving allegations of theft of government loan money CRYPTOCURRENCY-represented C-level executive of FTX debtor in FTX bankruptcy case HEALTHCARE-represented lender to related hospitals in bankruptcy involving asset sales, operational control issues, and hospital closure; represented SNF and assisted living facilities as debtors in sale of assets, appointment of receiver, DOH approval of purchaser, modification of Collective Bargaining Agreement TECHNOLOGY-represented international telecom services provider in breach of contract actions and numerous bankruptcies; defended lender/equipment lessor against aiding and abetting claims and multi-party lien priority disputes in telecom lessee’s $300 million pyramid scheme case AEROSPACE-obtained specific performance on behalf of Japanese Government to obtain delivery of satellite from bankrupt manufacturer; represented purchaser in 363 sale of aviation company's operating assets; represented commercial aviation parts manufacturer in numerous airline bankruptcies MANUFACTURING-defended lender against charges that it participated in/enabled massive fraud orchestrated by CEO of bottled water and beverage manufacturer; represented manufacturers of batteries, airplane parts and dispensing closures in breach of contract claims and various bankruptcies HOSPITALITY/FRANCHISE-represented international franchisors of quick-service restaurants in multiple franchisee bankruptcies involving breach of contract and claims that franchisor misconduct caused financial distress REAL ESTATE: represented landlords in restructure of retail leases in numerous bankruptcies; represented sponsor of condo/co-op conversion in bankruptcy; represented building owner in dispute over escrowed funds in bankruptcy of general contractor; represented real estate developer in dispute involving property valuation; represented lender to apartment community in bankruptcy involving asset valuation INSURANCE-represented insurer in bus fleet’s action to compel coverage, balancing obligation to insure, public need for bus service and insurer’s right to choose risks TRANSPORTATION-represented lender to bankrupt bus company amid allegations of fraud; represented taxi medallion lender in bankruptcies of numerous medallion owners

Senior Vice President of J.S. Held LLC providing construction consulting, owner's representation and expert witness services as well as serving as an arbitrator, mediator and project neutral. Previously a partner of Benchmark Consulting Services, LLC and managed Benchmark’s California operation. Worked part-time in various construction trades while completing high school, college and law school. Over 35 years of collective experience both in the field on construction projects as well as serving as a construction consultant, testifying expert, mediator, arbitrator and project neutral. Retained by multiple private owners, public agencies, sureties, insurance carriers, architects, engineers, developers, construction managers, general contractors and subcontractors to provide a wide range of ADR, consulting and expert services on hundreds of public and private projects with construction costs totaling billions of dollars. Retained as an expert in construction related disputes and has defended and prepared multiple construction related claims. Has acted as a liaison between project owners and contractors to resolve construction disputes and has served as a project manager on numerous construction projects. Relevant experience includes matters involving construction defects, unforeseen conditions, design errors and omissions, change order claims, delays and disruption claims, schedule impacts, acceleration, lost profits, extended general conditions claims, home office overhead claims, out of sequence work, wrongful termination, replacement costs, liquidated damages claims, overpayment, contract accounting, water damage and mold, asbestos abatement, breach of contract, cardinal change claims, fraudulent change orders and billings, hazardous conditions, noise abatement, labor inefficiencies, material escalations, geotechnical issues, performance and payment bonds, mechanic's liens, stop notices and contractor’s license issues including claims of disgorgement. Broad project experience including government buildings, military facilities, airports, hotels, hospitals, churches, bridges, highways, pipelines, wastewater treatment plants, telecommunications, K-12 schools, community colleges, universities, performing arts, science and engineering facilities, subdivisions, single family homes, large custom homes, condominiums, apartments, low-income housing, office buildings, parks, libraries, retail spaces and commercial property.

Broad and varied experience as arbitrator, mediator and general counsel, both in-house and outside. Taught alternative dispute resolution, business law, government, and other law-related courses at law school and undergraduate levels. Insurance: General counsel or senior legal officer for six different insurers. Life, accident & health: Marketing, sale, underwriting, administration, claims, coverage & regulation, as well as individual, class action & regulatory litigation, of and under group, association group & individual major medical, limited benefit medical, disability, universal life, whole life, term life & annuity coverages. Reinsurance (financial, acquisitive & surplus relief); third-party administrator (TPA); managed healthcare network (PPO & HMO); ERISA; usual, customary & reasonable charge (UCR); pre-existing condition; structured settlement; contestability (misrepresentation, fraud, insurable interest, viatical transfer). Property & casualty: commercial general liability, casualty loss & surplus lines; personal lines homeowner & auto. Financial & market conduct regulation: fraud investigation; investment; risk-based capital; minimum capital & surplus; credit for reinsurance ceded; financial reporting; financial & market conduct examinations. Corporate: Numerous merger & acquisition transactions buying or selling insurers or insurance coverages in force with associated assets. Periodic & transactional reporting under Securities Exchange Act of 1934, corporate governance, office leasing, oil & gas leasing, software & other intellectual property licensing. Litigation Management: Multiple litigation dockets of hundreds of cases with annual budgets up to $20 million. Used arbitration and mediation to reduce multiple litigation dockets and budgets by one-half or more. Educational Publishing: General counsel for leading producer of mathematics learning programs. Leading role in successful turnaround efforts and sale of company to major publisher. Handled corporate governance and counseled sibling owners on family business relationships pre- and post-sale. Product development & related contracts; copyrights, trademarks & other intellectual property protection & licensing; author litigation (royalties); manufacturing agent litigation (billing & accounting, self-dealing). Real estate (warehouse leasing, construction of warehouse addition on American Institute of Architects (AIA) forms). Manufacturing: Outside counsel to leading manufacturer of devices to detect exposure of products to shock, high or low temperatures, tipping and other mishandling in transit. Also outside counsel to leading manufacturer of specialty industrial lubricants and coatings. Product hardware & software (cloud, software as a service [SaaS]) development, licensing & related contracts; corporate governance; patent infringement litigation; domestic & international product liability claims & distribution networks. Merger & acquisition transactions selling businesses or product lines; shareholder dispute on board of directors composition. Labor & Employment: Discipline, reduction in force (RIF); executive-level & other unusual terminations; outsourcing payroll & benefits; internal investigations (wrongful termination, harassment [sexual & non-sexual], theft, statutory discrimination and wage & hour claims; insurance claims handling practices; copyright infringement [in-house production of print, audio & video materials]). International: Reinsurance; products liability (France & Australia); offshore manufacturing (Madagascar); joint manufacturing & marketing (US & UK manufacturers); cloud software development (Canadian developer); general commercial advice to Australian industrial conglomerates on US operations; counseling Japanese construction company and German manufacturer setting up US subsidiaries, offices and operations.