Linda Gerstel

ADR Training
CPR-FTI Consulting Cybersecurity in ADR (2019); Smarter, Faster, Cheaper Technology Disputes Dispute Resolution Conference (AAA 2018); The Litigative DNA: What Can Be Done About the Underutilization of Mediation in New York? (2018) ; Arbitration or Mediation a Solution to Cybersecurity Issues (Westlaw 2018); International Arbitration- Columbia Law School- Chartered Institute of Arbitrators (2017);Best Practices for Arbitrators (2016); Effective Advocacy Techniques in Insurance Coverage Mediation (2015);Cornell University, ILR, Labor & Employment Law Mediation (2014); Arbitration in New York Civil Courts (2013); Commercial Mediation (SDNY 2013); Advanced Commercial Mediation (NYC Bar 2012); Basic Mediation (NY Center for Interpersonal Development 2011)

Professional Training
Barnard College-Columbia University (B.A. 1983) (magna cum laude); Temple University Law School (J.D.1986);Fellow, Chartered Institute of Arbitrators, London; AV rated by Martindale Hubbell (highest peer review rating)

Professional Experience
Arbitration and mediations, as sole and three part panel and chair, handled include the following: Commercial contracts: numerous disputes arising out of a broad range of commercial contracts, including, failure to pay for goods and services, defective merchandise, commercial code issues, breach of business broker agreement, breach of investment advisory agreement, breach of warranty, misrepresentations, fraud and fee collections Financial matters: payment defaults, failure to fund, guarantees, dissolutions and business valuation Franchise and Distributorships: dealer and distributor terminations, claims against franchisor for failure to provide contracted support, failure to pay royalties, breach of non-compete Insurance contracts: including, property and casualty, malpractice, business interruption, D and O and professionals & accountants' liability; insurance coverage regarding Super Storm Sandy, including claims for business interruption losses and for property damages brought by homeowners and business owners, including claims for damages caused by flood, wind, water and mold; businesses included, wholesale produce distributors, food catering businesses, car dealers, retail stores, fitness centers, accounting and law firms Intellectual Property: IP Licensing, R and D, ownership disputes, patent infringement, trade secrets misappropriation, trademark infringement Employment matters: acted as neutral in various cases: including wrongful termination, severance, non-compete provisions, and a wide range of statutory claims, such as Title VII of the Civil Rights Act [race, color, national origin, gender and religion]; Section 1981; American with Disabilities Act; Age Discrimination in Employment Act; Family and Medical Leave Act; Fair Labor Standards Act; New York State Human Rights Law; New York Labor Law; New York Whistleblower Law and NYC Human Rights Law; ERISA Age, Race, National Origin, Gender Orientation and Sex Discrimination and Harassment: Allegations of age discrimination against non-profit soc

ADR Experience
CPR Distinguished Neutral, Mediation and Arbitration and Employment Panel; AAA Large Complex Commercial Panel; AAA Storm Sandy Mediation Panel; FINRA Arbitration Panel; Second Circuit Court of Appeals Mediator Panel; Mediator Advisory Committee of the United States District Court for the Southern District of New York committee which enhances and develops programming and evaluates new mediators 2016-2018; Southern and Eastern Districts of New York Panel Mediator employment matters and business disputes; New York Supreme Court Commercial Panel Mediator; Southern District of New York Bankruptcy Panel Mediator

Other Information
Areas of specialty : commercial contracts, employment, civil rights and FLSA; Financial matters, Franchise law, Intellectual property , insurance, partnership law, real estate trusts and estates and securities