Professional Training
Dartmouth College (AB, English and Economics, with honors-1961); Yale University (JD-1964); New York University (LLM, Labor Law-1967).
Professional Experience
Self-employed as Arbitrator and Mediator, 2000-present; Partner,Orrick, Herrington & Sutcliff, 1997-00; Partner, McDermott, Will & Emery, 1989-97; Partner, Myerson & Kuhn, 1988-89; Partner, Finley, Kumble, Wagner, et al., 1985-88; Associate, Skadden, Arps, Slate, Meagher & Flom, 1979-85; Assistant Vice President and Labor Attorney, The Singer Company, 1968-79; In-house Labor Attorney, National Association of Manufacturers, 1966-68; Associate, Lorenz, Finn & Giardino, 1964-66. Prior to becoming a full-time neutral in 2000, specialized in employment disputes ranging from complex multi-party matters to individual claims against employers. Had over 36 years' experience preventing and resolving employment disputes as counselor and litigator. Led litigation defenses to private class actions and government pattern and practice cases focused on employment practices nationwide, representing firms in healthcare services (classification as employees or independent contractors); temporary services (sex discrimination), insurance(age discrimination), restaurant chain (sexual harassment), telecommunications (race discrimination); and manufacturing (ERISA implications of changes to welfare benefits); and wrote amicus brief supporting financial services company's opposition to government lawsuits on behalf of employees already covered by arbitration agreements. Negotiated settlements in scores of disputes in courts and agencies. Defended employers in class, pattern, and individual cases while advocating best practices to avoid future cases. Handled all forms of discrimination (race, religion, sex, age, national origin, disability, veteran or marital status, sexual orientation, and appearance) and related harassment and cases; common law claims in contract and tort, including fraud, defamation and breach of fiduciary duty; post-employment disputes involving wrongful discharge, whistle-blowing, trade secrets, confidentiality, raiding, and non-competition agreements; wages, hours, and overtime claims; pension and welfare bene
ADR Experience
Mediator in approximately 75 matters, private and court-appointed, in New York City and vicinity, including multi-party disputes and complex controversies involving mass torts, business and partnership breakups, immigration appeals, defamation claims, and disputes under basic employment agreements and executive contracts, including material breach, "good reason" for actions, fiduciary duties, and post-employment obligations; and whether workplace conduct is whistle blowing or other opposition activity protected from employer retaliation. Prior to becoming a neutral, advocated and negotiated as a defense lawyer in scores of settlement efforts, with or without a mediator. Beginning in 2000, mediated numerous matters for the U. S. Court of Appeals for the Second Circuit (immigration appeals); Mediation Panels of the U. S. District Courts for the Southern and Eastern Districts of New York; Special Master of the New York State Appellate Division, First Department; the Commercial Division of the Court of New York; and the U. S. Equal Employment Opportunity Commission. Recent focus has been on disputes under executive and partnership agreements.
Other Information
Contributing editor, Employee Relations Law Journal, including: "Arbitration of Class, Mass, Collective, and Pattern or Practice Actions", Winter 2003; "Advocacy in Arbitration: Practice Tips", Winter 2002; "Truthfulness and Judgment in Resolving Employment Disputes, Part II", Spring 2002; "Truthfulness and Judgment in Resolving Employment Disputes, Part I", Winter 2001; and "Preparation for Settlement of Workplace Disputes", Summer 2001, Co-authored "Litigation and Settlement of Complex Employment Class Actions: An Overview" (Glasser Legal 1998).