Arbitration and MediationWe don’t reflexively and thoughtlessly litigate. We’re strategic and deliberate, and know that not every dispute is best resolved in the courtroom and that alternative dispute resolution (ADR) techniques might be the better business choice under certain circumstances. Facility with ADR is crucial for any modern litigation practice as protracted and costly litigation often can be avoided or shortened through resort to arbitration or mediation. Experience with these forms of dispute resolution is essential for litigators, and clients should insist that such techniques be carefully considered, and potentially employed, in developing an overall strategy for addressing potential, threatened or pending litigation. We know and understand the different uses, strategies and procedure for a full range of ADR and have an excellent track record of success in ADR in asserting and defending clams in various contexts.
Hine & Ogulluk LLP has extensive experience with arbitration, mediation, complex multi-party settlement negotiations of all kinds, and all forms of ADR techniques. We have arbitrated, mediated and resolved cases in numerous forums, such as the American Arbitration Association (AAA), Financial Industry Regulatory Authority (FINRA), International Chamber of Commerce (ICC), and Judicial Arbitration and Mediation Service (JAMS), as well as in international arbitration. We have successfully engaged in the private negotiation and resolution of international disputes involving parties from multiple countries with competing interests. And we have been involved in many court-sponsored mediations as well, including in high-profile multi-party disputes mediated by former and sitting judges. We have litigated the enforceability of contractual arbitration, meditation and dispute resolution provisions in multiple courts in many different contexts. We often assist clients in drafting such provisions to help address potential future disputes. In other words, we are familiar with the naunces of arbitration and mediation and can bring our experience in such matters to bear for the benefit of our clients, all with a view towards developing the optimal strategy for resolving their disputes in an efficient and beneficial manner.
- Centragas v. Techint Construction Corp., No. 10690 (International Chamber of Commerce) – represented foreign corporation in international arbitration of contractual claims concerning pipeline construction project in Colombia, South America.
- GSI Commerce vs. Lehman Bros., et al. (FINRA) – lead trial counsel for former Lehman executives in a FINRA arbitration alleging that Lehman and its representatives mismanaged an investment account, made various misrepresentations, were negligent, and breached contractual and fiduciary duties, in connection with investments in auction rate securities. After a two week evidentiary hearing, the arbitration panel returned a defense verdict on all claims.
- Artal Nederland B.V. v. Hoechst Schering AgrEvo GmbH, No. 2087 (Netherlands Arbitration Institute) – represented foreign corporation in international arbitration involving claims arising out of corporate auction in the bio-technology industry.
- In re Lehman Derivatives Litigation (Bankr. S.D.N.Y.) (JAMS) – represented Lehman affiliate in adversary proceeding involving a dispute over the rights to approximately $600 million of collateral posted under several complex derivatives swap agreements. Under the terms of a very favorable settlement following JAMS mediation, the Lehman Estate received a lump sum payment constituting one of the largest recoveries to date for Lehman in the bankruptcy.
- In re Anthracite Capital, Inc., Case No. 10-11319 (Bankr. E.D.N.Y.) – successfully represented on a contingency fee basis the trustee of a bankrupt REIT in bringing claims of, inter alia, breach of fiduciary duty, breach of contract, and fraudulent transfer against BlackRock Financial Management, Inc. and individual BlackRock defendants arising from investments in commercial mortgage backed securities (CMBS) and related instruments, ultimately resulting in mediated settlement for the estate.
- Amromco Energy, LLC v. Amromco Holdings LP, JAMS No. 1425011836 – represented certain sellers in a mediation involving alleged breaches of contract arising from the sale of Romanian oil and gas business and related rights to access state-owned oil and gas reserves. Successfully negotiated settlement of dispute.
- Lehman Brothers Auction Rate Securities Litigation (FINRA) – defended Lehman and former Leman employees in regulatory investigations and numerous high-profile civil actions and FINRA arbitrations nationwide alleging mismanagement of investment accounts, breaches of contractual and fiduciary duties, and misrepresentations to clients invested in auction rate securities.
- Personnel Dept., Inc. v. CareerBuilder, LLC, Civil Action No. 2:08-cv-59 (D. Vt.) – represented defendant against allegations of misappropriation of trade secrets and related claims involving internet-based resume writing and evaluation service. Successfully resolved through mediation.
- Goodwin vs. The Reserve Funds, et al. (S.D.N.Y.) – represented plaintiff investor in securities fraud and breach of fiduciary duties action related to the sale of unsuitable securities. Successfully settled dispute as part of court-ordered mediation.
- Smile Train, Inc. v. Mullaney (S.D.N.Y.) – represented co-founder and CEO of international charity and executive producer of Oscar-winning documentary in lawsuit alleging copyright and trademark infringement, breach of contract and misappropriation of trade secrets. Successfully settled dispute as part of court-ordered mediation.
- BCP Voyager Master Fund SPC, Ltd. vs. The Royal Bank of Scotland plc, et al. (N.Y. Sup. Ct.) – represented the Royal Bank of Scotland in New York Supreme Court’s Commercial Division in $200 million breach of contract action involving counter-claims of misappropriating and trading on confidential insider information and breaches of fiduciary duty. Successfully settled dispute as part of New York Commercial Division’s pre-trial mediation program.