Vivien B. Shelanski, Esq. is a skilled mediator and arbitrator who has resolved hundreds of complex business/commercial, employment, construction, healthcare, entertainment, franchise, intellectual property, securities, real property, trusts and estates, technology, and telecommunications cases.
ADR Experience and Qualifications
- Business/Commercial: Contract and other business disputes involving public and closely-held companies in industries including financial services, entertainment, manufacturing, software, and telecommunications
- Construction: Multi-party claims involving various types of structures and issues, including claims of delay, design and work defects, cost overruns, breach of contract, and professional liability
- Employment: Individual and multi-party claims of discrimination (gender, age, race, religion, national origin, sexual orientation, and disability), retaliation, and harassment; ADA, FMLA, FSLA/wage-hour and ERISA claims; contract claims involving executive compensation, severance benefits, non-compete and non-solicitation agreements
- Franchise: Disputes among manufacturers and dealers or distributors regarding warranties, supplies, pricing, and services
- Healthcare: Malpractice claims against physicians and hospitals; dissolutions of medical practices; wrongful discharge claims by senior executives, physicians, and hospital employees
- Intellectual Property: Copyright, patent, trademark and trade secret disputes in industries including financial services, entertainment, publishing, advertising, software, and design-related businesses including textiles, apparel, jewelry, and hardware
- Real Property: Mortgage fraud claims against private lenders, government entities, and title companies; contract claims involving financing agreements for commercial and residential properties; commercial leasing disputes
- Securities: Fraud claims alleging misrepresentations in offering documents; investor claims against broker-dealers alleging churning, unauthorized trading, lack of suitability, and failure to supervise
- Technology: Disputes between software, hardware, and website specialists and the companies retaining their services
- Trusts and Estates: Disputes between trust beneficiaries, including family members and foreign institutions; disputes among family members about the operation and/or dissolution of family-owned businesses
Representative Matters
- Securities claims by pension-fund investors alleging misrepresentations and omissions in prospectus for initial public offering
- Construction dispute involving renovation of historic building facade with claims including defective design and construction, cost overruns, delay, and malpractice by architect and structural engineer
- Copyright dispute between designer of decorative hardware and manufacturers and distributors of allegedly infringing products
- Post-acquisition dispute between buyer and seller of educational services business alleging contract breaches pertaining to balance sheets, valuations, and representations and warranties
- Real estate dispute between healthcare clinic and owner of building being converted to a condominium, with respect to alleged breach of warranty of habitability
- Discrimination claim by television personality on daytime show alleging that termination was based on race and age