Banking
As a full time mediator and arbitrator since 1981, Bill's national experience includes hundreds of complex, multi-party cases arising in over 40 states and foreign countries, as well as appointments by federal and state judges in 10 states. He established the Chicago JAMS/ENDISPUTE office in 1982. Prior to 1981, he practiced law, concentrating on commercial, employment, and insurance-related litigation where he represented both plaintiffs and defendants.
Representative Matters
- Banking
- FDIC/RTC litigation involving employee fidelity bonds, FDIC claims, Officer/ Director E&O policy, Indiana. Member: RTC and FDIC National Roster
- Letters of Credit: Alleged improper execution, California/Connecticut; Alleged premature, unnecessary execution, Wisconsin/Illinois
- Constructive termination from a Board of Directors. Disputes over bank management and valuation of bank stock, Illinois
- Collateral/Loan Buyout. Several banks, 21 franchises, nearly two dozen real estate transactions, national franchiser and a bitter $25M lawsuit, Illinois
- Bank as Stakeholder, dispute among heirs/trustees. Estate mediation: several wills, land trusts, substantial real estate and 3 generations of a large family, Illinois
- Interpretation of Mortgage agreement. Alleged breach of mortgage agreement, refusal to loan related to that agreement, and several related tort claims, Illinois
- Exclusive "correspondent" agreement between bank & loan processing firm and the sale of hundreds of loans to investor banks, Illinois
- Employment, failure to promote senior officer. Mediation, Illinois.
- Professional Malpractice/D&O issues. Claim by bank against law firm involving decades of previous representation, Illinois
- Bankruptcy (Chapter 11)
- P.A. Bergner (Carson’s), Milwaukee. Court appointment, Mediator and Principal in charge of mandatory ADR process projected to involve 500 claims
- Schwinn Bicycle Company, Chicago. Selected as Mediator/Principal in charge of project to resolve nationwide product claims
- US Home, New York (Judge Lifland). Court appointment, Mediator for 8 multi-million dollar, multi-party (17-400+ claimants each) construction, contract and insurance related claims pending in Arizona, Colorado and Texas
- Apex Oil, St. Louis. Court appointment, co-“Special Mediator” to help resolve a group of 400+ consolidated asbestos claims
- Business/Partnership Merger, Sale Reconciliation Dissolution
- Business/Joint Venture "divorce" involving distribution and sale of a new product where mediation avoided lengthy litigation, Illinois
- Merger & Acquisition issues involving more than a dozen specific items described in the M&A documents, Illinois
- Disputes involving key employees within law firms, an advertising firm, and other professional corporations, Mediations, Illinois
- "Wrongful discharge” Corporation in receivership, issues as to tracing assets and bona fide transactions, Illinois
- Yacht partnership dispute, Mediation avoided a messy lawsuit, Illinois
- Successful family business "wrongful discharge." Mediation preserved ongoing business and clarified roles of family members, Illinois
- Majority/minority shareholder dispute. Professional medical corporation, resolution avoids lawsuit, Illinois
- Family dispute involving 3 generations. Co-mediation, Illinois
- Implementation of an ADR agreement and stock transaction after one of the founders left the medical products company. Mediation, Illinois
- Dispute involving property issues in a medical P.C., Mediation, Illinois
- Failure to disclose, in connection w/ the sale of a business. Mediation, Indiana
- Allegations of fraudulent conduct, theft of corporate opportunity, and improper dissolution surrounding the implementation of a multi-million dollar contract with a national franchise. Mediation, Michigan
- Complex Contract (UCC)
- Contract describing the manufacture (and failure) of a key component part of the largest dredging ship ever built. Mediation, Georgia
- 33 international parties, $42M damages. Contract, coverage disputes & problems with the exterior wall of a 33 story building. Mediation, Michigan
- Government Procurement. Substantial dispute involving the manufacturing requirements of military vehicles. Mediation, Wisconsin/Virginia
- Discovery Management
- Court appointment, review of 35,000 documents for claims of trade secret, attorney-client or work product privilege, Connecticut
- 2 appointments by arbitrator to review 45,000 documents: trade secret, attorney-client or work product privilege. Also chosen by parties to arbitrate a separate discovery related claim, New York/California/Illinois
- Real Estate
- Shopping mall lease. Mediation ended six year dispute, Iowa
- Substantial broker fee dispute, complex redevelopment, condominium conversion project. Mediation, Illinois
- 15 parties, Commercial Workout. Several banks, 21 franchises, nearly two dozen real estate transactions, a national franchiser & a bitter $25M lawsuit. Mediation, Illinois
- Franchise/Real Estate issues in 12 states. Numerous mediations, Nationwide
