has been nationally recognized for two decades as a distinguished mediator and arbitrator of highly complex disputes involving national and multi-national companies and high profile government disputes involving the U.S. Department of Justice and sister federal agencies. A number of the government cases have involved litigation that has been the subject of intense media scrutiny. In mediating hundreds of cases, many of which have involved claims for tens or hundreds of millions of dollars, Mr. Himmelman has gained a reputation as an expert resolving disputes in such areas as: business and commercial; Federal and State False Claims Act and qui tam; fraud and fiduciary duty; professional liability and malpractice; sports, entertainment and media; intellectual property; technology; partnerships; franchises (auto, food, hotel); employment (whistleblower, Privacy Act, age, race, and gender discrimination, executive compensation/equity ownership); and environment.
ADR Experience and Qualifications
Mr. Himmelman has been an ADR trainer for the U.S. Department of Justice and other federal agencies, corporations, law firms, and private organizations, and a lecturer on ADR at law schools. He has conducted numerous CLE trainings through JAMS and for local bar associations. He has authored articles on best ADR practices for The Metropolitan Corporate Counsel and U.S. Business Litigation.
- False Claims Act and Qui Tam. Mediated numerous cases with FCA, qui tam, and related claims brought by the U.S., states, and whistleblowers with claims often in the hundreds of millions of dollars. These disputes have involved, among others: (1) national defense contractors, subcontractors, and suppliers; (2) private security companies provided services to the Armed Forces; (3) Medicare/Medicaid fraud and Stark Act violations (hospitals, nursing homes, and doctors); (4) office, software, and tool suppliers; (5) domestic companies operating outside the United States; (6) and construction companies.
- Business and Commercial Matters. Dozens of mediations involving national and multi-national companies in areas such as: (1) supply and service contracts in numerous commercial fields (for example, nuclear fuel; oil; pharmaceuticals; medical technology; office supplies; food services); (2) provision of software and hardware technology and services; (3) business and law firm partnerships; (4) sales of radio and television stations; (4) airline routing and security operations; (5) project development, for example in the nuclear and technology industries; (6) real estate partnerships and development; (7) valuations; (8) consulting contracts; (9) housing developments; and (10) derivative contracts.
- Whistleblower, First Amendment, Privacy Act, Freedom of Information Act. Mediated many cases brought by whistleblowers against their companies or a federal agency alleging fraud and misconduct within the organizations. Numerous cases have involved federal employee claims against U.S. cabinet-level agencies and top-level officials alleging retaliation for charges the employees made of misconduct by the agencies or officials. Many of these cases have involved litigation with extensive national and international media coverage. Some of the cases have been linked to post-9/11 events and others have concerned issues directly related to former U.S. Presidents.
- Intellectual Property (IP). Mediation of IP disputes including: patents; copyright/trademark; and licensing/marketing in such fields as telecommunications, consumer products, proprietary government data, and information management systems.
- Sports, Entertainment, and Media. Mediated many disputes in these areas including (1) a highly charged public dispute between a primary U.S. professional sports league and the players under a Collective Bargaining Agreement; (2) partners’ rights in a professional sports franchise and ancillary merchandising revenue; (3) public interest group challenges to an internationally-acclaimed entertainment organization, with counterclaims for fraud and RICO violations; and a separate litigation involving another internationally-recognized entertainment company and a principal contractor; (4) sponsorship program with a major national sports organization; (5) a dispute between one of the nation’s foremost owners of television stations and a buyer over sales of television stations located around the nation.
- Employment. Mediated numerous cases involving age, race, sex, gender, disability, and executive compensation/equity ownership rights, and ancillary issues of retaliation, defamation, violation of non-compete agreements and similar issues, where the parties included government agencies, public- and privately-held businesses, and law firms.
- Environment and Energy. Mediated many cases involving nuclear fuel supply contracts, project development, power plant decontamination; oil supply contracts; FERC rules applicable to federal funding of energy projects and research; and Superfund and related environmental disputes, including U.S. wartime claims.
Representative Arbitration Matters
- Mr. Himmelman has served as the Chair or a member of three-person arbitration panels or as sole arbitrator in numerous arbitrations involving in many instances multi-million dollar claims. These matters have included (1) energy supply agreements; (2) large hospital system demerger dispute; (3) dispute between a prominent newspaper and its owner and a nationally-syndicated political radio show; (4) valuation of the sale of a telecommunications company; (5) executive employment and employment discrimination; (5) law firm partnership disputes; (6) sale of television and radio stations; (7) royalty rights of recording artists through the U.S. Copyright Arbitration Royalty panel; (8) intellectual property and licensing/royalty arrangements; (9) real estate partnerships; (10) medical supply contracts; (11) probate/testamentary; (12 insurance and surety indemnification; and (13) student loans, including fraud and RICO claims.
Comments from Counsel
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