Mr. Himmelman has been involved over the years on a number of non-profit Boards and in sports related activities. He currently serves as the Chairman of the Board of the Cal Ripken, Sr. Foundation, a non-profit founded by Cal Ripken, Jr., his brother Bill, and their mother in honor of the late Cal, Sr. who mentored and coached thousands of youngsters, major league baseball players, managers, and coaches. The Foundation supports under-served youth by building Youth Development Parks (some with Adaptive Fields for special needs children) across the nation in distressed communities, providing original programming, and partnering with law enforcement and other youth service organizations.
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.
- Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
- Mediator, U.S. District Court and U.S. Court of Appeals (DC Cir.) ADR Program since 1995
- Member, ABA and DC Bar Dispute Resolution Sections
- Visiting Lecturer, American University and George Washington University Law Schools, 2013
- Former Member, U.S. Copyright Arbitration Royalty Panel
- Former Member, D.C. Bar Fee Conciliation and Arbitration Service
- Former Member, JAMS Regional Advisory Council
- Former Board Member, Boys & Girls Clubs of Greater Washington and the D.C. Boys & Girls Clubs
- Current Member of private, non-profit Boards
- LL.B., New York University School of Law, 1967 (Walsh Scholar)
- B.A., cum laude with highest honors, Williams College, 1964 (Phi Beta Kappa)
- Trial Attorney, U.S. Department of Justice, Civil Rights Division, Honors Law Program
- Senior Partner/Director, Beveridge & Diamond, P.C., Washington, D.C. for 38 years. (Firm’s first Managing Partner; currently Senior Counsel)
- Practice included litigation, arbitration, and negotiation advocacy, including jury and non-jury trials involving federal and local governments, corporations, citizens groups, and individuals. Cases included commercial, intellectual property, environment, tort, discrimination, and first amendment. Representation included plaintiffs and defendants, large and small companies, and consortiums of national and multi-national companies.
- “An agreement could not have been reached without Harold’s intervention. He was incredibly well-prepared and a master of shuttle diplomacy. At the appropriate times he was sympathetic, at times forceful. He was always patient. No matter how impenetrable various impasses seemed, he would never give up and always had creative suggestions. He kept both sides, and their lawyers, calm and focused through this highly charged process."
- Senior Partner, National Law Firm
- "This was a case of great complexity. It was only because of your creativity, diligence, and faith that settlement was reached. I want to thank you very much for all your efforts. This was in many ways a ‘model mediation in which through your efforts, parties acting in good faith were able to come to an agreement that fully satisfied the interests of all concerned.."
- Senior Federal Judge
- “Without your skill and persistence, the litigation in this case likely would have continued for several additional years at great expense in time, financial and human resources to all parties involved. Instead, through the efforts of your good offices, the parties have achieved a mutually satisfactory resolution. You have done a great service not only to the litigants and the court, but to the taxpayers as well.”
- Senior Official, Federal Agency
- “This was probably the most difficult mediation in which I have been involved. I am deeply appreciative of your extraordinary efforts, skill and commitment.”
- Partner, Top 30 National Law Firm
- “Your unrelenting efforts to move the parties towards a resolution of this complex and high profile matter resulted in a fair and equitable resolution for all concerned. It is an acknowledgement of your skill and acumen as a mediator that not only was an agreement reached but that the parties are all so pleased with the end result.”
- General Counsel, Federal Agency
- “Mr. Himmelman performed his duties as mediator with scrupulous fairness, patience, skill and insight, ultimately enabling the parties to settle this case despite substantial long-standing differences. Mr. Himmelman is one of the most effective mediators we have encountered.”
- Partner, DC Law Firm
- “I didn’t think that our chances for success were great, but that was only because I didn’t factor in your expertise. I really don’t think we could have reached a settlement without you.”
- Partner, Top 100 National Law Firm
- “I just wanted to express my appreciation for the quality of the mediation service you performed. Disputes, by definition, should never be pleasant to play out. But, the way you handled the proceeding, coupled with your personal comportment and capabilities, made the battle almost tolerable. You are an extremely competent mediator.”
- Senior Executive, Energy Company
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