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Harold Himmelman

Harold Himmelman, Esq.

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Case Manager
Margaret Poppe
T: 202-533-2024
F: 202-942-9186
1155 F Street, NW, Suite 1150, Washington, DC 20004
Mr. Himmelman has gained a national reputation over the past two decades for his mediation and arbitration of complex, multi-million dollar business/commercial cases. He has handled disputes involving virtually every type of subject matter involving national and multi-national companies, professional and private organizations, and Federal and state governments. A number of the government cases have been high-profile litigation disputes that have been the subject of intense public scrutiny and media coverage. Mr. Himmelman has presented training programs on the topic of dispute resolution to law firms, government agencies, corporations, and professional associations, and has conducted many CLE training programs for practitioners. Mr. Himmelman has also authored several articles outlining effective dispute resolution strategies in complex cases, published in The Metropolitan Corporate Counsel and U.S. Business Litigation.

Representative Matters

  • Fraud, Fiduciary Duty, False Claims Act, and Professional Liability
    • Mediations involving fraud, breach of fiduciary duty, malpractice, and related claims involving law firms, unions, pension funds, banks, and private investment accounts. These cases included allegations of mismanagement of pension funds and other investment vehicles; violation of trust responsibilities; improper financial management; legal or other professional malpractice; and related charges.
    • Numerous mediations of Federal and State False Claim Act cases involving defense contractors, subcontractors, and suppliers; hospitals, nursing homes, doctors, and administrators under Medicare, Medicaid, and the Stark Act; office, software, and tool suppliers; private security firms; national businesses selling products outside the United States; and construction contractors and subcontractors.
  • Sports
    • Mediation of a dispute among owners of a professional hockey team involving allocation of present and expected future income, royalties on team merchandise, and issues arising from dissolution of the partnership.
    • Participation in mediation to settle a highly publicized dispute between one of the nation’s premier sports leagues, the players association, and individual players under the league’s Collective Bargaining Agreement.
    • Mediation of a dispute between a national sports organization and a leading world-wide credit card company and a contractor over royalties owed to the contractor for assisting in the development of a credit card group sponsorship program with the sports organization.
  • Entertainment and Media
    • Mediation of two separate disputes involving challenges brought against widely acclaimed international entertainment companies. One case involved allegations brought by public interest entities that the company was violating federal law and was otherwise guilty of misconduct in the conduct of its form of entertainment; the company filed counterclaims and RICO charges against the entities alleging they were liable for fraud. Another case concerned disputes between the parties and alleged breach of contract over the obligations of a service provider to the company.
    • Member of a three-person arbitration panel to resolve a dispute between a prominent newspaper, its owner, and a nationally-syndicated political radio talk show over the respective rights and obligations of the parties under a contract to develop the radio program.
    • Arbitration as a member of a three-person U.S. Copyright Arbitration Royalty panel to decide the royalties owed to recording artists.
    • Mediation of a contract dispute between one of the nation’s largest owners of television stations and a buyer over the sale of stations located around the nation.
  • Intellectual Property and Technology
    • Mediation of patent infringement suits brought by a patent holder against a telecommunications company pending in federal and state courts.
    • Member of mini-trial arbitration panel in a patent dispute between two national consumer product companies.
    • Mediation of numerous disputes involving marketing, licensing, copyright and trademark issues in the areas of consumer products and proprietary technology.
    • Mediation of breach of contract claims by a national consulting firm against a law firm and its foreign government client concerning the development of an innovative information management system.
  • Energy and Environment
    • Mediations of numerous cases, including:
    • Nuclear fuel contract dispute over alleged failure of the fuel to meet contract specifications; claims involved breach of contract and warranty and demands for millions of dollars in damages for the breaches and for the replacement energy costs; mediation successfully completed before any litigation had been filed.
    • A nuclear decontamination contract performance dispute over the decontamination of a nuclear power plant.
    • An oil derivatives contract dispute involving an international oil supplier sued by a large group of U.S. independent oil companies alleging over $200 million in damages for breach of supply contracts, fraud, and violations of the Commodity Exchange Act.
    • A wartimes Superfund remedial action brought by the federal government against a national chemical company.
    • A breach of contract dispute between a regional utility company and its supplier of energy management system services.
    • An environmental clean-up dispute between a U.S. national consulting/engineering firm and a Superfund PRP group over whether the firm met its contractual obligations in preparing the key design plan for remediation of a major Superfund site listed on the NPL.
    • A dispute under FERC’s rules applicable to funding and other financial incentives for energy research and development projects
  • Employment
    • Mediation of numerous employment cases involving whistleblowers; executive employment terms, compensation, and equity ownership rights; age, race, gender, age, and disability discrimination, including allegations of retaliation, defamation, and breach of non-compete provisions; many of these cases have involved government agencies and a number of them have been highly charged, politically volatile, and the subject of intense public scrutiny and media coverage.
  • Corporate Transactions, Mergers, and Acquisitions
    • Mediation of a dispute over alleged breaches of representations and warranties in a $400 million acquisition concerning the proper distribution of a multi-million dollar escrow fund established as part of the acquisition; underlying issues included alleged failure to disclose ongoing U.S. False Claims Act investigations and litigation pending against the acquired company.
    • Mediation of a dispute between two technology companies involving the acquisition by one of the other and a falling out over implementation of the deal agreements.
    • Mediation of a shareholder derivative and class action suit involving the alleged mismanagement of a technology company.
  • Franchises
    • Mediations of a large number of cases involving the automobile, hotel, and food industries.
  • Healthcare and Pharmaceuticals
    • Mediation of a dispute between a multi-national pharmaceutical company and one of its principal drugstore chains concerning product pricing.
    • Mediation of a dispute between a national health care product supplier and its principal distributor over alleged failure of the distributor to meet the terms of the parties’ contract.
  • Bank and Security Service Provider
    • Mediation of a dispute between a national bank and its provider of security services. Case was originally set to be arbitrated but was converted at Mr. Himmelman’s suggestion to mediation and was successfully resolved.
  • Commercial Services
    • Mediation of a multi-party dispute among a national food chain, equipment suppliers, and refurbishers over custody, control, and maintenance of the chain’s equipment operations.
  • 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.

Counsel Comments

    • “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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