Mr. Himmelman has mediated and arbitrated a wide array of employment cases over many years, including all types of alleged discrimination; whistleblower; executive compensation/equity ownership disputes; and claims of retaliation, defamation, and breach of non-compete provisions. He has mediated several very high-profile, politically sensitive, and emotionally charged disputes through JAMS and as a senior mediator for the federal courts involving various federal departments, agencies, and government officials, including elected officials. He has presented many dispute resolution and CLE programs involving employment issues to federal agencies, corporations, law firms, and bar associations.
- Whistleblower, First Amendment, Privacy Act. Mediation of several highly public and intensely scrutinized disputes between current or former federal employees and U.S. agencies, including Cabinet-level departments, concerning the employees’ allegations of misconduct by the agencies and subsequent retaliation by government officials for actions taken by the employees to reveal the alleged wrongdoing. These disputes have included cases linked to high government officials and in some instances former Presidents as well as to the trauma of post-9/11.
- Law Firms. Mediation of several disputes involving national law firms and current or departing partners or associates involving alleged race, gender, or age discrimination, compensation issues, and alleged violations of the partnership agreement.
- Mergers/Buyers’ and Sellers’ Rights. Mediation of several post-merger breach of contract disputes between national companies and owners and executives of acquired businesses. The disputes have involved effectuation of the terms of the acquisition agreements, including issues over proprietary ownership rights, stock options, employment terms and executive compensation, and non-compete requirements. Cases include fields such as intellectual property, technology, consulting, consumer services, and defense contracting.
- Discrimination and Defamation. Mediation of many disputes involving claims of race, gender, age, or disability discrimination, and ancillary claims of retaliation, defamation and other personal torts, brought against various corporations, government agencies, and law firms. Among these cases are actions brought by employees against the nation’s primary intelligence agency; two separate class action suits brought by groups of employees against hotel chains and a national entertainment chain; charges against a prominent U.S. university alleging race discrimination in a graduate program; and discrimination by a U.S. Government entity operating outside the U.S.
- Computer Sales Commissions. Mediation of a dispute concerning a former top sales manager for a major U.S. computer company who alleged breach of contract and related claims arising out of his treatment after changes by the company to its national marketing program.
- Law Firm Partnership. Chair of a three-person arbitration panel to resolve the rights and obligations of a departing founder and principal of a law firm.
- Discrimination, Retaliation, Tort. Sole arbitrator in the first case brought under a national company’s ADR program. The case involved allegations of gender discrimination and retaliation; sole arbitrator of an age discrimination case.
- Sports Company Management/Executive Compensation. Sole arbitrator of a dispute involving the departure of the CEO and President from a sport and health company that owned multiple facilities in a major metropolitan area.