Representative Matters

Business Commercial
• • Mediated numerous breach of contract claims, including the following:
  • Medical supplier’swarranty for fitness
  • Investment capital company mergers
  • Radio station sale
  • Oil drilling rights
  • Resort property tenant’s failure to remit taxes
  • Settlement agreement regarding health care management company assets
  • Franchise agreements
  • Capital loan commitment for diamond mine
  • Distribution of assets after company dissolution
  • Security system failure resulting in property loss
  • Use of performance-enhancing drugs (MMA fighter)
  • Physicians’ agreement not to compete
  • Trade secrets
  • Employment covenants
  • Mediated business disparagement, civil conspiracy and defamation in construction of Skywalk, Grand Canyon
  • Mediated numerous Fair Debt Collection Practices Act disputes and Fair Credit Reporting Act disputes
  • Mediated Securities and Exchange Commission fraud claims
Civil Rights
• • Mediated and litigated numerous cases involving Section 1983 claims, excessive force against prisoners, excessive force arrests against suspects, false arrests on resort property, housing discrimination, free speech, equal protection, wrongful conviction by claimant wrongfully accused of murder, wrongful arrest, prisoner wrongful death, prisoner suicide, wrongful death of suspect using Tasers, accidental shooting, deliberate indifference to medical needs of prisoners, dog killings and lifetime movement and residency restrictions for sex offenders 
Construction
• • Litigated and mediated disputes in public and private construction projects regarding the following:
    • Entitlement to change orders in new and remodel projects
    • Claims for performance and payment bonds
    • Failure to pay subcontractors
Education Law
• • Litigated claims involving equal expenditure of funds for athletic programs (Title IX), student and teacher sexual harassment, teacher and administrator tenure and promotion, student and faculty discipline, transgender student bathroom use policy, drug testing for student extracurricular activities, student expression claim involving a student valedictorian proselytizing at a high school graduation, administration’s selection of high school play involving gender identity, student expression, bullying, racial bias, the legality of school uniforms in public schools (First Amendment), children with special needs and the Individuals with Disabilities Education Act
Insurance
• • Mediated numerous insurance coverage disputes covering a wide array of issues, including business interruption claims caused by property damage, bad faith claims, automobile coverage, title insurance, homeowners insurance, legal malpractice, theft and fraud coverage, and duty to defend in an employee embezzlement case
Intellectual Property
• • Mediated trademark infringement of medical products, technology software, dental care trademark, body sculpting trademark, trade dress in franchise dispute, alcoholic beverages and body waxing services
  • Mediated copyright infringement matter concerning musical compositions
  • Mediated patent infringement matters involving toy, gaming machines, telephone equipment and touchscreen device
  • Mediated product licensing agreement dispute
Labor and Employment
• • Arbitrated discipline and terminations based upon performance and misconduct
  • Mediated or presided over employee misclassification and class action wage and hour (FLSA) disputes involving bartenders of a chain of local casinos, table games supervisors, casino hourly shift employees, exotic dancers, limousine drivers, account executives and medical assistants   
  • Mediated and litigated numerous Title VII claims of wrongful termination, discipline or failure to hire or promote, alleging discrimination and retaliation based upon protected status such as race, religion, national origin and gender, including sexual harassment, in both small and large businesses and public entities
  • Mediated and litigated numerous Americans with Disabilities Act and Age Discrimination in employment Act discrimination claims
  • Mediated employment discrimination claims brought by the EEOC against a national chain of restaurants based upon Title VII sexual harassment and retaliation
  • Mediated and litigated numerous claims alleging FMLA interference and retaliation
  • Mediated claims by exotic dancers alleging wrongful treatment related to weight, personal appearance and pregnancy
  • Mediated employment contract buyout for food and beverage employee based upon national origin claim
  • Mediated and litigated numerous collective bargaining disputes, elections, representation, benefits, union grievances, reductions in force, lay-offs and employee-management relations disputes
Military Law
• • Litigated claims involving the Uniformed Services Employment and Reemployment Rights Act and Servicemembers Civil Relief Act
Personal Injury
• • Mediated and litigated motor vehicle accidents and slip or trip and fall accidents involving big-box stores, grocery stores, restaurants, apartment complex, resort properties, public schools and private home
  • Litigated catastrophic injuries of student athlete
  • Mediated wrongful death caused by automobile, medicine and trucking company
  • Mediated Federal Tort Claims Act claims, slip and fall at TSA checkpoint and wrongful death caused by medical malpractice
  • Mediated product liability/negligence claims, wrongful death caused by electrocution via arcade machine, accidental discharge of firearm by child and injury to passenger on national bus company
  • Mediated invasion of privacy claims, unsolicited telephone calls by health insurance company (TCPA) and cameras in temporary housing rental
  • Mediated claims involving railroad worker accident; Federal Employer’s Liability Act
  • Mediated claims involving defamation, intentional interference with economic advantage and interference with contractual relations
Real Property
• • Mediated and litigated wrongful foreclosure sale by homeowners association, quiet title claims and title insurance claims
  • Litigated eminent domain disputes
Sports
• • Arbitrated U.S. Center for SafeSport matters resolving abuse and misconduct claims affecting various sports under the U.S. Olympic and Paralympic Movement