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Nancy Holtz

Hon. Nancy Holtz (Ret.)

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Case Manager
Jeffrey M. Poirier, Esq.
T: 617-228-9121
F: 617-228-0222
One Beacon Street , Suite 2210 , Boston , MA 02108-3106

Hon. Nancy Holtz (Ret.) comes to JAMS with over 30 years of experience as a Judge, attorney, and ADR practitioner. In 15 years on the bench, the Judge Holtz has handled countless complex business disputes and commercial cases of all kinds involving breach of contract, shareholder rights, closely held corporations, corporate freeze outs, partnerships, joint ventures, intellectual property, franchising, and other commercial cases. She has also presided over construction cases, entertainment/sports cases, insurance cases as well as professional liability (medical, legal, architects), employment, wrongful death, and other personal injury actions.

Judge Holtz is a recipient of the Daniel F. Toomey Excellence in the Judiciary Award in recognition of her intellect, fairness and judgment. She is known for her charismatic style and ability to help each side analyze the strengths and weaknesses of a case. Judge Holtz has become a “go to” mediator for high stakes and complex matters when parties want a real “closer.”

Judge Holtz’s rich experience as a trial attorney, trial judge, and now as an ADR practitioner make her uniquely suited to complex matters. Her communication and interpersonal skills help assist attorneys and the parties navigate through the emotional and personal factors which can be found in even the most complicated factual or legal disputes. In short, Judge Holtz understands that all parties have a perspective which must be heard, respected, and taken into consideration.

ADR Experience and Qualifications

  • Presided over numerous business/commercial disputes involving breach of contract, shareholder rights, corporate freeze outs, closely held corporations, joint ventures, partnerships, intellectual property; also numerous construction cases as well as tort claims such as professional liability (medical, legal, architect), employment, product liability, wrongful death and other personal injury actions
  • Full-time ADR practitioner since retiring from the bench in 2012, mediating and/or arbitrating business/commercial disputes: contracts, corporate freeze outs, shareholder rights, joint ventures, partnerships, copyright/trademark, Lanham Act claims; construction litigation, employment, professional liability, wrongful death/serious personal injury; insurance

Representative Matters

  • Business/Commercial
    • Mediated claim by track coach against athletic director for claims including defamation and tortious interference with advantage relations
    • Mediated franchise dispute involving post termination trademark infringement claims and various breaches of the franchise agreement
    • Mediator in claim/counterclaim in entertainment/sports industry regarding allegations of violation of Lanham Act, Sec 43(a); misappropriation of trade secrets, federal trademark dilution and related state claims
    • Mediator in multiple cases involving dissolutions of partnerships and LLCs, close corporation shareholder freeze-outs and various other business disputes
    • Mediator in claim for violation of Lanham Act, commercial disparagement and related state claims
    • Arbitrator in shareholder dispute action relating to restaurant/night club
    • Arbitrator in dispute between employee and employer of multinational corporation regarding compensation: salary, bonuses and stock options
    • A wide range of contract disputes over various terms in commercial documents
    • Arbitrator in dispute between manufacturer and supplier of medical devices
    • Mediator in numerous cases between condominium owner and association relating to defects, mold/water, noise, nuisance and many others
    • Mediator in claim by employee of multinational corporation in hospitality industry involving claims of misappropriation of corporate funds, excessive bonuses and related issues
  • Civil Rights
    • Claims against police officers alleging a range of violations of state and federal civil rights, including U.S.C. Section 1983 litigation
  • Construction
    • Neutral reviewer on numerous Federal Emergency Management Agency (FEMA) claims related to Superstorm Sandy
    • Construction defect cases involving claims of defective fabrication
    • Marine construction
    • Resolution of conflicting provisions of contract documents
    • Wrongful death and serious personal injury claims
    • Numerous multi-party disputes involving private and public construction contracts, performance, and delay claims
  • Employment
    • Action by employee of auction house for discrimination, wages and related claims
    • Multiple actions by employee of automotive dealerships for breach of contract, discrimination as well as claims against departing employees for breach of various restrictive covenants such as non-compete, and non-solicitation covenants
    • Age, gender, race and handicap discrimination claims in a variety of other companies
    • Various breach of contract of employment relationships
  • Entertainment and Sports
    • Mediated dispute in claim brought by highly successful track and field coach against the athletic department and athletic director alleging tortious interference with contractual relations, negligent infliction of emotional distress and defamation
    • Mediated dispute between talent and globally recognized athletic footwear and apparel company involving claims under New York Civil Rights Law, Sec. 50 & 51, alleging unauthorized use of his image for commercial purposes on company’s social media and e-commerce websites as well as a claim for unjust enrichment
    • Mediated claims against internationally recognized sports endurance and adventure company alleging violation of the Lanham Act, Sec. 43(a), misappropriation of trade secrets, libel, federal trademark dilution, tortious interference with advantageous and contractual relations and related claims; also counterclaims alleging breach of fiduciary duty and diversion of corporate opportunity, fraud and related claims
  • Insurance
    • Mediated and arbitrated numerous claims brought by owners of commercial and residential properties for storms, water, snow, ice, flooding other water damage and resulting mold
    • During 15 years as a Superior Court judge handled hundreds of insurance coverage declaratory judgment actions, in which issues of interpretation of coverage were adjudicated. Many of these cases involved homeowner as well as commercial property owner claims where there is an issue of coverage
  • Personal Injury
    • Construction site injuries
    • Motor vehicle tort
    • Premises liability
    • Product liability
  • Professional Malpractice
    • Medical malpractice claims involving a variety of health care professionals
    • Claims against lawyers, accountants, and architects
    • Recipient, Daniel F. Toomey Excellence in the Judiciary Award 2015
    • Vice Chair, Alternate Dispute Resolution Member, Massachusetts Bar Association
    • Member, ABA Forum on Construction Law
    • Member, ABA Section on Dispute Resolution Mediation Committee
    • Member, ABA Section of Litigation Committee
    • Fulbright Specialist, United States Department of State, Ulaanbaatar, Mongolia, 2012
  • Recent Presentations
    • ABA Forum on Construction Law, The Business of Becoming a Neutral 2015
    • Presenter, Massachusetts Bar Association, Reading Between the Lines: The ABC’s of Arbitration for New Lawyers 2015
    • Presenter: Misclassification of Employees: The Massachusetts Independent Contractor Statute, Massachusetts Bar Association 36th Annual Labor & Employment Conference
    • Presenter, “Discovery Disputes,” Boston Bar Association, 2014
    • Presenter, “Avoiding Litigation Through Arbitration and Mediation Clauses in Real Estate Agreements,” Real Estate Bar Association of Massachusetts Spring Conference, 2014
    • Presenter, “Getting on the Ground Level, New Opportunities for Neutrals in the Economical Litigation Agreement,” ABA Section on Dispute Resolution Spring Conference, Poster presentation, 2013
  • Publications
  • Professional Training
    • ABA 8th Annual Arbitration Training Institute, American Bar Association, 2014
    • Guided Choice: Innovations in Mediation to Get Better Settlements at Less Cost, American Arbitration Association, 2014
    • Managing the Cost of Exchanging Electronically Stored Information (ESI) in Construction Arbitration, American Arbitration Association, 2014
    • Counseling The Client During the Course of the Ongoing Construction Project, ABA Forum on the Construction Industry, 2014
    • Fundamentals and Best Practices for Arbitrators, American Arbitration Association, 2013
    • Construction Law Seminar, Defense Research Institute, 2012
    • Making Dollars and Sense of Construction Damages, ABA Forum on the Construction Industry, 2012
    • Mediating in the Red Zone, Straus Institute for Dispute Resolution, Pepperdine University, 2012
    • Mediating the Litigated Case, Straus Institute for Dispute Resolution, Pepperdine University, 2011
  • Holtz ADR, Mediator/Arbitrator, 2012-2014
  • Justice, Massachusetts Superior Court, 1996-2012
  • Secretary and General Counsel, Executive Office of Consumer Affairs and Business Regulation, 1994-1996
  • Commissioner, Alcoholic Beverages Control Commission, 1992-1994
  • Partner, Merrick and Louison (n/k/a Louison, Costello, Condon & Pfaff, LLP), 1987-1992
  • Assistant Corporation Counsel, City of Boston Law Department, 1984-1987
  • J.D., cum laude, Suffolk University Law School, 1984
  • B.A., summa cum laude, Phi Beta Kappa, Boston University, 1981

Counsel Comments

    My approach to mediation is one of guiding the parties through their negotiation as an informed facilitator, encouraging compromise, helping to craft the messages between parties, asking the tough questions, and adding my evaluation of the strengths and weaknesses of the positions when needed.

    My approach to arbitration is to keep the arbitration on track both before and during the hearing with a firm but fair hand, keeping an open mind and making a timely decision based on the facts and the governing law.

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Specialties

  • Arbitration
  • Business/Commercial
  • Civil Rights
  • Construction
  • Construction Defect
  • Employment
  • Engineering and Construction
  • Entertainment and Sports
  • Insurance
  • Intellectual Property
  • Personal Injury/Torts
  • Professional Liability
  • Special Master/ Discovery Referee
  • Surety
Available nationwide

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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