Jed D. Melnick, Esq. serves as a Mediator and Special Master in complex business litigation pending throughout the United States and internationally. Jed is highly respected for his ability to successfully resolve disputes with patience, persistence, and creativity. Since becoming a full-time mediator in 2005, Jed has resolved over one thousand disputes, with an aggregate value in the billions of dollars. Specifically, Jed has extraordinary skill in resolving multi-party complex disputes, especially when they involve highly sensitive issues and difficult parties. Among numerous recognitions, Jed was ranked by Chambers on the National Mediators list in 2023. Jed has also twice been awarded the distinction of ADR Champion by The National Law Journal, as well as being invited to speak about “Mediation Strategies for Judges” as the closing presenter at the annual Delaware Judiciary retreat.
Jed often utilizes a team approach to mediation, which allows him to maintain a practice with the highest level of responsiveness, performance, and results. As part of Jed’s team approach, and when appropriate, Jed relies on respected neutral experts to complement him and assist the involved parties by providing efficient and effective feedback on intricate accounting, insurance, economic, appraisal and environmental issues.
Jed’s detailed list of representative matters is included below, but several of his more high-profile matters include: much of the litigation related to the Adelphia and Lehman bankruptcies, British Petroleum Securities Litigation, and Auto Parts Antitrust Litigation. Jed successfully mediated creditor claims against Dewey & LeBoeuf LLP’s former chairman in the firm’s Chapter 11 filing. Jed was also appointed by Judge Lewis Kaplan of the United States District Court for the Southern District of New York to serve as a mediator for the Lehman ADR Derivative Contract Program. Additionally, Jed was responsible for the successful mediation of a pro bono case between the Disability Rights Advocates and the New York City Taxi and Limousine Commission, which led to a historic settlement raising the number of handicap accessible taxi cabs from less than 5% of the fleet to 50% of the fleet by 2020. This settlement led the Judge overseeing the case to issue a statement proclaiming: “[T]his is one of the most significant acts of inclusion in this city since Jackie Robinson joined the Brooklyn Dodgers.”
- Antitrust Matters
- In re Polyurethane Foam Antitrust Litigation
- In re Processed Egg Products Antitrust Litigation
- Auto Parts Antitrust Litigation
- In re Lithium Ion Batteries Antitrust Litigation
- Bankruptcy / Trustee Matters (Chapter 7 and Chapter 11)
- Adelphia Recovery Trust v. Bank of America, NA
- Hunter Wise Commodities LLC re Commodity Futures Trading Commission enforcement actions
- In re LB Litigation Trust (Lyondell)
- In re Universal Health Care Group, Inc.
- In re Fresh & Easy, LLC
- Chinese Securities Litigation
- In re HQ Sustainable Maritime Indus., Inc. Securities and related Derivative Litigation
- In re China Mobile Games & Entertainment Group, Ltd. Securities Litigation
- China MediaExpress Holdings, Inc., by Karl P. Barth as Receiver vs. American Home Assurance Company
- Consumer Class Actions
- Sullivan v. Wenner Media LLC
- Kinder, Deborah, et al. vs. Meredith Corporation, et al.
- Friske v. Bonnier Corporation
- Krivy, Sophia vs. Jean Madeline Education Center of Cosmetology, et al.
- Mouzon v. Radiancy, Inc.
- Contract Disputes
- A dispute between a South American farming conglomerate and its investors involving complex issues related to international law and land use.
- A dispute between a major defense contractor and a uranium mining company over contracts related to the price of uranium.
- A dispute between one of the world’s largest car manufacturers and the plant producing batteries for cutting edge hybrid SUV vehicles – involving a three-day mediation in Alabama in tandem with the Federal Judge overseeing the matter.
- Coverage Litigation
- Hundreds of mediations involving Fortune 500 companies and Wall Street banks and those organizations’ respective carrier(s) related to D&O, E&O, Casualty and Fidelity policies. Examples of these mediations include: LB (Lyondell) Litigation Trust, Carlyle, Adelphia and MF Global.
- Disability policies (In re UnumProvident Corp)
- Auto policies (involving an Arizona Damron Agreement)
- Maritime policies
- Representations & Warranty policies
- Delaware Litigation
- In re Cornerstone Therapeutics Inc. Stockholder Litigation
- In re CNX Gas Corporation Shareholders Litigation
- Makover, M.D., Michael E. vs. Gopinathan, M.D., Govindan (co-mediated with Vice Chancellor Sam Glasscock III)
- In re TIBCO Software Inc. Stockholders Litigation
- Entertainment and Intellectual Property
- A dispute between a professor and his textbook publisher related to alleged royalties owed and other IP-related issues.
- A highly sensitive mediation related to the personal matters of a media mogul.
- A bankruptcy dispute involving the financing and regulatory interests of Digital Domain Media.
- Fraud claims between a group of private equity promoters and a film financing venture.
- A legal malpractice matter involving an underlying copyright claim between a major music label and its counsel.
- ERISA and Employment Litigation
- A confidential employment dispute between a nuclear scientist and a defense contractor.
- Fiduciary Counselors, Inc. v. Magnuson
- In re Comcast Corporation Litigation
- False Claims Act and Qui Tam
- United States of America, ex rel., et al. vs. Galena Biopharma, Inc., et. al.
- Gallup, Inc. vs. Greenwich Insurance Company (insurance coverage related thereto)
- Zurich American Insurance Co. vs. GSD&M Idea City LLC (insurance coverage related thereto)
- Government Matters
- FDIC, as receiver for Orion Bank of Naples, Florida vs. U.S. Specialty Insurance Co., et al.
- Federal Deposit Insurance Corporation as Receiver for United Western Bank vs. Berling, Charles J., et al.
- In re Department of Labor Investigation (MagnaCare Holdings, Inc.)
- In re First Farmers Financial
- Mergers and Acquisitions
- Kinder Morgan Acquisition: In re El Paso Corporation Shareholder Litigation
- The Dominion Transaction: In re CNX Gas Corporation Shareholders Litigation
- JAC Holding Enterprises, Inc., et al. vs. Atrium Capital Partners, LLC
- Pharmaceutical/Healthcare Related Matters
- Chelsea Therapeutics International, Ltd. Securities Litigation
- In re Spectrum Pharmaceuticals, Inc. Securities Litigation
- In re Cornerstone Therapeutics Inc. Stockholder Litigation
- In re Department of Labor Investigation (MagnaCare Holdings, Inc.)
- In re Amicus Therapeutics, Inc. Securities Litigation
- Securities Class Actions
- In re Wachovia Preferred Securities and Bond/Notes Litigation
- In re Lehman Brothers Equity/Debt Securities Litigation
- In re BP p.l.c. Securities Litigation
- Alan B. Marcus v. J.C. Penney Company, Inc., et al.
- In re NII Holdings, Inc. Securities Litigation
- In re Tower Group International Ltd. Shareholder Litigation
- Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds v. Brixmor Property Group, Inc. et al.
- In re The Bancorp, Inc. Securities Litigation
- Lake County and Vicinity vs. Navistar International Corporation, et al.
- In re Urban Outfitters, Inc. Securities Litigation
- Plumbers & Pipefitters National Pension Fund v. Orthofix International N.V., et al.
- Mitchell Arciaga, et al. vs. Barrett Business Services, Inc., et al.
- Special Situations Fund III QP, L.P., et al. vs. Marrone Bio Innovations, Inc., et al.
- Sexual Assault and Abuse Cases (class and mass actions related thereto)
- The Weinstein Co. Holdings LLC et al.
- Doe 30 Mother 30 v. Bradley - a $123 million settlement in a class-action lawsuit filed on behalf of young children who were sexually abused by former Delaware pediatrician Earl Bradley.
- Mass action of elder abuse claims by residents and residents’ families brought against the parent company of an assisted living facility.
- The mediation and resolution of multiple issues related to Church abuse cases.
- Special / Settlement Master
- Claims Examiner appointed in the The Weinstein Company Bankruptcy Plan to administer the Sexual Misconduct Claims Fund
- Special Master in the James Square facility (assisted living facility) class action settlement
- Deputy Settlement Master in In re Auto Parts Antitrust Litigation
- Tax Matters
- Swiss Reinsurance Company Ltd. et al. v. General Electric Co. et al. – involving issues related to international tax structures.
- ClassicStar - a complex multiparty dispute involving alleged “mare lease” tax shelters and numerous defendants.
- Deloitte & Touche’s settlement with The Adelphia Recovery Trust for $167.5 million - among the largest settlements ever reached between a public accounting firm and its audit client.
- A confidential fee mediation that involved complex coverage and tax issues for fees incurred by the partners of a large accounting firm as a result of a wide ranging government investigation into the handling of certain tax shelters.
- A confidential mediation between one of the largest auditors and a university. This settlement allowed the university to continue its operations (current as of 2017).
- Jed mediates cases involving FCA, qui tam, whistleblower, and related claims at issue, including complex insurance coverage matters related thereto. These disputes involve: national advertising companies, military contracts, the national polling agency, and contracts involving government agencies including FEMA and the U.S. Mint and the State Department
- Jed has experience mediating both insurance coverage disputes involving maritime insurance policies and the underlying maritime dispute.
Honors, Memberships, and Professional Activities
- Included on the "National Mediators" List, Chambers USA, 2023
- ADR Champion (2016) - One in 48 professionals selected by The National Law Journal to their inaugural list of Champions, “in honor of their passion, perseverance, and success in alternative dispute resolution.”
- Trauma Informed Certified by the National Center for Equity & Agency
- Jed D. Melnick Annual Symposium of the Cardozo Journal of Conflict Resolution – The Cardozo Journal of Conflict Resolution named its annual symposium the “Jed D. Melnick Annual Symposium of the Cardozo Journal of Conflict Resolution”
- Pennsylvania Super Lawyers “Rising Star” (2010-2012) – Honored by Law & Politics Magazine and Philadelphia Magazine, Jed was the only recipient in the Alternative Dispute Resolution category in the state
- Lawyer on the Fast Track (2010) – Recognized among 30 Pennsylvania lawyers under the age of 40 by The Legal Intelligencer and Pennsylvania Law Weekly
- Philadelphia Common Pleas Appellate Mediation Program – Former Special Master/Judge Pro-Tem
- Extensive bench and jury trial experience in the Major Trials Unit at the Defenders Association of Philadelphia and civil litigation experience in both state and federal court.
PresentationsJed is frequently invited to speak on panels and give presentations related to the mediation of complex commercial litigation. A selection of his speaking engagements are as follows:
- Closing Panelist, “Mediation Strategies for Judges” presented at the 2017 Delaware Judicial Retreat, November 2017 (Delaware)
- Keynote Speaker, CLE Ethics Presentation at Kaufman, Borgeest & Ryan LLP, June 2017 (New York)
- Presenter, PLUS Webinar: The Nuts and Bolts of Mediating Complex D&O Claims, May 23, 2017
- Presenter, CLE Presentation on Mediation (presented to a major insurance company), January 2017 (New York)
- Panelist, “Let Us Mediate to Resolve Our Dispute,” May 2017 (St. Lucia)
- Panelist [co-presenter with Judge Layn Phillips (Ret.)], “Latham & Watkins: Mediation Advocacy Training Program,” April 2017 (Los Angeles)
- Panelist, “Rubenstein-Walsh CLE Seminar,” February 2017 (Delaware)
- Panelist at the PLAN Regional Meeting, “D&O Marketplace ‘Mediation Strategies,” June 2016 (New York)
- Panelist, “Current Issues in D&O Liability & Insurance 2016,” May 2016 (New York)
- Speaker, PLI’s Bridge-the-Gap II for Newly Admitted New York Attorneys 2015, “Negotiation-Best Practices,” August 2015 (New York)
- Panelist, 2015 ACCEC Panel, “Successfully Resolving Cases: Mediation and London Arbitration Tips from the Experts,” May 2015 (Chicago)
- Panelist, 2015 CLM Bermuda Chapter Educational Event, March 2015 (Bermuda)
- Panelist, 2015 PLUS D&O Symposium, “The Post-Halliburton World: Securities Class Action Update,” February 2015 (New York)
- Panelist, Webinar hosted by Advisen – Insurance Intelligence, “Advisen Webinar: Quarterly D&O Claims Trends: Q3 2014,” October 2014 (New York)
- Speaker, American Conference Institute, D&O Liability, Mediation and Settlement Negotiation of D&O Claims, “Attaining a Favorable Result for Your Client or Company,” October 2013 (New York)
- Speaker, Wiley Rein Professional Liability Insurance Seminar, “Mediator’s Perspective on The Role of Insurance in Mediation,” October 2013 (New York)
- Speaker, “Mediating Complex Disputes with Increasingly Sophisticated Parties,” September 2012 (Philadelphia)
- Speaker, “Mediating Complex Disputes with Increasingly Sophisticated Parties,” CLM Annual National Conference, March 2012 (San Diego)
- Speaker, “The Role of Mediation and Insurance in Bet the Company Litigation,” February 2012 (Benjamin N. Cardozo School of Law, New York)
- Speaker, “Developments in Securities Class Actions and Derivative Litigation,” January 2012 (Bermuda)
- Author, "Video Conferencing and Mediating Complex Disputes in the New Normal: Settlements Don’t Need to Wait," New York Law Journal, March 2020
- Author, “Go Work Your Magic,” American Bar Association, Fall 2017
- Author, “Lost Opportunities in Mediation," Westlaw Journal Securities Litigation & Regulation, Vol 19, Issue 4, June 2013
- Author, Editor and Moderator, “The Role of Mediation and Insurance in Bet the Company Litigation,” Cardozo J. Conflict Resol., Vol 14.2, 2013
- Contributed to “A Time to Cut Costs,” by Gregory A. Markel, Chairman of the Cadwalader Wickersham & Taft Litigation Department, article found on Lawdragon.com, January 2012
- Co-Author with John Wilkinson, Vivien Shelanski, and Robin Gise, “Mediation Starts from the First Phone Call: Practice Points and Helpful Hints for Lawyers Going to Mediation,” Cardozo J. Conflict Resol., Vol 11, Number 2, 2010
- Author, Substantive Introduction to “The Mediation of Securities Class Action Suits, A Panel Discussion Hosted by the Benjamin N. Cardozo School of Law,” Cardozo J. Conflict Resol., Vol. 9, Number 2, Spring 2008
- Co-Author with Judge Weinstein and Michael Young, “The Role of Damages Issues – Post-Dura – in the Mediation of Securities Class Actions,” Mealey’s Emerging Securities Litigation, Vol. 6, #3, September 2007
Background and Education
- J.D., Benjamin N. Cardozo School of Law, 1999
- B.A., Grinnell College, 1994
- While in law school, Jed founded the Cardozo Journal of Conflict Resolution and was part of the team from the Center for Court Innovation that founded and built the Crown Heights Community Mediation Center in Brooklyn. In part, the initiative aimed to address conflicts between the Orthodox Jewish community and the Caribbean and African-American communities after the Crown Heights riots.
- "At the outset, I just wanted to thank you for the absolutely superb job and the herculean effort that you brought to this mediation. In 36 years of practice, this was the most difficult mediation I ever encountered and I thought you handled it to perfection. Thank you so very much again."
- "Words cannot express my deep admiration and thanks for your extraordinary skills, patience, perseverance and general abilities to bring parties together...it has been my extraordinary privilege to work with you and follow your lead..."
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