Clarence "Rocky" L. Pozza, Jr. brings over 40 years of experience to his JAMS practice, including ten years as a Managing Director of Miller Canfield and another eight as head of the firm's Litigation Group.
A Fellow of the American College of Trial Lawyers, Clarence has handled complex business, commercial, corporate, finance, insurance, securities and product representation and liability trials, appeals, arbitrations, mediations and regulatory proceedings across the United States.
He has extensive experience in corporate investigation as well as case evaluation (pre-suit and post-filing).
ADR Experience and Qualifications
Mr. Pozza has extensive litigation and settlement experience in the following areas:
- Class Action
- Corporate, Corporate Governance, Mergers and Acquisitions, Partnership, Shareholder Rights, Unfair Competition
- Personal Injury/Torts
- Professional Liability (Accountant/Legal)
- Product Representation and Liability
- Securities and ERISA
- Represented big four accounting firm in an auditing malpractice jury case that resulted in a defense jury verdict after a three week trial.
- Represented selling shareholder in a federal automotive merger/acquisition case involving complicated securities, accounting and representation and warranty insurance issues. Case resolved after extensive mediation.
- Appointed by a United States District Judge to mediate a multi-year health care dispute involving multiple parties where two prior mediations had resulted in impasse. Case successfully mediated with days of face-to-face negotiation, as well as numerous separate in-person meetings over a six week period.
- Corporate/Corporate Governance/Shareholder Rights
- Represented the acquiring shareholder in a minority shareholder oppression litigation involving acquisition of shares of minority shareholders in a billion dollar transaction. The case ultimately resolved through legislative approval of a special master to conduct a shareholder appraisal action which took over a year.
- Represented shareholders in federal litigation involving minority oppression and shareholder agreement disputes.
- Represented co-owner of a large wastepaper pulp facility in litigation (federal, state and arbitration) which was successfully mediated over a three day mediation. The case involved governance disputes between the owners, operators and municipal bond holders as well as complicated construction and operational disputes.
- Class Action
- Represented an international consumer electronics manufacturer in defense of a federal class action involving televisions and claims of misrepresentation of certain performance criteria.
- Represented a large domestic insurance company in defense of misrepresentation mass action claims by purchasers of variable insurance policies.
- Represented underwriter of shares in an initial public offering of a Fortune 500 company in a federal court class action litigation. Case resolved after extensive negotiation.
- Represented broker-dealer selling largest amounts of tax shelter limited partnerships in multi-district federal litigation. Case resolved after extensive negotiation.
- Securities and Insurance
- Represented numerous national financial services firms, including banks, broker-dealers, investment banks and insurance companies in hundreds of securities cases for violation of federal and state securities laws. The cases were pending in federal and state courts, arbitration forums, as well as regulatory forums. Many of the cases proceeded to trial, arbitration or regulatory hearing with a decision. Many of the cases were resolved through mediation.
- Represented selling shareholder in a federal securities and accounting fraud case involving the sale of an automotive supplier. The case involved complicated securities, accounting, and director/officer and representation and warranty insurance issues. Case resolved after extensive mediation.
- Represented customer of a regional broker-dealer in a federal action involving significant losses in options. Case tried for three weeks and settled prior to being submitted to the jury.
- Represented an international financial services firm and its U.S. subsidiary in claims brought by a broker-dealer for alleged violation of industry reporting standards for registered persons in termination situation. Case arbitrated for two weeks and the claims for over $20 million were dismissed.
- Represented U.S. subsidiary of a international financial services firm in defense of over 250 cases in arbitration alleging liability for the actions of an agent in conducting a Ponzi scheme. A lead case was successfully tried to decision. The remaining cases were resolved through the use of three separate mediators over a two year period. Representation also included regulatory work and resolution.
- Represented the co-owner of a large wastepaper pulp facility in complicated construction and design litigation pending in federal, state and arbitration forums. Case was successfully mediated in a three day mediation.
- Represented the owner of a nuclear power plant in the initial damage work in a design and construction claims against a Fortune 500 supplier of the nuclear steam supply system. The case was settled after a 13 month trial and the start of retrial.
- Represented a co-owner of a nuclear power plant in design and construction claims against a Fortune 500 entity and a subsidiary and in particular work to move responsibility from the subsidiary to the parent.
- Real Estate
- Represented international insurance company and subsidiary as owner of a large mall in multi-year litigation with a tenant over alleged breach of lease issues. Case decided successfully after a three week trial.
- Represented a major broker-dealer investment bank in an ERISA action brought by a Taft-Hartley union pension plan for alleged ERISA violations as well as breach of fiduciary duty. Case was resolved creatively through the use of a United States District Judge as mediator.