Michael J. Weaver, Esq.

T: 619-236-1848
F: 619-236-9032
Available nationwide
Business/Commercial
Michael Weaver is highly regarded among counsel for his expertise in resolving high-stakes business and commercial disputes. His fairness and familiarity with the law make him a sought-after arbitrator. As a mediator, he is able to guide parties to settlement in even the most contentious matters.

Mr. Weaver is renowned particularly for his experience with partnership disputes and dissolutions. Sensitive to the nuances in such matters, including intra-organization political considerations and personal emotions among partners and company leadership, he is able to quickly drill down on key issues. Mr. Weaver is able to work with all sides to craft creative and efficient resolutions that allow organizations and individuals to move forward with their businesses and livelihoods.

Representative Matters

  • Partnership Disputes and Dissolutions
    • Arbitrated matter resulting from disputes over division of compensation and assets after one of two partners elected to withdraw from dental group
    • Arbitration, with hearing involving three weeks of witness and evidentiary presentation, over construction cost overruns by managing partner of real estate owner/operator partnership
    • Dispute between two partners who mutually developed tract homes on large land parcel, with issues involving mismanagement, diversion of partnership assets, and breach of loyalty
    • Experience with matters involving partnership disputes between domestic and international fishing companies over vessels and canneries
    • Handled matter between two partners in which it was claimed that one partner purposefully delayed development of infrastructure to be used on thousands of acres of land. Dispute involved complex damages questions including issues of causation and offsets for benefits otherwise obtained from delays during recessionary period
    • Insurance dispute involving excess carrier appropriating primary insurance agency
    • Partnership dispute arbitration involving family-owned agricultural enterprise
    • Significant experience handling matters involving medical doctor’s withdrawals from medical groups
    • Sole arbitrator on partnership dispute requiring interpretation of partnership agreement to determine whether one partner’s actions constituted breach of contract. Matter involved construction issues over expansion of partnership’s office and storage facilities
    • Three-panel arbitration over purchase and sale agreement for wholesale florist supply business in connection with partnership’s dissolution
    • Worked with multiple law firms on intra-partnership disputes including issues involving underperforming partners, alleged discrimination and harassment, retaliatory conduct, and division of profits
  • Other Business/Commercial
    • Arbitrator on two-month hearing over antitrust, fraud and breach of contract claims arising out of sale of large chemical manufacturing business. Arbitration involved international rules and featured added complications from parallel government antitrust investigation.
    • Numerous antitrust disputes, with matters involving large public utility entities, major law firm, professional sports association, and large brewing company
    • RICO matters involving insurance fraud and banking issues
    • Handled disputes involving products liability claims against major automotive companies
    • DMV administrative matters, warranty and product liability claims, and other commercial issues regarding automotive and recreational vehicle dealerships
    • Warranty disputes involving retailers and automobile dealers and manufacturers
    • Franchise matters involving major corporations, including fast food chain and international hotel companies
    • Unfair competition cases involving real estate firms, nutritional supplement manufacturers, insurance carriers, and software developers
    • Arbitration involving claims for wrongful termination, interference, and breach of contract after Native American tribe terminated manager/developer of casino services. Dispute involved tribal sovereignty and jurisdictional issues.

Honors, Memberships, and Professional Activities

  • Top Ten Lawyers in San Diego, Best Lawyers in America, 1992-2012
    • One of three lawyers recognized as handling “bet the company litigation,” 2007-2012
  • Fellow, American College of Commercial Arbitrators
  • Director, National Conflict Resolution Center
  • Fellow, American College of Trial Lawyers
  • Member, American Board of Trial Advocates
  • Member, Advisory Committee, Ninth U.S. Circuit Court of Appeals
  • Executive Committee and Master of the Bench of the Inn, American Inns of Court, Louis M. Welsh Chapter
  • Adjunct professor, University of San Diego School of Law
  • Founding member of Board of Directors and original director, Association of Business Trial Lawyers, San Diego Chapter
  • Board of Directors, San Diego Volunteer Lawyers Association
  • Director, San Diego Aerospace Museum, 1982-1996
  • President and Director, San Diego Kidney Foundation, 1979-1983

ADR Profile

Background and Education

  • Partner, Latham & Watkins, 1999-2012
  • Partner, Sheppard, Mullin, Richter & Hampton, 1986-1999
  • Associate/Partner, Luce, Forward, Hamilton & Scripps, 1975-1986
  • Law clerk, Hon. Gordon Thompson, Jr., U.S. District Court for the Southern District of California, 1973-1975
  • J.D., magna cum laude, University of San Diego School of Law
  • A.B., California State University, Long Beach

Disclaimer

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