Peter H. Woodin, Esq. is a highly skilled dispute resolution professional with extensive experience in the negotiation, mediation, arbitration, and settlement of complex, high stakes, multi-party litigation. He has practiced full time as a mediator and arbitrator since 1993, and has served as court-appointed special master, with responsibilities for settlement efforts and/or discovery oversight, in a variety of federal litigations.
He has served as a neutral in many commercial disputes and business-related matters, in actions alleging breach of contract, misrepresentation and fraud, and involving such areas as construction and commercial leasing; licensing, distribution and marketing; environmental clean-up and Superfund; intellectual property, including copyrights, and patents; mergers and acquisitions; partnerships and joint ventures; professional malpractice; and many others.
- Accounting: Mediated settlement of complex accounting malpractice dispute, arising out of the interplay between reported valuations for customs duties purposes and reported cost bases for capital gains tax purposes, and whether accountants should have advised client re the long term tax consequences of the elected treatment
- Breach of contract: Mediated settlement of dispute involving the alleged breach of an international distribution agreement in which defendant European manufacturing company was sued in New York by its American distributor for violating exclusivity provisions in the distribution agreement, and the European manufacturer had sued its American distributor in Europe for nonpayment for goods delivered.
- Commercial leasing: Mediated settlement of disputed terms governing the pass-through of real estate tax abatements in long term commercial lease of multi-floor office space in midtown New York City Class A office building
- Construction: Pre-arbitration mediation of construction dispute between general contractor and first and second tier subcontractors involving time and cost overruns in connection with the fabrication and erection of structural steel at large Northeast construction project
- Consumer class action: Mediated settlement in nationwide consumer class-action alleging design defects in laptop computers marketed by major computer manufacturer
- Employment and interference with contract: Mediated settlement of tortious interference with contract claims asserted by company against its competitor arising out of hiring by competitor of senior company executive and allegedly inducing employee to breach non-compete agreement with company
- Environmental cost recovery: successful mediation of claims asserted by New York City against a private maritime transport company; the city sought to recover its costs of investigation and remediation in connection with city-owned facilities leased and operated by the transport company
- Marketing and distribution: Mediated settlement of dispute between American apparel manufacturer and European retail sales company concerning exclusive marketing and distribution rights of the American manufacturer’s goods in Europe
- Mergers and acquisitions:
- In an extended three-month mediation, successfully resolved a dispute between a major financial services company and the owners of an acquired company who were seeking post-sale adjustments to the acquisition price due to the post-sale stock price declines of the acquiring company
- Mediated settlement of claims and counterclaims of breach of contract, fraud, and misrepresentation, asserted in competing litigations in two different states, arising out of takeover of closely held company and ouster of founders and senior management by equity investors who had acquired non-controlling interest in the company
- Mediated settlement of dispute involving post-closing valuation adjustments to the acquisition price of a privately held manufacturing company by a multinational technology and services company
- Partnership/Joint venture: Mediated settlement of claims arising from failed joint venture involving the ordering and delivery of restaurant meals and groceries via internet and cell phone
- Partnership/Joint venture: Mediated settlement of dispute among hedge fund partners in a joint venture engaged in high-frequency statistical stock trading and related activities
- Partnership/Joint venture: Mediated settlement of disputes between partners and investors in various international joint ventures in Southeast Asia and elsewhere; at the time of settlement the parties had initiated litigations and arbitrations in two states and a foreign country
- Real estate sales: successful mediation of claims against real estate broker by unsuccessful buyer, alleging professional liability for lack of diligence in closing the transaction and conflict of interest; simultaneously settled insurance coverage dispute over the extent to which the broker’s insurer was obligated to pay under the broker’s professional liability policy
- Securities: Mediated settlement of shareholder class action claims against bankrupt company’s management and accounting firm arising out of alleged fraudulent misstatements concerning company financial status and future prospects; simultaneously mediated settlement of a companion case brought by private hedge fund investors against the company’s management and accounting firm
- Superfund: successful extended mediation of dispute in which property mortgage holder asserted CERCLA and RCRA claims in an effort to compel more than a dozen manufacturing companies to remediate contaminated property; the case had been in litigation in federal court for seven years, and involved many untested legal theories and defenses
- Tax: Mediated settlement of a dispute between insurance broker and corporate policyholder arising out of the disallowance of tax benefits for a complex program involving corporate owned life insurance policies
- Trade secrets and unfair competition: Mediated settlement of claims of misappropriation of trade secrets and unfair competition arising out of internet business competitor hiring plaintiff web company’s senior IT employee and developer of web-based business models