Areas of Practice

SAMPLE CASES

Business & Finance

  • Individual claims against brokers and insurers alleging misrepresentation, churning and self-dealing.

  • Embezzlement claims by parent company against subsidiary.

  • U.S. Securities & Exchange Commission enforcement actions.

  • Minority shareholder suits re: breach of fiduciary duties in management and investments.

  • Franchisor/franchisee disputes alleging violation of franchise agreements.

  • Franchisor buyouts of franchisee businesses.

  • Automobile manufacturer – dealer disputes alleging violations of dealership agreements.

Intellectual Property & Entertainment

  • Copyright, trademark and trade secret disputes in a wide range of industries, including radio, music and television, advertising, science and technology, internet, finance, real estate, food and household goods, fashion and professional sports.

  • Copyright, contract, royalty and breach of partnership disputes involving high-profile recording artists.

  • Rights of publicity disputes involving unlicensed use of professional models’ images.

  • Merchandise licensing dispute involving a popular doll.

  • Copyright dispute over recordings of radio programs and lectures by nationally prominent figure.

  • Sexual tort allegations involving high-profile sports star.

  • Rights of privacy dispute over unauthorized use of individuals’ photographs as thumbnails on pornography website.

  • Negligence claims against website where individuals featured became targets of threatened and actual violence.

Insurance Coverage, Bad Faith & Reimbursement

  • Coverage disputes involving commercial general liability, advertising injury, life, disability and healthcare policies.

  • Healthcare reimbursement disputes between hospitals and other providers, patients and insurers.

Personal Injury & Wrongful Death

  • Creation of $200 million interpleader fund, the maximum allowed under federal law, to resolve injury and wrongful death claims arising out of one of the largest train derailments in California history.

  • Settlement of multiple personal injury and wrongful death claims involving another major rail derailment totaling over $20 million.

  • Individual railroad employee injury and death claims against railroads under the Federal Employers’ Labor Act (FELA).

  • Indemnification disputes among co-defendants in personal injury cases.

Public Entity & Public Policy

  • Major train derailment cases involving a major metropolitan transit authority and multiple victims and families of victims.

  • Whistleblower claims and pre-emption disputes under the Federal Railroad Safety Act (FRSA).

  • Contractual and equitable indemnity claims among public and private entity co-defendants.

  • Health and safety compliance and zoning dispute between municipality, court-appointed receiver and property owner.

  • U.S Department of Justice suit against municipality alleging civil rights violations.

  • U.S. Securities and Exchange Commission and private claims against investment advisers.

  • Contract dispute between one of the largest public school districts in the U.S. and its computer services provider.

  • Facilitated public policy dialogues for the Federal Trade Commission (FTC) involving business, consumer and environmental groups over consumer product labeling.

  • Mediated multi-state agreement regarding U.S. Department of Energy (DOE) formula for funding energy assistance programs.

  • Negotiated rulemaking involving the modification of hazardous waste rules for the U.S. Environmental Protection Agency.

  • Facilitated dialogue among leaders of museums regarding ethical guidelines for retaining and selling art and artifacts donated to museums.

Computers, Science & Technology 

  • Warranty and contract disputes alleging defects in customized hardware and software for commercial and public sector clients.

  • Licensing disputes over the use of software outside the scope of a license.

  • Facilitated expert discussions regarding economic, environmental, and health and safety issues as part of federal regulatory negotiations.

  • Public utility dispute over business customer charges and appropriate models of gasoline transport through pipelines.

  • Public utility dispute over contract involving specific hardware technology.

  • Contract dispute between one of the largest public school districts in the U.S. and its computer services provider.

  • See also other projects listed under Public Entity & Public Policy disputes.

 
 
 
 
 
 

Virtual Mediations

Frequently Asked Questions

 

Is virtual mediation effective?

 

Absolutely.  In fact, we have discovered there are advantages to virtual mediation that help make these mediations successful. 

First, people can show up in comfortable clothing and in private settings of their own choosing. 

Second, they can more easily take long or short breaks, get some sunshine, grab a meal or snack that they like,

or even just pet the dog. 

All of these things can help reduce a participant’s stress and make them more open to constructive dialogue and

settlement proposals.  In addition, counsel can be close to all the case files if desired

without having to lug reams of documents to an in-person mediation.

 

What of the parties can't agree on which platform to use?

 

Although most of the mediations we conduct are through Zoom,

we also have worked with other platforms including Ring Central and Microsoft Teams.

 

Sometimes we combine technologies in a single mediation, such as using Zoom for one party and

Ring Central (or something else) for other parties.  Although online platforms can accommodate private caucuses,

they may also take place via conference or direct phone calls during a mediation session.

 Text messaging also can be useful during mediations, either to alert parties or the mediator

that something needs special and immediate attention.

 

And in the end, mediations can take place entirely offline, through the familiar technology of conference calls.

 

 

How can I best prepare for a virtual mediation?

 

Much as you do for an in-person mediation.

 

However, we recommend some additional preparation to make your virtual mediation successful: 

  • Check to be sure your client is comfortable with the online platform well in advance of the mediation.  (We offer free mediation coaching on Zoom if requested.)

  • Ask for the mediation confidentiality agreement to be sent to all participants in advance, so that the mediator can obtain signed copies of the agreement before the mediation session begins.

  • Have a plan for obtaining everyone’s signatures that same day if an agreement is reached and drafted before the close of the mediation.  These can include e-signatures, scanned or faxed signatures and even photographed signatures, depending on what the relevant jurisdiction requires.

  • Ensure that each participant will have a quiet room where others will not able to see or overhear the mediation session.

  • If possible, have a second computer available for each participant as back-up just in case technical issues emerge with the main computer.

  • Talk with your client about how they wish to appear in the mediation, including dress and backdrop for the Zoom session.

Disclaimer

 

© MadiganADR 2020.  All rights reserved.