Representative Mediations

Employment Class Action Suit against major financial institution by a class of 68 employees and former employees. Damages of $3.4-millon sought. U.S. District Court, Oregon. Resolved in one day.

Breach of Contract-Web Portal Development Alleged failure of corporation with overseas operations timely to develop a business-to-business web portal. (Pending in U.S. District Court, Nevada. Mediation took place in Orange County, California). Significant technical issues, substantial expert testimony. Resolved in one day.

Intellectual Property Dispute Dispute concerning on-line development partnership. Demand for $21-million. (Pending in U.S. District Court, Southern District of New York.) Resolved in two days.

Trade Secrets Alleged misappropriation of trade secrets, copyright infringement, and unfair competition by a subsidiary of a non-U.S. corporation manufacturing computer-related parts for a U.S. corporation. (Pending in U.S. District Court, San Jose, California.) Resolved in one day.

Breach of Contract–Computer Systems Development Suit by a major insurer against a computer systems company (subsidiary of a European corporation) for allegedly failing to provide a complex system for its operations (Sacramento, California). Claim for $3.3-million. Issues of technology and contract law. Resolved in one day.

Executive Compensation Senior manager in a dispute with more senior executive, involving issues of performance and compensation. Petaluma, California. Resolved in one-half day.

Sexual Harassment Suit against a travel agency. Punitive damages alleged. Pending in San Francisco Superior Court. Resolved in one day.

Wrongful Termination Action by former CEO against a corporation in Alameda County, California. Demand for $1.4-million. Resolved in one day.

Attorneys’ Fees Suit against a physician for payment of attorneys’ fees. Damages of $180,000 alleged. Pending as an arbitration before the State Bar of California and in the U.S. Bankruptcy Court for the Northern District of California. Resolved in one day.

Medical Malpractice and Disability Discrimination Claim against a department of the U.S. Government involving alleged negligence of medical facility and alleged failure properly to accommodate a disability. San Francisco, California. Resolved in one day.

Wrongful Termination Suit by an 11-year employee against a Fortune 500 industrial company (U.S. District Court, Sacramento, California). Demand for $500,000. Resolved in one day.

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Facilitation of a $1-billion merger between a FTSE-100 company and another company in the same field. (Entities headquartered in Malta and in Israel.)

Dispute between an Argentine insurance entity and a British insurance entity involving a prayer of $1-million. (In London.)

A half-million GBP matter involving alleged fraud in agricultural supplies. (In London.)

Alleged “theft” of a $13-million business activity in Singapore.

Ongoing difficulties in working together among partners in an otherwise successful firm. (In Brussels, Belgium.)

Dispute concerning ownership of probate property in California, with Danish and German law elements. (In Frankfurt, Germany.)

Dispute between protesters and a multinational company – protesters objected to manufacturing activities of the company worldwide. (In London.)

Intellectual property dispute involving an electrical engineering system. (In Taunton, England.)

Issue of valuation of shares with an alleged worth of 1-million Pounds Sterling. (In Nottingham, England.)

Significant dockside accident personal-injury claim. (In Nottingham, England.)

Dispute about proceeds of sale of a pub owned by mother and daughter. (In Oxford, England.)

Environmental management dispute. (In Liverpool, England.)

Dispute about ownership and management of a family business in Kent, England. Involved an elderly father and his sons.

Dispute between a Swiss company and a British company concerning intellectual property rights. (In London).

An alleged debt between former husband and wife. (In Exeter, Devon, England.)

The estate of a research scientist against his former employer concerning pension rights in the UK.

A malpractice action against a firm of solicitors. (In Buckinghamshire, England).

Dispute between former partners in a dissolved partnership about assets of the partnership. (In London).

Dispute between two multinational manufacturing and service entities about the quality of services provided. (In Slough, England.)

A dispute about charges for housing materials. (In Basildon, England.)

A claim involving health and safety procedures against a utility company. (In Ipswich, England.)

Dispute between two former partners about rights to and value of intellectual property.

Allegations of breach of an exclusive supply contract for industrial equipment.

Copyright dispute relating to the design of a musical instrument.

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Mr. Smith has conducted hundreds of mediations over many years in a wide range of matters such as:

• sexual harassment matters, including claims against a nationwide restaurant chain
• disputes concerning ownership of visual images
• the export of high-technology machinery to the People’s Republic of China
• alleged racial discrimination and wrongful termination by a Fortune 500 employer
• 14-party inter-insurance dispute relating to premium finance
• many employment disputes, including disability, race, gender, failure to accommodate, harassment, leave denials, failure to promote, wrongful termination, workplace environment, performance evaluations, commission disputes, and workplace violence
• 12-party inter-insurance dispute
• a dispute between churches
• ownership of computer codes
• alleged libel by a financial institution
• disputed ownership of Internet domain names
• lender-liability dispute between a bank and a corporate borrower
• mediation among co-counsel as to their strategies in a lawsuit
• 10-party real estate lease dispute
• alleged breach of a high-tech executive’s corporate compensation agreement
• hospital vs. health-care administrator dispute
• construction dispute involving power plant
• dispute between telecommunications companies
• dispute between utility and customer company
• the alleged breach of a real estate partnership agreement
• real-estate purchase disputes
• securities–alleged churning
• many commercial breach of contract claims
• several attorney malpractice disputes
• neighborhood disputes, including zoning and environmental
• franchise disputes
• California Business & Professions Code Section 172000 matters
• probate–dispute among heirs
• admiralty-seaman’s injury
• construction–responsibility among several subcontractors
• environmental–alleged carcinogens
• credit industry–alleged unfair business practices
• various environmental disputes in California
• alleged psychiatric disabilities under ADA, including manic-depression and post-traumatic stress syndrome
• real-estate commission disputes
• insurance claim dispute
• various personal injury matters
• the sale of businesses
• home purchases
• several commercial and residential contracting disputes
• automobile industry commission disputes
• alleged Building Code violations–county vs. property owner
• real property disputes as to title
• alleged breach of warranty in the automobile context
• alleged elder abuse

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