Representative Matters

Business/Commercial
• • Mediated contract disputes involving real estate, computer, and technology contracts, food distribution, construction, art production, and insurance. 
  • Arbitrated contract cases with national and international corporations in the areas of: health care, product distribution, franchise agreements, credit card practices, government contracts, software development, computer technology, transportation, securities accounts, and law firm partnership agreements
Allocation Cases
• • Sole neutral making eligibility determinations and responsible for overseeing the allocation of $2 billion as part of a settlement between the United States Government and a class of Native Americans (Cobell v. Jewell); 
  • Lead neutral of a team responsible for developing distribution criteria and allocating $100 million of a fund for annuitants injured when the Executive Life of New York company became insolvent
Antitrust & Competition
• • Mediated a dispute between a large, multi-national corporation and a domestic corporation
Employment
• • Mediated disputes arising from allegations of racial discrimination in credit applications and real estate transactions. Arbitrated gender discrimination claims brought against a large corporation in the securities industry and equal credit discrimination claims against a government agency
  • Mediated discrimination cases involving small and very large national corporations in the consulting, accounting, software, retail, and legal fields with allegations of: wrongful termination, retaliation, sexual harassment, hostile work environment, and discrimination based on age, gender, and national origin; 
  • Arbitrated employment cases alleging wrongful discharge, retaliation, and allegations of violations of federal, state, and local statutes
Entertainment & Sports
• • Arbitrated a case involving Name, Image, Likeness (NIL) issues. The matter settled.
  • Selected by the National Basketball Players Association to arbitrate disputes between players and agents and between agents governed by the NBPA Regulations Governing Player Agents. Presided over hearings and pre-hearing procedures largely relating to contract issues and the relationship of the parties. Handled appeals of NBPA decertification of player-agent proceedings
False Claims Act
• • Mediated cases brought under the False Claims Act (FCA) by private relators and the United States. 
  • Special Master in a FCA case brought by the United States
Family Law
• • Mediated complex and contentious family matters involving annulment sought on the basis of fraud, division of marital and non-marital assets, spousal and child support
Health Care
• • Mediated cases with allegations of injury to and death of residents of long-term group homes and assisted living facilities; mediated dissolution of dental practice; arbitrated contractual disputes between employees and health care providers raising allegations of gender discrimination, wrongful discharge, and violations of ERISA and FMLA
Personal Injury
• • Mediated matters dealing with automobile collisions, elevator injuries, lead paint, tainted blood, products liability, construction site accidents, and electrical shock. Arbitrated personal injury claims resulting from automobile collisions and exposure to asbestos
Professional Liability
• • Mediated cases against small, medium, and large law firms involving allegations of malpractice in the fields of construction, technology, telecommunications, and issues such as conflicts of interest, settlement advice, statutes of limitations, and involving counsel conduct in matters 
  • Mediated medical malpractice claims against health care providers and institutions in a variety of medical specialties; mediated multiple personal injury and death cases in a variety of medical specialties; used innovative techniques to achieve resolution beyond solely compensation
  • Mediated multiple alleged malpractice claims each involving millions of dollars arising from problems relating to conduct of audits and advice relating to treatment of items on financial statements; arbitrated lengthy case involving alleged failure of audit to find fraud leading to losses asserted to be in the tens of millions 
  • Mediated cases regarding departures of a single lawyer and multiple lawyers from existing firms
Special Master/Court Appointed Neutral
• • In re Local TV Advertising Antitrust Litigation (N.D.IL.)(Kendall, CJ) - Issued three Reports and Recommendation, which dealt predominantly with claims of attorney-client privilege and work product protection. At issue were more than 20,000 entries on privilege logs presented by multiple defendants.
  • U.S. v. Philip Morris et al., (Kessler, J., D.D.C.) - Special Master for discovery and privilege in the largest civil RICO action ever brought by the United States. In this case, where the United States sought $280 billion in disgorgement and other equitable relief against the major tobacco manufacturers and two related trade groups, Judge Levie was the Special Master for almost four years during which time he supervised a full time staff of three attorneys; reviewed tens of thousands of pages of documents; evaluated exhaustive numbers of claims of work product and privilege by both the government and the private parties; issued extensive case management orders for discovery and proposed trial procedures; conducted at least monthly in-person status conferences with counsel to keep discovery focused and moving expeditiously; issued nearly 200 Reports and Recommendations dealing with discovery, procedural matters, and claims of work product and privilege. Judge Levie served as Adjudicator to resolve appeal of retail businesses charged with violating provisions of the Consent Order in the case. 
  • U.S. v. Anthem/Cigna (Amy Berman Jackson, J. D.D.C.) - Special Master for discovery, ediscovery, privilege, protective order, expert discovery in an anti-trust action to bar the $54 billion acquisition and merger of Anthem, Inc. and Cigna
  • U.S. v. Aetna/Humana (Bates, J. D.D.C.) - Special Master for discovery, e-discovery, privilege, protective order, expert discovery in an anti-trust action to bar the $37 billion acquisition and merger of Aetna and Humana
  • In Re Domestic Airline Travel Antitrust Litigation (MDL - Kollar–Kotelly, J., D.D.C.) -Special Master for discovery, e-discovery, privilege, protective order and expert discovery in an antitrust action against four major airlines alleging Defendants fixed prices for domestic airline tickets by keeping capacity artificially low
  • U.S. v. AT&T/T-Mobile (Huvelle, J., D.D.C.) – Special Master for discovery and privilege in an anti-trust action to bar the merger of AT&T and T-Mobile
  • U.S. v. US Airways/American Airlines (Kollar-Kotelly, J. D.D.C.) - Special Master for discovery and privilege in an anti-trust action to bar the merger of US Airways and American Airlines
  • U.S. v. Education Management Corp. (McVerry, J. W.D.Pa.) – Special Master for discovery, e-discovery, privilege, and development of a case management order in a $33 billion dollar qui tam case brought by the United States for alleged violations of the False Claims Act
  • UPMC v. Highmark, Royal Mile v. UPMC & Highmark, (Conti, CJ. W.D. Pa.) – Special Master for discovery, e-discovery, and privilege in related anti-trust cases involving health care providers
  • Executive Life of New York – Oversaw a team of neutrals charged with developing criteria for distribution and making allocations of a $100 million dollar fund to severely injured annuitants whose funding source for their structured settlements went into receivership
  • FFWPUI v. Moon, (Mott, J., D.C. Super. Ct.) – Special Master for discovery and privilege in case involving governance of the Unification Church
  • Kubicki v. Medtronic, et al. (Jackson, J. D.D.C.) - Special Master for discovery, privilege and eDiscovery in a product liability case involving an insulin pump and infusion devices
  • APCC Services, Inc. et al. v. AT&T Corporation, Sprint, and Qwest, (Huvelle, J., D.D.C.) - Special Master for discovery and privilege in a series of telecommunication cases between telephone companies and owners of pay phones over the proper amount of compensation due
  • United States v. McDonnell Douglas, (Friedman, J., D.D.C.) - Special Master for discovery and privilege in a criminal case with Reports and Recommendations issued on a bill of particulars, grand jury material, Brady information, procedures on handling classified information under CIPA, and other discovery issues
  • General Electric Co. v. United States - Special Master for review of privilege and work product claims. (Meyer, J., D.Ct.)
  • United States v. Duke Energy (UARG), (Kay, M.J.-D.D.C.) – Special Master for ruling on claims of privilege in connection with documents responsive to a subpoena issued to a third party in an environmental third-party subpoena action
  • Jnah Development S.A.L. v. Marriott International Hotels, Inc., (Facciola, M.J.-D.D.C.) - Special Master to rule on numerous documents in a pending ICC arbitration matter to which work product and attorney client privilege were interposed