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Clarence L. Pozza, Jr., Esq.
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General Biography
Practice Areas
Accounting Finance
Business Commercial
Class Action & Mass Tort
Construction
Education Law
Energy & Utilities
Insurance
Personal Injury
Real Property
Securities
Honors, Memberships, and Professional Activities
Background and Education
Clarence L. Pozza, Jr., Esq. brings over 40 years of experience to his JAMS practice, including ten years as a Managing Director of Miller Canfield and another eight as head of the firm's Litigation Group.
A Fellow of the American College of Trial Lawyers, Clarence has handled complex business, commercial, corporate, finance, insurance, securities and product representation and liability trials, appeals, arbitrations, mediations and regulatory proceedings across the United States.
He has extensive experience in corporate investigation as well as case evaluation (pre-suit and post-filing).
ADR Experience and Qualifications Mr. Pozza has extensive litigation and settlement experience in the following areas:
Represented big four accounting firm in an auditing malpractice jury case that resulted in a defense jury verdict after a three week trial.
Represented selling shareholder in a federal automotive merger/acquisition case involving complicated securities, accounting and representation and warranty insurance issues. Case resolved after extensive mediation.
Business Commercial
Appointed by a United States District Judge to mediate a multi-year health care dispute involving multiple parties where two prior mediations had resulted in impasse. Case successfully mediated with days of face-to-face negotiation, as well as numerous separate in-person meetings over a six week period.
Class Action & Mass Tort
Represented an international consumer electronics manufacturer in defense of a federal class action involving televisions and claims of misrepresentation of certain performance criteria.
Represented a large domestic insurance company in defense of misrepresentation mass action claims by purchasers of variable insurance policies.
Represented underwriter of shares in an initial public offering of a Fortune 500 company in a federal court class action litigation. Case resolved after extensive negotiation.
Represented broker-dealer selling largest amounts of tax shelter limited partnerships in multi-district federal litigation. Case resolved after extensive negotiation.
Construction
Represented the co-owner of a large wastepaper pulp facility in complicated construction and design litigation pending in federal, state and arbitration forums. Case was successfully mediated in a three day mediation.
Represented the owner of a nuclear power plant in the initial damage work in a design and construction claims against a Fortune 500 supplier of the nuclear steam supply system. The case was settled after a 13 month trial and the start of retrial.
Represented a co-owner of a nuclear power plant in design and construction claims against a Fortune 500 entity and a subsidiary and in particular work to move responsibility from the subsidiary to the parent.
Corporate/Corporate Governance/Shareholder Rights
Represented the acquiring shareholder in a minority shareholder oppression litigation involving acquisition of shares of minority shareholders in a billion dollar transaction. The case ultimately resolved through legislative approval of a special master to conduct a shareholder appraisal action which took over a year.
Represented shareholders in federal litigation involving minority oppression and shareholder agreement disputes.
Represented co-owner of a large wastepaper pulp facility in litigation (federal, state and arbitration) which was successfully mediated over a three day mediation. The case involved governance disputes between the owners, operators and municipal bond holders as well as complicated construction and operational disputes.
ERISA
Represented a major broker-dealer investment bank in an ERISA action brought by a Taft-Hartley union pension plan for alleged ERISA violations as well as breach of fiduciary duty. Case was resolved creatively through the use of a United States District Judge as mediator.
Real Property
Represented international insurance company and subsidiary as owner of a large mall in multi-year litigation with a tenant over alleged breach of lease issues. Case decided successfully after a three week trial.
Securities
Represented numerous national financial services firms, including banks, broker-dealers, investment banks and insurance companies in hundreds of securities cases for violation of federal and state securities laws. The cases were pending in federal and state courts, arbitration forums, as well as regulatory forums. Many of the cases proceeded to trial, arbitration or regulatory hearing with a decision. Many of the cases were resolved through mediation.
Represented selling shareholder in a federal securities and accounting fraud case involving the sale of an automotive supplier. The case involved complicated securities, accounting, and director/officer and representation and warranty insurance issues. Case resolved after extensive mediation.
Represented customer of a regional broker-dealer in a federal action involving significant losses in options. Case tried for three weeks and settled prior to being submitted to the jury.
Represented an international financial services firm and its U.S. subsidiary in claims brought by a broker-dealer for alleged violation of industry reporting standards for registered persons in termination situation. Case arbitrated for two weeks and the claims for over $20 million were dismissed.
Represented U.S. subsidiary of a international financial services firm in defense of over 250 cases in arbitration alleging liability for the actions of an agent in conducting a Ponzi scheme. A lead case was successfully tried to decision. The remaining cases were resolved through the use of three separate mediators over a two year period. Representation also included regulatory work and resolution.
Honors, Memberships, and Professional Activities
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.
Awards
Recognized as "Lawyer of the Year" in litigation in Detroit, Best Lawyers in America, 2021
Chambers USA: America’s Leading Lawyers for Business, Commercial Litigation, 2004-Present
Michigan Super Lawyers; Business Litigation, 2006-Present
2014 Detroit Litigation – Securities Lawyer of the Year
2013 Detroit Litigation-Regulatory Enforcement (SEC, Telecom, Energy) Lawyer of the Year
Recognized as one of the Best Lawyers in America, 2019-2024
Memberships
Fellow, American College of Trial Lawyers
Past Member, Multiple Terms, Judicial Qualifications Committee for the United States District Court for the Eastern District of Michigan
Chairman, Magistrate Judge Merit Selection Committee, United States District Court for the Eastern District of Michigan (2014)
Member, American Bar Association
Member, State Bar of Michigan
Former Board Member, Federal Bar Association, Detroit Chapter
Member, Detroit Metropolitan Bar Association
Past Co-Chairman, National Association of Securities Dealers, Arbitrator Training Program (Michigan)
Past Member, American Arbitration Association, Large Complex Case Panel; Past Member, Commercial Advisory Panel
Member, American College of Trial Lawyers National Law School Mock Trial Competition Committee
Coach, University of Michigan Law School National Competition Mock Trial Team 2008-2013
Past President and Board Member, Old Newsboys' Goodfellows Fund of Detroit
Past Board Member and Secretary, Van Patrick Memorial Foundation, Benefiting the Henry Ford Hospital Cancer Research Center and Van Patrick Chair in Oncology
Past Chairman of the Board, Goodwill Industries of Greater Detroit
Past President and Board Member, The University of Michigan Graduate M Club for Letter Winners
Past Faculty member, Institute of Continuing Legal Education, American Arbitration Association, National Association of Securities Dealers, Inc. (n/k/a FINRA), Midwest Securities Institute
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