Arbitration, Facilitation and Mediation Cases

Representative Cases Arbitrated
by Sherman Fogel

• a four week hearing involving a $10 Billion claim against a very well known public company arising out of the failure of a start up e-commerce business
• an international contract dispute between a local “Fortune Five Hundred” company and a Swiss Corporation
• multi-million dollar construction dispute between a publicly held corporate owner and a large multi-state contractor involving the construction of a paper pulping plants
• $3 Million contract dispute between a grower and a food processing company involving the financing, growing, harvesting, processing and delivery of organic produce
• dispute involving the split up of a medical practice involving employment issues, share transfer restrictions and allegations of disability insurance fraud
• dispute between developer of master planned community and owner of a commercial parcel within the community regarding alleged violations of the covenants, conditions and restrictions which could require destruction and removal of a partially constructed 8500 square foot commercial building
• dispute between a large regional hospital and a national health insurance provider
• dispute between the franchisor and a franchisee involving a product and process utilized in the construction industry
• multi-million dollar dispute involving breach of executive employment contracts by the publicly held surviving entity following a merger
• dispute between the franchisor and a franchisee involving site selection, construction and operation of multiple restaurants
• $10 Million claim arising out of the split up of a family owned steel business having multiple divisions operating in several states
• $20 Million claim between joint venture partners holding the patents to several important medical devises arising out of the sale of their company to a publicly held pharmaceutical company
• dispute involving the supervised dissolution and liquidation of three inter-related medical and medical real estate partnerships and limited liability companies
• dispute between a mining corporation and a contractor involving claims for additional compensation relating to dewatering of contaminated surface and ground water on the job site
• claim by the limited partners, individually and derivatively against the general partners of several real estate investment limited partnerships and limited liability companies
• multi-million dollar claim brought by a large national, but privately owned, corporation involving insurance coverage issues
• multi-million dollar international contract dispute between a domestic family owned corporation and a Japanese mega-company arising out of the purchase and sale of commercial printing presses
• five week hearing involving a twenty-six million dollar breach of contract dispute between two “Fortune Five Hundred” companies regarding the manufacture, sale, maintenance and repair of military hardware
• Dispute arising out of a failed contract for the sale of a private water company due to the failure to obtain the timely transfer of the certificates of convenience and necessity
• numerous general contract, corporate, partnership, real estate and other commercial disputes

Representative Cases Mediated or Facilitated
by Sherman Fogel

• a high-profile dispute between a State and a City involving the development of hundreds of acres adjacent to a large municipal park, in which more than forty people participated, representing two school districts, several citizen activist groups, a private developer and various agencies and departments of the State and the City
• disputes resulting from a dysfunctional Commission appointed by the Mayor of a City and in constant conflict with virtually every political and managerial agency and department of the City
• U.S. Equal Employment Opportunity Commission nationwide pattern-or-practice action against a large publically held corporation alleging violation of the Americans with Disabilities Act
• negotiation among multiple municipalities and public utilities involving the modification and extension of a forty year contract for the sale of municipal effluent for use in cooling nuclear reactors at a large nuclear plant
• the restructuring of a multi-million dollar family owed high-fashion retail business operating at multiple locations in several states, involving three factions of the family, which was conducted in three phases, over approximately two years
• dispute between a municipality and a religious organization involving the disposition of a historical building
• dispute between the scientist/inventor/licensor and the licensee of patented scientific technology, resolved by an agreed division of the patented technology into industrial and medical applications and the reallocation of the rights to manufacture, use and sell products embodying the patented technology based upon the applications
• contest for control of a multi-million dollar family owned business operating out of fourteen locations in three states
• dispute between securities broker/dealer and customer involving claims in excess of $1 Million
• a number of disputes between municipalities and commercial property owners arising out of eminent domain/condemnation proceedings
• dispute between real estate purchaser, seller and title insurer involving allegations of misrepresentation in connection of the sale and issues of title insurance coverage and exclusions
• employment contract dispute, involving claims in excess of $350,000 for wrongful termination, severance pay and bonuses, and counterclaims for breach of fiduciary duty
• dispute between joint venture partners involving the development and marketing of computer software for use in the physical fitness industry
• a highly publicized dispute involving the ownership and operation of a private athletic training facility utilized by Olympic athletes, which involved private contract issues, municipal zoning ordinances and special use permits, and vigorous neighborhood opposition, in all of which, a municipality was an active participant
• dispute between institutional lender and borrower involving allegations by the borrower of breach of contract, wrongful foreclosure and defamation by lender
• a dispute between beneficiaries of probate estate, involving allegations of fraud upon surviving spouse’s community property interest and breach of fiduciary duty by personal representative and trustee
• dispute involving investment contract, construction contract and joint venture agreement, the resolution of which paved the way for the completion of a privately owned charter school
• dispute between three physicians involving the split up of a multi-office medical practice
• dispute among four physicians involving internal governance of a multi-office medical practice and preservation of the partnership
• dispute between owner, contractor and subcontractor involving collapse of construction project and allocation of responsibility
• contract dispute involving two international credit cards, the issuing national bank and a corporation engaged in the discounted acquisition of delinquent credit card debt
• dispute between hotel, condominium, office and retail developers and the representatives of numerous neighborhood associations and activist groups involving an update to a plan for the development and preservation of a major urban core of a large city, the resolution of which took almost five months and was ultimately approved by the city planning department, adopted by the city council and avoided a city wide referendum election
• dispute among a State, fifteen Counties and a large publicly held corporation regarding personal property valuation and taxation
• limited liability company internal governance dispute involving the development of a natural gas field valued at more than fifty million dollars
• a number of disputes between a County and large publicly held corporations regarding real property valuation, assessment and taxation
• lien foreclosure dispute arising out of the construction of a multi-use retail and office complex between the owner, owner’s lender, title insurer, general contractor and approximately 60 of the general contractor’s subcontractors, suppliers and sub-subcontractors
• A number of disputes between lenders and borrowers arising out of mortgage foreclosures and deed of trust trustee’s sales, including claims for deficiencies, involving residential and commercial properties
• numerous private contract, corporate, partnership, real estate and other commercial disputes