Arbitration and Mediation

The firm’s Arbitration and Mediation attorneys advise clients in connection with every aspect of arbitration, mediation, and other alternatives to traditional litigation. We handle substantial matters before a variety of domestic and international arbitration platforms, including the AAA, FINRA, ICC, JAMS, and UNCITRAL. We recognize that arbitration and mediation matters require a different approach from traditional litigation, and we guide our clients through the process in a cost-efficient and streamlined manner.

In addition to the advocacy done by our litigators, our corporate attorneys regularly advise clients on and negotiate arbitration clauses in prospective transactions. We provide advice on clauses relating to every aspect of arbitration, including forum choice, pre-dispute resolution negotiation and mediation, and arbitration rule selection and modification.

Key Contacts

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Represented a major U.S. broker-dealer in connection with a series of FINRA arbitration proceedings arising out of the sale of auction rate securities and the subsequent collapse of the auction rate securities market, including winning take-nothing awards in multiple cases involving claims totaling more than $260 million.

Represented Korean company in technology license dispute under ICC Arbitration Rules.

Defended leading Korean technology company in major international arbitration under UNCITRAL Arbitration rules. Representation led to selection as principal outside U.S. counsel to client, including defense of client in major patent litigations and class action product defect cases.

Represented leading global provider of photovoltaic products in international arbitration against supplier regarding defective products.

Represented Japanese consortium in complex international arbitration involving novel issues of asset valuation and international law relating to Brazilian mining company, with claims of up to $1 billion.

Represented Japanese international construction company in arbitration with Japanese bank arising out of construction of luxury hotel in Hawaii.

Represented a foreign investor in arbitration with the Government of Indonesia concerning payment for a power project.

Represent leading U.S. broker-dealer in multiple securities litigation and arbitration matters, including class action litigation arising from offering of mortgage pass-through certificates.

Obtained voluntary dismissal with prejudice and expungement order for registered representative despite being retained less than one week before arbitration hearings.

Represented claimants in eight-week FINRA arbitration of claims of more than $280 million related to complex structured securities.

Represented insurance company in arbitration with its former managing general agent concerning the agent’s transfer of the carrier’s municipal business to a competitor.

Regularly represent financial advisors employed by major financial institution in arbitrations and litigations.

Represented marketer of weather-related accessories in litigation and arbitration regarding post-merger earn-out dispute.

Represented a major financial institution in connection with multiple FINRA arbitration proceedings.

Represented construction company in AAA arbitration involving a construction dispute.

Represented metals trader in an arbitration arising out of copper sales.

Defended major financial institution in a FINRA arbitration in which claimants sought $15 million relating to allegedly unsuitable investments.

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Lawrence T. Gresser Speaks to Law360 about the Supreme Court’s Recent Class Arbitration Ruling

June 20, 2013 | News

The U.S. Supreme Court recently ruled that courts can't overturn a class arbitration waiver simply because it would cost plaintiffs more to arbitrate the claim than they could possibly recover. Gresser explains, “The other shoe has dropped…The lesson of Justice Scalia's majority opinion in American Express is that class action waivers will be enforced even when the arbitration clause is not customer friendly and the individual plaintiff's cost of arbitrating a claim is certain to exceed the potential recovery."

Lawrence T. Gresser Speaks to Law360 about the Supreme Court’s Recent Class Arbitration Ruling Against Oxford Health Plans

June 10, 2013 | News

The U.S. Supreme Court recently ruled that courts cannot second-guess an arbitrator's interpretation of a contract, backing an arbitrator's ruling that a doctor's pursuit of class arbitration against insurer Oxford Health Plans LLC was permitted. Gresser explains why the unanimous ruling is significant noting, “The critical question in Oxford v. Sutter — whether, after Stolt-Nielsen, ... the class action procedure is available in arbitration — was answered in the affirmative."

We Have an Arbitration Agreement. Now What?

July 17, 2017 | Publication

Anachronism Revealed: FINRA Rules Trump Italian Colors to Give Registered Members Their Day in Court

October 10, 2013 | Publication

It is rare these days for a court to deny a motion to compel arbitration, especially where the parties are subject to an arbitration agreement. However, using the fundamental principle “arbitration is a matter of contract,” the Court in Zeltser v. Merrill Lynch & Co. did just that.

To Move or Not to Move: Calculating the Risk of Waiving the Right to Arbitrate in a Shifting Judicial Landscape

March 19, 2013 | Publication

Recent arbitration cases, including the “game changer” AT&T Mobility LLC v. Concepcion, suggest new ways a defendant should proceed if the right to arbitrate is at all unclear. Perhaps most import, a defendant should think long and hard about expressly disclaiming the right to arbitrate any claims, even if it seems momentarily advantageous.

Protecting the Rights of Non-Parties In Arbitration Discovery

July 18, 2011 | Publication

This alert examines how counsel for non-party individuals or entities subject to arbitration subpoenas can protect their clients.

Memorandum to Employees Regarding Proper Maintenance of Attorney-Client Privilege

July 1, 2011 | Publication

A memorandum from in-house counsel advising company employees on how to maintain the attorney-client privilege over their communications with the company’s attorneys, and further explaining the nature of counsel’s relationship with the company and its employees.

Pre-Suit Notice Letter

June 1, 2011 | Publication

This document includes an integrated note with important explanations and drafting tips for creating a letter from a company notifying a potential defendant of its intent to file a lawsuit.

CLE on Mediation, Samsung Group World Headquarters in Seoul

September 15, 2015 | Event and Presentation

This presentation, held at the Samsung Group World Headquarters in Seoul, offered a broad overview of mediation, including the benefits of mediation, the mediation process, and mediation strategies.

Participants learned practical tips that they can apply before, during, and after a mediation session to improve their chances of reaching a mutually agreeable solution to seemingly intractable disputes.