Summary:

I practiced law for 18 years as a trial and commercial transactions attorney in Chicago, IL law firms, followed by 15+ years as CEO, chairman and board director of public and private companies in China, the UK, the US, and Canada. I started my legal career as a commercial litigator trying cases in State and Federal Courts in the US, and was a member of the Trial Bar of the US District Court for the Northern District of Illinois. As an ADR neutral, I have conducted arbitrations and mediations in-person and using most major virtual conferencing platforms.

Legal & ADR:

Arbitrator and mediator for multiple complex domestic and international commercial disputes concerning joint venture agreements, vendor/supplier agreements, distribution/licensing claims, manufacturing agreements, securities issues, construction claims, financing arrangements, and service agreements.

Deep experience negotiating, documenting and litigating agreements regarding the purchase/sale of goods (including complex computer, manufacturing, and other commercial and industrial equipment); real estate (including purchase/sale/leasing agreements, construction agreements and disputes, development and TIF projects, and financing via debt and equity transactions); unfair competition disputes; non-competition agreements and disputes; theft/misuse of trade secrets; work-outs and financing, and; partnership/joint venture agreements and disputes. Qualified instructor and exam grader for Chartered Institute of Arbitrators membership.

Matters of Note:

  • Multiple multi-million dollar disputes regarding the purchase/sale of goods under the UCC and other laws, and the financing (secured and unsecured) of such
  • Disputes regarding the mergers, acquisitions and divestitures of businesses and business units
  • Disputes regarding construction projects, including delay damages, breach of contract claims, third party liability issues, owner/architect/general contractor/sub-contractor disputes
  • Disputes regarding development agreements, easement agreements and land-use agreements
  • Non-competition, confidentiality and NDA agreements of key employees; misappropriation of customer lists and interference with business relations disputes

Business:

  • Fifteen+ years as a public and private company CEO and board director.
  • EBT Digital Products, Inc. (CEO, Chairman of the Board of Directors; Chairman of the Board’s Compensation Committee): EBT was one of China’s largest retailers of cell phones and related digital products. Based in Shanghai, China, EBT operated in multiple cities in the East China region of the PRC. During tenure as CEO and then Chairman, organized and executed the listing of EBT on the London Stock Exchange AIM Market (LSE:EBT). Grew the business from US$ 2.25 million to US$ 275+ million in 2012, from 35 to 250+ stores over five years, and subsequent growth to 400+ stores (2013).
  • Aerofficient LLC (Founder, CEO, Managing Member): Created/manufactured proprietary aerodynamic products that in combination generated 10+% fuel savings for long-haul tractor trailer trucks. Won multiple industry awards

Patents:

Co-inventor of 19 issued domestic and foreign patents regarding aerodynamic and structural devices for heavy duty truck trailers

Recent Arbitrations of Note:

Domestic Arbitration:

  • A dispute between a bank and its borrower regarding the enforceability of a commercial loan agreement and the claimed abandonment of secured assets
  • A dispute between an insurer and its policy holder regarding claimed premiums due under the audit provisions of the policy
  • A dispute between a law firm and former client regarding unpaid legal fees and a counter-claim of excessive billing
  • A dispute between the assignee of a commercial note and the borrower regarding a claimed default and the enforceability of the note’s acceleration clause
  • Multiple disputes regarding fees due under commercial service agreements and a counter-complaints for breach of contract and fraud
  • Multiple disputes regarding fees due under commercial product buy/sell agreements and a counter-complaints for breach of contract, delay damages, and fraud
  • A dispute regarding the termination of a franchise agreement and fees claimed to be due thereunder by the franchisor
  • A dispute regarding a claimed breach of a financial services agreement

International Arbitration:

  • A dispute regarding the claimed wrongful termination of a distributor agreement; claimed violations of the Anti-cybersquatting Consumer Protection Act (“ACPA”), 15 U.S.C.§ 1125(d), and various business tort and fraud claims. Also claimed: the “uplift” of a third party funder.
  • A dispute regarding damages accruing as a result of a claimed breach of an agreement to repair and service complex industrial equipment
  • Multiple six figure disputes between foreign vendors of consumer goods and on-line retailers, including claims of withheld sales proceeds, claimed improper cessation of sales, and claims of product disparagement and product misrepresentation
  • A dispute between an auction house and the purchaser of a painting who claimed the art was a forgery
  • Faculty (international arbitration instruction), Chartered Institute of Arbitrators; Qualified grader for the Institute’s qualification examinations
  • Faculty, arbitration training program in Ghana, West Africa co-sponsored by the AAA, Fordham Law School, and the Giving to Ghana Foundation (2013)

Recent Multi-Million Dollar Domestic and International Mediations:

  • One of the 2020 US election voting machine libel lawsuits
  • A dispute between a cryptocurrency miner and the server farm host
  • A dispute between a medical device manufacturer and a distributor regarding the scope of each parties’ marketing rights
  • A dispute between a domestic packaging company and a foreign paper supplier regarding jurisdiction of US courts, the enforceability of an arbitration agreement, and claimed breaches of the supplier agreement