MEDIATION PRACTICE

SCOPE OF JIM’S MEDIATION PRACTICE

• Jim has substantial experience as a mediator of commercial and corporate disputes, both pre-litigation and during pending litigation, including breach of contract, partnership and other business break-ups, fraud, creditor/debtor issues, fraudulent transfers, breach of fiduciary duty, and many other issues.
• Jim has conducted confidential pre-litigation mediation of disputes among owners of closely-held businesses where privacy and avoidance of publicity were of critical importance.
• Jim has an extensive track record as a mediator and negotiator of disputes arising in cases under Chapters 7, 9, and 11 the United States Bankruptcy Code, including all types of adversary proceedings and contested matters such as Chapter 11 plan issues, estate and trustee suits against third parties (including boards of directors), preferences, fraudulent transfers, nondischargeability, denial of discharge, conversion, and others.
• Jim has mediated a variety of real estate controversies, including boundary disputes, title issues, and disagreements among members of real estate partnerships.

REPRESENTATIVE MEDIATION ENGAGEMENTS

• Mediator in Chapter 11 bankruptcy case involving over $100 million in debt, addressing interrelated disputes between and among debtor and major creditors, including objections to proposed reorganization plan, motion to convert to Chapter 7, contested matters, adversary proceeding to determine nondischargeability of debt including treble damages, and state court lawsuits in two states.
• Mediator of confidential pre-litigation dispute among members of large family-owned entity with significant retail visibility in metropolitan community, regarding ownership, succession, business valuation, personal liability, and related issues.
• Mediator of multiple pre-litigation contractual disputes between out-of-state corporate parties to supplies and manufacturing contract worth over $200 million per year.
• Mediator in leveraged buyout (LBO) litigation between bankruptcy trustee and defendants including original owner/seller, purchaser, senior secured lender, and subordinated secured lender, involving more than $30 million in alleged fraudulent transfers.
• Mediator in out-of-state litigation matter involving large master equipment leasing contract in healthcare industry, including interpretation and enforcement of damages provision and alleged breach of implied covenant of good faith and fair dealing.
• Mediator in two bankruptcy adversary proceedings involving Chapter 11 trustee’s claims against former officers, directors, and affiliates of corporate debtors for breach of duties of care, good faith, and loyalty, breach of fiduciary duty, fraudulent conveyances, and unjust enrichment, asserting some $20 million in damages.
• Mediator between co-owners of closely-held business, one of whom wanted to retire and sell his interest in the business to the other, regarding transition and valuation issues.
• Mediator between bankruptcy trustee and national bank regarding proper allocation of payments to bank (as secured creditor) and bankruptcy estate, from trustee’s liquidation of properties titled in Ponzi schemer.
• Mediator in “business divorce” between partners in entities whose primary assets were intellectual property and confidential client information.
• Mediator of confidential pre-litigation dispute between medical partnership and key former employee accused of fraud, embezzlement, and theft of corporate opportunity, with claims exceeding $4 million.
• Mediator of disputes in individual Chapter 11 case regarding objection to confirmation of proposed reorganization plan, avoidable transfer litigation, and objection to professional fee application.
• Mediator of dispute between luxury home designer and owner of multimillion-dollar property in mountain resort community regarding value and quality of design services, breach of contract, and unjust enrichment.
• Mediator in individual Chapter 11 bankruptcy case, involving objection to confirmation of proposed reorganization plan, potential motion to convert, potential denial of discharge, and related claims.
• Mediator in pre-litigation dispute between IP provider and large national corporate IP user involving claims and counterclaims for breach of contract and related issues for approximately $1 million.
• Mediator in state court lawsuit involving fraudulent transfer claims against judgment debtors for over $1.4 million, potential bankruptcy, and nondischargeability issues.
• Mediator in $1 million-plus preferential transfer litigation between plan agent for Chapter 11 reorganized debtor and major prepetition supplier.
• Mediator for California “business divorce” between company founder/entrepreneur and key employees wishing to take over the business.
• Mediator in three related adversary proceedings in corporate Chapter 11 case involving large transfer avoidance claims by bankruptcy trustee against three major corporate creditors.
• Mediator in pre-litigation dispute between national lender and real estate developer facing bankruptcy in absence of negotiated solution to $2.25 million debt.
• Service on panel established by Faculty of Federal Advocates for mediation referral program in the U.S. Bankruptcy Court for the District of Colorado. Some cases handled pro bono for one or both parties, according to program guidelines.