Principal, Susman, Duffy and Segaloff, PC, 1990 – 1999
in prior years: Reif & Manke, P.C.; Reilly, Peck, Raffile and Lasala; Wiggin and Dana
Franchising and Other Distribution of Products and Services – Representation of domestic and international franchisors, franchisees, manufacturers, manufacturers’ representatives, wholesalers, and retailers in supply chain issues both in litigation and corporate transactions; drafting and review of franchise agreements, operations manuals, and disclosure documents on behalf of franchisors and franchisees; representation of parties to international bills of lading, letters of credit and guarantees in connection with the importation of products from Europe and Asia; representation of parties in connection with breaches of warrantees, supply contracts, and general commercial breaches of contract; representation of product line acquirer in franchise litigation.
Financial Services – Representation of lenders and borrowers in commercial foreclosures (including syndicated loans), repossession of collateral securing asset based lending, restructurings and bankruptcies; representation of borrowers and lenders in lender liability actions and fraud claims; representation of lenders in due diligence related to the purchase of franchise systems; representation of broker/dealers, beneficiaries and customers in connection with claims of unsuitability and trustee fraud; representation of retailers in connection with litigation arising from alleged credit card fraud in connection with in-coming call center transactions.
Transportation and Maritime – Representation of shipper in delay claims arising from 2015 New York and West Coast port congestion; representation of steel importer for damages arising from failure of maritime carrier to deliver product to port; representation of product importers in claims asserted under international bills of lading and letters of credit; valuation of fire damage to vessel (Three-member panel arbitrator); dispute over termination of transportation services agreement (sole arbitrator); dispute regarding transportation services contract (sole arbitrator)
Corporate Ownership Disputes – Representation of parties to dissolution of closely held corporations, alleged breach of buy-sell agreements, and valuation of minority rights. Rights of parties in entertainment contract. (sole arbitrator).
Product Manufacturing – Representation of product manufacturers in claims arising from allegedly defective power generating turbines, welding equipment and consumables, aircraft, and medical equipment.
Electronically Stored Information– Extensive experience in collection of, management of, production of, and negotiations regarding electronically stored information; experience includes projects with terabytes of data, complex data bases and management of negotiation process; understanding of Technology Assisted Review (TAR); former co-chair of major firm’s Electronic Discovery Working Group; Fellow – American College of E-Neutrals
Health Care Products – Representation of manufacturer of medical supplies arising from contracts claims by medical portal provider for compensation for reverse auction transaction; Anti-Kickback statute litigation
Business Valuations – Extensive experience in valuation litigation arising from distribution claims, corporate dissolutions, buy-sell arrangements, real estate transactions, and fraud claims
Sample of Industries (non-inclusive) – Quick serve, fast casual and casual restaurant industry; wines and spirits; beer; non-alcoholic beverages; wholesale food distribution; special loan servicers; various types of real estate and asset based lenders; loan syndications; real estate developers and general construction contractors; manufacturers, distributors or retailers of helicopters, electronics, power turbines, welding equipment and consumables, optometric and general surgical equipment, and medical devices and supplies; steel manufacturers and importers; maritime shippers from Asian markets; aircraft leasing and financing; broker/dealers and investment customers; physician and legal practices; fitness center, real estate, and educational services franchises; hospitals and medical supply purchase portals; luxury yacht manufacturers and importers; dairy products; wholesale baked goods; franchised and non-franchised hotels; telecommunications; trust administration
ALTERNATIVE DISPUTE RESOLUTION EXPERIENCE
Served as an arbitrator in multiple single arbitrator and multi-arbitrator matters, including matters concerning the termination of franchises for non-payment of royalties and other alleged defaults under the franchise agreement, with defenses of fraud, coercion, violations of obligations of good faith and fair dealing, and statutory violations; valuation of fire damage to vessel; contract for the provision of transportation services; breach of equipment supply contract; lack of investment suitability and churning; transportation services contract; and termination of entertainment contract. Appeared as an advocate in arbitrations before the American Arbitration Association on issues related to distribution contracts and relationships, before the NASD (predecessor of FINRA) on issues related to breach of fiduciary duty and the suitability of investments, and before private panels related to various business disputes and valuations.
Served as mediator, special master and advocate in single and multi-day mediations arising from matters involving claims of medical negligence, legal malpractice, breach of fiduciary duty, products liability, construction defects in condominium development, financial transactions related with claims of lender liability, franchise and distribution disputes, motor vehicle and other personal injury claims, and minority ownership rights.
ARBITRATION & MEDIATION TRAINING
Pepperdine Conference on Mediation Training, three days, Malibu, California, 2016
Safeguarding, Deciding & Writing Awards, 2017; AAA Arbitration Fundamentals and Best Practices for New AAA Arbitrators, 2017
2017 Joint Colloquium on International Arbitration, AAA-ICDR/ICC/ICSID, New York, 2017
EDiscovery for Arbitrators, AAA/Association of EDiscovery Neutrals, New Orleans, December 2017
FINRA training for arbitrators, January 2018
Quinnipiac Law School Summer Mediation Course – 2018
Admitted to Bar, Connecticut
American Bar Association
Connecticut Bar Association
Association for Conflict Resolution
Fellow – American College of E-Neutrals
American Board of Trial Advocates
American Arbitration Association, National Commercial Arbitration Panel
Center for Alternative Dispute Resolution, Commercial Arbitration Panel
American Health Lawyers Association, Arbitration Panel
FINRA, National Arbitration Panel
Lafayette College, BA
Harvard Law School, J.D.
PUBLICATIONS & SPEAKING ENGAGEMENTS
Presentation – Connecticut Bar Association Legal Conference, Advocacy Skills in Commercial Arbitration (2016)
Presentation – Arbitration: What Issues Are Decided by Arbitrators and Which Are Decided by the Court, Connecticut Bar Association, Litigation Section, New Haven (2015)
Presentation – Guidance? The Supreme Court of Class Arbitration and Removal, Trial Attorneys of America, Chicago, (2015)
Presentation – Who Determines Class Action Arbitrability – International Association of Defense Counsel, Mid-year Meeting, Marco Island (2015)
Discovery of Electronically Stored Information, Chapter 13, A Practical Guide to Discovery and Depositions in Connecticut (2nd Ed.) (2013), Massachusetts Continuing Legal Education, Inc. I also wrote the same chapter for the first edition
eDiscovery: Four Important Lessons from the Restaurant Business, Inside Counsel (2012)