Many leading businesses are discovering that mediation can be a powerful tool in resolving disputes early and fairly. In litigation, parties argue over who “breached” and the extent of “damages.” Mediation, however, involves much more than just an analysis of legal issues. It’s an opportunity to explore each side’s interests and relationships, empowering participants to develop their own business-driven solutions. Even in a case where “pure dollars” are at stake, Mark can help realistically evaluate claims and defenses, and structure creative payment terms. His areas of expertise include:

• Breach of Commercial Contracts
• Partnership, Joint Venture, and Limited Liability Companies
• Interference, Unfair Competition, and Misappropriation of Trade Secrets
• Franchise Law

Partnership Fraud

Claim: Individuals who had invested hundred of thousands of dollars on the promise that a partnership would bring a new medical device to market sued for fraud. The product was never manufactured due to technical difficulties and rising costs.

Result: The parties negotiated an agreement to dissolve the partnership and distribute its assets so that investors’ money could be recouped. The defendant was required to adhere to a payment schedule and provide collateral as security for its settlement obligations.

Conservator’s Action for Misappropriation

Claim: Conservator filed suit against his sibling for fraud and conversion to recover almost $300,000 from the estate of their elderly and disabled mother.

Result: Rather than going to trial, which would have further harmed family relations, the parties agreed to a monetary settlement, including security for payment, assuring their mother’s continued medical and institutional care.

Unfair Competition

Claim: An independent physicians association sued its competitors, claiming they used confidential and proprietary information to encourage the transfer of patients to other associations.

Result: The defendant’s cash payment settled the case.

Bank Note and Commercial Guaranty

Claim: A bank sued a corporate borrower to collect a $350,000 loan that had been secured by personal guarantees and business equipment.

Result: The guarantors negotiated an agreement allowing them to sell the collateral on favorable terms, and to structure payments in the event of a deficiency. The bank also agreed to waive some accrued interest and other charges.

Collection Action

Claim: A law firm sued to collect nearly $200,000 of outstanding attorney’s fees and legal expenses. The client contended it was withholding payment because the firm had over-charged and committed malpractice.

Result: The firm agreed to discount a portion of its fees in exchange for a payment schedule and release. While the full balance was neither paid nor collected, the parties were satisfied, knowing the matter was finally resolved.

Breach of Joint Venture Agreement

Claim: Developer and property owner each filed separate actions against the other alleging breach of contract and quiet title arising from a joint venture agreement to develop and market for sale two parcels of commercially zoned vacant land in San Bernardino County.

Result: Mediation helped the parties arrive at a creative settlement, transferring one parcel to investors in consideration of a $1 million loan payoff, confirming title to the other parcel in the record owner, and dismissing their respective court cases.

Misappropriation of Trade Secrets

Claim: Sheet metal manufacturer alleged that a group of former employees, who formed a competing firm, stole confidential product information and drawings, and then used those materials to unfairly compete with plaintiff for its customers in the automotive and aerospace industries. Plaintiff sought over $500,000 damages.

Result: Defendant agreed to a monetary payment and restrictions on certain business activities.

Partnership Dispute

Claim: Two individuals, one who would contribute financing and the other who would contribute construction expertise, entered into an agreement to purchase adjacent lots in the Hollywood Hills and develop them with single family homes.  A dispute arose when completion of the homes was delayed causing the partnership to suffer losses in a declining real estate market.

Result: One partner agreed to acquire the other’s interest in the partnership on mutually acceptable terms.

Business Fraud

Claim: Partner owning a majority interest in automotive paint company filed suit against defendant, a minority partner and employee of the firm for more than 25 years, alleging fraud and mismanagement.  Defendant filed a separate action to partition the real property comprising the company headquarters.

Result: A purchase of the defendant’s real property and partnership interests was negotiated, ending contentious and expensive litigation.