Mediation

 

cre·a·tive  [kree-ey-tiv] (adjective) -- having the power to fashion or create as a consequence of original thought and imagination.

His years in the courtroom have taught Charles Dick that litigation often is a negative activity, involving a wasteful expenditure of energy. Even the most vigorous and antagonistic parties find litigation exhausting and unproductive. While resolution of a business disputes is much like a chemical reaction--requiring the right ingredients to be in place at the right time--Charles Dick is a catalyst who can produce a resolution. He enables business people to redirect their energies and concentrated on achieving core business objectives.

Charles Dick is industrious and hard-working by nature. He knows when tenacity and persistence is needed to bring about a compromise. He is a practiced listener whose decades in the “litigation trenches” enable him to earn the respect of parties who must rely on the credibility of a mediator if a mutually acceptable solution is to be found. He is a sensitive, empathetic, imaginative problem solver who sees opportunities where many only see obstacles. Charles Dick is a result-oriented professional who takes greatest satisfaction out of resolving the most intractable business and commercial disputes. Though capable of being evaluative, he brings creativity to the process, and believes foremost that mediation is most effective when the mediator functions as a facilitator of negotiation by the parties.

Representative Cases

Antitrust/Competition Law

  • Lead counsel in antitrust monopolization litigation
  • Handled common law and statutory Unfair Business Practices, including unfair competition and related statutory trade practices law
  • Defended and mediated consumer class action litigation
  • Experience in addressing Foreign Corrupt Practices Act and related controversies
  • Business/Commercial/strong>

    • Counsel in post-merger controversies arising out of M/A transactions, including post-acquisition auditing and earn-out payments
    • Experience in resolution of partnership and joint venture controversies
    • Handled disputes involving hotel investment and management agreements
    • Breach of commercial real estate leases
    • Broad experience in analyzing and resolving breach of contract and related contract interpretation controversies
    • Mediated controversies involving Secured Transactions, UCC Sales issues, and Good Faith Purchaser disputes
    • Employment

      • Counseled and litigated executive level employment agreement and compensation issues
      • Lead counsel and arbitrator in wrongful termination of management level employees
      • Knowledgeable in fraudulent inducement and misrepresentations in employment
      • Arbitrator in Broker-Dealer employment agreements and related termination matters
      • Handled breach of employment agreements, including separation entitlements
      • Counsel in recovery of employee benefits
      • Experienced in corporate indemnity agreements
      • Handled academic faculty disciplinary proceedings
      • Mediated putative class action Age Discrimination claims by high-technology employees
      • Handled disputes arising out of Trade Secret Theft and Noncompete Covenants
      • Personal Injury/Torts

        • Membership on trial team for nationwide breast implant litigation
        • Handled consumer product safety investigations and product recall issues
        • Supervised nationwide defense of toxic tort claims against consumer product goods manufacturer
        • Managed redesign of product labelling in connection with consumer safety issues and risk of catastrophic burn injuries
        • Professional Liability/strong>

          • Litigated attorney professional responsibility and fiduciary duty matters
          • Counseled and testified in fee disputes regarding the reasonableness of attorney fees
          • Handled defense of complex attorney malpractice claims
          • Experienced in accounting standards of care and accountant negligence matters
          • Prosecuted and defended medical malpractice claims involving standards of care applicable to hospitals and health care providers
          • Counsel and lecturer regarding director & officer (D&O) fiduciary duties
          • Securities

            • Lead counsel in federal and state securities fraud class action shareholder litigation, including jury trial of a major Rule 10b-5 securities class action lawsuit
            • Handled multiple shareholder derivative lawsuits challenging action by corporate officers and directors and application of the Business Judgment Rule
            • Conducted Special Board Committee Investigations
            • Resolved insider trading and short-swing profit taking by corporate insiders
            • Experienced in director & officer insurance coverage and cost apportionment