Arbitrator, Attorney, Mediator

Partner, Peabody & Arnold, 1995 – Present; Partner/Associate, Parker Coulter Daley & White, 1987 – 1995; Associate, Sisson, Bloomenthal & Allen, 1984 – 1987.

Thirty-two years as a civil trial lawyer on behalf of plaintiffs and defendants in cases involving construction, environmental, maritime, contract, consumer rights, products liability, franchise disputes, real estate, business and employment disputes. Business and employment disputes involve issues of stock transfer, agency, unfair competition, breach of fiduciary responsibilities, interference with business relationship, consumer lending practices, non-compete agreements, quantum meruit, franchises, fraud and wrongful termination. Construction experience includes litigating disputes involving a variety of issues such as architectural and engineering design, site conditions, HVAC, pile driving and blasting. Environmental claims have included hazardous waste, oil contamination, wildlife protection and commercial use of federal land. Extensive experience interpreting construction, insurance and employment contracts as well as lease agreements.<br/><br/>Employment Experience - Experience in cases involving executive contracts as both an arbitrator and in representing clients. Tried executive contract claims brought by the CEOs and CFOs of credit unions and banks. Also involved in cases brought by CEOs and presidents of fitness companies and restaurant chains. Defended whistleblower claims brought against banks, hospitals, nursing homes and a myriad of other businesses under both state and federal law. Has sat as an arbitrator on a number of whistleblower cases. Decided as an arbitrator matters related to the misclassification of drivers for an international delivery company, vendors at a hospital and workers at an auto dealership. Arbitrated cases involving disputes over commissions and ownership of product. Defended class action cases involving hundreds of allegedly misclassified employees. Handled matters involving non-compete agreements and interference with business relationships. Considerable experience in wrongful termination cases related to disability, age, gender, sexual orientation, race, national origin, and pregnancy. As well as violations of FMLA and claims of retaliation.

Mediated disputes between property abutters (cases involve disputes over property lines, nuisance due to noise, encroachments, overburdening easements); employers and employees (cases involve alleged discrimination for disability, age and whistleblowing, breach of employment contract, dispute over independent contractor status); insurers and injured plaintiffs (cases involve auto accidents, premises liability, injuries on railroad and commercial vessels); franchisers and franchisees (cases involve restaurants, mail distribution companies); as well as various contract disputes and commercial transactions (cases include sales of business, disputes among condominium owners, construction related claims).

Mediated real estate disputes involving disputed easements and claims of adverse possession. Mediated a multi-party suit between condominium owners over destruction to a roof when building competing roof decks. Other issues at mediation included an employment case involving the termination of a bank CEO and another case involving the termination of an employee claiming disability. <br/><br/>Helped settle cases involving disputes over the sale of a business (airline) and a medical practice.

My approach is to get involved before the mediation. I speak to counsel beforehand to learn their insight about their clients and what they believe will help move the case. In those rare occasions when I believe it will be detrimental to settlement, I ask the parties not to do a presentation. Generally my philosophy is to get the parties as involved as possible so they own the result because of the cathartic effect of telling their story. I try to determine early whether money is the primary issue. I also make certain all decision makers, including interested third parties, are involved.

Suffolk University (JD, cum laude-1984); St. Lawrence University (BA, cum laude-1980).

Admitted to the Bar: Massachusetts (1985), Rhode Island (2003); U.S. District Court: Districts of Massachusetts (1985), District of Rhode Island; U.S. Court of Appeals, First Circuit; U.S. Supreme Court (2004).

American Bar Association, Massachusetts Bar Association; Rhode Island Bar Association.

Spoken at seminars about trial advocacy, tactics and procedure. Also given lectures on subjects ranging from products liability, maritime law, insurance coverage and environmental law.

$375 Per Hour

English

United States of America

Boston, MA