Mar 18, 2019
Arbitration and mediation represent an opportunity for your business to resolve a dispute efficiently and cost-effectively. Clients trust our team to make the most of that opportunity by thorough preparation for both arbitrations and mediations, informed selection of the arbitrator or mediator to serve in the neutral role, forecasting the range of potential outcomes, and developing creative strategies for obtaining an optimal arbitration award or settlement resolution.
The litigators at Parker Hudson are highly experienced in both arbitrations and mediations. They are well-respected for their thorough knowledge of the applicable rules of procedure, credibility among arbitrators and mediators, and ability to accurately assess the risks and settlement value of a case. The ADR team at Parker Hudson has a track record of consistently achieving positive outcomes for clients in mediation without the need to resort to time-consuming and expensive litigation. And when a trial is unavoidable, our team has a track record of winning results for its clients. The partners in our ADR group have tried hundreds of arbitrations before the NASD, the NYSE, FINRA, the American Arbitration Association, and other alternative dispute resolution forums.
Our ADR strategies are outcome-oriented. True to its name, the goal of ADR is to resolve disputes efficiently and economically and, in the case of mediations, with a full appreciation of the realistic alternatives that confront clients in the absence of a settlement. We orient our services toward that goal, preparing diligently to achieve an efficient and effective result. As a result, Parker Hudson has achieved outstanding results for its clients in mediations and in arbitration proceedings.
Our approach includes:
- Analyzing cases to foresee potential issues, identify risks, determine likely outcomes, and select the best available mediator, arbitrator, or panel of arbitrators for the specific matter at hand
- Drawing on the insight, experience and judgment of our attorneys who have served as mediators and arbitrators in the past
- Working closely with our clients and using our combined experience and judgment to develop a strategy and game plan for obtaining a resolution that serves the client's business objectives
- Aggressively enforcing our clients' arbitration agreements whenever advantageous to do so
- A deep bench of first-chair trial ability, including personal attention from experienced partners in every matter
- Efficient staffing, with one partner, one associate, and one legal assistant typically assigned to each case
- Bench depth at every level
In March 2013, Parker Hudson was named “Litigation Department of the Year" in Commercial Litigation by Atlanta’s Fulton County Daily Report. The attorneys on our ADR team include multiple Lawyer of the Year designees and a member of the American College of Trial Lawyers.
While much of our work is on behalf of banks, securities brokerage firms, investment advisors, and other financial institutions, we also represent a wide range of public, private, and international entities in other industries. Additionally, we represent individuals who have entered into ADR agreements. Any person or business with ADR agreements in place — whether with clients, customers, employees, or other third parties — can benefit from our ADR solutions.
- Served as lead counsel on behalf of a national broker/dealer client in a series of FINRA arbitrations arising out the departure of multiple employees following the client's sale of its wealth division. The firm filed individual arbitrations to recover amounts owed by the former employees and defended against their various employment-related counterclaims. The firm was successful in recovering over $16 million for the client and defeating more than $17 million in claims against the client.
- Served as lead counsel for our broker/dealer client in a series of cases arising out of a third party's alleged ponzi scheme. The broker/dealer client successfully defeated claims filed in Federal District Court in New York and California and in three FINRA arbitrations and recovered attorneys' fees in two of the arbitrations.
- Represented a national broker/dealer in defense of a FINRA arbitration filed by a former employee of the client alleging wrongful termination, U-5 defamation, and disparate treatment. The former employee sought over $11 million in compensatory damages and punitive damages. After the claimant rested, the Panel unanimously granted the client's motion to dismiss and denied the claimant's claims in their entirety.
- Served as lead counsel in a FINRA arbitration defending claims for $19 million based on alleged improper withdrawals by a trustee from a trust account. After a week-long evidentiary hearing, a panel of three arbitrators rejected the claims and awarded our client $500,000 in legal fees.
- Represented a financial advisor and successfully defeated claims brought by the advisor's former client for violations of the Securities Exchange Act of 1934, breach of fiduciary duty, fraud, and violation of New York's deceptive acts and practices act. The claimant sought to recover over $665,000 plus punitive damages. After more than a year of arbitration proceedings before FINRA, the claimant dismissed the claim with prejudice and recovered nothing.
- Served as lead counsel for a world renowned landscape architect in a post-settlement JAMS arbitration between the client and his former business partners, a Chinese architect and a French urban planning professional, all of whom previously operated a very successful multi-disciplinary commercial design firm in Shanghai, China. During a multi-day hearing before a London-based arbitrator the parties presented testimony from witnesses in Europe, China and the Philippines. Following the conclusion of the arbitration, the arbitrator entered a substantial award in favor of the firm’s client, including broad injunctive relief and a seven figure monetary judgment. The award was confirmed over objection and the client prevailed in an appeal to the confirmation order.
- Served as lead counsel for a major regional bank in a AAA arbitration challenging the bank’s disposition of the assets of a deceased account holder. The claimant pursued claims for alleged fraud, breach of contract, conspiracy, and breach of fiduciary duty. After a litigated hearing during which fact and expert testimony was offered, the AAA arbitrator ruled in favor of the major regional bank on each claim.
- Successfully represented our client, a national franchisor, in both the trial court and before the Georgia Court of Appeals in obtaining an order compelling the arbitration all of the plaintiff's claims in a seven-count, 42-page Complaint. The plaintiff argued that the parties' agreement to arbitrate had been superseded by another contract, but the trial court (Fulton County Superior Court, Business Court) granted the firm's motion to compel arbitration of all claims. The firm then handled the appeal before the Georgia Court of Appeals, which unanimously affirmed the trial court's decision compelling arbitration. The Court of Appeals' decision is reported at Samaca, LLC v. Cellairis Franchise, Inc., 345 Ga. App. 368 (2018).
- Defend restaurant franchisor in joint employer-based claims of sexual harassment and gender discrimination and retaliation in connection with one former general manager and one server. The employment agreements between the two employees and the franchisee required arbitration in New York. One has been resolved, the other is pending arbitration.
- Represent services provider against allegations of employee misclassification and a demand for unpaid overtime wages by employee who had resigned.