David Gallo Co-Authors Arbitration Chapter of the 2024 Edition of Georgia Business Litigation
Aug 28, 2023
Overview
Parker Hudson neutrals have consistently earned recognition for their impartial, cost-effective, and professionally delivered neutral services in a variety of complex, high-stakes commercial arbitrations and mediations — typically with millions, and at times billions, of dollars at issue for the parties.
Parties select Parker Hudson neutrals because of their extensive experience as advocates and neutrals in litigation and arbitrations, their knowledge in a broad range of commercial law issues, and their depth of knowledge of state and federal rules of evidence and ADR rules and procedures. As arbitrators, Parker Hudson neutrals are well-acquainted with and committed to the goals of arbitration – to achieve a just, expeditious, and cost-effective outcome to the maximum possible extent. They have hands-on experience and proven efficiency in controlling the pace of discovery, ruling on evidentiary issues, and drafting comprehensive and well-considered arbitration awards.
As mediators, Parker Hudson neutrals have served in a wide array of commercial disputes, many of which arise out of or relate to business bankruptcy cases. Those mediations include disputes arising under franchise agreements, intellectual property disputes, claims asserted by participant banks against lead or administrative agent banks, suits on guaranties, avoidance actions (including those arising out of Ponzi schemes), equitable subordination matters, Chapter 11 plan confirmation matters, securities brokerage industry disputes, and disputes involving officer and director liability. Parker Hudson mediators have successfully guided parties in numerous commercial disputes, with a high degree of complication and contentiousness, to achieve creative settlements when the stakes were high and odds for a consensual resolution appeared to the parties to be low.
Parker Hudson has representation on the roster of neutrals maintained by the American Arbitration Association and the International Centre for Dispute Resolution. Firm members are also actively involved in ATLAS -- the Atlanta International Arbitration Society.
The advantages that firm neutrals offer include:
- Extensive subject matter knowledge in a vast array of commercial matters
- A well-deserved reputation for excellence, fairness, and integrity among many institutional consumers of ADR and their in-house and outside counsel
- Extensive experience in serving as neutrals in challenging controversies throughout the United States as well as in matters involving one or more foreign entities
- Cost-effective pricing, with rates and fee arrangements that provide exceptional value to ADR participants
Experience
- Mediated global resolution of various disputes and claims arising out of a $48 million Ponzi scheme, including claims asserted against the Chapter 7 bankruptcy estates of entities through which the Ponzi scheme was perpetrated, claims against the Ponzi scheme perpetrator's decedent's estate (he committed suicide after the Ponzi scheme was discovered), claims asserted by the Securities and Exchange Commission against the bankrupt entities and the decedent's estate, threatened investor claims against the spouse of the Ponzi scheme perpetrator (who received substantial life insurance proceeds), claims of the Chapter 7 trustee and various investors against a life insurance company alleged to be involved in the Ponzi scheme, and claims asserted against the Chapter 7 estates, the decedent's estate, and various other parties by a company in which the Ponzi scheme perpetrator orchestrated some of the fraudulent activities.
- Mediated $1 billion claim arising out of the one of the nation's largest Ponzi schemes and asserted by the liquidating trustee under the Ponzi debtor's Chapter 11 plan against numerous individuals and entities for receipt of Ponzi scheme proceeds and profits, with a settlement in the high eight figures.
- Mediated claims for alleged breach of fiduciary duty and aiding and abetting breaches of fiduciary duty by individuals serving as fiduciaries of a post-confirmation liquidating trust in Florida for having filed claim exceeding $750 million in a separate Chapter 11 case of Ponzi schemer and having the alleged effect of diluting liquidating trust claims against the Ponzi schemer's estate.
- Mediated dispute involving various claims to relics of shipwreck, including claims asserted by various investors in the Chapter 11 debtor, an ad hoc group of secured creditors, and the U.S. Department of Commerce (represented by the United States attorney), as well as disputes regarding the Chapter 11 debtors' disposition of the relics under methodologies and procedures objected to (on different grounds) by the equity committee and creditors committee.
- Mediated preference and other avoidance actions brought by Chapter 7 trustee in New Jersey bankruptcy against a large passenger airline and others for recovery of amounts in excess of $100 million.
- Mediated liquidating trustee's efforts to rescind a $15 million settlement agreement with a bank for alleged fraud in the inducement and fraud on the court resulting from an alleged withholding of documents prior to initial settlement and assertion of damages claim, as well as the bank's defense that rescission and all claims were released pursuant to a broadly-worded settlement release.
- Mediated Chapter 7 trustee's efforts to claw back false profits received by numerous retiree defendants in Florida and other investors in New York and Connecticut arising out of the Ponzi scheme of a Connecticut businessman.
- Mediated Chapter 11 trustee's opposition to proofs of claim filed by various Ponzi scheme victims, who had recovered on their claims through litigation against third parties, in Chapter 11 bankruptcy case of a law firm found to have perpetuated a $1 billion Ponzi scheme in Florida, and settlement through plan of liquidation.
- Mediated formulation of Chapter 11 plan involving Chapter 11 agri-business debtors in North Carolina, owners of the debtors, competing secured creditors with overlapping liens on collateral of farming operations, trust claims of PACA claimants, and allocation of payment responsibility among debtors, with significant participation by Bankruptcy Administrator.
- Mediated claims asserted by creditors committee on behalf of a liquidating estate against officers, directors and shareholders for equitable subordination, recharacterization of debt as equity, rights of contribution, equitable subrogation and related matters.
- Mediated substantial claims asserted by trustee for the Chapter 11 estate of a Ponzi schemer in Orlando, Florida, against a bank for recovery of transfers allegedly received by the bank in connection with the Ponzi scheme and for alleged aiding and abetting by the bank; as well as additional claims asserted by the Chapter 11 trustee against numerous other financial institutions.
- Mediated multiple disputes and claims arising out of Chapter 11 case pending in Alabama, including enforcement of $20 million arbitration award, fraudulent transfer claims, objection to debtor's exemptions, objection to debtor's discharge of indebtedness, motion for extension of exclusivity period for plan, and motion seeking standing to assert estate claims in Alabama.
- Mediated disputes between lead lender and participant bank regarding allegations by participant that lead lender mishandled loan administration and foreclosure on borrower collateral, in Louisiana; and a substantially similar case in Arkansas.
- 14. Mediated global resolution of disputes and claims in Chapter 11 case pending in North Carolina, including False Claims Act claims of the United States, claims of the State of North Carolina for false reporting, claims for fraud and misrepresentation by purchaser of Chapter 11 debtor's business (a healthcare company) seeking recovery of damages in excess of $10 million; and defamation claims asserted by the Chapter 11 debtor against certain officers and employees of purchaser.
- Mediated fraudulent transfer and damages claim asserted by Illinois federal receiver against various third parties, including Florida law firm.
- Served as mediator in a federal district court action brought by a bank against the makers of promissory notes; a counterclaim by the defendants for tortious interference with contractual relations; and an asserted indemnity claim of the plaintiff against the FDIC under a purchase and sale agreement of the predecessors bank's assets.
- Mediated sizeable claims and counterclaims asserted by Japanese and Canadian companies against one another arising out of alleged breaches of a distributorship agreement.
- Served as court-appointed mediator of adversary proceeding in Delaware Chapter 11 in which Chapter 11 debtor sought recovery of consigned goods, claiming that the defendant's security interest in the goods was unperfected; and the defendant's counterclaim asserting $2 million for breach of contract by the debtor and breach of bailment obligations.
- Mediated resolution of competing Chapter 11 plans, one (for reorganization) proposed by court-appointed restructuring officer of Chapter 11 debtor and the other (for liquidation) by the holder of a secured claim against substantially all of the debtor's assets.
- Mediated claims asserted in state court litigation by a creditor against an obligor on a defaulted real estate loan as well as two financially strong guarantors for recovery of amounts exceeding $30 million.
- Mediated dispute arising among shareholders without a buyout agreement, facing state court dissolution of the of the highly successful business threatened in the absence of settlement.
- Mediated state court action between two banks regarding responsibility for clearance of check in check-kiting scheme.
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