Representative Mediations – Phil Cutler

Business Torts

5-figure dispute between real estate brokerage firms….6-figure dispute between insurance benefit plan specialist and former employer.

Commercial Leasing

7-figure dispute between mall-owner/landlord and anchor tenant concerning tenant’s move at end of lease term to competing mall

Construction

7-figure dispute between prime contractor (for itself and on behalf of numerous subcontractors) and quasi- governmental entity/owner involving contractor’s claims for defective plans…..6-figure dispute between state agency/owner and prime contractor and surety and between prime contractor and six subcontractors involving claims of defective construction…..6-figure dispute between municipality and contractor concerning contractor’s claims for extra work on road project…..5- figure dispute between contractor and owner concerning contractor’s performance of home remodeling contract.

Distributor Termination

6-figure disputes (claims and counterclaims) between manufacturer and distributor arising from manufacturer’s termination of distributor…..5-figure dispute between national auto rental company and local operator concerning wrongful termination claims arising from termination of implied franchise.

Employment

Variety of 5 and 6-figure employer/employee disputes concerning sex, race and other discrimination claims arising out of employment relationship or termination, including claims involving EEOC as plaintiff or intervenor; dispute between plaintiffs in gender discrimination case involving payment of mid- 7-figure judgment by solvent and insolvent sureties, defendant and guarantors of surety bond…..6-figure dispute between physician and putative employer concerning employer’s retraction of employment offer

Fishing Rights

6-figure dispute between fishermen concerning Alaska fishery “quota shares” arising from sale of fishing vessel and associated fishing rights.

Intellectual Property

6-figure patent infringement dispute between established high technology company and start-up company owned by former employees of established company (color printers)…..copyright dispute concerning rights to publish photographs…..7-figure dispute between patent licensor and licensee concerning high technology development/license agreement (wireless communications)…..8-figure dispute between patent- holder and allegedly infringing business concerning business’s alleged theft of patent-holder’s confidential business plans, resulting in loss of patent-holder’s patent-exploitation opportunities and unjust enrichment of business…..dispute between international registered trademark owner and small local competitor concerning name similarity…..numerous software counterfeit/piracy cases.

Labor

Work jurisdiction dispute involving two craft unions, building trades council bargaining agent and school district employer.

Professional Fees

6-figure dispute between executive search firm and public utility concerning executive search fee…..6-figure dispute between law firm and former client concerning law firm’s claim for professional fee…..5-figure dispute between owner and architect concerning architect’s fees….6-figure dispute between school district owner and architect concerning district’s termination of architect’s services..

Real Estate

7-figure dispute between municipality and municipal power utility and landowner concerning landowner’s claims for a cross-canal bridge under early 1900s deed and associated claims for flooding damage…..6-figure dispute between residential buyer, seller and real estate broker over Form 17 disclosures…..boundary line dispute among seller, buyer, adjacent landowner, realty company…..real estate development dispute between joint venture partners…..6-figure dispute between private utility and developer concerning utility’s termination of development agreement.

Securities

6-figure dispute between broker’s former employer and new employer over alleged breaches of non-compete and contractual agreement…..7-figure dispute between client and broker/brokerage firm over alleged violations of suitability requirements and breach of contract.

Trade Secrets

Variety of disputes between employers and former employees and/or their new employers, including disputes among NASD broker-dealers.

UCC Breach of Warranty

7-figure dispute between contractor and micro- tunneling machine manufacturer.

General Business and Commercial

Variety of disputes involving vendors and customers, landlords and tenants, disputing business principals, and others.

Revised 08/03/04