Areas of Practice

 

Jerome Allan Landau has served as a professional Mediator in numerous large (multi-million dollar) and smaller commercial, business and other disputed matters in a wide variety of industries, including many set forth in depth in the Areas of Practice “Business and Commercial Attorney” and “Litigator” fields.

There are ongoing professional discussions amongst attorneys as to which is more important, retaining an experienced Mediator or a Mediator experienced in the subject industry. Jerome suggests that both are valuable and requests your attention to the aforementioned “Business and Commercial Representation” for full length outline setting forth his actual “hands-on” business experience and his extensive services as legal counsel compliment his skills as a professional Mediator.

Jerome’s education, expertise and experience have been recognized through his being certified to the Mediation Neutral Panels of the American Arbitration Association, Constructions Dispute Resolution Services and US Arbitration and Mediation. He is certified to membership in the National Academy of Distinguished Neutrals (“NADN”) and the International Mediation Institute (“IMI”, the Hague).

His experience includes multiple years’ service as a Superior Court Judge Pro Tem, by the American Arbitration Association (“AAA’), AAA Mediator certification, and certification to the Mediator Neutral panels of CDRS, US A&M and others. He is a Member of both the National Academy of Distinguished Neutrals and the International Mediation Institute (the Hague). Mr. Landau has taught numerous programs for U.S. and international ADR professionals (Mediators and Arbitrators); including programs for the AAA, six annual programs of international Advanced Commercial Mediation Institute, the international Association for Conflict Resolutions and others. He has twice been an invited Presenter at the United Nations.

Jerome’s experience and training as a professional Mediator have been bolstered through extensive programs presented by such organizations as the American Arbitration Association (“AAA’), Construction Dispute Resolution Services (“CDRS), US Arbitration and Mediation (“US A&M”), the international Association For Conflict Resolution (“ACR”), the American Bar Association (“ABA”) Alternate Dispute Resolution Section, the ABA Litigation Section, the ABA International Section, the State Bar of Arizona Alternate Dispute Resolution Section, the Civil Court of New York, and others.

Jerome has also written and presented numerous programs for professional Mediators and Arbitrators through many professional forums, including the American Arbitration Association, the Association for Conflict Resolution, , the State Bar of Arizona Alternate Dispute Resolution Section, the Arizona Dispute Resolution Association, the Maricopa County Association of Family Mediators, the United Nations (twice an invited Presenter) and others. Jerome Co-Chaired and presented at the Advanced Commercial Mediation Institute’s (“ACMI”) six annual two day international mediation programs. ACMI was co-sponsored by the AAA and Harvard Law School’s HNII and the AAA gave full A.C.E. credit to any AAA Arbitrator or Mediator who attended ACMI.

 

Arbitration clip I

Arbitration clip II

 

Jerome Allan Landau is a professional Arbitrator.  He has arbitrated court and private matters in a wide variety of business and industries since first being trained in the 1970s as an Arbitrator for the New York Civil Court.

There are ongoing professional discussions amongst attorneys as to which is more important, retaining an experienced Arbitrator, or an Arbitrator experienced in the subject industry. Jerome suggests that both are valuable and requests your attention to the Areas of Practice “The Business and Commercial Attorney” and “Litigator” sections herein. These set forth his extensive Business and Commercial Representation and litigation experience which compliment his skills and experience as a professional Arbitrator.

Among those industries are included commercial, business, healthcare/medicine, real estate and construction. Jerome’s experience and training in domestic and international arbitration tools, techniques and procedures have been expanded through multiple programs presented by such professional organizations as the American Arbitration Association (“AAA’), the US District Court, Construction Dispute Resolution Services (“CDRS), US Arbitration and Mediation (“US A&M”), Construction Arbitration Services (“CAS”), the international Association For Conflict Resolution (“ACR”), American Bar Association (“ABA”) Alternate Dispute Resolution Section, the American Bar Association (“ABA”) Litigation Section and International Section, the State Bar of Arizona (“SBA-ADR”) Alternate Dispute Resolution Section, the Civil Court of New York, and others. He has also written and taught programs for the AAA, ACR, SBA-ADR, the United Nations and other professional ADR organizations.

Jerome’s education, expertise and experience have been recognized through his professional certifications and membership, including the AAA (certified Arbitrator – multi-Neutral Panels), CDRS, US District Court (Arizona), CAS, US A&M and the Civil Court (New York).

Jerome has been invited to Membership in the prestigious National Academy of Distinguished Neutrals (“NADN”).

In addition to conducting arbitration hearings “administered” through the AAA and other of the above Administrators, Jerome is also retained by counsel and parties to serve as a “non-administered” Arbitrator.

Closely akin to the services of a Mediator, the services of a Group Facilitator involves working with groups of persons who have a common goal or interest, such as the survival of an entity, accomplishment of a project and so forth, yet might hold greatly differing thoughts on its accomplishment or execution.

The Group Facilitator’s goal is to create a “safe space” where a group can meet and confer towards recognizing their commonalities, acknowledging the differences and achieving resolutions that better serve the overall Group to accomplish its purpose.

Jerome’s in depth Facilitation training was accomplished through multiple professional programs created and presented by the international Institute of Cultural Affairs (“ICA”), which traces its history back to 1962 when it was known as the Ecumenical Institute.

In the realm of Facilitation the ICA and Jerome hold a similar mission: “To strengthen the capacities of organizations, communities, and individuals to build and implement innovative plans of action that draw upon assets and social capital in a collaborative manner.” Commonality of interests concurrent with a challenge of methods, routes and implementation – fallow ground for the services of a Facilitator.

Examples of groups benefitting from Facilitation of conflicts are

• For-profit and non-profit professional and commercial entities (e.g. Boards of Directors; Shareholder and Member ownership groups with conflicts regarding direction, acquisitions, capital expenditures, etc.).
• Employer and employee challenges; conflict between corporate executives and line-staff; Industry and government representatives (e.g. establishing proposed government regulations); Medical partnerships (e.g. medical doctor/partners experiencing severe conflict threatening the survival of the practice).
• Professional groups (e.g. annual national two day healthcare conferences with attendees exceeding 80 medical doctors, osteopaths, hospital administrators and healthcare professionals, goaled with creation of “White Papers” for the President’s Medical Council, the Departments of Medicare and Medicaid and specific Congressional and Senate offices.).
• Public and governmental entities and citizen groups;
• Government departments and intergovernmental entities;
• Church groups (e.g. Church Board of Trustees and Congregation conflict threatening the continued existence of the Church).
• Construction and development projects for team building (e.g. owner, contractor and sub-contractor interrelationships, communication skills and establishment of dispute resolution pathways and agreements);
• Construction Dispute Review Boards (“DRB”) generally established prior to construction to be ready to facilitate resolution of conflict during construction).

There are ongoing professional discussions amongst attorneys as to which is more important, retaining an experienced Mediator or a Mediator experienced in the subject industry.

Jerome suggests that both are valuable, and submits the following examples of his “hands-on” business and legal experience over a forty year period, representing clients in a variety of industries. These experiences support and compliment his experience and skills as a professional Mediator, Arbitrator and Facilitator:

PRACTICAL BUSINESS AND COMMERCIAL EXPERIENCE

• Principal (practical “hands-on” business experience as a Founding Managing Partner and in-house legal counsel) in five firms conducting business in the United States and internationally:
  • Jerome Allan Landau, Attorney, Arbitrator, Mediator: national and international representation of business, commercial and governmental clients in a variety of industries. Formerly offices in New York and London. Service as Arbitrator or Mediator of disputes in a variety of industries including many listed below. Assisted in establishing one of the world’s first international partnerships of law firms with member law firms and Correspondent Offices in major cities worldwide.
  • Dispute Solutions LLC: mediation, arbitration and large Group Facilitations (larger groups included attendees exceeding 90 professionals.)
  • Peregrine International Inc.: international corporate, banking and government security, bank and financial investigations, counter-industrial and counter-computer espionage, loss retrieval and security programs.
  • Euram Enterprises Inc.: international product trading company. Formerly offices in London and New York.
  • Camille Arts, Inc.: Art publishing. Formerly offices in London and New York.
• Business and Commercial clients: legal counsel to local, national and international business entities (corporations, limited liability companies and partnerships)and their leadership.
  • International Business and Commerce:
    • Service as legal counsel and advisor U.S. and international firms based and/or doing business in Canada, Europe, Far East, India, Iran, Korea, Middle East, Nepal, People’s Republic of China, Taiwan.
    • Legal counsel and/or advisor to the Country of Bhutan, its United Nations Mission and Ambassadors, and Members of its Royal Family, government, internal security and military.
    • Legal counsel and advisor to the 900 year old Kagyu Lineage of Tibet.
    • Consulting with and teaching U.S. Commercial Laws to Italian attorneys.
    • Serving the clients of an English law firm with their business matters in the U.S. marketplace.
    • Representing an Italian manufacturer, and its U.S. distributor, sued for trademark infringement in U.S. District Court.
    • Assisting in drafting the articles and the establishment of an international partnership of law firms based in major world cities.
• Example of Industries and Services (alphabetical):
  • Business and commercial transactions: negotiations, contracts, licensing, mergers, purchases and acquisitions (entities, assets), finance (see below), letters of credit (U.S. and globally).
  • Construction and Development: See Areas of Practice “Real Estate, Construction and Brokerage” section.
  • Educational Institutions: establishment and maintenance of child care, pre-school, charter school and similar institutions (including religious); advocacy before State Attorney General and Department of Health Services
  • Entertainment, Publishing and Art:
    • Motion picture and legitimate theatrical productions.
    • Broadway bound production (production contracts and financing).
    • Composers, lyricists and performance artists (Broadway, off-Broadway, Brooklyn Academy of Music and other venues).
    • Authors: fiction (New York Times multi-best seller) and non-fiction.
    • Graphic and Photographic Artists.
    • European art publishing firm.
    • Examples of Clients represented:
      • Gerald Browne (New York Times multi “Best Selling” Author.
      • International choreographers and dance companies (Twyla Tharp Dance Company, Laura Dean Dancers and Musicians).
      • Olympic ice skating Gold Medalist John Curry.
      • Service as a Judge at a televised international ice skating competition held in New York’s Madison Square Garden.
  • Environmental and Energy Resources: dispute resolution; representation of Canadian solar firm; consultant regarding international solar panel manufacturer’s acquisition of “off-shore” government licenses and related contracts.
  • Equine Industry: riding facilities, horse owners, contractual and liability disputes.
  • Family Partnerships: business issues and disputes; dissolution/distribution of marital assets (e.g. assets exceeding $20,000,000).
  • Finance: Contracts, Lender and Guarantor Issues, Creditor-Debtor disputes, debt negotiations and settlement, Brokerage and related Matters; real estate finance matters (commercial, industrial, resort, residential properties); national and international representations; Investors; short-sale and foreclosure issues; options.
  • Federal Drug Administration (“FDA”) – challenges to “medical device” designations.
  • Franchise Industry: business counsel and/or litigation counsel for franchisors and franchisees; Member (former), ABA Franchise Law Forum.
  • Healthcare and Medical Industry: representation of Medical doctors/osteopathic physicians, chiropractors, homeopathic and naturopathic physicians, national Medical Foundation, medical clinic (contract, coding, billing and insurance, employee issues.) Medical Groups: local and national service as Mediator and Group Facilitator on behalf of diversified medical groups (e.g. neurologists, neurosurgeons, perfusionists, dental, anesthesiologists) experiencing conflict among partner physicians, ownership and/or staff ; Panelist: American Arbitration Association Health Care Neutral
  • Insurance: contracts, disputes – policy holder and carrier, inter- carriers, bad faith, and fraud.
  • Intellectual Property: trademark, copyright and royalty litigation; mediation and arbitration; trademark infringement litigation (e.g. representing US and international clients in litigated cases in the U.S. District Courts for the Eastern District and Southern Districts of New York) including litigated lawsuits suits brought by “Lacoste Izod” and other European trademark holders.
  • Investigations: Large and complex financial and business investigations; former U.S. Treasury Department Financial Investigator/Special Agent; national Coordinator of project deemed “largest of its kind”; multiple C.C.I.M. finance programs.
  • Labor and Employment: employer-employee disputes and claims; ombudsman services.
  • Non-Profit Organizations and Tax Exempt Entities: include Establishment and maintenance of non-profit organizations Churches, religious, cultural, education, medical, health care, performing arts and others securing tax-exempt status and “umbrella exemptions”; counseling Boards of Directors and Trustees; mediating internal Board disputes and Board-employee disputes, labor law and employment issues.
  • Real Estate: Properties included commercial, industrial, ranch, land, resort/hotel and residential (see Real Estate, Brokerage and Construction category below). Legal Services and representation included:

    Litigation of ownership and related disputes.
    Transactions: purchase, sale, federal land trade.
    Finance, contracts, Lender and Guarantor Issues, Creditor-Debtor disputes, Letters of Credit, debt negotiations and settlement, Brokerage and related securities matters and disputes; commercial, resort, residential properties; national and international representation included prospective and existing borrowers or lenders; Real Estate and Business Financial Transactions: Investments, short-sale and foreclosure issues, contracts on behalf of lenders and borrowers, options); multiple C.C.I.M. finance programs. Hazard and other insurance issues.
    Torts, trespass, eminent domain, etc.
    Federal land-trade.
    Contract negotiations.
    Sales and leasing of office, commercial and industrial buildings, vacant land, residential properties, hotel/resort and ranches.
    Representation of Investors and Investment Groups.
    Lease negotiation and drafting (commercial, land, residential).
    Representation of Arizona real estate Brokerages (and formerly Arizona’s largest Brokerage), contractors, sub-contractors.
    Litigation and arbitration of disputes in the above areas.

• Law and Litigation: local, national and international investors, buyers, sellers, lessors and lessees, brokers, developers, agents, contractors, sub-contractors, inspectors.
  • Properties included commercial, ranch, land, resort/hotel and residential properties.
  • Legal and/or ADR Services included:
    • Litigation and arbitration of ownership and related disputes.
    • Transactions: purchase, sale, land trade, negotiations.
    • Hazard and other insurance issues.
    • Torts, trespass, eminent domain, etc.
  • Federal land-trade.
  • Negotiations and contracts.
  • Sales and leasing of office, commercial and industrial buildings, vacant land, residential properties, hotels, resorts and ranches.
  • Lease negotiation and drafting (commercial, land, residential).
• Representation of Investors and Investment Groups.
• Arbitration and Mediation of Construction disputes (e.g. defects, fraud, breach of contract matters). – privately and through the administration services of the American Arbitration Association and other national Administrators. Construction and other project Dispute Review Boards (CDRS Construction DRB Certified).
• Real Estate and Business Brokerage, Contractor Training, Licenses:
  • Industry experience: 30+ years real estate industry experience.
  • Properties: commercial, residential, land, resort properties
  • Locations: New York, Arizona, California, United Kingdom.
  • New York: Licensed Broker (former); Principal, New York Brokerage firm
  • Arizona: Licensee – Arizona Department of Real Estate Licensee (26 years);
  • Arizona: Legal counsel and adviser to Arizona Real Estate Brokerages (including, at one time, Arizona’s largest State Brokerage.)
  • Member National Association of Realtors (24 years) Graduate – Realtor Institute (National Association of Realtors).
  • Education and Training: real estate, contracting, finance education programs (attended or taught 700+ hours).
  • Contractors’ Business and Materials Training (satisfying educational requirements for Contractor’s Licensure;)
  • Instructor: Arbitration and Mediation program – Arizona School of Real Estate and Business.
  • C.C.I.M. (NAR): Multiple C.C.I.M. financial courses.
• Environmental and Energy Resources:dispute resolution; representation of Canadian solar firm; consultant regarding international solar panel manufacturer’s acquisition of “off-shore” government licenses and related contracts.

Service as lead trial attorney/litigator, Judge Pro Tem, Mediator and/or Arbitrator:

Business and Commercial litigated matters have included, but are not limited to many of those listed in the “Business and Commercial Attorney” section):

• Director, shareholder, partner, employee disputes.
• Breach of contract.
• Breach of fiduciary and derivative actions.
• Financial fraud and embezzlement.
• Employee defalcation, theft, breach of contract, breach of restrictive covenants.
• Trade regulation disputes – non-competition, non-solicitation and non-circumvent.
• Intellectual Property:
  • Multiple U.S. District Court U.S. Trademark litigated matters (e.g. Lacoste Izod and other international Marks);
  • Copyright Infringement (e.g. U.S. District Court action against television Production Companyfor breach of Client’s literary copyrights; Ninth Circuit appeal.
  • Trade secret and proprietary information.
• Business acquisitions and transactions (breach of contract related to sale/purchase, mergers).
• Distribution agreements.
• Construction – contract, defects, warranties, etc.
• Real Estate – purchase/sale; breaches; defects; warranties.
• Fee disputes – legal, medical, construction, royalty.
• Provisional remedies – restraining orders, injunctions, receiverships.
• Franchise (counsel on behalf of franchisor and franchisees.
• Facilitator of franchise groups to minimize/prevent disruption of franchise activities.
• Insurance disputes – medical, property, personal injury; litigation, mediation, arbitration.
• Multi-Level Marketing programs – establishment, down-line litigation and arbitration.
• RICO claims.
• Product and premises liability.
• Torts (prosecution and defense – slander, libel).
• Personal Injury: prosecution and defense; lead counsel in trials related to brain damage, paraplegia, serious soft-tissue injuries; million and multi-million dollar verdicts and settlements (post and pre-trial).
• Judge Pro Tem: Settlement Conferences.
• Trust and Estate matters: Probate Court certified Mediator.
• Family Partnership Disputes; Intergenerational Disputes; Family Dissolutions (e.g. assets exceeding $20,000,000.)Essentially “commercial disputes” with assets often including businesses / professional practices, real estate, securities portfolios, options, autos, planes, boats etc.)

Litigated matters included service as plaintiffs’ and defendants’ counsel in U.S. District Courts (SDNY, EDNY, Arizona); New York State Supreme Court (New York City; Nassau County); Arizona Superior Court (Maricopa, Yavapai County); in a variety of industries, including many set forth in above and in the Areas of Practice “Business and Commercial Attorney” section.

Service as Judge Pro Tem, Mediator and Arbitrator (in a variety of commercial matters.).