Mediation

Pipeline Explosion/Business Interruption

• Pipeline explosion impeded refinery’s ability to deliver products to market
• $500 million alleged damages
• 2-day mediation in Seattle preceded by several advance meetings with counsel

High-Dollar Employment Dispute

• $35 million contract claim pending in London’s Commercial Court
• mediated in London

Semisubmersible Drilling Rig Dispute

• London arbitration involving lease of rig between two drilling contractors; over $100 million in dispute
• 2-day mediation

Frequent Flyer Class Action

• consumer class action vs. airline regarding changes in frequent flyer program
• 5 days of mediation in Chicago; three sessions

Contract dispute between Port of Houston, landowners, and chemical companies

• complex renegotiation of 30 year-old contract governing terminal fees, responsibility for terminal development and maintenance, and land ownership rights
• 3 days of mediation

Travel Rebates

• class action against several major accounting firms regarding travel rebate programs
• multiple mediation sessions in Houston and Washington, D.C.

Computer Chips

• 3-day mediation involving two leading manufacturers of computer chips
• breach of contract/patent infringement
• required renegotiation of license agreement

Director and Officer Liability

• fiduciary claims brought by trustee of bankrupt corporation against former directors and officers
• seven layers of insurance
• 3 days in Dallas

Computer Software Design/Implementation Contract

• two-day mediation between large hospital and software supplier regarding database system for patient records

Turbine Generator Failure

• 5-party, 3-day mediation involving Mexican refinery, French turbine generator manufacturer, Texas distributor, and others
• three engineering consultants participated throughout the mediation

Pension Fund Investment Fraud

• 4-day mediation in Phoenix, Arizona; 14 parties

Gas Turbine Failure

• Contaminants in gas supply damaged turbine at cogen plant
• 4-party mediation over 3 days

Aircraft Parts Dispute

• contract dispute between aircraft manufacturer and a supplier of critical parts
• settlement of past damages claim and renegotiation of long-term prices and terms

Asbestos Litigation

• 5-day mediation
• 4,000 plaintiffs vs. 50 defendants
• McGowan led two-person mediation team

Telephone Antitrust Case

• monopolization claim vs. foreign telephone company
• alleged monopolization of long distance service between foreign country and U.S.

Law Firm Split

• departure of entire section of large law firm
• dispute regarding severance rights of departing attorneys and damages to law firm

Royalty Dispute

• owners of significant royalty interest vs. major oil company regarding royalty calculations—price on which royalties measured and deductions for expenses; over $30 million in dispute
• settlement of past royalties and future relationship

Price-Fixing Case

• purchaser of chemicals vs. defendant who allegedly engaged in conspiracy to fix price of chemicals; mediated in Washington, D.C.

Securities Fraud/ERISA/Derivative Plaintiffs Litigation

• officers and directors of large Midwest utility allegedly engaged in fraud and self-dealing
• mediated shareholder class action, pension plan beneficiaries’ ERISA class action, and shareholder derivative case
• three mediation sessions in New York; five days of mediation

Construction Dispute:  City Building

• bad foundation in 10-story building
• co-mediated with non-lawyer, construction expert
• City vs. contractor, architect, and several subcontractors

Liability Insurance Dispute

• 12 parties–insured and 11 insurers
• $90 million dispute
• defense and indemnity coverage for asbestos personal injury claims spanning thirty years
• pro rata allocation vs “all sums”
• past and future coverage
• three mediation sessions; four days of mediation

Chip Price-Fixing

• 8 parties
• alleged international cartel
• two sessions in San Francisco
• several opt-out plaintiffs