Representative Matters

Representative Matters

Arbitration

“Thank you for a most difficult job which you accomplished with great calmness

and purpose.”

Semisubmersible Production Platform and Mooring System
  • arbitrator in international ICDR dispute arising from engineering and construction of hull and mooring system; issues regarding changes, acceleration, and warranty; over two weeks of hearing; $200MM in claims
International Distribution Contract
  • chair of panel  in international ICC dispute arising from contract between US manufacturer and European distributor; one week hearing
Steam Supply Contracts
  • solo arbitrator in dispute between cogen plant and chemical plant; issues regarding economic dispatch of cogen facility; one-week hearing
  • panel member in dispute involving shared steam supply between adjacent refineries; issues regarding pricing mechanism; three weeks of hearing
Refinery Construction
  • chaired arbitration panel in dispute arising out of contract to expand petrochemical refinery
Design and Construction of Chemical Plant
  • chaired ICDR arbitration panel in dispute arising from EPC contract; two weeks of hearing; almost $200MM in claims; claims for acceleration and delay
Valuation of Contract for Manufacture of Chemical
  • ICDR panel; over $100MM in dispute
Insured Trade Credits
  • dispute arising out of large dollar trade credit agreement and related insurance policy
  • two-week hearing
Ball Park Construction
  • one of three neutrals selected to arbitrate all disputes arising out of construction of major league ball park
  • Two separate hearings on a dozen issues
Computer Software
  • three-week  hearing of trade secret dispute concerning alleged theft of computer software design; $80MM claim
Medical Insurer
  • one of three CPR arbitrators in contract/antitrust dispute between healthcare insurers
Medical Device Joint Venture
  • dispute arising out of joint effort to develop medical device
  • alleged breach of contract, theft of trade secrets, fraud, and antitrust violations
  • six-day hearing in Palo Alto, California
  • solo CPR arbitrator
Executive Severance
  • claims by former President, CFO, and General Counsel for denial of severance benefits
  • four-day hearing
CPA Engagement
  • chaired CPR panel deciding indemnity dispute between major accounting firm and client
Airline Capacity Purchase Agreement
  • chaired panel deciding contract dispute between airlines regarding capacity purchase agreement; established block hour rates and dealt with cost allocation issues
  • six-day hearing
Apartment Construction Dispute

  • panelist in arbitration of 12-party dispute regarding large apartment complex in New Orleans

Electricity and Steam Contracts
  • chaired CPR panel in arbitration of damages issue arising out of termination of long-term contracts
Refinery Purchase Agreement
  • panelist in buyer-seller contract dispute arising out of sale of petrochemical refinery

Mediation

“I have been involved in a number of mediations but never have I been as

impressed with the professionalism, demeanor, integrity and effectiveness as in

this last 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 international 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 international 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