Farber, Eugene I.
Address: 200 East Post Road, White Plains, NY 10601
Lawyer Firm: Farber, Pappalardo & Carbonari
|Areas of Practice||Arbitration, Mediation and Negotiation|
Practice Areas:Arbitration, Mediation and Negotiation- Large Complex Cases- International- Construction- Insurance- Class Action- Real Estate- Intellectual Property- Franchise- Medical- Partnership- Business Disputes- Banking- Financial Services- Energy- Employment
Professional Recognition:- President, College of Commercial Arbitrators – 2012-2013- Chair, American Bar Association Arbitration Committee – 2013-2015- Chair, American Arbitration Association Arbitrator Committee – 2016-present- Member – Board of Directors – Council – American Arbitration Association – 2014-present- Fellow – Chartered Institute of Arbitrators- Certified Member – International Mediation Institute- Fellow – Construction Lawyers Society of America- Member – National Panel of Distinguished Neutrals- Certified Advocate – Japan Commercial Arbitration Association
– Partner, Farber, Pappalardo & Carbonari (and predecessor firms) – 1982-present – Associate Attorney, Weil Gotschal & Manges – 1974-77- Associate Attorney, Moses & Singer – 1978-1981
Over 40 years’ experience as civil trial lawyer and advocate, negotiator, arbitrator and mediator in international, federal, state, administrative, arbitration, and mediation proceedings related to partnerships, energy (oil, gas, coal and solar), malpractice (accountants, attorneys, architects and engineers), franchise, construction, real estate investments and valuations, entertainment, bankruptcy, manufacturing, marketing, product development, finance, banking, securities, aviation, insurance and employee-employer disputes. Arbitration Experience:
Sole arbitrator, chairman, member of an arbitration panel, or counsel to a party in over five hundred arbitrations including multimillion-dollar complex disputes concerning:
Dissolution of law, accounting, construction, architectural, and other professional firms, termination of employment, restrictive covenant and buy-out of partners.
Ownership, licensing and patents for intellectual property including genetic, agricultural and chemical technology and formulas.
Coverage, subrogation, reinsurance, officers and directors, errors and omissions, fidelity, mold, appraisals, property and casualty, health, title, life, fire and malpractice insurance.
Manufacturing and Distribution:
Domestic and foreign products for distribution in the United States and vice versa including jewelry, diamonds, medical equipment, food processing ingredients and machinery, wine, underwear, women’s clothing, shoes, watches, musical instruments, cookies, corn, satellites, baseball bats, perfume, flowers, barbeque grills, cosmetics.
Hedge fund, bank and investment disputes including structured financial transactions, proprietary financial data, valuations of portfolios of securities, sub-prime mortgages, loans, credit card debt, puts and calls and payment of fees regarding real estate and business investments.
Healthcare and Pharmaceuticals:
Development and license agreements and royalty disputes regarding medicines, medical devices, scales, artificial hearts, blood pressure devices and dopplers.
Travel and Entertainment:
Ownership, lease and management of hotels, casinos, luxury cruise ships, airlines and airline rights and duties; ownership and distribution of movies and royalty disputes; ownership and operation of athletic clubs, baseball cards and video distribution; performer disputes including television, theater, athletic and political personalties and their agents; and ownership of works of art (ownership of a Rembrandt painting). Franchise:
Food, chemicals, cabinets, beds, medical equipment, ice cream, and hotels regarding disclosures, performance, payment of royalties and advertising fees.
Hardware, software, applications, websites, data storage and retrieval, payment of fees and alleged defects in IT systems.
Rights to purchase, sell, lease, and encumber, management agreements, options to renew and determinations of fair market value and rent rates; ownership of public and private real estate ventures in Australia, Brooklyn, Denver, Chicago, New York, Tokyo, Mexico City, Paris and Manchester, England.
Churning, suitability, and 10b-5 violations and failure to follow instructions.
Served as mediator in over 750 two-party and multi-party (up to 23 parties) meditations involving claims up to $1 billion related to real estate ownership, commercial landlord-tenant, executive compensation and benefits, wrongful termination, franchise, malpractice by professional firms, construction disputes including claims of defective design and installation, delay claims, and wrongful terminations involving malls, hotels, office buildings, power plants, schools, bridges, and homes, a tunnel, a jail, coal distribution, purchase and sale agreements, hedge funds, mineral rights, licensing and participation agreements, maritime and railroad transport, airplane and helicopter construction, university-faculty-student, literary agents, personal injury disputes, disputes between municipalities and their hospitals; disputes between government entities such as school districts and housing authorities and architects, engineers, contractors and construction managers; between major accounting and law firms and former partners; between entertainers and agents, and among owners, architects, general contractors and subcontractors. Mediated a case live on the Oprah Winfrey Show. Alternative Dispute Resolution Training:
Served as faculty to train arbitrators, mediators, advocates and users for:- American Arbitration Association – New arbitrator Core Training- International Centre for Dispute Resolution – New arbitrator Core Training- Columbia Law School – Chartered Institute of Arbitrators – International Arbitration Course- Chair – Managing a Successful Arbitration (32 programs across the country)- Co-Chair – American Bar Association – Advanced Arbitration Training Institute (Discovery in Complex Arbitration, Motions, and the Award)- Numerous Bar Associations and Law Schools. Topics included: Arbitrate or Litigate? Ethics and DisclosureThe Jurisdiction of an Arbitrator The International or Commercial Rules?Motions in Arbitration Managing a Class ArbitrationArbitrator Fitness (Webinar) Dealing with Delay TacticsDifficult Ethical Issues in Arbitration Ask and Answer Arbitration Practice and EthicsManaging a Successful Arbitration Confidentiality and Party Appointed ArbitrationStreamlining the Complex Hearing Depositions in Arbitration?Managing Your First Arbitration The Preliminary ConferenceMuscular Arbitration Effective Hearing ManagementTrimming the Fat Out of Arbitration Drafting the AwardICDR International Symposia in Advanced Case Management Issues The New Administered Rules of the International Institute for Conflict Prevention and Resolution Sole faculty for 3 day arbitration and mediation training programs in Caracas and Valenzia Venezuala. Citizenship: United States of America
Education:- New York University School of Law – J.D. 1973 – Root-Tilden Fellow- New York University-University Heights – B.A. 1970 – Phi Beta Kappa, President, Student Government
Honors: – The New York Times – “Super Lawyer” – 2009-present- New York Magazine “Best Lawyers” – 2008-present- US News and World Reports: Best Law Firms – 2013-present- Lawdragon 500 Leading Judges in America – Westchester Business Journal, 1 of top 25 Lawyers in Westchester County, New York
Published Works:- Best Practices in Arbitration, College of Commercial Arbitration, Chapters on Motions in Arbitration and Class Arbitration – 2007, 2013 and 2017 Editions- The Role of the Neutral in Party-Appointed Arbitrations, New York Law Journal, September 13, 2002- Arbitration Law: Practical Points for Being Fair, Fast, Frugal & Final, New York Law Journal, November 7, 1996 Recent Representative Arbitrations:
1. Dissolution of a large hedge fund including claims by principals regarding wrongful distributions, objectionable management practices, and inadequate client disclosures.
2. Claim of wrongful termination of US distributorship by foreign manufacturer of wine and alcoholic beverages based upon failure to meet minimum purchase requirements. Defenses based upon pricing and delivery issues.
3. Claims of defective design and installation of fire alarm system in major hospital complex. Counterclaims for contract and change order balances due.
4. Claim of wrongful termination of employment and breach of agreement to elect Founder to the Board and to be President and Chairman of the Executive Committee of hedge fund.
5. Claims related to application of different formulas to determine pricing and rights to sell and put packages of bank loan portfolios and counterclaims regarding servicing of loans, structure of loan portfolios and management fees.
6. Claims of breach of product development agreement for inventions in personal hygiene, security and printing industries. Claims of failure to invest proper resources into product development. Counterclaims regarding viability of inventions.
7. Accounting malpractice in connection with fraud by client principals including allegations of violation of GAAP and GAAS by accounting firm. Legal defenses based upon wrongful conduct of principals and engagement representations.
8. Accounting malpractice regarding due diligence and other procedures regarding valuation of a business for EBIDTA components used in calculation of purchase price.
9. Claims regarding alleged defective telecommunications equipment including cell phones, computer monitors, relay and GPS systems.
10. Contractual disputes among airport authority, three airlines and servicing agent regarding landing rights and access to facilities and equipment at major international airport.
11. Claim for balance due and overtime for development and installation of special software system for large healthcare user. Defenses and counterclaims based upon alleged defects in system.
12. Claims by investors against international bank alleging bank violation of US and foreign statutes and regulations regarding required reserves and disclosures and counterclaims based upon loan participation agreements and guarantees.
13. Claim for fees for management of litigation case management systems and counterclaims and defenses based upon alleged failures of systems. 14. Dispute among cable television networks regarding distribution of royalty proceeds based upon formulas related to viewer activity.
15. Claims by former partners of a law firm against the remaining partners for payments allegedly due under termination agreements and counterclaims regarding alleged breaches of restrictive covenants and non-solicitation agreements.
16. Application for a declaratory judgment regarding insurance coverage for construction defects based upon exclusions for delay claims and for claims based upon insureds’ own wrongful conduct.
17. Claims by condominium association against developer, sponsor, architect, builder, and subs for alleged design and installation defects in construction of luxury apartments in Manhattan.
18. Claims for damages against foreign distributor of textile products based upon allegations of failure to abide by territorial restrictions and misappropriation of intellectual property and sale of competing products.
19. Claims by lenders for alleged breaches of loan agreements and guarantees and claims of false information regarding amount and value of collateral. Counterclaims and third-party claims regarding alleged breach of promises of additional advances, and wrongful certifications of payment requisitions.
20. Claims for post-closing purchase price adjustment for sale of foreign textile manufacturing company due to failure to achieve certain revenue levels. Defense based on poor management and investment decisions. Recent Representative Meditations:
1. Claims by condominium owners in 11-party mediation for alleged design and installation defects including roof, balconies, water treatment system, mold, plumbing, elevator and electrical defects. Defenses based on failure to provide notice and opportunity to remediate and allegations that other defendants were principally liable.
2. Claims by on-line advertising firm against departing principals for breach of restrictive covenants and non-disparagement clauses in separation agreements. Counterclaim for non-payment of balances due.
3. Claims by university owners of concert hall for breach of design and improper construction means and methods regarding acoustics, sight line issues and installation of seating and stage equipment.
4. Claims by inventor of medical devices against investors alleging breach of development agreements for failure to adequately fund development and promotion of products. Defenses and counterclaims band on alleged wrongful projections and limitations in product capabilities.
5. Claims by U.S. subsidiary of a large foreign trading company alleging malpractice against its former accountants. Claims related to loss carry back treatment, accuracy of transfer price studies, valuation of patents, and client responsibility regarding balance sheet errors.
6. Allegations by investors against underwriters for Rule 10b-5 and other securities law violations in connection with issuance of debentures by a bank. Claims related to accuracy of information provided and/or omitted to Board of Directors and investors in an insurance company.
7. Claims by coal manufacturers against shippers and purchasers under requirements contracts regarding quality, price formulas, and delivery dates for large users of coal. Issues included analysis of spot markets and pricing models for different types of products and equipment.
8. Claims by foreign government against American producer of large generator equipment and parts regarding warranty responsibilities, payment terms and causes of numerous blackouts in large areas of the foreign country.
9. Claims and counterclaims between two hedge funds regarding the scope and duties under joint venture agreement for investments in distressed companies, issues related to completed investments, valuation of loan and asset portfolios, fees and pay-outs, management of investments and failure to close acquisition of certain investments.
10. Claims by manufacturer of agricultural equipment and products against distributors regarding territorial limitations, servicing, advertising responsibilities and timeliness and amounts of fees due.
11. Legal malpractice claims alleging that attorney retained to collect on three judgments did virtually nothing and allowed the judgment debtor to dissipate assets so that nothing could be later collected. Defense that plaintiff gave directions not to undertake any collection efforts because of concern about legal fees. 12. Claims by foreign government against major auto dealer alleging breaches of distribution and service agreements. Counterclaims based on territorial restrictions, financial participation by government and limited exclusivity terms.
13. Claims by adjoining office building owners alleging that serious water problems, cracks and foundation issues occurred on their properties after defendants’ insured demolished a retail outlet to prepare for a new tenant.
14. Claims by hospital against architect and engineer alleging (a) design defects regarding construction of the de-contamination section of its emergency room, (b) failure to provide appropriate earthquake zone protection and (c) 46 other design errors. Defense that most problems were caused by contractor’s means and methods.
15. Discrimination claim by Asian junior audit partner who was asked to resign from large accounting firm because of “relationship issues.” Defense that the partner was abusive, totally intolerant of staff who needed flexible hours and the subject of complaints from clients who did not want to work with her and from staff who refused to be on her team.
16. Claims for fees by investment advisor and bank against investor seeking to take control of a public company. Counterclaims that tender offer failed because of incompetent due diligence and inappropriate advice from investment advisor and bank. Issues related to scope of retention agreements, nature of due diligence and recommendations of advisors and the strategic decisions of investor.
17. Fourteen-party dispute involving claims by school district against contractor, architect, engineers, and sub-contractors for defective construction and renovation of five school buildings. Defects alleged in design and installation of auditorium, gymnasium, science labs, and classrooms regarding heating, roof, water intrusion, mold, flooring and HVAC.
18. Dispute between a longtime partner of a real estate investment firm and the firm regarding allegations of breach of a restrictive covenant by shifting business to his son’s investment firm and counterclaims for payments due to the departing partner.
19. Dispute between a municipality and a Water Board involving “take or pay” contracts for supply of water from one municipality to another and issues regarding water quality, health, payment, rates and construction of a water treatment plant. Party representatives were the mayors from two different political parties for two municipalities.
20. Claims by casino against gaming authorities for wrongful calculation of fees and duties. Counterclaims alleged misclassification of entertainment offerings.
21. Personal injury claim by banker who lost a leg alleging that hotel wrongfully failed to disclose the existence of a “shark school” 15 miles away from the hotel resort. Defenses related to jurisdictional issues. Representative Class Arbitrations:1. Claims by assistant and associate managers of retail stores for overtime compensation on the grounds that they had no discretion in performance of their work and therefore are not exempt employees.
2. Claims by university students alleging wrongful additional charges which were not properly calculated or disclosed.
3. Claims by consumers against a major national bank for overcharging on credit card fees.
4. Claims by insurers against network of renal dialysis centers for reimbursements and counterclaims for alleged overcharges.
5. Consumer claims against major telecommunications company alleging wrongful charges for cable, wireless and “package” charges to consumers. 6. Claims by employees and their families regarding medical injuries allegedly caused by asbestos in manufacturing plant.
7. Claims against major auto company for supplying defective parts and for alleged overcharges. 8. Claims against title insurance company for denying insurance coverage for coastline properties where municipality claimed that owners owned less property extending into the ocean.
9. Claims by homeowners of large urban development against developer claiming defective construction, materials and installation.
10. Claims against major brokerage firm for alleged overcharging for certain fees and expenses.
11. Claims against manufacturer of tools alleging improper restrictions on distribution of products.
12. Claims against national transporter of overnight mail alleging improper payments within distribution network.
13. Claims against payday lending chain alleging violations of state laws and wrongful calculation of amounts to be paid by consumers.
14. Claims by franchisees against food and cosmetic distributors alleging wrongful calculation of advertising and royalty charges.
15. Claims against major telecommunications company regarding alleged wrongful charges for termination fees for cell phones.
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