Attention:

ADR for Transactional and New Attorneys


Level: Beginner
Runtime: 66 minutes
Recorded Date: May 19, 2021
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Agenda

  • Informal or non-litigation dispute resolution
  • What the dispute resolution process is?
  • What alternatives parties have in ADR?
  • Pros and cons of each process
  • Presenting evidence in ADR
Runtime: 1 hour, 6 minutes
Recorded: May 19, 2021

Description

This program is intended to present dispute resolution mechanisms to those attorneys whose practice is not geared to these processes. We will discuss a process that many attorneys are either not familiar with or whose practice as transactional attorneys is to avoid formal dispute resolution. Experienced arbitrators and mediators will explain the mechanisms, each type of process, and how best to navigate through the process.

This program was recorded on May 19th, 2021.

Provided By

American Bar Association

Panelists

Karen J. Orlin

Managing Member
Karen J. Orlin P.L.

Karen J. Orlin, licensed to practice law in New York and Florida and residing near New York City, concentrates her law practice on business and not for profit entity governance and transactions law through her private law firm based in South Florida.

She also serves as an expert witness in ethics and fiduciary duty of attorneys and entity management, as a public arbitrator for the Financial Industry Regulatory Authority, and as an arbitrator for commercial and consumer disputes on the American Arbitration Association’s Roster of Arbitrators. She has practiced law through large, medium, and small sized law firms, in her solo law practice, and as in house counsel to financial institutions, and taught Corporation Law and Commercial Lending in law schools in South Florida and survey paralegal studies courses in South Florida and New York City.

A published author and seminar and webinar presenter regarding, among other topics, not-for-profit corporation law, legal opinions, and limited liability companies law, she is a member of dispute resolution and other committees of the Business Law Section, Section of Dispute Resolution, and Senior Lawyers Division of the American Bar Association, the Professional Ethics Committee and Task Forces for the Independence of Lawyers and Judges and on the Rule of Law of the New York City Bar Association, the Not-For-Profit Corporations Law Committee of the New York State Bar Association, and legislative drafting and opinions report committees of the Business Law Section of The Florida Bar. She was a member of the Professional Responsibility and Securities Law Committees of the New York City Bar Association. She also was a member of the Professional Ethics Committee, Chair of the Corporations, Securities, and Financial Services Committee, and member of the Executive Council of the Business Law Section of The Florida Bar.

A graduate of the University of Pennsylvania and Harvard Law School and Peer Review Rated AV Preeminent? by Martindale-Hubbell?, Ms. Orlin’s biography is included in numerous, including current, editions of The Marquis Who’s Who, and she received the Albert Nelson Marquis Lifetime Achievement Award.

She was named among Florida Legal Elite™ by Florida Trend magazine (July 2010) and among South Florida’s Top Rated Lawyers of 2015-2018 by Legal Leaders (ALM 2015-2018).

Ms. Orlin completed five full marathons, including two New York City marathons, and ten half marathons. She has applied the training and skills developed for those events to care for and home school her young grandchildren, especially during the pandemic.

Sheldon M. Finkelstein

Lawyer & Arbitrator
Sheldon M. Finkelstein, Arbitration & Mediation Services

Sheldon M. Finkelstein is an "AV" rated trial lawyer and an arbitrator. He graduated from Columbia Law School in 1977 where he was awarded the Jerome Michael Prize. Following service as a prosecutor in Philadelphia, he was a Director in Litigation at a large firm and, after 17 years, he became a Director in Litigation in a litigation boutique for another 17 years until 2016. Mr. Finkelstein has extensive experience in a wide range of complex litigation and has served as an arbitrator, primarily in securities matters, for about 38 years.

He is admitted in New Jersey and Pennsylvania as well as various federal courts around the country. He has served in many leadership positions within the American Bar Association’s Litigation Section for the last 25 years and has had many articles published on a wide range of topics. Mr. Finkelstein presently resides near the beach in Delaware. He appears in court only in very special situations and remains active as an arbitrator.

Alan M. Di Sciullo

Director of Global Real Estate
Shearman & Sterling, LLP

Alan Di Sciullo, Esq. is Director of Global Real Estate for Shearman & Sterling LLP. In that capacity, he directs the firm’s worldwide real estate portfolio. He has been a Senior Vice President with a major global banking organization working on its corporate real estate merger and acquisitions activities and was of counsel with a New Jersey law firm. The large portion of his career was with Morgan Stanley as a First Vice President and Senior Counsel where he was responsible for its real estate transactions and related litigation. Among the transactions Mr. Di Sciullo did at Morgan Stanley included the largest leases at the original World Trade Center totaling over 1.2 million sf and the claims and relocations following the 9/11 attack on the Towers, the development of the 600,000 sf Discover Card Headquarters in Riverwoods, Il., and over 200,000 sf for Dean Witter Trust’s headquarters in Harborside Plaza, Jersey City, NJ.

Mr. Di Sciullo has been active in civic and professional activities. He was a member of President Reagan’s Private Sector Survey on Cost Control (the Grace Committee) and was elected a fellow of the American College of Real Estates Lawyers (ACREL) in 2003. He currently co-chairs the American Bar Association’s (ABA) RPTE’s Committee on Groups and Substantive Committees and is a member of that Section’s Council. He was a long-serving chair of the Office Leasing Committee and various other lease-related committees. He had served as President of the New York chapter of the International Association of Corporate Real Estate Executives (NACORE), was a director on that organization’s international board of directors and was president-elect of its educational affiliate, the Institute of Corporate Real Estate. He served as an advisory member on the New York chapter of its successor organization, Corenet Global. He chaired the West Windsor Planning Board between 1993 and 1997 and received numerous leadership and planning awards in that position. He served as a director on the New Jersey Planning Officials board from 1996 to 2014.

Mr. Di Sciullo is a co-author of a 2200 page treatise Negotiating and Drafting Office Leases (Law Journal Seminars-Press 1995), which is in its thirty-eighth supplement. He has been a frequent author and speaker on commercial real estate issues.

Since 1991, Mr. Di Sciullo has taught at New York University’s Schack Masters in Real Estate program and is presently a Professor at that institution. He has received NYU’s Outstanding Teaching and Services awards. He has also served on Corenet Global’s MCR program faculty and has received several Outstanding Faculty awards from that Institute.

Mr. Di Sciullo has an undergraduate degree in Government and Economics (cum laude) from Georgetown University and his J.D. from the Georgetown University Law Center in law. He also received an M.B.A. in finance from New York University.

John Busey Wood

Member, Commercial Real Estate Group
Akerman LLP

John Busey Wood is a member of the commercial real estate group in the New York City office of the national law firm Akerman LLP and advises public and private companies on national real estate transactions, development of mixed use and retail projects, retail centers and portfolio property master and ground leasing.

For over 40 years Mr. Wood has represented owners and tenants in the design and negotiation of commercial leases covering in excess of 100 million square feet of retail, industrial, office and mixed-use projects. These experiences, coupled with a unique blend of professional disciplines, resulted in his being featured on the Wall Street Journal Report and in articles on the impact of commercial leases on commerce and being referred to by The Wall Street Journal and The New York Times as “the father of the modern killer lease.”

Mr. Wood frequently lectures at Columbia University-ISDE Graduate Law and Economics Program and atthe New York University Graduate School and Schack Real Estate Institute. He also lectures at PLI, wherehe is the New York and national Chairman of the Milton Friedman Leasing Lectures, and at the executiveand annual meetings of the ABA and AICPA. Mr. Wood has frequently served as a “party selected” andFederal arbitrator and is an American Arbitration Association -National Neutral -Commercial Panelistand formerly on the board of legal advisers to the former National Title Guaranty Company.

Mr. Wood is the co-author of the national treatise Negotiating and Drafting Office Leases, published by Law Journal Seminars-Press and supplemented 2 times per year ?1994-2020. He is the author of the text book, Navigating The Dangerous Shoals of a Commercial Lease, published by New York University Graduate School, ?1992-2012 and hosts the commercial leasing educational websiteswww.officeleasingusa.com and www.leasingnyc.com which are utilized to supplement his lectures. Mr. Wood is listed in Who's Who Registry of Global Business Leaders, NY Super Lawyers and ALM Distinguished Lawyers. Mr. Wood is AV Preeminent? peer rated by Martindale-Hubbell and was peer-nominated and elected an American Bar Foundation Fellow.

Mr. Wood is a licensed Class “A” commercial real estate broker, a Certified Public Accountant and holds B.B.A. (Accounting and Economics), M.B.A. (Accounting and Finance) and J.D. degrees.


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