BUSINESS / COMMERCIAL / FRANCHISE / CLASS ACTION DISPUTE RESOLUTION EXPERIENCE

Mr. Polsky's practice includes mediation and arbitration of complex business disputes, partnership workouts, and appraisals. These disputes have included pension claims, breach of contract claims, bond claims, termination benefits, corporate loss of revenue, franchise infringement claims, automotive dealer and fast food franchisee claims involving placement of new stores, unfair business practice claims, class actions filed against governmental entities and termination benefits.

REPRESENTATIVE BUSINESS DISPUTES HANDLED BY MR. POLSKY

• Federal lawsuit brought by a pension fund alleging other funds were related entities bound by collective bargaining agreements. Potential exposure to trusts exceeded $1 mm. (Settlement $580 k over 10 years)
• Suit to recover unpaid balance on hotel construction contract as assignee of bondholder having foreclosed on a security interest and creating a cloud on title. Cross allegations of offsetting back-charges. (Amount in dispute approx. $1 mm - settled)
• Foreclosure of mechanics lien and enforcement of stop notice in connection with commercial real estate development following bankruptcy filing by lead tenant. Cross allegation for breach of sub contract. (Contract price $400 k) (Settled)
• Breach of contract claim in connection with fire alarm system at municipal project (city hall). Fixed price contract tendered with contractor (plaintiff) assuming the prime contractor and municipality would approve a subsequently delivered specification, which involved a product change. Municipality withheld approval mid-project and prime contractor terminated the subcontractor. Municipality withheld charge-backs approaching $5 mm on total project with about $250 k apportioned to the alarm system. (Settlement with partial release of charge-backs allocated between prime and sub contractors)
  Disputed ownership interest claimed by ousted CEO following turnaround of manufacturing company. Valuation of claimed shareholding approximated $2.5 mm plus interest. (Settled)
• Disputed claims for payment and change orders by prime contractor on shopping center build out of key retail store. Store sold immediately following build out. (Arbitration)
• Claim against telephone company telephone book division for improper placement of display advertisement. Claim for lost profits and business interruption. (Settlement $25 k)
• Subrogation claim by insurer after paying property damage, lost profits and loss of use on behalf of insured secondary to water damage from improperly applied roof. Related insurers argued coverage issues negated obligation to indemnify. (Settled in low seven figures)
• Claim involving shortfall of approximately $600 k after a fire destroyed a manufacturing plant. Suit filed against broker for failing to secure adequate coverage for content and business interruption. Defense alleged it relied on the information provided by claimant. (Arbitration)

REPRESENTATIVE COMMERCIAL ACQUISITION, FRANCHISE AND CLASS ACTION CASES HANDLED BY MR. POLSKY

• Attorney E&O in connection with $100 mm health care acquisition. (Served as arbitrator in Louisiana of this case filed in Federal Court. Award was in favor of plaintiff following 17 day hearing)
• Duty of franchiser re 40 fast food franchisees and losses of revenue allegedly due to predatory store placement/advertising. Secondary mediation to create formulae for distribution of settlement proceeds and stock between franchisees.
• Class action involving 28,000 individual African American farmers' claims of discriminatory lending practices. Participated in the implementation of global adjudication process following settlement of the case.
• Class action in connection with practice of national computer retailer in requiring personal information data to accompany credit card purchases. Class identified, method of contact determined, settlement structure identified and court approval obtained.
• Franchise dispute between vendors of baked goods for nationwide manufacturer. Dispute concerned compromise of territory.
• Multiple disputes between automobile dealers and automobile companies regarding territories and placement of new dealerships. These are generally managed under the manufacturers dispute resolution programs.
• Rights of specialty automobile dealer under manufacturer-dealer agreement after manufacturer's trademark and distribution rights are sold to a "big three" entity.

REPRESENTATIVE ATTORNEY FEE DISPUTES HANDLED BY MR. POLSKY

Mr. Polsky has testified as an expert in the state and federal courts on the issue of reasonableness of attorney fees. He has audited legal bills for corporations, and has provided counter audit services for law firms. He has also testified as an expert in this area. Mr. Polsky published the CEB training manual on Ethical Billing Practices and lectured throughout California for CEB on the subject. He has served on state and local bar Mandatory Fee Arbitration panels.

• Excessive fees alleged in real estate transaction.
• Excessive fees alleged in bankruptcy workout of commercial real estate brokerage/property manager.
• Excessive fees alleged in domestic relations matter.
• Excessive fees alleged in financial planner litigation.
• Allegations of excessive fees and poor results in connection with representation of client in a federal lawsuit brought by a pension fund alleging other funds were related entities bound by collective bargaining agreements.

OTHER RELATED EXPERIENCE

Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California Law School, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University School of Law, where he teaches courses on mediation and arbitration in the LLM program. He has resolved thousands of complex commercial and serious injury disputes and was named one of the top 20 mediators and arbitrators in California by the Daily Journal. Local bar association annual reviews consistently give Mr. Polsky high marks for fairness as an arbitrator and tenacity and commitment as a mediator.