About Edna Sussman

Business Disputes ADR Experience

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Representative ADR Experience in Business Disputes:

During her decades litigating, including her years as litigation partner and associate at White & Case LLP and as of counsel to Hoguet Newman Regal & Kenney LLP representing both plaintiffs and defendants, and her many years serving as an arbitrator and mediator in domestic and international litigations, arbitrations and mediations, Ms. Sussman has gained broad experience in business disputes. Her extensive background enables her to quickly understand business issues and concerns and to manage both the arbitration and mediation process efficiently and fairly.

Cases Ms. Sussman handled included complex commercial litigation, including class actions, relating to contracts, mergers/acquisitions, securities, accounting, intellectual property, financing and banking transactions, real estate, energy, environment, antitrust, bankruptcy, transnational litigation, construction, employment, dealership and franchises. Cases handled involved claims or were determinative of transactions ranging in value from $1 million to $3 billion.

Ms. Sussman has handled over 100 disputes as an arbitrator or mediator. As an arbitration panel chair, panel member or sole arbitrator she has conducted arbitrations under AAA, ICDR, UNCITRAL, CPR and NASD/FINRA rules. She serves as a court certified mediator and is certified as a mediator by the International Mediation Institute. Disputes Ms. Sussman has handled as an arbitrator or mediator included matters concerning:

Commercial contracts: disputes arising out of a broad range of commercial contracts including failure to pay for goods or services, delivery of defective goods or deficient services,  failure to timely deliver, misrepresentations and fraud, wrongful termination of agreement, failure to provide support.

Finance and banking: bank/customer obligations, hedge fund fees, private placement fees, finder’s fees, defaults on note payments under indentures, failure to deliver securities, altered checks, forgeries, securitized lease payments, tax issues, mortgage backed securities, guarantees, loan obligations, hedge fund fees, private placement fees, failure to provide promised funding.

Intellectual property: copyright, trade name, domain name, license termination, failure to pay royalties on IP license, use of IP in breach of sale agreement, failure to pay for IP development, breach of settlement as to use of IP, failure to deliver contraced for IP.

Insurance: disputes relating to export credit risk, property and casualty, builders risk, mold, transit, stop loss, malpractice, employment practices, health and workman’s compensation insurance.

Franchises: terminations, claims against franchisor for failure to provide contracted support, failure to pay royalties and other fees, claims for liquidated damages, violation of non-compete agreement.

Corporate mergers, acquisitions and dissolutions: breaches of representations and warranties, post-closing adjustments, post-sale competition by seller, asset valuation, entitlements on corporate dissolution, clarification of assests included in the sale, fraud.

Partnership: breach of fiduciary duties, disputes as to partnership withdrawal distributions, continued use of trade name, breach of non-compete, propriety of removal of general partner, misappropriation, request for an accounting.

Environment: environmental assessments and cleanups, CERCLA/Superfund, stormwater management, line expansions, ground water pollution, SOx credits, mold, eminent domain, sewer and other infrastructure disputes.

Energy: electricity supply agreements, oil spills, renewable energy credits, energy service companies (ESCO) disputes, electricity pricing.

Construction and Real Estate: real estate development project failure, construction disputes; delay damages and impact costs, sub-prime mortgages, developer/landlord and tenant disputes, breaches of contract for sale, broker's commissions.

Professional: accountant’s liability, attorney malpractice, fee collections.

Securities: Fraud, 10b-5, private placements, collateralized debt obligations/mortgage backed securities/REMICs, broker/customer claims, intra-securities industry disputes.

Employment: claims relating to executive compensation, age, sex, ethnic and race discrimination, sexual harassment, retaliation, hostile work environment, FMLA and hourly wages.

Bankruptcy: claim by trustee against principals of debtor for RICO violations; claim by creditor against debtor for failure to pay copyright license fees.

Trust instruments and divorce settlement agreements: disputes arising under trust instruments and divorce settlement agreements including claims concerning rights to real estate and art work.