Arbitration

Click for ARBITRATION RESUME PDF

Current Employer/Title  Anthony M. DiLeo, A Professional Corporation


Profession     Attorney at Law, Arbitrator/Mediator


Work History Partner (1976-2005)/Associate (1973-75), Stone Pigman Walther Wittmann L.L.C.; Law Clerk, Judge John Minor Wisdom, U.S. Court of Appeals, Fifth Circuit, 1973; Law Clerk, Judge Alvin B. Rubin, U.S. District Court, Eastern District of Louisiana, 1971-73.


Experience   Over 40 years’ experience.  Listed in "Chambers USA: America's Leading Lawyers for Business, The Client’s Guide." Practice has included corporate, business, and partnership agreements, transactions, and litigation including tender offer, exchange offer, merger, and private placement of securities; antitrust, securities, shareholder, and tax litigation including U.S. Tax Court; banking and savings and loan restructuring for borrowers and lenders; income, estate, and gift tax planning; administrative law; and commercial litigation in all levels of state and federal courts.

Appointed by federal trial judge to national steering committee for multi-district litigation proceeding involving consolidated class actions. Appointed as Hearing Officer for the Commercial Real Estate Property Tax Appeals Board of Review, City of New Orleans, 2007. Appointed by Louisiana Supreme Court as State Bar Examiner in Corporations, Securities, and Negotiable Instruments, 1982-1984. Served on Louisiana Governor Bobby Jindal's Hurricane Recovery Transition Advisory Council. Member of the Board of Commissioners of the New Orleans Morial Convention Center. Adjunct Professor of Law at Tulane Law School.


Present practice is business, corporate, partnership, LLC, and shareholder planning and transactions, including contracts, employment, and health care; expert witness testimony in several contexts, including attorneys’ fees, limited liability company agreements for members of a professional group, corporate governance, and standards for limited liability of a sole shareholder of a professional corporation; and arbitration and mediation. College of Commercial Arbitrators, Fellow. International Mediation Institute certified mediator. Martindale Hubbell AV Peer Review rating, 30 years. Recipient, first annual “CityBusiness Leadership in Law Award: New Orleans 50 Top Lawyers," 2005.  Recognized by Best Lawyers in America in the practice areas of Corporate Law, Employment Law–Management, and Health Care Law and by Chambers USA the categories of Corporate/Mergers and Acquisitions, Healthcare and Nationwide Mediators. Life Member of the American Law Institute.

Arbitration Experience  Served as sole arbitrator, chair/member of arbitration panel in some 250 cases arising from over 32 states for international, national and local parties, including disputes in the 9-figure range.

 
Representative matters:

• Dispute between federal financial regulatory agency and national bank over division of $165M of escrowed funds received from sale of a bank previously acquired via agreement with the U.S. government in a failed bank/good will transaction. (Chair)

• Allocation of attorneys’ fees amongst leading plaintiffs’ attorneys arising out of national settlement of MDL class action against drug manufacturers. (Chair)

• Dispute between hospital and large physician group over ownership, valuation and sale of treatment and diagnostic facility and definition and calculation of fair market value with claims of $85M. (Chair)

• Claim by individual billionaire investor against big eight CPA firm alleging fraudulent tax shelter with claims over $25M, where CPAs had been convicted of tax fraud.

• Claims by heir of regional industrial facility against individual acting in multiple roles as attorney, trustee, officer, director, CPA and financial advisor for fraud and breach of fiduciary duty involving complex offshore tax and investment transactions, factoring, interim injunction and $1.5 billion transferred through multiple off-shore entities with claims exceeding $40M. (Sole)

• Claim by national health insurer against regional teaching hospital system and its physician staff members in large city for breach of Sherman Antitrust Act with claims of $257M. (Chair)

• Claim by President of international energy company against public company employer for breach of employment contract asserting constructive termination for excluding president from participating in corporate operations with claims exceeding $3M. (Sole)

• Claim by predecessor corporate entity in merger transaction for allocation of tax refund resulting from loss carry back due to complex tax allocation agreement. (Sole)

• Claims of improper and negligent management of local county hospital by publicly-held national management company with claims exceeding $57M. (Sole)

• Claim by parents of deceased disabled individual resulting from death in automobile fatality resulting from inebriation by the caretaker/driver of the vehicle. (Sole)

• ­Claims by national private university and large city against oil and gas exploration company resulting from operation of well and resulting damages to 35,000 acres of shoreline owned by university, city and a related public trust. (Sole. This was an ad hoc arbitration resulting from the motion of all parties to move this mater from federal court to me as sole arbitrator.)

• Claims by a state against cigarette manufacturer for a percentage of its net profits over 25 years arising from settlement agreement and subsequent sale of major assets of cigarette manufacturer with claims of some $60M.

• Claim by U.S. owners of intellectual property rights (trademarks, trade name, etc.) against Canadian distributor alleging breach of contract and violation of use of trademark following termination of contract. (Sole)

• Claim by national drugstore chain seeking injunctive relief to disclose termination of national pharmacy benefits contract to customers involving questions of Lanham Act arising out of federal court suit. (Sole)

• Claims by regional teaching hospital system for breach of prompt pay statute against third-party administrator involving issues of foreseeability of damages and equitable defenses pursuant to Restatement of Contracts. (Chair)

• Dispute between retiring physicians and physician partners over sale of large treatment facility with claims of fraud, breach of contract, and misrepresentation exceeding $25M. (Sole)

• Dispute involving provision of boats, barges and equipment to offload material from barges to docking facilities with fees to be paid based upon ship tonnage.

• Dispute between national data transmission company and multi-state radio station transmitting sports events via broadcast, radio transmitter, and ISDN lines.

• Dispute over rights to buy out equity interest, collateral, line of credit, letter of credit and redemption of ownership interest.

• Dispute over exclusive licensing contract in multiple cities for internet discount coupon sales via mass marketing email. (Sole)

• Dispute between lender and borrower as to default of incomplete construction of maritime facility and foreclosure. (Sole)

• Dispute amongst owners of large producing well as to identification of acreage to be included or excluded for division amongst owners resulting from dispute as to language of contracts with claims of 8 figures.

• Dispute regarding brokerage fees in investment, purchase and sale of viatical and life insurance contracts by public company with claims of $6M.

• Claim by inventor of medical device against manufacturer for $12M with arbitration under observation by U.S. Attorney’s Office. (Chair)

• Claim by national for-profit hospital chain on behalf of all U.S. hospitals owned by them against national health insurer regrading contract payment provisions. (Sole)

• Dispute involving claims between multistate contractor and construction entity against investor entities asserting $40 million in damages arising out of alleged defaults in energy credit agreements. (Chair)

• Dispute regarding claims of fraud and misrepresentation in private sale and investment in health care venture by family trust with damages of $60M. (Chair)

• Dispute over rights to buy out equity interest, collateral, line of credit and redemption of ownership interest.  (Sole)

• Dispute between statewide HMO and pharmacy benefits manager over pricing provisions of contract. (Chair)

• Dispute between attorney and client over investment in client-owned company seeking rescission and return of tax benefits from attorney.

• Dispute regarding law firm partnership as to partnership agreement provisions and departure of disabled partner.

• Dispute between large health insurance company and HMO alleging damages arising out of claims of underfunding, capitation, fraud, wrongful termination, RICO exceeding $10M. (Sole)

• Dispute between ACT and student test-taker alleging invalid score due to  impropriety in exam and seeking declaration of invalidity of score.

• Dispute between contractor and bank and bank president over alleged loan agreement arising from repairs to resident of bank officer.

• Claim by investors against publicly-held national hotel chain arising out of dispute over management agreement and claims exceeding $5M" (Sole)

• Dispute amongst partners as to long-term waste disposal agreement in major American city. (Chair)

The listing of the above cases is not intended to reflect on the merits of a claimant's or a respondent's positions, nor intended to reflect upon the outcome of any particular dispute. In many cases, there is a counterclaim by a respondent.  Some of these cases were resolved by settlement prior to a hearing and ruling.

Parties include investment banking firms; offshore entities, government agencies; life, property, national health insurance companies; healthcare providers (hospital systems, HMOs, IPAs); service providers (management and billing companies, software licensors, medical testing companies); manufacturers; retailers; contractors; sales and marketing companies; energy producers; technology vendors; law firms; accounting firms; family LLCs; employers; employees; consultants; lenders; borrowers; shareholders; public and private companies; non-profits.

Corporate Issues: stockholder rights, manufacturing and distribution rights, minority shareholder redemption, minority stockholder buy-out, buy-out provisions, ownership valuation, audit issues, lack of going business concern status, bankruptcy, dissolution of an operating company, asset purchase agreement, liquidation of LLC, book value, stock basis, surplus, dilution, use of multiple offshore entities, reorganization, indemnification, choice of law, royalty claims, licensing agreements, marketing agreements, partnership withdrawal, liquidation of operating partnership, partnership obligations, construction, real estate transactions.

Banking and Finance: investment banking fees financing and equity investments, warrants, convertible securities, credit agreements, participation agreement, factoring agreements, factored accounts, lender liability.

Tax: allocation of tax benefits, tax sharing, tax losses, state and federal tax credits, defective tax shelter investment, application of federal taxation principles and of GAAP accounting principles, consultant fees for reduction of property tax assessments and failure to detect embezzlement, accounting malpractice, definition and calculation of fair market value.

Employment: compensation, recruiting, non-competition, constructive termination, Employee Leasing Services Agreement.

Insurance: property, health, excess insurer, reinsurance, ownership of multimillion dollar life insurance policy, underwriting, insurance marketing, self-insurance trust.

Antitrust, Fraud, Defamation: federal antitrust claims of price fixing, fraud and RICO claims, off-shore entities, conspiracy, fraudulent inducement.

Intellectual Property: trade secrets, assignment of patented and trademarked products, exclusive research and license agreements, federal trademark statute, technology licensing and international film rights distribution.

Environment:  cleanup and remediation, damage arising from drilling operations, assignment of mineral exploration rights, assertion of indemnification for environmental damage arising from operations, costs of remediation.

Professional Fees: legal fees arising from national products liability class action, disputes of legal ethics and duties in context of multi-district litigation; legal fee dispute arising out of federal antitrust litigation.

Healthcare: practice management, fraud and abuse, billing, coding, capitation, prompt pay statute, contractual interpretation of complex agreements between healthcare entities with subsequent ongoing contracts, joint venture and physician management of ancillary facility.

Other: assignment and subleasing, purchase and sale agreements, recordation of real and personal rights, exclusive manufacturing and distribution agreements or licenses, breach of fiduciary duty, injunctive relief, rescission of time share purchase, damages arising out of vehicular death.

ADR Publications and Speaking Engagements. A partial list includes:

(writings are first by chronology; speaking follows)

Author, “United States Supreme Court Declines to Mandate Class Arbitration in its Recent Decision of Lamps Plus, Inc. v. Varela,”

Louisiana Bar Journal, October 2019.

Author, “Binding Arbitration Clause in Lawyer-Client Retainer Agreement,” Louisiana Bar Journal, October/November 2014, Case Note by the Publications Subcommittee of the Louisiana State Bar Association’s Ethics Advisory Committee (Committee Member and Primary Author).

Author, “Drafting Noncompetition Agreements For Statutory Compliance: Exceptions that Prove the Rule,” Louisiana Bar Journal, December 2011.

Author, "The Enforceability of Contractual Agreements to Arbitrate: A Survey of the Last Three Years of Jurisprudence," Louisiana Bar Journal, Oct/Nov 2008 (cited by La. Appellate Court). Lecture on same topic presented to New Orleans Bar Association, New Orleans, December 2008.

Author, "The Enforceability of Arbitration Agreements By and Against Non-Signatories: A Review of the Jurisprudence,” Journal of American Arbitration, May 2003. Lecture on same topic presented to AAA arbitrators, New Orleans,  July 2002.

Co-author with Judge Alvin B. Rubin, Law Clerk Handbook: A Handbook for Federal District and Appellate Court Law Clerks, Federal Judicial Center, 1977.

Panelist, “Charting a Course in Unfamiliar Waters - Tips for Winning Your Case in Arbitration,” Louisiana Bar Association, New Orleans, December 2019 (to be delivered).

Lecturer, “Recent Developments in Arbitration Jurisprudence,” Houston Bar Association, September 2019.

Panelist, “Morning at the Federal Courthouse, Preparing Yourself for Success in Your Practice,” Federal Bar Association, New Orleans, June 2019.

Co-Presenter. ”10 Tips to Keep Arbitration Fair & Efficient for Your Client with Recent Jurisprudence Updates” Louisiana Bar Association, New Orleans, April 2019.

Panelist, “Arbitration: Emerging Developments We Didn't Quite Expect,” ABA Health Law and Dispute Resolution Sections, AAA Live Webinar, 2017.

Lecturer, “The Use of Arbitration in Healthcare Cases,” ABA Health Law Section, sponsored by the Litigation and Long-Term Care IGs, Webinar, March 2017.

Co-Presenter, “What’s In and What’s Out: Recent Developments In Arbitral Jurisdiction,” AAA Live Webinar, December 2016.

Lecturer, “Crossing the Line: New Developments in the Law of Arbitral Jurisdiction,” AAA/ICDR Neutrals Conference, March 2016.

Panelist, “ACI’s Annual Advanced Forum on Managed Care Disputes and Litigation - Managed Care Litigation Mock Arbitration Session,” American Conference Institute, May 2015, Chicago.

Lecturer, “The 10 ½ Biggest Mistakes to Make in an Arbitration and the 11.38 Things to Do Right,” New Orleans Bar Association, September 2014.

Lecturer, “Arbitrating Cultural and Heritage Disputes” as to the unique nature of arbitration of title, ownership, and possession of rare and highly valuable artworks, AAA Webinar, December 2013.

Trainer, 2-day Arbitration Training: Arbitrating a Health Law Case, American Health Lawyers Association and Hamline University School of Law,  Minneapolis, Oct 19-20, 2012.

Lecturer, “The Bridge Between Judicial Management of Cases and the ADR World,” 2012 Spring Judges' Conference of the Louisiana Judicial College, Lafayette, March 2012.

Lecturer, “The Arbitration Process,” The American College of Legal Medicine, New Orleans, February 2012.

Panelist and Speaker, “Judge Alvin B. Rubin: A Life of Ethics and Professionalism,” 18th Annual Judge Alvin B. Rubin Symposium, Federal Bar Association, New Orleans Chapter, May 2010.

Lecturer, “Dealing with Delay Tactics in Arbitration,” American Arbitration Association, New Orleans, March 2010.

Lecturer, “Recent Developments in the Law of Arbitration,” LSU Law School Recent Developments in Legislation and Jurisprudence program, New Orleans, November and December 2008.

Panelist and Speaker, "Effective Arbitration of Health Care Disputes," ABA/CLE National Teleconference, June 2008.

Lecturer, "Ethics and Professionalism for Advocates in ADR," American Arbitration Association, New Orleans, December 2004.

Lecturer, “Ethics in Arbitration and Negotiation,” American Arbitration Association, Dallas, September 2003.

Lecturer, "Ethical Duties of Lawyers and Arbitrators during Negotiations and Alternative Dispute Resolution," American Health Lawyers Association, Physician and Physician Organizations Law Institute, October 2002.

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