Arbitration, Litigation, Mediation
Faculty: Kathryn L. Bedke
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Credits:
General:
NY-2.00,
Description:
In this course, sponsored by the Marino Institute of CLE, Kathryn Bedke goes over the importance of arbitration and mediation, and the differences those two methods have with litigation.
Lecturers:
Kathryn L. Bedke
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EXPERTISE IN LITIGATION AND RISK MANAGEMENT
Specializing in investigations, litigation and arbitration, seeking in-house position
with major domestic and international financial institution, bank or corporation.
Expertise includes:
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§ Dispute Avoidance |
§ Internal Investigations |
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§ Problem Solving |
§ Federal and State Litigations |
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§ Risk Analysis and Strategic Planning |
§ Arbitrations in Various Settings |
Experienced in dispute avoidance by meeting and coordinating with in-house counsel when problems first arise to ascertain whether litigation or arbitration can be avoided. Experience includes advising:
§ An international corporation to honor negotiations and conclude multi-billion dollar transaction even though agreements were not executed based on developing case law and substantial financial and litigation exposure to corporation had it reneged on negotiations.
§ Corporations and individuals on non-competition and confidentiality agreements.
§ A financial institution to add internal control procedures as result of internal investigation conducted during an arbitration.
Problem solver, adept at jumping quickly into difficult situations and finding solutions, including:
§ Representing client of Swiss Bank in $3 million real estate swindle requiring investigation and coordination with FBI and German counsel and traveling to and obtaining assets in Florida, Luxembourg and Germany.
§ Representing Swiss Bank not target or party to U.S. government murder investigation in conducting internal investigation based on U.S. Justice Department subpoena, representing that Bank in Grand Jury investigation in Puerto Rico and successfully opposing producing documents from Bank’s Panamanian subsidiary.
§ Developing evidence required for $6 million AAA arbitration, even though opposing counsel withheld critical documents and opposing witnesses prevaricated on witness stand, and convincing, successfully, arbitration panel of those facts.
§ First and Second-Chaired Litigations and Arbitrations, including representing corporate officers and directors in two AAA arbitrations involving complex GAAP and GAAS accounting principles, accounting liability and breaches of employment agreements.
Personable, energetic, pragmatic and analytical.
Driven achiever with exceptional communication and presentation skills.
A straightforward people person and “can-do” problem solver.
Consultant 2006-present
§ International Rescue Committee: Updating document retention/whistle blower policies to comply with Sarbanes-Oxley and applicable state and federal laws for not-for-profits.
§ Creating start-up limited liability company, including drafting incorporation documents, negotiating and drafting advertising and non-compete, confidential and employment agreements and advising on trademark and copyright issues.
§ Second-chairing trade secrets and patent litigation in New Jersey state court; representing AT&T in commercial dispute and clients in two Surrogate’s Court proceedings.
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PARTNER 1997-2006
Davidson & Grannum, LLP and Eaton & Van Winkle LLP
§ Obtained vacatur of 32-day arbitration involving $6 million award for UBS Warburg LLC in case of first impression in New York involving manifest disregard of the law by arbitration panel overtly disregarding minimum net capital rule.
§ Developed expertise in introducing brokers, clearing firms, transfer agent procedures, the DTCC, FOCUS Reports and related issues.
§ Overcame difficulties in fact-finding – client undergoing major merger and moving its headquarters from New York; developed trust and confidence of witnesses to testify, even though most had been laid off due to merger and move.
§ Represented financial institution/executing broker accused of violating Florida Blue Sky law against prime brokers’ customers in two arbitrations alleging about $150 million in damages.
§ Overcame distrust among co-counsel to create cohesive, unified front to opposing counsel, who was creating dissension among co-counsel; mediated and settled both arbitrations for less than $100,000.
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Of Counsel 1993-1997
Wohl & Entwhistle, LLP and Duker & Barrett, LLP
§ Began developing business, which ultimately exceeded $1 million annually.
§ Successfully represented plaintiffs in multi-district class action litigation where damages were in excess of $100 million.
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ENFORCEMENT ATTORNEY 1991-1993
Securities & Exchange Commission. Represented SEC in:
§ Insider trading investigation involving U.S. and European insider trading rings.
§ Conducting internal investigation of company with inadequate internal control procedures.
Senior Associate 1982-1991
WHITE & CASE LLP
§ Represented German paper manufacturing supplier against U.S. distributor asserting damages in excess of $10 million alleging, under RICO, that defendants had conspired to destroy distributor’s business, successfully moving for dismissal. Witnesses prepared in German.
§ Defended Deutsche Bank in grand jury investigation; opposed non-party subpoena when U.S. government would not serve letters rogatory pursuant to international and German banking secrecy laws. German law schools have taught this case in their international law curriculum.
§ Bankers Trust in Lincoln Savings & Loan class action by investors alleging in excess of $100 million in damages for securities and RICO violations, successfully moving for dismissal.
§ Consortium of German banks; successfully opposed proposed SEC legislation; required extensive analysis of German financial, banking and privacy laws.
§ U.S. Steel in $12 billion securities fraud class action; five week jury trial; verdict for client.
EDUCATION, BAR ADMISSIONS AND BAR ASSOCIATION ACTIVITIES
§ Case Western Reserve University School of Law, JD
§ Society of Bencher’s Award from faculty for academic excellence and character.
§ Law Review, Managing Editor, Executive Board, and Associate Editor; International Law Journal, Associate Editor.
§ Harvard University, MTS (Religion)
§ Rockefeller Fellow; Harvard University Choir.
§ Kirkland College, Coordinate to Hamilton College, BA (German and English)
§ Universität Wien, Vienna, Austria, Junior Year; Wiener Jeunesse-Chor; Hamilton & Kirkland Colleges Choir.
§ Bar Admissions: New York State Bar; U.S. Supreme Court; U.S. Courts of Appeals for the Second and Third Circuits; U.S. District Courts for the Southern and Eastern Districts.
§ Bar Association Activities
§ American Bar Association, Litigation, Business and International Law Sections.
§ New York State Bar Association, Corporate, International Law and Practice and Trial Lawyers Sections.
§ Securities Industry Association; Federal Bar Council.
LANGUAGE
§ Fluent in German.
OUTSIDE ACTIVITIES
§ The Blue Hill Troupe, Ltd., singer and Co-Chair, Entertainment Committee. (Second oldest U.S. Gilbert & Sullivan society; annual profits of $100,000-$200,000 donated to charity.)
§ Chelsea Gardens Owners Corporation, former Director and Officer.
§ Presenter, Women-Business-Spirituality Conference. (Topic: “Enronitis: The Erosion of Public Conscience. The Greater Impact of Religion and Ethics in the Workplace.”)
§ Leader of Sierra Club Outings (canoe, service and international trips).
§ The Nebraska Society of New York, Inc., Founder and former Board Member.
Arbitration, Litigation, Mediation
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General Credits:
