Faculty Information

Margaret L. Shaw, Esq.

  • Courses Taught
    1
  • Avg Course Rating
    87%
  • Course Views
    3,391

Information:

Bio:

Margaret L. Shaw, Esq. is widely respected for her persistence and creativity in reaching settlement.
She has participated in the resolution of thousands of disputes nationwide.

A former civil litigator, Ms. Shaw has maintained an active ADR practice for almost thirty years and is the author of numerous articles on a variety of aspects of the ADR field. She joined JAMS when ADR Associates, a firm she co-founded, merged with JAMS in 2004. She was also for over twenty-five years an Adjunct Professor of Law at NYU Law School where she taught ADR and negotiation.

ADR Experience and Qualifications
Extensive experience mediating, arbitrating, and facilitating disputes in a wide variety of areas including:
- Bankruptcy
- Business/commercial and contract disputes
- Class and collective actions
- Employment disputes: sexual harassment, retaliation; and age, disability, gender, race, and national origin discrimination
- Intellectual Property
- Libel
- Product Liability
- Professional Liability
- Real Estate
- Securities disputes
- Special Master
- Designed and implemented systems for resolving disputes in private organizations, public agencies, and in over two dozen federal and state courts
- Trained thousands of professionals, students, and volunteers in law firms and corporations, courts, government, and not-for-profit agencies around the country in mediation and negotiation skills

Representative Matters:
Bankruptcy:
- Series of cases involving preference claims and actions asserted under sections 547 and 550 of the Bankruptcy Code; series of personal injury cases against large retailer in bankruptcy

Business/Commercial:

- Action for breach of fiduciary duties arising out of a partnership formed to invest in bonds,bank debt, and other financial instruments
- Claim by a high-profile recording artist against a music company and its principal seeking damages for breaches and misrepresentations involving an exclusive recording agreement
- Claims and counterclaims involving losses arising out of alleged breaches and failures of duty under a letter of credit and related trust agreement between two entities in the financial services industry
- Numerous mediations and arbitrations of contract claims including claims involving real
estate, environmental waste disposal, licensing, and trademark; contract claims in the
automobile industry, garment industry, securities industry, the pharmaceutical industry,
telecommunications and professional sports; other types of claims including bankruptcy,
libel, and products liability

Class Actions:

- ERISA class action seeking reallocation of demutualization funds; ERISA class
action challenging computation of interest credit used to value plan benefits; consumer class
action alleging excess charges by lesser of motor vehicles; consumer class action involving
equipment lease finance company; class action alleging mismanagement of an ERISAgoverned
retirement plan; many class actions against companies in a variety of industries
alleging employment discrimination; many class and collective actions involving wage claims
under the Fair Labor Standards Act and its state counterparts

Employment:
- Countless matters including both individual and class actions involving disability, age, race, and gender discrimination and sexual harassment involving public and private sector employees and employers in a wide variety of industries; hundreds of individual and collective claims involving compensation and other employee benefits; many claims involving entitlements under employment contracts of high level executives; numerous claims alleging breaches of restrictive covenants, including covenants not to compete, non-solicitation of employees and disclosure of confidential information; scores of claims involving the denial of tenure at colleges and universities; many neutral investigations of claims of sexual harassment, retaliation, and/or ethics violations involving employees in both the public and private sectors

Intellectual Property:

- Claim of copyright infringement, breach of licensing agreement and misappropriation of trade secrets; claim for damages resulting from alleged failures to perform under exclusive worldwide license for marketing computer programs and from failure to return source code; patent litigation brought by an entity in the communications industry and its intellectual property holding company against one of its service providers; claim by placement agency against a competitor alleging theft of trade secrets

Libel:
- Libel action against the writer and publisher of a book; libel action brought by an
individual against a newspaper and its columnist

Product Liability:
- Numerous product liability cases involving manufacturer of pharmaceuticals

Professional Liability:
- Malpractice claims brought against a lawyer and several law firms alleging failure to properly investigate, make disclosures and institute recovery actions related to assets placed in a high-yield investment program
- Numerous professional malpractice cases including cases against law firms, a consulting and engineering firm, an architectural firm, a psychiatrist, a dentist, an accounting firm, the executor of an estate, a newspaper columnist and a cemetery

Real Estate:
- Action brought by real estate investors against a former partner alleging project mismanagement and failure to make certain required distributions; dispute between real estate developer and banks involving alleged defaults under a credit agreement and an interest rate protection agreement

Securities:
- Claims brought by a company in the financial services industry against a syndicate of entities alleging breach of an agreement to purchase certain debt assets
- Many claims against firms in the securities industry alleging failure to pay bonuses and other alleged compensation guarantees and types of compensation; action based on quantum merit involving third party marketing services to locate investors for a hedge fund; case alleging breach of joint venture agreement involving generation of options trades; claim alleging retaliation for reporting irregularities involving potential SEC and other federal agency regulations; allegations of defamation, breach of contract, and breach of fiduciary duty against senior manager of a hedge fund; suit against a departing employee alleged to have taken confidential and proprietary information

Special Master:
- Special Master in EEOC v. Astra USA, Inc., settlement of sexual harassment charges; and in EEOC v. Verizon, settlement of service credit for leave claims

Honors, Memberships, and Professional Activities
- Recognized as a Best Lawyer, ADR Category, Best Lawyers in America, 2006-2011
- Recognized as a New York Super Lawyer by Law & Politics Magazine, 2006-2010
- Fellow, College of Labor and Employment Lawyers, 2003-present
- Distinguished Service Award, Society of Professionals in Dispute Resolution, 1993
- Practical Achievement Award, Center for Public Resources, 1992
 

Preview Courses Taught By Margaret L.

The Quick Preview will show here...
Get the Adobe Flash Player to see this video.

Ethical Considerations in Mediation Go to Course Page