Employment & Corporate Governance
Resolving High-Stakes Employment & Corporate-Governance Disputes Through Strategic Mediation
Employment and governance disputes can threaten leadership cohesion, reputational standing, and shareholder value. I draw on 25+ years as a trial lawyer for Fortune-level companies, to deliver a proven mediation process that is grounded in rigorous preparation and candid risk analysis. This helps, boards, executives, and counsel reach resolutions quickly and confidentially.
What I bring to the Mediation Table
Deep familiarity with executive-level conflict: Non-compete, non-solicitation, trade-secret, and wrongful-termination matters involving C-suite talent and mission-critical employees.
ERISA & benefits fluency: Experience analyzing plan-sponsor liability, fiduciary-duty claims, and complex benefits structures.
Boardroom credibility: Litigation background in directors’ & officers’ duty claims, special-committee investigations, and derivative actions.
Data-driven valuations: Ability to translate damages models, actuarial reports, and compensation analyses into pragmatic settlement ranges.
Mediation Is Especially Valuable When
Restrictive-covenant injunctions loom, but a negotiated solution can protect trade secrets while letting talent move forward.
Plan-participant or fiduciary litigation risks plan disqualification or hefty penalties, incentivizing early, private settlement.
Board fractures threaten day-to-day management, M&A timelines, or investor confidence.
D&O insurance limits could be eroded by protracted discovery and motion practice.
Representative Matters
(For Illustration Purposes Only)
Mediated and arbitrated multiple employment disputes involving non-compete and non-solicitation clauses as well as allegations of theft of trade secrets.
Handled ERISA actions alleging the plan administrator breached its fiduciary duty in assessing eligibility for benefits and administering benefits.
Lead attorney for one of the largest chains in the quick-serve restaurant industry in a putative nationwide class action alleging that a supposed no-hire clause in a franchise agreement restricted employee mobility and suppressed compensation in violation of the Sherman Act and the Texas Free Enterprise and Antitrust Act.
Handled claims that former directors and officers of bankrupt entities breached their fiduciary duties to the company.
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What types of antitrust cases are best suited for mediation?Mediation is especially effective in antitrust cases involving multiple parties, regulatory overlap, or potential class certification. It’s an efficient path when parties seek control over timing and outcome.
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Can mediation proceed while government investigations are ongoing?Yes. Mediation can run in parallel to regulatory inquiries and may help streamline litigation exposure or facilitate partial resolution of related private claims.
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Do you mediate class actions?Yes. I have significant experience in class action defense and bring that insight to mediating class-wide claims, including pre-certification settlements.
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What advantages does your trial background offer in antitrust mediation?My ability to assess litigation risk, anticipate discovery battles, and pressure-test legal arguments gives parties a clearer view of their options.
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How can we determine if our matter is appropriate for mediation now?I am available for a confidential consultation to discuss case posture and whether mediation makes sense at this stage.
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What types of contract disputes are best suited for mediation?Most commercial contract disputes—including those involving services, goods, earnouts, reps and warranties, or interpretation of ambiguous terms—can benefit from mediation, especially when time and cost matter.
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Does Brian handle cases with active bankruptcy components?Yes. I have mediated adversary proceedings and post-petition disputes where timing, complexity, and court involvement require special sensitivity.
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Can mediation help with business “divorces?”Absolutely. I bring a balanced, experienced perspective to partner separations, helping parties preserve their dignity and reach agreements that minimize business disruption.
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How long does the mediation process usually take?A full-day session is standard, and because of my extensive pre-mediation preparation, many matters resolve within a single day.
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How do we know if our case is ready for mediation?I offer confidential consultations to help determine timing and strategy.
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What employment cases are best suited for mediation?Non-competes, trade-secret theft, wage-and-hour class actions, whistleblower retaliation, wrongful termination—especially when publicity or business disruption is a concern.
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Can we mediate while a temporary restraining order is pending?Yes. Mediation can occur in parallel; parties often pause injunction hearings to explore settlement.
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How does your trial background help?I can stress-test damages models, evaluate the likelihood of injunctive relief, and forecast jury perceptions of executive conduct.
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Does mediation preserve D&O coverage?Settling early may prevent defense-cost erosion and avoid exclusions triggered by final adjudication.
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Is mediation confidential under Texas law?Yes. Texas Civil Practice & Remedies Code §154 protects mediation communications from disclosure.
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Are technical experts allowed in mediation sessions?Yes, I encourage limited expert participation to clarify complex engineering, scientific, or valuation points when it advances settlement.
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Can mediation coordinate with ongoing MDL proceedings?I work with liaison counsel and MDL judges to structure bellwether or global-resolution discussions without slowing court schedules.
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Do you handle real-estate cases with pending foreclosures?Yes, I often mediate title, lease, and development disputes where timing is critical.
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How do you address privileged malpractice issues?Privilege and work-product doctrines remain protected because mediation communications are confidential under Texas §154 and FRE 408.
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What if multiple insurers are involved?My mass-tort and product-liability experience helps align carrier positions and explore layered contribution structures.
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What fraud claims work best in mediation?FCA, securities-fraud, consumer-fraud, TCPA, and Anti-SLAPP disputes benefit from private resolution that caps exposure and avoids adversarial discovery.
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Can we mediate before government agencies finish investigations?Yes, mediation can proceed in parallel and often informs regulators of the parties’ commitment to resolution.
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Do you handle nationwide consumer classes?I have litigated and mediated multi-jurisdictional consumer-protection and TCPA class actions, bringing class-certification insight to negotiations.
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How are statutory penalties addressed in mediation?I help parties model worst-case exposure, then craft settlement structures that balance restitution, compliance changes, and confidentiality.
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Is mediation protected from discovery?Texas Civil Practice & Remedies Code §154 and Federal Rule of Evidence 408 protect mediation communications from later use in court.
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What qualifies as an “other complex matter” for mediation services?Any high-stakes commercial dispute that does not squarely fit into antitrust, contract, employment, or specialty categories. Examples include supply-chain breakdowns, franchise disputes, trade secrets intertwined with contract claims, or multi-party indemnity actions.
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Can you mediate when parties are in different countries?Yes. I frequently conduct hybrid in-person and video sessions and am familiar with international arbitration frameworks.
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How are multiple insurers handled?I schedule pre-mediation calls to align carrier representatives, coverage counsel, and insureds so cost-sharing and coverage issues do not derail negotiations.
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Do you provide evaluations or only facilitate?I tailor my role. Parties may request a purely facilitative approach or a reality-testing evaluation where I share candid risk assessments.
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What materials should we submit before mediation?A concise case statement, key documents, and any expert summaries are ideal. I will host separate calls to clarify additional needs.
Initiate the Resolution Process
If you are seeking a skilled and experienced mediator to help resolve a complex business dispute, I invite you to contact me for a confidential consultation. We can discuss your case and how my approach can help you achieve a timely and effective resolution.