Jed D. Melnick
TITLE
Simone K. Lelchuk
TITLE
Name
TITLE
Michael J. Eggers
CPA/ABV, MCBA, ASA, FIBA, ABAR
CONSULTANT
Name
TITLE
Doug Duzant
ASSISTANT MANAGER
Jed D. Melnick, Esq. serves as a Mediator and Special Master in complex business litigation pending throughout the United States and internationally. Jed is highly respected for his ability to successfully resolve disputes with patience, persistence, and creativity.
Since becoming a full-time mediator in 2005, Jed has resolved over one thousand disputes, with an aggregate value in the billions of dollars. Specifically, Jed has extraordinary skill in resolving multi-party complex disputes, especially when they involve highly sensitive issues and difficult parties. Among numerous recognitions, two recent honors include Jed’s twice being awarded the distinction of being an ADR Champion by the The National Law Journal as well as being invited to speak about “Mediation Strategies for Judges” as the closing presenter at the annual Delaware Judiciary retreat.
Jed often utilizes a team approach to mediation, which allows him to maintain a practice with the highest level of responsiveness, performance, and results. As part of Jed’s team approach, and when appropriate, Jed relies on respected neutral experts to complement him and assist the involved parties by providing efficient and effective feedback on intricate accounting, insurance, economic, appraisal and environmental issues.
Jed’s detailed list of representative matters is included below, but several of his more high-profile matters include: much of the litigation related to the Adelphia and Lehman bankruptcies, British Petroleum Securities Litigation, and Auto Parts Antitrust Litigation (currently part of the Settlement Master’s team). Jed successfully mediated creditor claims against Dewey & LeBoeuf LLP’s former chairman in the firm’s Chapter 11 filing. Jed was also appointed by Judge Lewis Kaplan of the United States District Court for the Southern District of New York to serve as a mediator for the Lehman ADR Derivative Contract Program. Additionally, Jed was responsible for the successful mediation of a pro bono case between the Disability Rights Advocates and the New York City Taxi and Limousine Commission, which led to a historic settlement raising the number of handicap accessible taxi cabs from less than 5% of the fleet to 50% of the fleet by 2020. This settlement led the Judge overseeing the case to issue a statement proclaiming: “[T]his is one of the most significant acts of inclusion in this city since Jackie Robinson joined the Brooklyn Dodgers.”
Antitrust Matters
In re Polyurethane Foam Antitrust Litigation
In re Processed Egg Products Antitrust Litigation
Auto Parts Antitrust Litigation
In re Lithium Ion Batteries Antitrust Litigation
Bankruptcy / Trustee Matters (Chapter 7 and Chapter 11)
Adelphia Recovery Trust v. Bank of America, NA
Hunter Wise Commodities LLC re Commodity Futures Trading Commission enforcement actions
In re LB Litigation Trust (Lyondell)
In re Universal Health Care Group, Inc.
In re Fresh & Easy, LLC
Chinese Securities Litigation
In re HQ Sustainable Maritime Indus., Inc. Securities and related Derivative Litigation
In re China Mobile Games & Entertainment Group, Ltd. Securities Litigation
China MediaExpress Holdings, Inc., by Karl P. Barth as Receiver vs. American Home Assurance Company
Contract Disputes
A dispute between a South American farming conglomerate and its investors involving complex issues related to international law and land use.
A dispute between a major defense contractor and a uranium mining company over contracts related to the price of uranium.
A dispute between one of the world’s largest car manufacturers and the plant producing batteries for cutting edge hybrid SUV vehicles – involving a three-day mediation in Alabama in tandem with the Federal Judge overseeing the matter.
Consumer Class Actions
Sullivan v. Wenner Media LLC
Kinder, Deborah, et al. vs. Meredith Corporation, et al.
Friske v. Bonnier Corporation
Krivy, Sophia vs. Jean Madeline Education Center of Cosmetology, et al.
Mouzon v. Radiancy, Inc.
Coverage Litigation
Hundreds of mediations involving Fortune 500 companies and Wall Street banks and those organizations’ respective carrier(s) related to D&O, E&O, Casualty and Fidelity policies. Examples of these mediations include: LB (Lyondell) Litigation Trust, Carlyle, Adelphia and MF Global.
Disability policies (In re UnumProvident Corp)
Auto policies (involving an Arizona Damron Agreement)
Maritime policies
Representations & Warranty policies
Delaware Litigation
In re Cornerstone Therapeutics Inc. Stockholder Litigation
In re CNX Gas Corporation Shareholders Litigation
Makover, M.D., Michael E. vs. Gopinathan, M.D., Govindan (co-mediated with Vice Chancellor Sam Glasscock III)
In re TIBCO Software Inc. Stockholders Litigation
Entertainment and Intellectual Property
A dispute between a professor and his textbook publisher related to alleged royalties owed and other IP-related issues.
A highly sensitive mediation related to the personal matters of a media mogul.
A bankruptcy dispute involving the financing and regulatory interests of Digital Domain Media.
Fraud claims between a group of private equity promoters and a film financing venture.
A legal malpractice matter involving an underlying copyright claim between a major music label and its counsel.
ERISA and Employment Litigation
A confidential employment dispute between a nuclear scientist and a defense contractor.
Fiduciary Counselors, Inc. v. Magnuson
In re Comcast Corporation Litigation
False Claims Act and Qui Tam: Jed mediates cases involving FCA, qui tam, whistleblower, and related claims at issue, including complex insurance coverage matters related thereto. These disputes involve: national advertising companies, military contracts, the national polling agency, and contracts involving government agencies including FEMA and the U.S. Mint and the State Department.
United States of America, ex rel., et al. vs. Galena Biopharma, Inc., et. al.
Gallup, Inc. vs. Greenwich Insurance Company (insurance coverage related thereto)
Zurich American Insurance Co. vs. GSD&M Idea City LLC (insurance coverage related thereto)
Government Matters
FDIC, as receiver for Orion Bank of Naples, Florida vs. U.S. Specialty Insurance Co., et al.
Federal Deposit Insurance Corporation as Receiver for United Western Bank vs. Berling, Charles J., et al.
In re Department of Labor Investigation (MagnaCare Holdings, Inc.)
In re First Farmers Financial
Maritime
Jed has experience mediating both insurance coverage disputes involving maritime insurance policies and the underlying maritime dispute.
Mergers and Acquisitions
Kinder Morgan Acquisition: In re El Paso Corporation Shareholder Litigation
The Dominion Transaction: In re CNX Gas Corporation Shareholders Litigation
JAC Holding Enterprises, Inc., et al. vs. Atrium Capital Partners, LLC
Pharmaceutical / Healthcare Related Matters
Chelsea Therapeutics International, Ltd. Securities Litigation
In re Spectrum Pharmaceuticals, Inc. Securities Litigation
In re Cornerstone Therapeutics Inc. Stockholder Litigation
In re Department of Labor Investigation (MagnaCare Holdings, Inc.)
In re Amicus Therapeutics, Inc. Securities Litigation
Securities Class Actions
In re Wachovia Preferred Securities and Bond/Notes Litigation
In re Lehman Brothers Equity/Debt Securities Litigation
In re BP p.l.c. Securities Litigation
Alan B. Marcus v. J.C. Penney Company, Inc., et al.
In re NII Holdings, Inc. Securities Litigation
In re Tower Group International Ltd. Shareholder Litigation
Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds v. Brixmor Property Group, Inc. et al.
In re The Bancorp, Inc. Securities Litigation
Lake County and Vicinity vs. Navistar International Corporation, et al.
In re Urban Outfitters, Inc. Securities Litigation
Plumbers & Pipefitters National Pension Fund v. Orthofix International N.V., et al.
Mitchell Arciaga, et al. vs. Barrett Business Services, Inc., et al.
Special Situations Fund III QP, L.P., et al. vs. Marrone Bio Innovations, Inc., et al.
Sexual Assault and Abuse Cases (class and mass actions related thereto)
Doe 30 Mother 30 v. Bradley - a $123 million settlement in a class-action lawsuit filed on behalf of young children who were sexually abused by former Delaware pediatrician Earl Bradley.
Mass action of elder abuse claims by residents and residents’ families brought against the parent company of an assisted living facility.
The mediation and resolution of multiple issues related to Church abuse cases.
Special / Settlement Master
Special Master in the James Square facility (assisted living facility) class action settlement
Deputy Settlement Master in In re Auto Parts Antitrust Litigation
Tax Matters
Swiss Reinsurance Company Ltd. et al. v. General Electric Co. et al. – involving issues related to international tax structures.
ClassicStar - a complex multiparty dispute involving alleged “mare lease” tax shelters and numerous defendants.
Deloitte & Touche’s settlement with The Adelphia Recovery Trust for $167.5 million - among the largest settlements ever reached between a public accounting firm and its audit client.
A confidential fee mediation that involved complex coverage and tax issues for fees incurred by the partners of a large accounting firm as a result of a wide ranging government investigation into the handling of certain tax shelters.
A confidential mediation between one of the largest auditors and a university. This settlement allowed the university to continue its operations (current as of 2017).
Simone Lelchuk, Esq. has been a full-time mediator, arbitrator, and special master since 2014.
She has been involved in successfully mediating and managing multi-party and multi-faceted cases, with billions of dollars in aggregate settlements. She has comprehensive experience in ADR process design and the allocation of settlement funds. The matters Simone works on span many areas of the law: insurance coverage (D&O, E&O, and Representations & Warranties), sexual harassment, sexual discrimination, Title IX, litigation funding, professional liability, financial and accounting cases, antitrust, bankruptcy, and securities and derivatives. She prides herself on her ability to ascertain and comprehend legal and factual issues quickly, and manage large, complex ADR processes efficiently and objectively.
In addition to working on her own matters, Simone also collaborates with Judge Daniel Weinstein (ret.) and Jed D. Melnick, Esq., as well as other esteemed neutrals throughout the country, on both mediations and the allocation of settlement funds.
Prior to becoming a neutral, Simone worked in private practice at a large New York City law firm (Kasowitz Benson Torres LLP), where she worked in both litigation and transactional groups. Before practicing law, Simone was a valuation consultant at KPMG LLP. Simone’s experience at KPMG allowed her to grow adept at not only understanding complicated processes and detailed financial data, but also organizing such processes and data cohesively, conducting analysis to define key insights, and presenting findings in a comprehensible manner to ensure buy-in and alignment. She received her juris doctor from the Benjamin N. Cardozo School of Law in New York City and her Bachelor’s Degree from Ohio University.
REPRESENTATIVE SPECIAL/SETTLEMENT MASTER ROLES
Co-Special Master in the James Square facility (assisted living facility) class action settlement
Deputy Special Master in In re UCBH Holdings, Inc.
Deputy Settlement Master in In re Auto Parts Antitrust Litigation
REPRESENTATIVE MEDIATIONS
Antitrust - In re Auto Parts Antitrust Litigation
Assault / Harassment Cases - Class Action settlement of various Plaintiffs and the NYAG against Harvey Weinstein and other Defendants, and Weinstein’s related companies, and other Defendants; Mass action of elder abuse claims by residents and residents’ families brought against the parent company of an assisted living facility; the mediation and resolution of multiple issues related to Church abuse cases
Bankruptcy / Trustee - In re Fresh & Easy, LLC
Consumer Class Actions - Kinder, Deborah, et al. vs. Meredith Corporation, et al.
Coverage Litigation - extensive experience with D&O, E&O, and Representation & Warranty policies
Cryptocurrency Disputes - SIM card theft that led to the loss of certain cryptocurrency assets
Entertainment & IP Disputes - a dispute between a professor and his textbook publisher related to alleged royalties owed and other IP-related issues.
Litigation Funding Disputes - a dispute about the enforceability of a litigation funding agreement
Mergers & Acquisitions - JAC Holding Enterprises, Inc., et al. vs. Atrium Capital Partners, LLC
Securities Class Actions - In re Urban Outfitters, Inc. Securities Litigation
Title IX Matters - various mediations with educational institutions regarding compliance with Title IX
REPRESENTATITVE ARBITRATIONS
Various fee allocation arbitrations among derivative plaintiffs
Plan of Allocation of a Settlement Fund between Section 10(b) and Section 11 plaintiffs
PUBLICATIONS
Co-Author with Jed D. Melnic, “Video Conferencing and Mediating Complex Disputes in the New Normal: Settlements Don’t Need to Wait,” New York Law Journal, March 2020.
Co-Author with Jed D. Melnick, “Go Work Your Magic,” American Bar Association, Fall 2017.
How to Mediate Like a Pro, TYL Magazine/American Bar Association, August 2015.
BACKGROUND & EDUCATION
Active Member, State Bar of New York
Kasowitz Benson Torres LLP, 2010-2014
KPMG LLP (Economic Valuation Services Group), 2005-2007
President of the Cardozo Dispute Resolution Society
Editor, Cardozo Journal of Conflict Resolution
Certificate in Dispute Resolution from Kukin Program for Conflict Resolution at Benjamin N. Cardozo School of Law
Member of The Mediation Clinic at the Benjamin N. Cardozo School of Law
J.D., Benjamin N. Cardozo School of Law, 2010
B.B.A., summa cum laude Ohio University, 2005