13
Aug
2014

Cases

Les has successfully arbitrated, mediated and litigated the following U.S. and international cases:

  • Current appointments as arbitrator include:
    • an international arbitration involving a Master Franchise Agreement for a commercial product
    • a domestic arbitration involving a default termination for a commercial service between subcontractors under a U.S. government prime contract
    • an international arbitration involving contract delay and payment issues for a defense product
    • an international arbitration involving breach of contract for an aerospace system
    • an international arbitration involving construction issues on an energy production contract
    • an international arbitration involving a software end user license agreement
  • Won major arbitration under the rules of London Court of International Arbitration against satellite operator: Acting as claimant obtained a complete victory, recovering 100 percent of the claimed payments due under a commercial satellite contract, plus interest.
  • Successful resolution under the rules of the ICC International Court of Arbitration where European contractor claimed damages in excess of $150 million in connection with a software development and hardware installation contract. Acting as respondent, obtained a favorable arbitration decision on the liability phase of the arbitration. Thereafter, case settled for a minimal amount.
  • Successful resolution under the rules of the ICC International Court of Arbitration where East Asian contractor claimed damages in excess of $80 million on satellite construction contract. Acting as respondent, obtained favorable settlement during conduct of arbitration. Although insurance had been purchased covering satellite anomalies, the insurers declined to pay claims. Acting as claimant under the rules of the American Arbitration Association, obtained a favorable settlement with insurers during conduct of arbitration.
  • Successful mediation of commercial satellite dispute involving payment of incentives on a commercial satellite contract. After a two-day mediation, the customer agreed to pay over 85 percent of the amount at issue.
  • Won $90 million cost accounting case before the Armed Services Board of Contract Appeals (ASBCA). The Defense Contract Management Agency disallowed approximately $90 million in overhead costs relating to land sales in Silicon Valley. The aerospace company appealed the disallowance to the ASBCA and after a five-day trial the ASBCA judge issued a decision ruling for the company on all points.
  • A competitor had unseated a leading aerospace company in a competition for the next generation of a major national security system. Filed first aerospace industry bid protest to this government agency and Government Accountability Office overturned contract award which lead to the aerospace company securing multi-billion dollar program.
  • Successful outcome to high profile and high dollar value trade secret litigation. A leading aerospace company contended that its proprietary information was used by a competitor to win Air Force launch services contracts. Legal advocacy to Air Force based on information in the complaint prompted Air Force to reallocate $1 billion in launch service contracts to the aerospace company. Thereafter, matter settled to parties satisfaction.
  • Persuaded the Department of Justice that there was no legal basis to institute a lawsuit in matter where simple negligence of an employee caused anomaly in spacecraft landing. Successful advocacy to Department of Justice avoided (1) damages in excess of $100 million to the company and (2) a precedent setting contract interpretation which would stop future planetary science missions by aerospace companies due to unbounded financial risk.
  • Defeated plaintiff claim of $3 billion in high profile Civil False Claims Act litigation.
    Case twice featured on the ABC Nightline News, along with multiple print and online publications.