Professional Experience
2022 - present
Founder/Mediator
Barnard Mediation LLC
Responsible for conducting mediations nationwide.
2018 - 2022
Claims Counsel
Zurich North America Insurance Company
Overview:
Responsible for managing a high volume of complex claims involving banks, asset management companies, private equity firms, and other financial institutions. Assessed coverage issues and interpreted the language of a variety of policy forms to formulate appropriate coverage positions. Conducted investigations, evaluated liability, set reserves, managed costs, attended mediations, and negotiated settlements. Matters included D&O, lender liability, employment practices liability, fiduciary liability, and trust department liability claims in multiple jurisdictions across the country. Successfully negotiated settlements well below reserved levels.
Representative Matters:
Successfully mediated FDIC claims against several former directors of bank that had failed due to fraudulent scheme perpetrated by former bank President.
Mediated settlement of $30 million professional liability claim against bank.
Successfully mediated multiple cases involving complex UCC issues raised in multiple corporate customer claims against banks over unauthorized ACH transfers.
Mediated case involving allegations against a bank whose customer was running a Ponzi scheme through accounts at the bank.
2012Â - 2018
Counsel
Federal Deposit Insurance Corporation
Professional Liability Unit
Arlington, VA
Overview:
Responsible for investigating failed banks, evaluating viability of professional liability claims, assessing potential for recovery, managing litigation, and settling claims. Selected and managed outside counsel in multiple jurisdictions
Representative Matters:
Led investigation and oversaw litigation against seven former directors and officers of failed bank who approved 19 grossly negligent CRE and ADC loans that caused more than $8.5 million in losses. Successfully resolved through mediation.
Oversaw investigation and litigation of dozens of mortgage fraud cases arising out of the failures of two large banks. Successfully settled many of the cases through mediation.
Investigated and successfully mediated, prior to the filing of a lawsuit, potential claims against five former directors and officers of failed bank who approved two grossly negligent CRE loans that caused more than $5.3 million in losses.
Led investigation and litigation of case against former directors and officers of failed bank who approved five grossly negligent loans that caused more than $3 million in losses. Successfully settled through mediation.
Successfully negotiated a resolution to professional liability claims against the former officers and directors of a failed bank in the upper Midwest.
Panelist on Strategic Discovery at the Conference on Current and Emerging Issues in Professional Liability Litigation, 2014
2010 - 2012
Senior Attorney
Federal Deposit Insurance Corporation
Litigation and Claims Section
East Coast Temporary Satellite Office
Jacksonville, FL
Overview:
Responsible for managing litigation involving FDIC in its capacity as receiver for failed banks and advising Division of Resolutions and Receiverships regarding the administrative claims process. Selected and managed outside counsel in multiple jurisdictions
Representative Matters:
Successfully defended litigation involving allegations of fraud, misrepresentation, and breach of contract in connection with a real estate development project for which failed bank provided the acquisition loan and allegedly promised to make construction loans; upheld on appeal.
Managed dozens of cases for receivership of two failed Puerto Rico banks, many involving allegations of fraud and corruption.
Successfully defended case involving allegations of fraud, breach of fiduciary duty, breach of contract, and misrepresentations in connection with the administration of construction loan; upheld on appeal.
1994 - 2010
Partner (2002 - 2010)
Associate (1994 - 2002)
Thompson Hine LLP
(formerly Gould & Wilkie LLP)
Business Litigation practice group
Bankruptcy and Creditors' Rights practice group
New York, NY
Overview:
Partner in the Business Litigation and Bankruptcy practice groups. First chair at trials, hearings, and appellate arguments in state and federal courts across the country. Significant arbitration and mediation experience. Served on New York State Bar Association Standing Committee on Attorney Professionalism from 1998 to 2003.
Representative Matters:
Trial of complex, $52 million securities fraud action in U.S. District Court in Texas; case went to jury and settled before verdict.
Successfully defended publicly traded company in $28 million suit by former board members for breach of fiduciary duty and breach of contract following their ouster from the board.
Obtained dismissal of $80 million shareholder derivative suit alleging fraud, self-dealing, breach of fiduciary duty, and corporate waste against officers of publicly held corporation.
Successfully defended a professional sports league in $18 million case involving, among other things, allegations of breach of contract, breach of fiduciary duty, fraud, and business torts.
Authored winning appellate brief in landmark premises liability case before New York Court of Appeals.
Obtained multi-million dollar award for claimant in NASD arbitration against brokerage house on claims including fraud, breach of fiduciary duty, churning, and breach of contract.
Successfully tried more than a dozen eminent domain cases on behalf of public utility company, including extensive work with expert witnesses.
Successfully defended major securities firms in several securities arbitration cases alleging unsuitability, churning, conversion, breach of fiduciary duty, unjust enrichment, and fraud.
Successfully represented a Fortune 500 plaintiff in a multi-million dollar case in federal court in Connecticut involving breach of contract and breach of warranty claims.
Successfully represented medical communications company in $50 million action alleging breach of fiduciary duty and conversion against former company president.
Brought successful litigation against company owned by Oscar-winning actor for violations of wage and hour laws.
Successfully defended cases involving attorneys accused of violating rules of professional conduct.
Successfully litigated cases to enforce non-compete agreements against former employees of corporation.
Negotiated favorable settlements of multiple securities cases brought against publicly traded company involving allegations of fraud and breach of employee stock option agreements.
1992 - 1994
Law Clerk
New Jersey Office of Administrative Law
Newark, NJ
One of four law clerks serving 52 Administrative Law Judges.
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EDUCATION AND TRAINING
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UNIVERSITY OF PENNSYLVANIA LAW SCHOOL
J.D. earned 1992
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SYRACUSE UNIVERSITY
B.A. earned, cum laude, 1989
English and journalism, dual major​
lower division honors program completed
upper division honors program completed
national honor society
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AMERICAN INSTITUTE OF MEDIATION
- Mediating Commercial and Litigated Cases (40-hour course), 2022
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PIEDMONT DISPUTE RESOLUTION CENTER
- Certificate in Basic Mediation and Conflict Resolution Skills Training (approved by the Supreme Court of Virginia), 2017
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PERSONAL
Activities and Community Involvement
- Proud sponsor of Tee Up Fore Kids fundraiser for Child & Family Services of Northwestern MichiganÂ
- Former Back on My Feet Team Leader
- Long distance runner - more than 30 marathons and more than 20 ultramarathons
- Crossword/sudoku/puzzle addict