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Financial Services Mediation Answer Book (2017 Edition)

 
Author(s): Layn R. Phillips, Pierre M. Gentin, Jill R. Sperber, Lindsay R. Goldstein
Practice Area: Corporate & Securities, Litigation
Published: Jun 2017
ISBN: 9781402428968
PLI Item #: 212508
Financial Services Mediation Answer Book provides detailed guidance, in question-and-answer format, on all aspects of mediating disputes involving financial services. More than 40 attorneys contributed to this book, reflecting a wide range of experiences, observations and perspectives, on both the plaintiff and defense sides. The book includes discussion of the decision to mediate, the roles of the participants to a mediation, choosing a mediator and venue, writing mediation submissions, conducting the mediation, engaging in settlement negotiations, and what to do when negotiations fail. In addition, the book covers how the availability of insurance affects the mediation process, and how to address issues that are specific to mediations involving auditors. The book also includes a chapter on recurring legal issues that can arise when mediating financial services disputes, and concludes with a series of Q&As by several highly experienced mediators.

Layn R. Phillips, founder of Phillips ADR Enterprises (PADRE), is both a former United States Attorney and a former United States District Judge.

Judge Phillips joined the United States Attorney’s office in Los Angeles in 1980 as an Assistant United States Attorney, serving as a federal prosecutor in the Central District of California for four years. During the Reagan administration, he returned to his home state of Oklahoma, where, at age 31, he was nominated to serve as a United States Attorney.

At age 34, he again was nominated by President Reagan to serve as a United States District Judge in Oklahoma City. During his four years on the bench, he presided over more than 140 federal trials in Oklahoma, New Mexico, and Texas. He also sat by designation on the United States Court of Appeals for the Tenth Circuit in Denver, Colorado, where he participated in numerous panel decisions and published multiple opinions.

For his years of commitment to public service, in 1989 he was named as one of the 10 Outstanding Young Americans by the U.S. Junior Chamber of Commerce. In 1991, he resigned from the federal bench and joined Irell & Manella, where for 23 years he specialized in complex civil litigation, internal investigations, and alternative dispute resolution. As a result of his trial work, in 1997 Judge Phillips was elected into the American College of Trial Lawyers. He has the dual honor of being named by LawDragon in 2006 as one of the “Leading Judges in America” and as one of the “Leading Litigation Attorneys in America.”

Judge Phillips received both his B.S. and J.D. from the University of Tulsa. He also completed two years of an LLM program at Georgetown University Law Center in the field of antitrust and economic regulation of industry.

Judge Phillips has also been inducted into the University of Tulsa Athletic Hall of Fame. He was a four-year letter winner in tennis, serving as the captain of the men’s varsity team and winning the NCAA Missouri Valley Conference Championship at #1 singles. Judge Phillips has a passion for travel and has visited every continent. He currently resides in Laguna Beach, California, with his wife Kathryn. He has three grown children Amanda, Parker and Graham and a granddaughter, Stella.


Pierre M. Gentin is a partner in the litigation group at Cahill, Gordon & Reindel LLP.  He represents clients in non-public disputes, litigation, investigations, and regulatory enforcement matters, with a focus on the financial services sector.  Before joining Cahill in 2015, Mr. Gentin served for nearly two decades as a Managing Director in various senior legal and risk positions at Credit Suisse AG, including Global Head of Litigation, Regulatory Investigations, and Employment Law, and Head of Reputational Risk for the Americas.  Before joining Credit Suisse, Mr. Gentin served in the U.S. Department of Justice as an Assistant United States Attorney for the Southern District of New York.  He graduated from Princeton University, magna cum laude, Phi Beta Kappa, and from Columbia Law School.


Jill Sperber has been involved in the mediation and/or arbitration of more than five hundred disputes, including cases ranging from general business and personal disputes to complex, high-stakes, and multi-party matters.

In addition to helping parties reach satisfying monetary resolutions, including settlements ranging from five to ten figure values, Ms. Sperber has played an integral role in cultivating resolutions involving innovative and effective non-monetary settlement components.

Fusing the skills she honed as a judicial clerk, litigator and a neutral, she candidly identifies and analyzes the key legal issues and the practical business implications of the underlying dispute while her affable nature quickly puts parties and counsel at ease.

Ms. Sperber’s judicial clerkship experiences, complex litigation work, and extensive ADR practice ­­­­­­­have established her as a neutral in the alternative dispute resolution arena.

Experience

  • Irell & Manella, LLP, mediator, arbitrator, and litigator
  • Cleary Gottlieb Steen & Hamilton LLP, litigator
  • U.S. Court of Appeals for the Ninth Circuit, law clerk for Hon. Ferdinand F. Fernandez
  • U.S. District Court for the Central District of California, law clerk for Hon. Gary L. Taylor

Education

  • Columbia Law School
    • Harlan Fiske Stone Scholar
    • Senior Articles Editor, Columbia Business Law Review
  • University of North Carolina, Chapel Hill