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Financial Services Mediation Answer Book (2017 Edition)

Author(s): Pierre M. Gentin, Layn R. Phillips, Jill R. Sperber, Lindsay R. Goldstein
Practice Area: Banking and finance, Dispute resolution, Financial services, Financial services litigation, Litigation, Mediation
Date: Jun 2017 i Other versions can be found in the Related Items tab.
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 Gentin is General Counsel of McKinsey & Company, Inc. He was a partner in the law firm of Cahill Gordon & Reindel and spent nearly two decades at Credit Suisse where his roles included Global Head of Litigation, Regulatory Enforcement and Employment Law, Head of Reputational Risk for the Americas, and General Counsel for the Research Division. Mr. Gentin also served in the U.S. Department of Justice as an Assistant United States Attorney for the Southern District of New York. Mr. Gentin is a Trustee of the Practising Law Institute and Princeton University's Julis-Rabinowitz Center for Public Policy and Finance. He is co-editor (with Judge Layn Phillips et al.) of a book on the mediation of complex financial disputes and he currently teaches an inter-disciplinary ethics course at the Wharton School of Business. Mr. Gentin attended Princeton University and Columbia Law School.

With nearly two decades of legal experience, Jill Sperber has handled over 1,200 mediations and arbitrations, helping parties achieve satisfying settlements ranging from five- to ten-figure values. She has served in a neutral capacity on a variety of business and financial matters, including high-stakes, complex, multi-party actions in the securities, D&O coverage and banking areas. Relying heavily on her business and legal acumen, Jill facilitates creative and equitable resolutions, often restoring the parties' confidence and saving future business relationships.

Before joining Judicate West, Jill practiced as a neutral full-time in the Irell & Manella Alternative Dispute Resolution Center, serving as a mediator, arbitrator, co-mediator and liaison on several arbitration panels. Prior to pivoting to dispute resolution full-time, Jill litigated high-stakes, complex business disputes for nearly a decade with the law firms of Cleary Gottlieb Steen & Hamilton and Irell & Manella. She also clerked at the Central District of California and the Ninth Circuit Court of Appeals.

Lindsay Goldstein is Director, Managing Litigation Counsel for Burlington stores Inc. She was Vice President of Credit Suisse in the General Counsel division, based in New York. Ms. Goldstein is a member of the Litigation & Investigations Group, where she manages a complex docket of civil litigation in the Americas, including matters with cross-border implications. Prior to joining Burlington Stroes Inc. in 2019, Ms. Goldstein was an associate at Cravath, Swaine & Moore LLP and a judicial clerk in the Eastern District of Pennsylvania.