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EXPERIENCE

Over the course of his career, I have been fortunate to both handle a broad range of lawsuits, arbitrations and investigations for both plaintiffs and defendants and to serve as a neutral on these disputes.  These matters involved  energy, environmental, chemical, corporate disputes, financial institutions, professional services, transportation, education, healthcare and retail industries and include:

Energy

Energy matters involved electricity, oil/gas, and alternative/renewable energy markets.  Represented several multinational oil and gas companies and wholesalers in various lawsuits (Antitrust, PMPA) involving exploration, production (leases, royalties), pipelines, petrochemicals, refining and sales.  Alternative energy experience includes wind, solar energy, geothermal, hydroelectric and regulatory energy conservation programs.  Past counsel to the New England Alternate Energy Industries Association.  Arbitrated numerous multimillion dollar energy arbitrations including matters involving natural gas gathering and processing contracts, development of large solar energy projects, construction of wind turbine farms, ISO-NE tariffs and payment under DOE energy conservation programs.  Recently handled mediations between four municipalities and an energy aggregator over disputed increased charges (SREC) for electrical power and investors and creditors in a fuel cell technology company.

Environmental

I have handled numerous environmental matters throughout the country, including Superfund cases, contaminated wells, air pollution, leaking pipelines, UST cases, environmental professional malpractice and breach of contract, neighbor nuisance cases (toxic emissions) and Transfer Act claims.  National counsel for multinational oil company environmental exposure/ toxic tort cases.  I have mediated  various Federal and State Court cases, including a group of cases involving 19 parties and claims of pollution of industrial property, and a breach of contract/malpractice action against environmental professionals.

Chemical

I have represented several chemical companies involved in the manufacturing, transportation,  sale and use of various chemicals.  These included major refineries, chemical manufacturers, agricultural chemical suppliers and transportation companies (shipping, railroad, trucking) in the transportation of chemicals.  I have arbitrated cases involving the provision of chemical feedstocks and served as an arbitrator on disputes involving tolling agreements.  Post adjunct member of the American Chemistry Council.

Corporate

I have litigated, arbitrated (both as a neutral and advocate) and mediated various closely held corporate and partnership disputes involving valuation claims, contested control, improper transfer of assets, breach of fiduciary duty and owner and executive compensation.

Education

I have litigated and arbitrated employment and breach of contract claims for boards of education and NCAA investigations for private colleges.  Mediator for numerous employment claims (discrimination, harassment, retaliation, ADA), construction disputes, sexual abuse, special needs and personal injury cases involving colleges, private and public schools.

Professional Services

I have extensive experience as Managing Partner of McCarter & English, LLP, member of executive committees of two firms, and as trial attorney and arbitrator with matters involving law firms and legal services.  Handled claims for both plaintiffs and defendants of malpractice, breach of ethical obligations, grievances, breach of fiduciary duty, antitrust violations, law firm fee collection actions and disputes arising out of partnership agreements including the departure of partners and/or hiring of lateral partners.  Lead negotiator in departure of 50 plus lawyers from one firm and merger into another.  Sole arbitrator on million-dollar law firm fee dispute matter.  Mediated significant fee disputes between major law firm and clients.  Member of CBA Attorney Fee Dispute Mediation and Arbitration Panels.  Also handled claims for and against accounting firms involving audits, tax advice, breach of contract and  consulting. I have also, defended consultants, wealth managers, architects and insurance brokers.

Securities, Financial Institutions

I have represented publicly traded companies in connection with S.E.C. and Justice Department investigations regarding claims of material representations and omissions relating to the sale of securities, security filings and claims of obstruction of justice involving these investigations.  I have counseled and represented officers and directors on insider trading claims and have represented both individuals and a national bank in Rule 10(b)(5) fraud claims.  I represented a regional brokerage firm and various security and commodity brokers in churning, margin violation, suitability and breach of contract claims.  As a mediator, I recently settled a federal court action involving 10(b)(5) fraud and shareholder derivative claims.  I also represented FINRA’s predecessor, the National Association of Securities Dealers (NASD) in cases in Connecticut where one of the participants had challenged the arbitration process or hearing procedures.  I represented various accounting firms (Big 4, Regional) in connection with securities fraud actions against either them or their clients.  I am a FINRA arbitrator and mediator.

Employment

I have represented employers, officers and consultants in trials and arbitrations involving executive compensation, wrongful termination, harassment, retaliation, covenants not to compete, theft of trade secrets and violations of non-disclosure agreements.  The claims involved organizations in the education, big data, wealth management, insurance, real estate development, commodities trading, retail and health care industries.  I also served as a mediator in numerous court cases involving executive pay, discrimination, whistleblowing, ADA, FLSA, age, race, gender and national original discrimination allegations.

Transportation

Handled, tried and mediated breach of contract, personal injury, environmental, insurance and regulatory matters involving shipping (blue water and barges), trucking and railroad companies.

Personal Injury

I have tried and mediated numerous serious personal injury and wrongful death cases involving product liability, toxic tort, motor vehicles, defective premises, dram shop act and criminal violation claims.

REPRESENTATIVE ADR EXPERIENCE

Arbitrations

  • Sole arbitrator in a series of disputes involving the financing and development of major solar energy projects in the Northeastern United States.  Claims and Counterclaims exceeded $60,000,000.
  • Chair of panel involving several related breach of contract and construction dispute arbitrations arising out of a series of major solar energy public finance projects (90 solar generating sites), with cross claims for damages of over $100 million.
  • Chair of panel in multimillion dollar dispute involving claims of defective equipment supplied to a wind power project.
  • Chair of panel in dispute between natural gas producers and gas transportation and processing company involving the fees and payments made under numerous gathering and processing agreements.
  • Chair of panel in closely held multimillion dollar business dispute involving shareholder buyout and valuation of business.
  • Sole arbitrator in dispute between international law firm and client over unpaid fees and billing practices.
  • Member of panel adjudicating multimillion dollar dispute between independent power generator and a national energy provider involving breach of a Tolling Agreement and an ISO-NE program.
  • Member of panel adjudicating a multimillion-dollar breach of contract claim involving the purchase of foreign solar photo voltaic modules.
  • Sole arbitrator in a multimillion dollar breach of contract claim between a major advertising agency and an international retailer.
  • Sole arbitrator in dispute between an ISO and a provider of alternate energy solutions over a claim for reimbursement of fees that were overpaid under a FERC program.
  • Sole arbitrator in arbitration between medical device company and terminated CEO over rights to compensation including royalty payments for patents assigned to the Company by the largest shareholder and director.
  • Sole arbitrator in dispute between a Chinese company and a major on-line retailer.
  • Member of panel deciding breach of contract claims between a manufacturer of components for the automotive industry and foreign parts supplier.
  • Sole arbitrator in contract dispute between software developer and manufacturing business over various business software.
  • Sole arbitrator in a dispute between a manufacturer of a cleaning product and the company who labeled and distributed it arising out of the recall of the product by national retail chain.
  • Sole arbitrator in various disputes between property owners and architects and interior designers over redesign and reconstruction of commercial and residential properties.
  • Arbitrated various consumer, franchisee and small business disputes.

Mediations

  • Mediation arising out of several federal court actions involving the contamination (PCBs, VOCs, etc.) and multimillion dollar cleanup of an industrial property in Stamford, CT with related issues pertaining to the contamination of neighboring parcels.  Parties included three owners of the property over a 60 year period, five railroads (whose tracks were abutting and, in the past, ran through a corner of the property), two utilities and six neighboring businesses.
  • Intrafamily disputes over ownership and operation of several partnerships and businesses involved in the landscape, construction and garden center industries resulted in several lawsuits brought in state court by two brothers and one of their spouses claiming, inter alia, breach of contract, theft, breach of fiduciary duty, tax, environmental and bankruptcy claims.
  • Multimillion dollar maritime breach of contract dispute between an international shipping company and a major U.S. food processor involving payments for several shipments of agricultural products shipped to China from the United States.
  • Multimillion dollar contract dispute between several municipalities and an energy aggregator over pricing of electricity involving the state’s renewable energy program (SREC).
  • Securities fraud, derivative shareholder and corporate governance claims (under Delaware law) involving major shareholders and Board of Directors of a health products company.
  • Multiparty disputes between officers, investors and creditors of a fuel cell technology company.
  • Multiparty (tenant, building owner, installer, engineer, equipment manufacturing and component manufacturing) dispute involving million dollar plus property damage claims arising from the installation of cooling equipment for a computer server facility.  Case involved breach of contract, premises liability, product liability and indemnification claims.
  • Breach of contract lawsuit pending in state court between the owner of an oil distribution business and related oil storage terminal and an environmental consulting firm which had been hired to advise on the purchase of the facility and subsequent remediation.
  • Dispute between major law firm and a technology company over fees and claims of malpractice and ethical violations.
  • Series of mediations of cases pending in both state and federal courts arising out of the construction and remodeling of a high school and middle school.
  • Attorney malpractice action pending in Federal Court involving claims of mishandling an employment discrimination lawsuit and conspiracy amongst defense attorneys.
  • Dispute between educational institution and former teacher involving claims of retaliation and sexual abuse of students.
  • Copyright infringement action with Lanham Act counterclaims between a music publisher and a music instrument manufacturer.
  • Mediated various employment claims of illegal termination, ADA violations, gender, ethnic and racial discrimination, sexual harassment and personal injury involving teachers, employees and contractors for universities and high schools.
  • Mediated various §1983, ADA Employment and FLSA cases pending in Federal Court.
  • Mediated various significant personal injury and property damage claims.
  • I have served as a court-appointed mediator and/or settlement master in both Connecticut and New York state and federal courts.  I have also mediated cases referred from the Complex Litigation Docket of the Connecticut Superior Court.  Have served as mediator for the Connecticut Bar Association Attorney Fee Dispute Program and was the Connecticut mediator for the Dalkon Shield Trust Fund.
  • I have served as a court appointed mediator or settlement master in the state and federal courts in New York and Connecticut including cases referred from the Connecticut Superior Court Complex Litigation Docket and the New York Supreme Court Commercial Division.  I was the mediator for the Connecticut Dalkon Shield Trust Fund.

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Ph: 860-543-9181
Email: ericww@wiechmannadr.com