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Richard L. Mattiaccio

Adjunct Professor of Law

Richard L. Mattiaccio, FCIArb, C. Arb
Chartered Arbitrator
Fellow, Chartered Institute of Arbitrators
Fellow, College of Commercial Arbitrators
Adjunct Professor, Fordham Law School
Partner, Allegaert Berger & Vogel LLP
111 Broadway, 20th Floor
New York, New York 10006
Phone: +1 (212) 571-0550
Facsimile: +1 (212) 571-0555
E-mail:  rmattiaccio@abv.com
Arbitrator-Mediator CV: www.mattiaccio.com
www.abv.com

CURRENT

  • Partner in the arbitration and litigation practice of Allegaert Berger & Vogel LLP
  • Adjunct Professor, Fordham Law School (International Commercial Arbitration)
  • Arbitrator and mediator in international, commercial, IP and executive employment disputes 
  • AAA Panel Arbitrator since 1987: Complex Commercial, International
  • ICC Arbitrator
  • CPR Non-Administered Rules Arbitrator
  • Ad Hoc Arbitrator
  • Mediator in Ad Hoc, ICDR and court-sponsored mediation
  • Chartered Arbitrator and Fellow, Chartered Institute of Arbitrators (FCIArb, C. Arb)
  • Fellow, College of Commercial Arbitrators (CCA)
  • Chair, International Commercial Disputes Committee (ICDC), New York City Bar Association
  • Vice-Chair, Chartered Institute of Arbitrators (CIArb) New York Branch
  • Vice-Chair, New York International Arbitration Association (NYIAC)

ARBITRATOR AND MEDIATOR SERVICE

Service as tribunal chair, sole arbitrator, and tribunal member in a broad range of international and complex domestic US commercial, IP and employment cases, including:

• Commercial Contracts:  full range of disputes involving long-term supply contracts including price determinations, timeliness of performance, nonconformity of goods, failure to deliver related services, breach of express and implied warranties, implied duties (best efforts, good faith and fair dealing), price determination, conditions, stipulated damages, hardship, impossibility, mandatory law, mistake, limitations on damages, anticipatory breach, repudiation, termination, restitution, damages, set-off, assignment or transfer, third-party rights, limitations periods, joint and several liability, fraud

• Corporate Transactions:  private mergers and acquisitions, breach of representations and warranties, price adjustments, earn-out agreements, breach of post-closing covenants

• Licensing, Franchise, Dealer and Sales Agency Agreements:  failure to perform, wrongful termination, breach of exclusivity obligations, failure to meet targets or exercise best efforts, noncompliance with statutorily-imposed duties

• Aerospace and Defense:  supply chain disruption, Tier 1/ sub-tier relationships, defective parts, delay, hardship claims in long-term supply arrangements, intellectual property rights disputes, stipulated damages

• Energy:  solar panel manufacturing defects, wind farm construction, turbine defects and maintenance issues, civilian contractor tank farm maintenance and battlefield fuel supply

• Life Sciences:  patent infringement, misappropriation of jointly developed technology, licensing disputes, violation of confidentiality and non-compete obligations

• Closely-held Corporations:  accounting, mismanagement and misappropriation, breach of non-compete, fair value/FMV minority share valuation

• Limited Liability Company:  disputes between Members and Managers based on operating agreement terms, implied duties

• Professionals:  compensation, competition disputes between law firms and departing partners, fee-sharing disputes between predecessor and successor counsel

• Employment:  executive compensation including investment banker bonus disputes, wrongful termination, breach of duty of loyalty, breach of non-compete agreements

REPRESENTATIVE CASES AS ARBITRATOR OR MEDIATOR

A dispute over whether the filing of new patents using research data derived from in vitro and in vivo studies using proprietary technology supplied pursuant to a Materials Transfer Agreement (MTA) violated the terms of the MTA

  •  Claims of breach of pharmaceutical marketing agreements
  •  An arbitration brought for breach of wind farm warranty and maintenance contracts
  •  Solar panel customer/manufacturer breach of contract/breach of warranty disputes
  •  A claim brought by a terminated patent agent for a declaratory judgment that it had earned contingent fees in connection with worldwide software patent litigation
  •  An emergency arbitration brought by a third-party funder to obtain an injunction preventing distribution of class action settlement funds pending a decision on the merits in the arbitration
  •  Claims of breach of contract and breach of fiduciary duty against private equity fund managers
  •  An arbitration brought for alleged violation of non-competition obligations pursuant to a financial services management contract
  •  A complex contract dispute between a hedge fund manager and founders of the fund
  •  Numerous cases in which wrongful termination of exclusive long-term supply or distribution agreements was alleged
  •  Disputes between suppliers and their exclusive US importers of commodities, industrial, or consumer products and related service obligations
  •  An arbitration between two competitors regarding alleged infringement of a famous service mark
  •  A claim of breach of exclusivity obligation brought against a national real estate brokerage system and its exclusive Manhattan franchisee
  •  Executive compensation (including investment banker bonus) cases
  •  Mediating disputes between shareholders in closely held companies
  •  Mediating disputes between LLC members and managers
  •  Mediating employment discrimination and hostile work environment claims
  •  Mediating a dispute between pro se members in a Connecticut-based LLC entirely in Italian


  ARBITRATION-RELATED ACTIVITIES

Chartered Institute of Arbitrators (CIArb) New York Branch

  • Vice-Chair since January 2017
  • Course Co-Director, Annual Columbia Law School/CIArb Comprehensive Course on International Arbitration since 2017
  • Past Chair, Programming Committee

New York International Arbitration Center (NYIAC)

  • Vice-Chair since January 2017
  • Board and Executive Committee Member (2012-present)
  • Member, informal founders’ group (2010-12)

College of Commercial Arbitrators (CCA)

  • Co-Chair, Law Firm Committee, 2015-16
  • Member, International Committee (2014-present)

International Arbitration Club of New York

  •  Member

LAW PRACTICE EXPERIENCE

Partner, Allegaert Berger & Vogel LLP, September 2017-present

Representation of Swedish client in UNCITRAL Rules ad hoc arbitration and in related litigation in the Southern District of New York to compel UNCITRAL arbitration of disputes over earn-out provision in client’s strategic acquisition of a US company in automotive inspection business, related IP disputes, and antitrust litigation with a party related to the seller regarding competition for state inspection-related contracts

Representation of Chinese investors in New York hotel property in Commercial Division, New York County, in the Appellate Division, First Department, and at NYC Department of Buildings regarding compliance with local building code provisions governing new construction

Representation of South American energy client in connection with fraudulent diversion to Asian bank of client funds intended to pay a US-based supplier 

Partner, Squire Patton Boggs (US) LLP (formerly Squire Sanders) New York, 2007-2017

Cross-border and domestic commercial and IP litigation, international and commercial arbitration in a broad array of industrial and commercial sectors, including:

  • Aerospace (Supply Chain)
  • Consumer Products (Branding, Marketing)
  • Energy (Oil & Gas, Solar, Wind)
  • Supply Agreements
  • Manufacturing, Outsourcing
  • Construction Projects
  • Fashion Brands (Trademark Protection)
  • Hotel Development, Management (Investor/Manager Relations)

Firm Leadership Roles: Litigation Practice Group New York office leader; New York Ethics Partner; firm-wide Industry Group Leader, Consumer Products and Retail

Partner, Pavia & Harcourt LLP, New York, 1987-2007; Associate, 1983-86

Representation of EU-based companies and U.S. subsidiaries of EU-based groups in arbitrated, litigated and mediated disputes with strategic commercial partners in the United States; consulting and supervisory relationships with local counsel representing US-based parties in Italian judicial and arbitral proceedings.

Client representation in New York included litigated and arbitrated disputes, related to:

  • Commercial Cross-Border Banking
  • Consumer Products Design, Manufacture, Distribution
  • Fashion Licensing, Franchising, Brand Protection
  • Long-term Commercial Supply Relationships
  • Machine Tool, Cell and System Supply 
  • Medical Device Supply  
  • Real Estate Development and Investments
  • Representation of a sovereign in US federal and NY state court litigation
  • Specialty Food and Beverage Import and Distribution
  • Technology Licensing
  • Transportation/Logistics
  • Venture Capital Investments

Leadership Role: Chair, Arbitration and Litigation Practice Group (1998-2007)

Litigation Associate, Simpson Thacher & Bartlett, New York, 1979-83

  • Training in pretrial, trial and appellate practice in complex Antitrust, Products Liability, and Securities cases in New York federal and state courts

Federal Appellate Clerkship, Chief Judge Daniel M. Friedman, US Court of Claims (1978-79)


REPRESENTATIVE CASES IN LAW PRACTICE

Representing plaintiffs and defendants in cases involving allegations of breach, wrongful termination or non-renewal of exclusive licensing, distribution or franchise, and long-term supply and manufacturing agreements in a variety of fields
 Representing a Swedish purchaser of US companies in arbitration and litigation of post-closing disputes with the seller and a related entity regarding earn-out calculations, IP use, and post-closing competition
 Representing a Chinese investor in a New York City hotel property in litigation in New York State courts with a neighbor over compliance with the local building code
 Representing a controlling member of an LLC owner of a lifestyle hotel chain in litigation in the Commercial Division, New York County over the surviving interest of a deceased LLC member’s estate
 Defense of product defect claims asserted in international arbitration against a manufacturer of solar panels
 Representing a windfarm developer in connection with the wrongful termination of long-term energy supply contracts
 Acting as lead counsel in cross-border litigation and international arbitration on behalf of an aerospace manufacturer against a sub-tier supplier threatening to disrupt an aircraft assembly line over the supplier’s demand for a price increase in a long-term, fixed price supply contract
 Representing the Government of Italy in litigation resulting in US judicial compulsion, and in negotiations to obtain the voluntary return of Classical and Hellenistic period artifacts illegally removed from Sicily and southern Italy
 Representing a high-fashion trademark owner and its licensee manufacturer in TM counterfeiting cases against major discount retailers and suppliers in Southern District of New York (SDNY) resulting in permanent injunctions and multimillion dollar recoveries
 Obtaining confirmation of international arbitral awards
 Acting as lead counsel in a federal securities fraud case that proceeded to a jury trial in SDNY and verdict for the client
 Defending an Italian bank in purported class actions brought against foreign bank defendants and their manufacturer-customers for alleged violations of US anti-terrorism laws
 Defending Lanham Act, RICO and common law claims brought by New Jersey and Florida franchisees of a supplier of high‑fashion leather goods, clothing and accessories
 Representing the purchaser of an engineering firm in purchase price adjustment arbitration
 Representing a minority shareholder/former CEO of a closely held corporation in arbitration to obtain fair value for his shares
 Representing clients based in Italy, Japan, the People’s Republic of China and the US in connection with challenges to the jurisdiction of local federal and state courts
 Representing non-US based parties seeking federal discovery under 28 USC §1782 in aid of civil proceedings pending or threatened in courts located outside the US
 Representing an energy services company in UNCITRAL arbitration to obtain payment from a multinational organization for services rendered to a peacekeeping mission
 Representing executives or employers in contract disputes arising from termination of the employment of highly compensated executives
 Representing investors, managers and tenants in Manhattan office, retail and hotel properties in contract disputes with investors, contractors, landlords and brokers
 Defending automotive, machine tool, industrial equipment and medical device manufacturers in product defect litigation
 Serving as New York trial counsel and as national coordinating counsel for major Italian automotive manufacturers in the defense of product liability cases

BAR ASSOCIATION ACTIVITIES

Current Bar Association Service
Chair, International Commercial Disputes Committee (ICDC), New York City Bar Association
Member, President’s Working Group on Enhanced Speed and Efficiency of Dispute Resolution, New York City Bar Association
Member, NYSBA Dispute Resolution Section
Member, NYSBA International Section
Past Bar Association Service (Partial)
New York City Bar Association

  • Co-Chair, In-House/Outside Litigation Counsel Group
  • Chair, Products Liability Committee
  • Member, Arbitration Committee
  • Member, Judiciary Committee
  • Member, Professional and Judicial Ethics Committee
  • Member, Professional Discipline Committee
  • Member, Civil Rights Committee
  • New York State Bar Association
  • Executive Committee and Founding Co-Chair, Dispute Resolution Section (DRS)
  • IDR Committee
  • Co-Chair, DRS Legislation Committee
  • Member, Ethics Committee
  • Member, International Section
  • Federal Circuit Bar Association
  • Founding Co-Chair, Judge Daniel M. Friedman Memorial Committee
  • Co-Chair, 2012-13 Friedman Lectures on Excellence in Appellate Advocacy

RECENT PUBLICATIONS 

Author :
Do Arbitrators Know The Law (And Should They Find It Themselves)? Dispute Resolution Journal (DRJ), Vol: 73, No: 1 © JurisNet, LLC 2018 www.arbitrationlaw.com/books/dispute-resolution-journal
In-House Counsel's Key Role in Arbitration: Ensuring the Process Meets Company Expectations (NYSBA Inside, Vol. 33, No. 3, Winter 2015)
Expert Q&A on International Arbitration in New York (Practical Law, April/May 2018)
Arbitration Tips and Traps for Corporate Counsel (Corporate Counsel, ALM Media, October 16, 2014)
Arbitration Do’s and Don’ts for the Trial Lawyer (NYSBA NY Litigator, Vol. 19, No. 2, Fall 2014) reprinted in NYSBA Trial Lawyers Section Digest No. 70, Spring 2017)


Co-author:

  • Mediation in Italy: A Bridge Too Far? (AAA Dispute Resolution Journal, Vol. 66, No. 3, August-October 2011)

Co-Drafter :

  • Why Choose New York for International Arbitration (January 2017) 
  • Choose New York Law for International Commercial Transactions (October 2014)  

Contributor:

  • NYSBA Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of Domestic Commercial Arbitrations and Guidelines for the Arbitrator’s Conduct of the Pre-Hearing Phase of International Arbitrations
  • ICDC Reports and Amicus Briefs 
  • Awards of Interest in International Commercial Arbitration: New York Law and Practice (June 2017)
  • Second Circuit Amicus Brief in Support of Respondent-Appellant (Kiobel v. Cravath, Swaine & Moore, LLP) (17-424-cv) (April 2017)
  • Second Circuit Amicus Brief in Support of Motion for Rehearing in CBF Indústria de Gusa S/A et al. v. AMCI Holdings, Inc. (February 2017)
  • Advance Waivers of Arbitrator Conflicts of Interest in International Commercial Arbitrations Seated in New York (March 2016)
  • 2010 UNIDROIT Principles Working Group Observer

RECENT FACULTY AND SPEAKING ENGAGEMENTS

  • Course Co-Director, Columbia Law School - CIArb Comprehensive Course on International Arbitration , a one-week intensive course given annually, since June 2017
  • Faculty, NYSBA DRS Arbitration Training, Cardozo Law School, 2018, 2017, 2011-15
  • Speaker, 60 Years Since the New York Convention: How Has Arbitration Changed, Association of Conflict Resolution Program June 5, 2018, New York Law School (NYLS)
  • Speaker, Cutting Edge Topics in Commercial Arbitration: Independent Research by Arbitrators, April 11, 2018, NYLS
  • Moderator, Commercial Arbitration: Domestic vs. International – How Different Are They in Practice, New York City Bar Great Hall Event, November 14, 2017
  • Presenter, Back to the Beginning, CCA Annual Meeting, October 20, 2017
  • Third-Party Funding Panel, AAA/NYLS, Hot Topics in Arbitration, March 15, 2017
  • Faculty, Cross-Fertilization of Best Practices for Improving Dispute Resolution in the Courts and in Arbitration and E-Discovery Panel, NYSBA ComFed Section and DRS, Fordham Law School, March 13, 2017 
  • Moderator, CIArb NY Program on IDR Career Opportunities in NYC, April 1, 2016
  • Presenter, Arbitration Clause-Writing, SINKROM Conference Series, March 24, 2016
  • Program Committee, CIArb NY Branch UNCITRAL Conference, October 21, 2015
  • Program Chair and Moderator, CIArb NY Branch Six-City Video-Linked Program on the UNIDROIT Principles 2010 Working Group presenters, February 25, 2015
  • Program Co-Chair, NYSBA DRS Section 2013 Fall Meeting 
  • Panelist, Business Arbitration: Addressing the Practical Concerns of In-House Counsel, NY City Bar (2010)
  • Panelist, ABA Section of Dispute Resolution, Avoiding the Arbi-Trial: How B2B Arbitration Can Be Expeditious and Cost Effective (New York, 2004)

DISPUTE RESOLUTION TRAINING (PARTIAL)

UNCITRAL Conference on UN Convention 60 Years, June 28, 2018; CPR Institute Annual Meeting, March 2018; Arbitration in China, February 14, 2018; 2018 NYSBA Annual Meeting; 2017 Fordham Law School Arbitration Conference; 2017 AAA-ICDR/ICC/ICSID Annual Joint Colloquium; Columbia Law School/CIArb Comprehensive Course on International Arbitration, June 6-10, 2016; CCA Annual Meetings (2013-2017); ICDR Annual Practice Vis Moot and Seminar (2011-2015); ICDR/IBA Four Roundtables in Times Square-Putting the Spotlight on International Arbitration on Broadway (2011); 3-Day Commercial Division Panel Mediator Advanced Training (2010); College of Commercial Arbitrators National Summit on Business-to-Business Arbitration (2009); AAA Arbitrator Ethics & Disclosure (2009); City Bar Mediation Training, Conflict Resolution Theory & Techniques (2009); ICDR International Symposium: Advanced Case Management Issues (2008); ICDR The Common Law/Civil Law Gap: The Issues and How International Arbitrators May Resolve Them (2006);  AAA Neutrals Conference (2005, 2004); Faculty, AAA Workshop, Safeguarding the Award: Top Strategies for Protecting an Arbitration Award from Vacatur (2004); AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (2004); Faculty, AAA Workshop, Arbitration Awards, Tips & Traps-Reduce or Minimize Challenges When the Case is Over (2004); AAA Arbitrator Update (2004, 2002); AAA Commercial Arbitrator II Workshop: Advanced Case Management Issues (2001); AAA Commercial Arbitrator Training (2000); AAA Advanced Arbitrator Training (1991)

BAR ADMISSIONS

New York (First Dep’t, 1979-present); US District Courts, Southern and Eastern Districts of New York; US Courts of Appeals for Second, DC and Federal Circuits; US Supreme Court

EDUCATION

Columbia Law School (J.D. 1978), Harlan Fiske Stone Scholar and Articles Editor, Journal of Law and Social Problems
Columbia College (B.A. 1975), magna cum laude, Phi Beta Kappa

LANGUAGES

Italian (fluent); Spanish (working knowledge)
Capable of conducting evidentiary hearings and mediation in Italian as well as English; experience includes successfully mediating entirely in Italian, briefing New York law directly in Italian for arbitration in Milan, and lecturing on US law and practice in Italian to business groups and lawyers in Italy

CITIZENSHIP

Dual Citizen:  USA and Italy