Staatsburg, New York

Lupo Law, Arbitration & Mediation PLLC - Managing Member

Arbitrator, Mediator, Attorney, Professor

Professor of Law, Marist College, School of Management, 2021-present<br/><br/>Managing Member, Lupo Law, Arbitration & Mediation PLLC, 2004-present <br/><br/>Judith S. Kaye Fellow, Historical Society of the New York Courts, George Jackson Academy, 2017-2018<br/><br/>General Counsel and Secretary, NYC Technology Development Corporation, 2017 (Secondment)<br/><br/>Senior Counsel, John Gore Organization/Broadway.com (f/k/a Broadway Across America), 2011-2012 (Secondment)<br/><br/>Vice President, Chief Legal Officer and Secretary, eDiets.com, Inc. (NASDAQSCM: DIET), 2001-2004<br/><br/>Adjunct Professor of Law, Law Touro Law School, 2001-2005<br/><br/>Vice President, General Counsel and Secretary, DietSmart, Inc., 1999-2001<br/><br/>Senior Litigation Associate, Montfort Healy McGuire & Salley LLP, 1996-1999<br/><br/>Law Clerk, Law Office of Jonathan Scott P.C., 1992-1995<br/><br/>Assistant Publicist, Jacksina Company, 1988-1990<br/><br/>Assistant Stage Manager, Vietnam Ensemble Theater Company, 1988-1990<br/><br/>Production/producer's assistant, several independent film, music video, industrials, and t.v. production companies, 1985-1992

Creative problem solver who has sat in every seat at the dispute resolution table in a nearly 30 year legal career. Has handled dispute resolution from every angle having been party, attorney and neutral in nearly 500 arbitrations, mediations, negotiations, and litigations. Brings zero practice-area bias to ADR work. Has worked in midsized law firm and as a general counsel to private, public/private not-for-profit, and public companies. Has represented both plaintiffs and defendants ranging from large multinational corporations (foreign and U.S.-based) to individuals. Has advised clients on matters pertaining to financing, mergers and acquisitions, core contracts, shareholder/member matters, employment, labor, vendor relations, intellectual property, finance, information technology, soft and hardware development. <br/><br/>Representative client industries: Information Technology; Fintech; Energy Tech; Ecommerce; Vcommerce; Technology Consulting, Entertainment (Theater and Film); Literary Publishing, Magazines, Consumer Products; Fashion; Fashion Licensing; Food; Hospitality; Personal Care; Borrowed Personnel; Retail; Architecture and Engineering. <br/><br/>Has held multiple non-legal positions in public relations, film and theater production and financing, and academia.

The following list stipulates the types of matters where served as a mediator:<br/>Business disputes <br/>Business divorce<br/>ADA Titles: II, III & IX<br/>Civil Rights: Titles: VI, IX, Rehabilitation Act, Pregnancy<br/>Civil Rights: Section 1983<br/>Commercial<br/>Contract <br/>Corporate <br/>Defamation<br/>Discrimination<br/>Divorce <br/>Ecommerce<br/>Employment<br/>Entertainment Sector<br/>Family Businesses<br/>Information Technology<br/>Insurance<br/>Intellectual Property (Trademarks/Patents/Copyrights)<br/>Internet<br/>Media & Communications<br/>Medical Devices<br/>Partnerships<br/>Rights of Publicity<br/>Sexual Harassment<br/>Shareholder/Member Disputes<br/>Software and Hardware development<br/>Trusts & Estates <br/>Unfair Competition<br/>VCommerce<br/>Wage & Hour (NYS)/FMLA.

EMPLOYMENT: <br/>Hostile work environment and retaliation matter involving employee allegations of widespread harassing and male-dominated culture at bank resulting in discrimination and a conspiracy among management employees to retaliate against female employees; assessment of extent of permissible ‘me-too’ discovery could be admissible if action did not resolve in mediation. <br/>Denial of severance benefits under an ERISA plan matter in connection with change of control of company.<br/>Whistle blower and retaliation (failure to promote) brought against large multinational corporation.<br/>Class action FLSA/NYLL/NYCHRL, discrimination and retaliation claims brought by terminated employees of medium sized public company.<br/>Age discrimination claims in connection with reduction in force at subsequent to acquisition of local business by national competitor.<br/><br/>INSURANCE: <br/>Multi insurer/party dispute arising from adverse weather, fire and rioting at outdoor multi-day music festival.<br/>Fraud and breach of contract action commenced by insurance company against its insured and the insurance broker. <br/>Primary & Excess insurance carrier dispute. <br/><br/>CORPORATE: <br/>Breach of partnership agreement and fiduciary duty by fashion company creative director partner.<br/>Shareholder derivative breach of contract and fiduciary duty action brought by celebrity in connection with consumer products business.<br/><br/>INTELLECTUAL PROPERTY: <br/>Infringement and counterfeit goods action brought by luxury goods brand.<br/><br/>TORT: <br/>Charges of defamation on social media and other platforms.<br/><br/>BUSINESS TORT: <br/>Malware attack subsequent to a failed M & A transaction.<br/><br/>PATENT: <br/>Dispute between university and professor (chemistry).Infringement business process patent.<br/>Dispute between co-creators of medical device.<br/>Dispute between medical device patent holder and counterparty to NDA. <br/>Copyright and breach of contract of a software development dispute between regional hospital system and software developer.<br/><br/>CIVIL RIGHTS: <br/>42 USC Section 1983 matters; Title IX; Title III; Rehabilitation Act; pregnancy & other matters; ADA (class action matter regarding access to public accommodation); website access; reasonable accommodation. <br/><br/>BUSINESS: <br/>Breach of contract, software development, equitable estoppel, and unjust enrichment.<br/><br/>CONTRACT: <br/>Breach of contract, unjust enrichment.<br/>Customs Agent breach of contract action.<br/>Breach of Covenant of Good Faith and Fair Dealing.<br/>LLC member dispute, breach of duty of fidelity, fiduciary duty, conversion, and fraud.<br/>Shareholder derivative action - breach of fiduciary duty, books and records, conversion by certain members of corporate assets, constructive trust.<br/>Colocation agreement for IT cloud hosting “hotel”. <br/>Breach of investment banking agreement.<br/>IT - software development for ecommerce website.

Each mediation is unique to the participants, their counsel and me. Therefore, I employ the techniques I have learned studying different mediation disciplines (e.g. facilitation, evaluation, and transformation) to craft the mediation experience the participants need to help them resolve their dispute.

Touro College (JD, with honors & dean’s list 1995); SUNY Stony Brook (MS, Political Science 1991); Bard College (AB, Film 1988).

Admitted to the Bar: New York (1996), Connecticut (inactive);<br/>U.S. District Court: Southern and Eastern Districts of New York.<br/><br/>U.S. Court of Appeals Second Circuit Mediator; Southern and Eastern District Court<br/>Mediator.

FINRA Arbitrator; American Bar Association Dispute Resolution Section; Association for Conflict Resolution: Greater New York Chapter; New York State Bar Association Dispute Resolution, Commercial & Federal Litigation and Labor & Employment Sections.

NYSBA Fall Meeting 2022 Early Mediation in Commercial and Employment Cases<br/><br/>NYS Council on Divorce Mediation Annual Meeting 2022 Impasse Breaking Skills<br/><br/>NYCLA: Starting and Maintaining a Successful ADR Practice<br/><br/>Clear Law: ADR and ODR: The Old New Standard for Dispute Resolution <br/><br/>ACR-GNY Annual Conference Panelist (Arbitrator Selection) <br/><br/>NYSBA ADR Advocacy Clinic, Instructor <br/><br/>NYSBA Bus. L. Sec. Diversity and Inclusion CLE <br/><br/>NYSBA Fall Meeting Panelist (Mediation Advocacy)<br/><br/>NYSBA Dispute Resolution Section Annual Meeting (Arbitrator Ethics)<br/><br/>NYSBA Dispute Resolution Section Fall Meeting (Mediation Impasse)<br/><br/>NY Women’s Bar Assoc./NYSBA/OCA (ADR in NY Courts) <br/><br/>NYSBA Dispute Resolution Section Fall Meeting Panelist (Arbitration and Mediation Ethics)<br/><br/>NYSBA and NYCBAR: Mediation Training Instructor<br/><br/>NYCBAR: Co-Chair: Mentorship versus Sponsorship Program<br/><br/>“The Hustle: Email Scams Targeting Attorneys and their Escrow Accounts” <br/><br/>“NYC Council Passes Act Limiting Use of Criminal History in Employment” <br/>

New York City & Dutchess County, New York

$530 Per Hour

English

United States of America

Staatsburg, NY

The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.