FN-4825540 MN-4825540 LN-4825540, Esq.
Attorney, Arbitrator, Mediator
Long Beach, California
The Uthoff Law Corporation, a PLC – Managing Shareholder and Founder
Attorney, Arbitrator, Mediator
Managing Shareholder/Founder, The Uthoff Law Corporation a PLC, 2006-Present; Mediator, 1999-2006; Attorney, Coniglio & Uthoff a PLC, 1990-2006; Associate Attorney, Chase Rotchford Drukker & Bogust, 1989-1990.
Over 30 years’ experience as an attorney representing clients worldwide in all aspects of the transportation industry including steamship lines (liner service and tramp), ocean transportation intermediaries (NVOCCs and freight forwarders), trucking companies, FMCSA forwarders and property brokers, rail yards, warehousemen, stevedores and terminal operators, air freight forwarders, customs brokers, 3PLs and other logistics providers. Maintains an active legal practice.
Litigation experience includes: general civil litigation; collecting freight, demurrage, detention, per diem and dead freight claims; advice and litigation concerning all aspects of intermodal transportation and logistics; prosecuting and defending cargo damage/loss claims; regulatory and administrative matters with the Federal Maritime Commission, FMCSA, United States Customs, California Air Resources Board, and California Dept. of Labor; independent contractor misclassification claims; wage and hour claims; insurance coverage disputes representing the insured; international business transactions; vessel arrests domestically and abroad; general business and contract disputes; also represents trucking companies in limited criminal matters such as in response to overweight and overdimensional cargo and permit violations.
Transactional and general experience includes: drafting, and analysis various business contracts, bills of lading, service contracts, tariffs, preferential assignment agreements and stevedoring agreements; drafting shipper/carrier, shipper/broker and broker/carrier agreements and related motor carrier agreements; insurance coverage review and opinions; general contract advice and drafting; vessel charters; regulatory licensing (FMC and FMCSA); general advice concerning labor and employment including labor union/management relations; employment and independent contractor contracts; drafting SaaS agreements; outside general counsel representation.
Litigation experience includes: general civil litigation; collecting freight, demurrage, detention, per diem and dead freight claims; advice and litigation concerning all aspects of intermodal transportation and logistics; prosecuting and defending cargo damage/loss claims; regulatory and administrative matters with the Federal Maritime Commission, FMCSA, United States Customs, California Air Resources Board, and California Dept. of Labor; independent contractor misclassification claims; wage and hour claims; insurance coverage disputes representing the insured; international business transactions; vessel arrests domestically and abroad; general business and contract disputes; also represents trucking companies in limited criminal matters such as in response to overweight and overdimensional cargo and permit violations.
Transactional and general experience includes: drafting, and analysis various business contracts, bills of lading, service contracts, tariffs, preferential assignment agreements and stevedoring agreements; drafting shipper/carrier, shipper/broker and broker/carrier agreements and related motor carrier agreements; insurance coverage review and opinions; general contract advice and drafting; vessel charters; regulatory licensing (FMC and FMCSA); general advice concerning labor and employment including labor union/management relations; employment and independent contractor contracts; drafting SaaS agreements; outside general counsel representation.
Independent mediator and arbitrator since 1999 with experience on the following panels:
Transportation ADR Council, Arbitrator Panelist, 2017-Present; Mediator Panelist, 2005-Present; Responsible for the administration of the Council’s ADR program, 2014-2019; Long Beach Bar Association, Mediator Panelist, 2014-Present; United States District Court for the Central District of California, Attorney Settlement Officer, 2016-Present; Los Angeles Superior Court volunteer arbitrator and mediator, 2000-2013.
Ample experience in multi-party mediations. With the advent of Zoom remote mediations, multi-party mediations are more efficiently handled.
Transportation ADR Council, Arbitrator Panelist, 2017-Present; Mediator Panelist, 2005-Present; Responsible for the administration of the Council’s ADR program, 2014-2019; Long Beach Bar Association, Mediator Panelist, 2014-Present; United States District Court for the Central District of California, Attorney Settlement Officer, 2016-Present; Los Angeles Superior Court volunteer arbitrator and mediator, 2000-2013.
Ample experience in multi-party mediations. With the advent of Zoom remote mediations, multi-party mediations are more efficiently handled.
Successfully mediated hundreds of cases concerning: cargo damage; freight claims; personal injury (vehicle, premises, product liability); general business and contract disputes; real estate disputes; ADA claims; insurance disputes.
The vast majority of disputes can and should be mediated and solved. No specific method is employed, however, as the majority of the mediations conducted involved business disputes, evaluative mediation is often an effective method to reach resolution. Three important principles assist with a successful resolution of any conflict: 1) patience to allow the mediation process to proceed at its own pace; 2) keeping an open mind – avoid entrenchment of position and 3) have a willingness to resolve the dispute.
University of Southern California Gould School Of Law (JD, Hale Moot Court Honors Program-1989); University of Southern California (BA, Awarded University Scholarship for Outstanding Students, Political Science-1986).
Admitted to the Bar: California (1989); US District Court: Central (1989), Eastern (2003), Northern, and Southern (1990) Districts of California (1990), Eastern District of Michigan (2008), District of Colorado (2012); US Court of Appeals: 9th Circuit (1989), District of Columbia Circuit (1992); US Supreme Court (1999).
US Court of International Trade (2004); US Federal Maritime Commission (1991).
State of California: Real Estate Broker’s License (2007); Notary Public (2008-2021).
US Court of International Trade (2004); US Federal Maritime Commission (1991).
State of California: Real Estate Broker’s License (2007); Notary Public (2008-2021).
Transportation Law Association (Member, former ADR Co-Chair and Executive Committee Member at large); Maritime Law Association (Proctor Member); Long Beach Bar Association (Admiralty Section, Executive Committee Member).
Wisconsin Motor Carriers Association: 2019 Presented, “Motor Carriers’ Liens, How a Carrier’s Lien can Help You Get Paid, But It Can Be Risky”; “Motor Carrier Cargo Insurance”; and panelist contributing California law analysis for “Independent Contractors, Current Challenges and Risk Mitigation”.
Transportation Lawyers Association: 2019 Moderator of ADR Bootcamp, Chicago, IL “Breezing through Mediation in the Windy City: The Latest Currents for Successful Settlements”; 2016 Transportation Law Institute, 2016 Moderator, “There is a Meltdown at the Port. Now What?”; 2014 Transportation Law Institute, St. Louis, MO, Presented, “The Role of a NVOCC in a Multi-modal Export Shipment, a Regulatory Perspective”.
“Deep Analysis: Successful mediation requires on the part of both parties patience, an open mind and a willingness to compromise”, Los Angeles County Daily Journal, Verdict & Settlements, September 1, 2000.
Transportation Lawyers Association: 2019 Moderator of ADR Bootcamp, Chicago, IL “Breezing through Mediation in the Windy City: The Latest Currents for Successful Settlements”; 2016 Transportation Law Institute, 2016 Moderator, “There is a Meltdown at the Port. Now What?”; 2014 Transportation Law Institute, St. Louis, MO, Presented, “The Role of a NVOCC in a Multi-modal Export Shipment, a Regulatory Perspective”.
“Deep Analysis: Successful mediation requires on the part of both parties patience, an open mind and a willingness to compromise”, Los Angeles County Daily Journal, Verdict & Settlements, September 1, 2000.
Live hearings conducted in southern California (from Santa Barbara County to San Diego County) will not incur travel expenses.
$500 Per Hour
English
United States of America
Long Beach, CA
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.
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.
