Conflict Resolution and ADR

McManis Faulkner’s litigation offerings are supplemented by a substantive conflict resolution and alternative dispute resolution (ADR) practice. Ours is a solutions-oriented approach, distinguished by thoughtful, strategic advocacy that expedites resolutions outside the courtroom, and sometimes prior to filing.

Below are our areas of practice, which are more fully described in their individual descriptions. 


Case Studies

Conflict Resolution and ADR Case Studies

An Executive's Smooth Exit

Result:
In just one month and through tough negotiations, McManis Faulkner provoked a settlement involving a high-level executive at a large public entity who had become the target of political pressure within the organization.

Client:
High Level Executive at a Large Public Entity

Overview:

When regulatory and operating pressures created change within a large public entity, a single, high-level executive became the target of paralyzing political pressure, creating a hostile work environment, making forward movement impossible and destroying organizational morale. Working with the executive, select members of the management team and in-house counsel, McManis Faulkner’s keen situational analysis identified potential litigation fall out beyond those involved and leading to negative consequences.




Executive Harassment

Result:
McManis Faulkner facilitated a swift end to a disgruntled former employee’s harassment directed at two executives.

Client:
Silicon Valley Financial Executives

Overview:

Two Silicon Valley financial executives were faced with damaging threats to their reputations from a disgruntled former employee. By cutting through fear and posturing amongst the involved parties, McManis Faulkner was able to put an end to the harassment.




Full Corporate Restitution

Result:
After assisting with an investigation involving an internal embezzlement scheme within a public company, McManis Faulkner was able to target the leader of the scheme and negotiate a settlement which included a signed confession filed with the District Attorney’s office, as well as full restitution and payment of related attorney’s fees.

Client:
Public Company

Overview:

A public company identified an accounting abnormality that turned out to be an internal embezzlement scheme. McManis Faulkner was called in to assist with the investigation. The scope of the scheme and employees involved were identified through a series of low-key, non-disruptive interviews.




Another Smooth Executive Exit

Result:
On behalf of a veteran executive of a publicly traded, international company, McManis Faulkner negotiated a settlement that included a graceful exit, severance package and confidentiality agreement. The company avoided a public relations spectacle and potential whistleblower lawsuit.

Client:
Veteran Executive of a Publicly Traded, International Company

Overview:

When a publicly traded, international company targeted a veteran executive to take the fall for an error with the potential to impact its stock price, the executive, fearing for her professional reputation, turned to McManis Faulkner. The firm was able to diffuse what had become a toxic situation and worked with the company’s lawyers to negotiate a settlement that was favorable to the executive.




Special Master

Result:
Settlement of more than 800 cases with recoveries in excess of $100 million.

Overview:

McManis Faulkner was appointed Special Master in the Technical Equities case by the Superior Court of the State of California and the U.S. District Court for the Northern District of California. Described at the time as the largest securities fraud in California history, the case required McManis Faulkner to hear and decide discovery disputes, determine law and motion proceedings, conduct hearings on a variety of issues, and oversee negotiations, which led to the settlement of more than 800 cases with recoveries in excess of $100 million.




Sexual Abuse

Result:
Million-dollar settlements in a number of cases involving allegations of sexual abuse.

Overview:

McManis Faulkner was asked to mediate cases involving allegations of sexual abuse by Catholic priests. McManis Faulkner conducted mediations requiring multiple sessions over an extended period of time and leading to million-dollar settlements in a number of cases, sparing the parties the expense and anguish of protracted trial proceedings.




Departing Venture Capitalist

Result:
Separation of a principal from a venture capital firm.

Overview:

McManis Faulkner arbitrated the separation of a principal from a venture capital firm in a case involving interpretation of multiple agreements and valuation of substantial assets.




Partnership Dispute

Result:
Arbitration award of $15 million and client obtained control of $265 million from partners.

Client:
Major Real Estate Developer

Overview:

In a partnership dispute after the partners had developed a 1,000 apartment complex and multiple mobile home parks, McManis Faulkner obtained an arbitration award for the firm’s clients against their opponents for $15 million on a defaulted loan and positioned the case so that the clients could buyout their partners in the projects, which had a total value of $265 million in the dissolution of the partnership.




Commercial Dispute Overpaid Rent

Result:
After filing suit, McManis Faulkner obtained agreement from client’s former landlord to refund $1.5 million in disputed overpaid rent.

Client:
International Public Company

Overview:

An international high technology company mistakenly overpaid rent on its large Silicon Valley office and research center to a national property owner. After vacating the property, the client discovered that it had overpaid rent for several years. The property owner asserted that the rent was properly paid, under a disputed interpretation of the lease. McManis Faulkner filed suit on behalf of the client but moved the matter quickly into mediation, to attempt to obtain a favorable result with minimal cost to the client. The case was effectively and efficiently resolved at mediation to the client’s satisfaction, with payment by the adverse party of $1.5 million in refunded rent.




Commercial Dispute / Settlement Agreement

Result:
Obtained settlement agreement from former employees and competitor to refrain from soliciting customers or employees of client.

Client:
Large Pharmaceutical Supplier

Overview:

A high-level local employee of an out-of-state pharmaceutical supplier left the company to start a competing business in California. In conjunction with an arbitration proceeding in another state, the firm successfully obtained the pre-litigation agreement of the former employee and competing business to cease and refrain from soliciting customers and employees of the company.