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Donald J. Friedman

PHONE: 202.654.6240
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Arbitration

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Experience

AAA arbitration, New York, New York
Defense of $23 million claim in New York for alleged breach of marketing agreement involving automatic meter reading/load management equipment.

U.S. District Court for the District of Colorado

Appeal of Colorado Public Utilities Commission decision. No. 04-00532, (not reported) (D. Colo., June 10, 2005)

Circuit Court of Cook County (Illinois)

Represented law firms in partner withdrawal and termination cases and in arbitration.

Representation in arbitrations (and motions to compel arbitration) and litigation in California, Oregon, Ohio, Colorado, New York, Washington, Maryland, Mississippi, Alabama, Florida and elsewhere involving claims brought by purchasers and resellers of computer systems.

Lead Attorney -- Defended public body in two-week arbitration on contractor’s delay claim. Delay claim denied and liquidated damages awarded to owner.

Lead Attorney -- Multi-million dollar labor-overrun and loss-of-efficiency dispute in renovation and new construction of public facility in central Washington.

Represented defendant in professional liability case alleging negligent development of environmental clean-up plan. Arbitration award in client’s favor.

Washington State Office of Administrative Hearings

Lead counsel defending Heiberg against Notice of Violation alleging prevailing wage violations on private, turnkey project. Notice of Violation dismissed with prejudice with no payment by client.

Represented franchisee in arbitration in termination of two Nebraska franchises. Case settled.

Defended fraud and breach of contract claim in the wrongful termination of a franchise agreement and assignment of the store lease. Arbitration award in client’s favor.

U.S. District Court for the Central District of California

Case alleging trademark infringement and breach of license agreement in which Hard Rock Cafe Licensing Corporation filed demand for arbitration in connection with development of Hard Rock Hotel & Casino; Morton filed lawsuit to stay arbitration; court concluded arbitration appropriate, resulting in 1995 arbitration which was resolved favorably to the client.

Lead Attorney -- Dispute involving delay and extra claims in rehabilitation project of historic building. Settled one of first construction “mini-trials” in state.

Numerous arbitrations of interconnection agreements between Qwest and AT&T.

Numerous arbitrations of interconnection agreements between Qwest and Level 3 Communications.

California Superior Court

Defended Applied Materials Inc. in an action alleging breach of contract, fraud, trade secret misappropriation, unfair competition, breach of implied covenant of good faith and fair dealing, conspiracy and unjust enrichment. The technology at issue was Advanced Process Control algorithm and software for semiconductor fabrication equipment. Obtained jury verdict for Applied Materials.

Lead Attorney -- Contract claims and counterclaims of multimillion-dollars in seven-week international arbitration with 400 exhibits and 10,000 documents. 100% recovery on all issues.

Private Arbitration (Bellevue, WA)
Represented tenant facing eviction in arbitration.

Represented developer in securing multi-million-dollar award in international arbitration.

U.S. District Court for the Southern District of Ohio, U.S. Court of Appeals for the Sixth Circuit

AAA Arbitration, Binghamton, New York
Representation of NCR in arbitration against former dealer. The arbitrator awarded NCR its full damages and the dealer a small amount of compensatory damages, but also awarded punitive damages against NCR to be allocated pro rata to all similarly situated NCR dealers, even though only one was a party to the arbitration, and the case was not a class action. On petition by NCR, the United State District Court for the Southern District of Ohio vacated the punitive damage award and the Sixth Circuit affirmed. 43 F.3d 1076 (6th Cir. 1995)

Lead Attorney -- Arbitration of construction, partnership and securities issues arising from development of recreation complex. Prevailed and awarded attorneys’ fees.

Represented T-Mobile at one-week arbitration hearing involving breach of contract and other similar claims.

Represented several major car dealers in arbitration with car manufacturers. 

AAA arbitration of construction dispute involving validity of pay-when-paid clause and claims for
breach of contract, delay and extra work; prevailed on client's substantive claims and defenses.

King County Superior Court (Washington)

Represented Harbor Wing in case seeking rescission of merger agreement.

Represented plaintiff company in breach of software contract action.  Awarded damages, attorneys' fees and costs after a four day arbitration. 

King County Superior Court (Washington)

Represented beneficiary in will contest dispute.

AAA international arbitration regarding dispute over coverage under a Bankers Professional Liability insurance policy.

American Arbitration Association (Anchorage, Alaska)
Defended AEEC against $53 million claim for alleged additional work, design errors and omissions, and unforeseen conditions arising out of the expansion and conversion of a single-cycle natural gas plant in Nikiski, Alaska to a combined cycle facility.

Private Arbitration (Seattle, Washington)

Defended claims for additional costs and delays exceeding $100 million arising out of $128 million light rail project through an eight-week arbitration.

American Arbitration Association (Seattle, Washington)
Defended Lowe's in AAA arbitration against pass through claims exceeding $1 million asserted by earthwork and utilities subcontractor related to distribution facility project; case settled on confidential terms.

U.S. District Court for the Western District of Washington

Represented Sole Gear Design, Inc. in case involving breach of contract and defamation claims.

* Prior Experience