About Richard Weil

Profile

Professional Experience

WeilMediation, New York, NY
Resolves business and employment conflicts through mediation and arbitration.

2007 to present

Private Practice, San Francisco, CA
Represented and counseled businesses and individuals in a variety of litigation and transactional matters, including business formation and operations, contract negotiation and litigation, employment (discrimination, wrongful termination and contracts), construction, real estate, equipment leasing, collection, intellectual property, estate planning and divorce.
Mediated privately and for Federal and State Courts.

1974 to 2006

U.S. Justice Department, Civil Rights Division, Washington, D.C.
Led team of lawyers, paralegals and FBI agents that investigated and litigated high impact cases involving patterns-and-practices of employment discrimination.

1968 to 1972

VISTA (Volunteers in Service to America) Lawyer, Chicago, IL
Served low income clients in Chicago Legal Aid Bureau neighborhood offices.

1967 to 1968

Dispute Resolution Experience

  Mediator  Private Practice
  Mediator  Second Circuit Court of Appeals
  Mediator  U.S. District Court for the Southern District of New York
  Mediator and Early Neutral Evaluator  U.S. District Court for the Northern District of California
  Mediator  New York Supreme Court Commercial Division
  Special Master  New York Supreme Court Appellate Division, First Dept.
  Special Master  Northern District of California
  Mediator  New Jersey State Courts Statewide Mediation Program
  Mediator  CPR Panel of Distinguished Neutrals
  Mediator American Arbitration Association
  Mediator NY City Bar Attorney-Client Complaint Mediation Panel
  Mediator Volunteer Lawyers for the Arts (New York)
  Mediator California Lawyers for the Arts (San Francisco)
  Arbitrator American Arbitration Association
  Mediator, Arbitrator and Judge Pro Tem San Francisco Unified Courts
  Arbitrator San Francisco Bar Association (Attorney fee disputes)
  Mediation Trainer/Coach New York City Bar Association,
   New York Commercial Court,
   Volunteer Lawyers for the Arts
  Attorney      Represented clients in settlement negotiations, mediation,
   arbitration and court settlement conferences

Types of Cases Mediated

Commercial:  Breach of contract; tortious interference with contract; shareholder and partner disputes; post-acquisition disputes; co-owner and co-worker conflicts; defamation; collection; trade name and copyright infringement; defective and damaged goods; family-owned business conflicts; attorney fee disputes; mismanagement; disability access.

Employment:  Discrimination (race, gender, national origin, age, sexual orientation, disability); Constitutional right to privacy; sexual harassment; retaliation;  wrongful termination; breach of contract; entitlement to bonus;  restrictive covenants (non-competes/non-solicitation); employee’s patent rights; misappropriation of trade secrets; employee theft; pension rights.

Representative Issues Mediated

Commercial:  Breach of contract action by investment bank to collect $4.125 million placement fee; doctor’s suit against a prominent website for publishing defamatory reviews; health club suit against its management firm for intentionally mismanaging its business; customer suit against seller of fake art; hospital’s suit against manufacturer, shipper and installer for damaged MRI machine; company’s suit against former employee and his new employer for misappropriation of customer lists; dispute as to whether person who gave money to business was lender or investor; adjacent commercial tenant’s diversion of hot water; member’s suit against health club for trainer’s sexual assault; breach of agreement to form a business; department store’s failure to provide access to persons with disabilities, and  alterations needed to bring it into compliance with the ADA; sellers’ and buyers’ suits for breach of contract to sell real estate; liability of vendor and/or manufacturer for defective construction; consent; art storage facility’s duty to maintain a particular temperature; hotel’s termination of its agreement to provide rooms for an airline’s crews; fight between brother and sister for control of a building they inherited; premises liability; good guy guarantees.

Employment:   Former insurance company employees’ breach of non-compete and non-solicitation agreements; airline food service employees’ suit for unequal pay based on gender and national origin; employee’s entitlement to non-discretionary bonus when an unsigned contract said bonuses were discretionary;  harassment based on gender and perceived sexual orientation; retaliation for complaining about discrimination and for taking leave under the Family Medical Leave Act; prison employee’s termination because of sexual orientation; architect’s termination because of his age; hospital’s failure to engage in interactive process to accommodate nurse’s religious beliefs; damages for prison guard’s drug test that violated her Constitutional right to privacy; professor’s demotion in retaliation for complaining about university administrators; bank’s failure to promote manager because of gender; employee’s theft of cash; personal conflict between two professors; retired fire chief’s pension rights;  railroad’s duty to protect conductor from passenger assault.

Education, Bar Memberships and Related Activities

J.D.  Boalt Hall, University of California at Berkeley (1967)
B.A. University of California at Berkeley (1964) (Football scholarship, rugby)

Bar Memberships: New York; California; District of Columbia; U.S. Supreme Court; California Supreme Court; U.S. District Courts for the Northern District of California and Southern and Eastern Districts of New York.

Member:  Association of the Bar of the City of New York (ADR, Civil Rights and Labor & Employment Committees); New York State Bar Association (Dispute Resolution Section Executive Committee); Manhattan Supreme Court Commercial Division ADR Advisory Committee, Southern District of New York Subcommittee on Mediator Assessment, Supernumerary for the Metropolitan and San Francisco Operas.