About Richard Weil

Resume

Professional Experience

WeilMediation, New York, NY
Mediates and arbitrates business, employment and real estate disputes

2007 to present

Private Practice, San Francisco, CA
Represented individuals and businesses in a variety of litigation and transactional matters, including business operations, contract negotiation and litigation, employment, real estate, equipment leasing, construction, intellectual property, defamation, collection, 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 employment discrimination cases

1968 to 1972

Dispute Resolution Experience

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

Representative Cases Mediated

Business:  Breach of contract; tortious interference with contract; investment and financial disputes; shareholder and partner disputes, buyouts and dissolutions; purchase and sale of businesses; post-acquisition disputes; defamation;  trade name and copyright infringement; defective and damaged goods; family-owned business conflicts; attorney fee disputes; mismanagement; disability access; insurance coverage and duty to defend; fraud; arts and entertainment.

Employment:  Discrimination (race, gender, national origin, age, religion, sexual orientation, perceived sexual orientation, disability); harassment; retaliation; hostile work environment; wrongful termination; constructive termination; breach of contract; equal pay; entitlement to bonus and commissions;  restrictive covenants (non-competes/non-solicitation); Fair Labor Standards Act; Family Medical Leave Act; whistleblower; employee’s patent rights; misappropriation of trade secrets; employee theft; pension rights; Constitutional right to privacy; assaults by and against employee; pension rights; interpretation of collective bargaining agreement.

Real estate:  Construction defects; subcontractor disputes; cost disputes; commercial and residential sales and leases; commercial landlord-tenant disputes; premises liability; failure to disclose; duty to adjoining building; neighbor and property boundary disputes; condominium and co-op disputes; good guy guarantys, warehouse’s failure to maintain climate controls; permissible subletting.

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: NNew 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.

Selected Projects, Programs and Articles

“Mediation: Through the Eyes of New York Litigators.”   Conceived, organized and executed a survey of New York litigators’ views on mediation for the State and City Bar Associations.

“A Pragmatic Approach to Mediation: By Litigators/For Litigators.”   Organized and chaired this New York City Bar CLE program that featured five distinguished litigators giving pragmatic tips on effective mediation advocacy.

“Effective Advocacy in Federal Court Mediation.”  Panelist in City Bar CLE program.

“The State of Mediation Confidentiality in New York.”  Spoke at ACRGNY’s 2013 Annual Conference.

“How to Conduct Constructive Pre-Mediation Conference Calls.”   Led two Brown Bag seminars for Southern District of New York mediators.

“Mediation Through the Eyes of New York Litigators.”  Spoke at John Jay’s monthly Roundtable.

“Rational Alternatives to Litigation.”   Developed and chaired this program for the San Francisco Chamber of Commerce.   It featured an arbitrator, a mediator and two business persons who described their ADR experiences.

 “Mediation in a Litigation Culture:  The Surprising Growth of Mediation in New York,” ABA Dispute Resolution Magazine, Summer 2011

“Is Mediation Confidential in New York?,” New York Law Journal and New York Dispute Resolution Lawyer.
“Why Can’t We Settle Disputes Like Children?”  International Center for Conflict Resolution and Prevention (CPR) magazine “Alternatives.”

“An Ounce of Prevention: How Mediation Can Help Businesses Anticipate, Manage and Resolve Disputes.”

“Preparing for Successful Mediations: A Guide for Litigators,” State Bar Commercial and Federal Litigation Section Newsletter.

“Should Mediation Begin Together or Apart?”, NY State Bar, NY Litigator Journal, Spring 2017