Experience: Over 25 years experience in law, business and dispute resolution as a business and technology attorney, business executive and arbitrator and mediator.
• Business: Legal and business experience in corporate, commercial, franchise and real estate matters; complex transactions including, mergers and acquisitions, asset purchases, contracts, commercial leases, retail and wholesale distribution; supply and product development and marketing and sales agreements; securities and investment advisor issues; workouts, liquidations and divestitures; shareholder agreements and disputes, joint ventures, minority shareholders issues, strategic relationships and receiverships including banks and other financial institutions; Former CEO of high-growth company.
• Technology: Experience in technology and software development and licensing agreements; computer law; carrier, long distance, VoIP and billing/collection arrangements (including credit card services and payment systems); network services; operator and customer services and equipment purchases; web site development agreements and Internet law. Experience also includes wireless services, SMS messaging, gateway agreements, prepaid phone cards and services, and public and prison payphone systems. Represented competitive and regulated carriers, LEC's and BOC's. Former Chairman of both the American Public Communications Council and the Prepaid Communications Association.
• Employment: Experience representing employers and employees regarding employment, employment contracts, executive compensation arrangements, stock option plans, non-competition, non-diversion and confidentiality agreements, and termination arrangements.
• International: Experience in both international business and technology matters including trans-border agreements and disputes. Representation of European and Latin American companies doing business in the U.S. and internationally and import/export businesses. Business experience managing multinational operations. Serve as international arbitrator and mediator in large, complex cases.
Arbitration Experience: Mr. DeWitt has served as an arbitrator in over 80 arbitrations including large complex cases involving national and international parties and complicated multi party disputes. He has experience and training in both domestic and international arbitration laws and procedures, including AAA, ICDR, UNCITRAL, ICSID, ICC and LCIA rules and procedures. He also serves as an arbitrator in non administered ad hoc arbitrations and has served as a Florida Bar Association fee grievance arbitrator.
Representative arbitrations include:
• multi-party dispute over termination of executive compensation agreements (claim over $7 million);
• international telecommunications dispute involving issues of fraud, failure to provide adequate network services, and improper billing and accounting (claim and counter claim over $35 million);
• multi-party dispute over acquisition of hospital based medical services company and medical equipment leasing (claim $10 million);
• multi-party, multiple issues dispute concerning wholesale cellular services in two states, including unauthorized charges, time bared billing, and rate setting for future services issues (claim and counter claim $17 million);
• international software license and distribution agreement between a U.S. software company and its European distributor (claim $1 million);
• multi-party partnership dispute over development of real estate project, including allegations of mismanagement and fraud (claim and counter claim, $4 million and request for other relief);
• dispute over calculation of earn out payments resulting from the acquisition of a large automotive parts manufacturer with allegations of bad faith, mismanagement and accounting irregularities (claim over $2 million);
• international telecommunications dispute involving billing and accounting issues between large multinational carrier and reseller (claim over $2.3 million);
• dispute between major office equipment manufacturer and distributor concerning fraudulent sale of equipment (claim over $1.5 million);
• dispute between franchisee and fast food franchisor (claim $300,000 counter claim $3.1 million);
• malpractice claim against law firm in connection with securities litigation (claim $1.3 million);
• dispute between large online lender and website developer over development of internet technology (claim $10 million, counter claim $5 million);
• dispute over default of developer of office complex under real estate development agreement (claim $1.7 million counter claim $5 million);
• minority shareholder in closely held corporation fraud claim in connection with the purchase and sale of securities (claim $29 million);
• dispute over claim of fraud in the sale of family business (claim $10 million counter claim $750,000);
• dispute between major international telecommunications carrier and wireless telecom company over joint venture to provide wireless services (claim $13 million); dispute between investors and major accounting firm over audit of public company (claim $10 million).
Mediation Experience: Mr. DeWitt has served as a mediator in numerous commercial, business, real estate, technology and employment related disputes, including large complex cases involving national and international parties and complicated multi party disputes. Cases mediated have also including complex multi-million dollar commercial and international disputes regarding contract, franchise, shareholder, construction, trade-mark and warranty claims and in civil disputes including personal injury and insurance claims. He also participated in resolving billions of dollars in disputes as part of the claims process in conjunction with the take over of failed Savings and Loan Associations on behalf of the FSLIC and the RTC.
Representative mediations include:
• Multi- million dollar dispute between franchisor and 12 franchisees over allegations of breach of contract, fraud, and statutory violations;
• Multi-million dollar international multi party dispute involving major multi-national chemical company over world-wide supply disruption to manufacturing customers;
• International distribution and trade-mark dispute and shareholders dispute with multiple parties involving high profile European auto products manufacturer,
• Shareholders dispute involving the buy out of a large medical services provider,
• Multi million dollar dispute regarding “click through” internet advertising,
• International dispute regarding ownership of large telecommunications products distribution company,
• Dispute over large real estate development project between developer and land owner,
• Dispute between doctors over the break up of a large medical group with allegation of millions of dollars in misappropriated funds
• Dispute between a Bank and its consultants over regulatory oversight issues
• International dispute over various promissory notes and properties in various countries
Arbitration and Mediation Training:
• ACR/AAA/Harvard Advanced Commercial Mediation Institute, 2007, 2006;
• AAA Neutrals Conference, 2006, 2005, 2004;
• AAA Arbitrator Ethics & Disclosure (ACE003), 2006;
• NASD –Arbitrator Training;
• AAA Chairing an Arbitration Panel:
• NASD Chairing an Arbitration Panel;
• Managing Procedures, Process & Dynamics, 2005;
• AAA Dealing with Delay Tactics in Arbitration, 2005, 2004;
• International Centre For Dispute Resolution (ICDR), 3rd Annual International Arbitration Conference, 2004;
• AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards, 2004;
• Florida Bar, International Section and Inter-American Bar Association, International Arbitration Conference, 2004;
• AAA International Arbitration Symposium, 2004;
• AAA Arbitrator Update, 2003; ACR/FMCS/NAA Arbitrator Training, 2003;
• AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2002;
• Florida Bar Association Grievance Mediation Training Program, 2002;
• Florida Supreme Court Arbitration Training Program, 2002;
• AAA Arbitrator I Training: Fundamentals of the Arbitration Process, 2002;
• AAA Advanced Mediator Workshop for Court Based Settlement Programs, 2002;
• Florida International University/Mediation Services, Inc., Circuit Civil Mediation Training, 2001.
Professional Licenses & Certifications:
• Admitted to the Florida Bar; 1979
• Florida Supreme Court Certificated Arbitrator, 2002;
• Florida Supreme Court Certified Circuit Civil and County Court Mediator, 2002.
Education:
• University of Miami, School of Law - Jurist Doctor (cum laude) 05/79;
• Florida International University - Bachelor of Arts 06/75.
• Oxford University - Balliol College, The Chartered Institute of Arbitrators Diploma in International Commercial Arbitration Course –9/04
• Golden Gate Law School, ABA National Arbitration Institute, 05/04;
Professional Activities:
• Fellow – International Academy of Mediators
• Chairman (Founding) – Advanced Commercial Mediation Institute (ACMI) Washington, D.C.
• Board Member (Founding) – Mediators Beyond Borders, Pittsburgh, PA
• Board of Directors - Coral Gables Bar Association
• Past Chairman - Commercial Section - Association for Conflict Resolution – Washington, D.C.
• Florida Academy of Professional Mediators
• American Bar Association (Dispute Resolution & International Sections)
• Florida Bar (International Section/ Litigation & Dispute Resolution Committee)
• Dade County Bar Association
Business and Civic Activities:
• Chairman, City of Coral Gables – Economic Development Board – Coral Gables, FL.
• Board of Directors – Coral Gables Community Foundation, Coral Gables, FL
• Trustee – Admiral Farragut Academy – St. Petersburg, FL
• Rotary Club of Coral Gables
• Past Board Member, City of Coral Gables - Utility Services Reliability Taskforce
• Past Director – Coral Gables Chamber of Commerce
• Past Chairman, American Public Communications Council (APCC) – Washington, D.C. – 1991/93.
• Past Board of Directors, North American Telecommunications Association (NATA) - Washington, D.C. – 1992/93. NATA was one of the major, national trade associations in the telecom industry.
• Past Chairman, Prepaid Communications Association (PCA). – Washington, D.C.1994/ 95.
Selected Publications:
• Co-author, "No Pay No Play: How to Solve the Non-Paying Party Problem in Arbitration," DISPUTE RESOLUTION JOURNAL, February - April 2005;
• Annual contributor, "Industry Trends," INTELECARD NEWS, December 1995-97;
• Monthly article "Industry Developments in Public Communications," PROSPECTIVES ON PUBLIC COMMUNICATIONS, , 1992-93;
• Author, "Partnerships of Professional Corporations," PROFESSIONAL CORPORATIONS AND NOT-FOR-PROFIT CORPORATIONS, Florida Bar Continuing Legal Education, 1983;
• Author, CORPORATE LAW, Florida Bar Continuing Legal Education, 1981;
• Co-author, "Florida and Federal Disclosure Requirements," SECURITIES LAW, Florida Bar Continuing Legal Education, 1979.
Selected Speaking Engagements:
• Speaker – “The Tension between Choice of Law and Mandatory Rules in International Employment and Agency Arbitration” symposium on International Labor and Employment Law sponsored by the New York State Bar Association and the Cornell School of Industrial and labor relations, New York, 2008
• Speaker "Arbitration Advocacy," AAA CLE Program, Miami, 2008;
• Moderator/ Speaker - ACR/AAA/Harvard Advanced Commercial Mediation Institute, Phoenix 2007;
• Moderator - Speaker -Advanced Commercial Mediation Institute, Philadelphia, 2006;
• Speaker - "Recent Developments in Arbitration," AAA CLE Program, Miami, 2005;
• Speaker - "Recent Developments in Arbitration," Coral Gables Bar Association, Coral Gables 2005;
• Speaker - "No Pay " No Play, " A Solution to the Non Paying Party Problem," AAA Arbitrator Round Table, Miami 2004;
• Speaker - "International Arbitration," AAA CLE Program, Miami 2004;
• Speaker - "Drafting Effective Arbitration Clauses," AAA CLE Program, Miami 2004;
• Moderator - "Summit Debriefing of the Monterrey Summit of the Americas for Heads of State and the Democratic Governance Issues of the Haiti Crisis," Organization of American States (OAS), Coral Gables 2004;
• Speaker "Arbitration Advocacy Workshop," AAA CLE Program, Miami, 2004;
• Speaker - "Managing Your Growth in a Changing Environment," Merrill Lynch Business Leaders Conference, Coral Gables, 2002;
• Speaker - "Alternative Dispute Resolution," Coral Gables Chamber of Commerce Impact Council, Coral Gables, 2002;
• Speaker -"Application of State Escheat Laws to Prepaid Phone Cards," Intelecard Conference, Houston, 1997;
• Speaker" Developing Telecom Infrastructures," IBC Seminars, Hong Kong, 1995, New York, 1994.
