Main Conference Room

Lounge Area

View From Main Conference Room

Conference Room #2

View From Conference Rooms #2 and #3

Conference Room #3

Bob In His Office

Kim In Her Office

Changing the Mediation Model

Fairbank ADR provides a comprehensive, evaluative approach to mediation. Specifically, our mediation services are based on a flat fee which includes:

▸ A joint planning call with counsel for all parties, promptly after confirming the mediation;
▸ One pre-mediation video conference of up to three (3) hours each, conducted separately with each of the sides involved in the dispute;
▸ Pre-mediation preparation, including review and analysis of briefs and any other case-related materials, exhibits and cited case law submitted by the parties; and
▸ A one-day mediation session including all participants.

In addition to in-person mediations, we are successfully conducting both virtual and hybrid mediations through the use of state-of-the-art videoconferencing technology that is installed in our conference rooms.

One of Fairbank ADR's trademarks is to engage in diligent and committed follow-up efforts to identify and maximize the optimal time for settlement if the case does not settle at the end of the scheduled mediation session. All additional follow-up work is billed on an hourly basis.

Main Practice Areas
(with examples of representative settlements)

We have experience in large, often multi-party mediations covering diverse areas of the law, including:

Breach of Contract or License Agreement

— 9-figure confidential settlement of contract dispute re default Internet search engine for web browser

— 8-figure settlement of dispute involving technology development partnership agreement in agricultural industry

— $28.6 million post-trial settlement of business dispute between Chinese companies involving joint venture for manufacture & sale of appliances

— 8-figure settlement of breach of uranium supply contract in nuclear industry

— Confidential 7-figure settlement of license agreement dispute involving luxury hotel brand and associated trademarks

Environmental, Energy and Mass Tort

— $750 million settlement of 13-party administrative proceeding and related federal class action involving costs arising from premature shutdown of San Onofre Nuclear Generating Station in California

— Settlement totaling $610 million in value approved by California Public Utilities Commission relating to adjudicatory investigation of 2015 Aliso Canyon gas leak

— Various settlements, including three confidential 8-figure settlements, of individual landowner claims against SoCal Edison arising out of December 2017 Thomas Fire and November 2018 Woolsey Fire in California

— Settlement of dispute between energy developer and City of Santa Clara challenging the City’s authority to require use permits and CEQA reviews for fuel cell projects

— Settlements in CERCLA matters relating to soil and groundwater contamination

Business Torts, Fraud, and Misrepresentation

— $37.8 million cash settlement of nationwide certified fraud class action in trucking industry, with court deeming total settlement value at $96 million ( Roberts v. CR England)

— Confidential 8-figure settlement of numerous fraud claims relating to alleged inducement of syndication investments in commercial real estate properties

— Confidential 7-figure settlement of business tort claims involving cyber-security company's flagging of website content as fraudulent “bot” traffic

— Settlement of class action alleging fraud in home mortgage loan services industry

Disputes Involving Founders & Original Investors of Start-Up Companies

— 9-figure settlement of confidential dispute over majority/minority ownership stake in popular app

— 24 million share settlement of shareholder dispute between early investors in cannabis retail company MedMen and founders/company (estimated $6.72 million value)

Intellectual Property: Copyright Infringement / Patent Infringement / Patent Royalty Disputes / Trade Secret Misappropriation

— 7 and 8 figure settlements of multi-party dispute over patent and trade secret rights in licensing and testing of molecular compound for use in consumer products

— Confidential 8-figure settlements of copyright infringement suits involving licensed photo images displayed on former licensee’s website

— 9-figure settlement of trademark infringement dispute involving social media

Entertainment

— Settlements of profit participation disputes involving major studios

— Settlement worth $8.7 million in consumer class action against movie studios for unfair and deceptive practices re box sets of James Bond films (Johnson v. MGM Holdings and 20th Century Fox)

Legal Malpractice / Professional Negligence

— 7-figure settlement of action against elite law firm for alleged conflicts of interest in handling family trust and estate matters

Securities Class Actions

— Zaghian v. THQ Inc., et al. ($2.6 million settlement of federal class action against videogame developer for alleged false and misleading statements re likelihood of success of new videogame product)

— Quiksilver Securities Litigation ($1.5 million settlement)

Shareholder Derivative Actions & Breach of Fiduciary Duty

— 7-figure settlement of action alleging failure to oversee corporate compliance procedures and internal reporting controls of government contractor

Oil & Gas Industry

— $100 million settlement of business tort claims arising out of 2015 Santa Barbara oil spill

— $19 million settlement of shareholder class action challenging majority shareholder's acquisition of oil and gas company (“going private” transaction)

Insurance Disputes

— Confidential 8-figure settlement of insurance coverage dispute relating to allocation of defense cost fees

— 7-figure settlement of action against fine art insurance broker by purchaser of famous artworks

Consumer Class Actions

— $3.5 million settlement of class action against a major cosmetics company for false advertising and deceptive marketing practices

Pharmaceutical / Health Care