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 two 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

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

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 settlement of copyright infringement suit involving licensed photo images displayed on former licensee’s website

Entertainment

— Settlement of profit participation dispute between two 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

— $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

— See Intellectual Property

Antitrust (Direct and Class Actions)

Whistleblower Retaliation / Wrongful Termination

Real Estate Disputes

— Confidential 7-figure settlement and business resolution of commercial lease dispute between retail store tenant and landlord mall that arose during pandemic