Kathleen M. Scanlon joined the firm in March 2004 and is a member of the International Arbitration and ADR practice area, and Complex Litigation and Recovery Insurance Coverage Practice Groups.
Experience
Prior to joining Heller Ehrman, Ms. Scanlon was Senior Vice President and Director of Public Policy Projects at the CPR Institute for Dispute Resolution (New York, New York), an ADR coalition of leading general counsel and law firms, where she was responsible for counseling, research, major publications, public policy projects and the CPR Awards Program. She served as staff director for the revision of the CPR Arbitration Rules, the CPR Patent Commission and the CPR-Georgetown Commission on Ethics and Standards in ADR. Ms. Scanlon has authored numerous publications in the ADR field, including the Drafter’s Deskbook for Dispute Resolution Clauses (CPR Institute, 2002) and Mediator’s Deskbook (CPR Institute, 1999). Before that, Ms. Scanlon was a senior litigation associate at a prominent New York law firm where she participated in all phases of complex commercial litigation, including insurance coverage disputes, intellectually property disputes, banking litigation, reinsurance arbitrations, employment contract claims, tort claims, professional responsibility issues and bankruptcy proceedings.
After graduating from law school, Ms. Scanlon clerked one year for the Honorable Louis L. Stanton in the U.S. District Court, Southern District of New York. Ms. Scanlon currently serves on the Panel of Mediators for the Southern District of New York. She is an Adjunct Associate Law Professor at Fordham Law School and acts as Consulting Director to its Conflict Resolution and ADR Program.
Education
Brown University (A.B. Economics, 1981, magna cum laude, Phi Beta Kappa); Fordham University School of Law (J.D., 1986, cum laude), Associate Editor, Fordham Law Review.
Admissions & Courts
New York, United States District Court for the Southern District of New York, United States District Court for the Eastern District of New York, United States Court of Appeals for the Federal Circuit, United States Court of Appeals for the Second Circuit, United States Supreme Court.
Memberships
International Bar Association, American Bar Association, New York State Bar Association, The Association of the Bar of the City of New York.
Representative Engagements
- Represent Chinese manufacturing company in an international arbitration under ICDR Rules before a sole arbitrator in New York, New York, which concluded with a favorable resolution after an international mediation.
- Represent Italian and Mexican companies in international arbitration under AAA Construction Rules before a three-member Tribunal in Pittsburgh, Pennsylvania.
- Represent U.S. telecommunications company involving a licensing dispute with a Sweden telecommunications company in an ICC arbitration before a three-member Tribunal in New York, New York. Interim Award favorable to client.
- Represent global corporation in an international mediation involving marine cargo insurance claim.
- Represent U.S. company in a CPR Arbitration involving a licensing dispute before a sole arbitrator in New York, New York. Interim Award favorable to client.
- Represent policyholder in major business interruption claim arising out of September 11, 2001 attacks.
- Advise policyholder concerning coverage for product recall claims.
- Advise policyholder in bankruptcy involving coverage issues.
- Represent defendant in major class action complaint in the Southern District of New York arising out of trading of natural gas.
- Advise financial policyholder involving political risk insurance claims.
Prior to joining Heller Ehrman
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Represented Nobelpharma AB as senior associate in complex appellate case involving patent infringement and antitrust issues.
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Represented a major lending institution in lawsuit and bankruptcy adversary proceeding involving alleged fraudulent lending claims.
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Represented large telecommunications company in complex litigation involving a breach of purchase contract and related agreements.
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Represented clients in complex insurance coverage cases involving product liability claims, advertising injury claims, environmental liability claims and reinsurance arbitrations.
Publications
- "Class Arbitration Waivers: The 'Severability' Doctrine and Its Consequences," Dispute Resolution Journal 02.2007
- "Back to Buckeye: Clarifying an Arbitrator’s Jurisdiction," Alternatives, Vol. 24, No. 9 10.2006
- "Getting the Deal Through,” Dispute Resolution, 2004 (Chapter 29: USA (California)), 2005 (Chapter 35: USA (California)), 2006 (USA (California)) 2006
- "Planning for Commercial Dispute Resolution in Mainland China," The American Review of International Arbitration, Vol. 16 11.01.2005
- "An Untapped Dispute Resolution Option," The China Business Review, Vol. 32, No. 4 07-08.2005
- "Ninth Circuit Case Illustrates Risk of Duplication Proceedings in CIETAC Arbitration," IBA Arbitration Committee Newsletter 03.2005
- "A Master’s Checklist for Drafting International Agreement that Use Alternative Dispute Resolution," Alternatives, Vol. 22, No. 9 10.2004
- "ADR Landscape in Bankruptcy Practice," Alternatives, ADR Counsel In Box No. 16, Vol. 21 11-12.2003
- "Excluding Punitive Damages in Arbitration Clauses," Alternatives, ADR Counsel In Box No. 14, Vol. 21 06.2003
- "Mediation's Positive Impact on Lawyer-to-Lawyer Negotiation," Alternatives, ADR Counsel In Box No. 13, Vol. 21 03.2003
- "A Guide to Multi-Step Dispute Resolution Clauses," Alternatives, ADR Counsel In Box No. 12, Vol. 20 09.2002
- "Private Judging by Consent," Alternatives, ADR Counsel in Box No. 11 05.2002
- "Federal Appellate Mediation Programs," Alternatives, ADR Counsel In Box No. 10, Vol. 20 03.2002
- "A Case for Judicial Accountability: When Courts Add a Settlement Detour to the Traditional Appellate 'Path'" Ohio State Journal on Dispute Resolution, Vol. 17, No. 379 2002
- "Expert Witnesses and Mediation," Alternatives, ADR Counsel In Box. No. 9, Vol. 19 12.2001
- "Enforcement of Multi-Tiered Dispute Resolution Clause - United States," Arbitration and ADR, Newsletter of Committee D (Arbitration and ADR) of the IBA, Vol. 6, No. 2 10.2001
- "Guidance on Arbitration Awards: 'Finality vs. Reviewability'," Alternatives, ADR Counsel In Box No. 8, Vol. 19 09.2001
- "Enforcement of Contract Clauses Providing for Mediation," Alternatives, ADR Counsel In Box No. 7, Vol. 19 05.2001
- "Primer on Recent Developments in Mediation Confidentiality," Alternatives, ADR Counsel In Box No. 6, Vol. 19 02.2001
- "How New Nonadministered Rules Improve Arbitration Processes," Alternatives, Vol. 18, No. 1 10.2000
- "The CPR Institute ADR Checklist for Law Firms," Alternatives ADR Counsel In Box No. 3, Vol. 18 05.2000
- "Employment ADR Protocols and Recent Caselaw Developments," Alternatives, ADR Counsel In Box No. 2, Vol. 18 02.2000
- "Selecting the 'Right' Mediator," Alternatives, ADR Counsel In Box No. 1, Vol. 17 11.1999
Speaking Engagements
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Fordham International Summer Program/Queen’s University, International Arbitration, 2006-04 Programs, Belfast, Ireland.
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International Bar Association Conference, "Seat" of International Conciliation: Does It Have Meaning Within The United States? A Survey of U.S. States and Observations, 2005 September 25-30, Prague, Czechoslovakia.
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CPR Institute Annual Meeting, Resolving Business Disputes in China: Strategy and Practice Issues, 2005 January, New York, New York.
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ALI/ABA & Shanghai Jiatong University School of Law, Three Day Course on Study on Current Civil Litigation in the United States, Attorney Client & Work Product Privilege; Alternative Dispute Resolution; 2005 June, Shanghai, China.
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American Bar Association Dispute Resolution Seventh Annual Conference, The Golden State of ADR, Major Construction Infrastructure Projects in Asia – The Effective use of ADR from Start to Finish, 2005 April, Los Angeles, California.
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American Intellectual Property Law Association, IP Meets ADR Seminar, 2004 March, Newport Beach, California.
- Conference of the International Bar Association, Multi-step Clause Drafting, 2002 October, Durban, South Africa.
