Beyers Law PLLC<br/>Beyers Farrell PLLC

Attorney, Arbitration, Mediation

Member, Beyers Law PLLC, 2017-Present; Member, Beyers Farrell PLLC, 2017-Present; Member, Osborn Maledon P.A., 1996-2017; Associate, Morgan Lewis & Bockius, 1989-1990 & 1991-1996; Law Clerk, U.S. Court of Appeals Second Circuit, 1990-1991; Law Clerk, U.S. District Court Eastern District of New York, 1987-1989.

Based out of New York and Arizona. <br/><br/>Commercial and complex litigation and arbitration practice at Beyers Farrell PLLC, a top business litigation boutique in Arizona. Current practice consists of complex commercial litigation and arbitration, as an advocate and as a neutral, involving a wide range of business disputes.<br/><br/>Law and arbitration practice includes wide experience in the financial services and banking industries, with unique skills in internal investigations, securities litigation, regulatory investigations, and enforcement proceedings conducted by federal and state authorities, including DOJ, the SEC, the FDIC, the Public Company Accounting Oversight Board and FINRA.<br/><br/>Commercial Torts: fraud, breach of fiduciary duty, unfair competition, Lanham Act violations, federal and state securities laws, interference with business relations, defamation, trade secrets, and accounting malpractice<br/><br/>Franchise: breach of contract, licensing, encroachment, termination, good faith and fair dealing, liquidated damages, injunctive relief, non-renewal, statutory claims, tortious interference and intellectual property issues<br/><br/>Healthcare: payor-provider disputes, post-merger disputes, patient claims, medical and dental partnership disputes. Member of the American Health Law Association Panel of Arbitrators<br/><br/>Cannabis: joint venture and post-merger disputes involving fraud, breach of fiduciary duty, unfair competition, interference with third party agreements, earn-out disputes, disputes between owners, harvesting and processing equipment failures, distribution, delivery and supply disputes, disputes concerning management, consulting, distribution and joint venture agreements, receivership issues<br/><br/>International: international contracts, commercial torts, investor-state disputes. One of few arbitrators in the United States qualified as a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators (London)<br/><br/>Native American-Tribal Law: supply agreements, casino-related disputes, investment disputes, sovereign immunity issues, land use and mining issues<br/><br/>Insurance: directors & officers, general liability, property/casualty, life/health/disability, fiduciary liability, mortgage, professional liability, reinsurance, errors and omissions. Experience with the following types of issues: coverage, bad faith primary/excess, exhaustion of policy limits, toxic tort and hazardous waste, first and third party coverage, multiple towers, occurrence, interrelated wrongful acts, endorsement interpretation<br/><br/>Securities: class actions, churning, unauthorized trading, unsuitable trading, and shareholder disputes<br/><br/>Business Entity Disputes: joint ventures, limited liability companies, mergers, acquisitions, sale of business, sale of assets, freeze-out, corporate governance, post merger/acquisition compliance issues, receivership, dissolution, and shareholder/member disputes, including medical and dental practice and employment disputes<br/><br/>Contracts: property, leases, software licensing, aviation, advertising, secured transactions, and real estate<br/><br/>Intellectual Property: licensing and infringement of trademark disputes, including Lanham Act violations and unfair competition

Mediated commercial and complex commercial litigation matters, almost all of which to successful resolution. Many of these cases involve multi-party actions, including those with insurance carrier involvement. Has diverse industry experience, from manufacturing to financial services. Has mediated disputes in a wide variety of commercial matters, including business torts and breach of contract issues. <br/><br/>Also served as Judge Pro Tem for Maricopa County Superior Court, conducting settlement conferences in cases involving personal injury and commercial matters.

Several cases involving LLC members alleging fraud, misrepresentation and other claims in connection with operating multi-million dollar private companies.<br/><br/>Franchise disputes involving breach of contract, licensing, encroachment, termination, good faith and fair dealing, liquidated damages, injunctive relief, non-renewal, statutory claims, tortious interference and intellectual property issues.<br/><br/>Healthcare: payor-provider disputes, post-merger disputes, medical practice divorce<br/><br/>Investor vs. Broker Dealer where Broker Dealer allegedly failed to detect that investor's account had been hacked by an unknown third party.<br/><br/>Merchant Payment Processing Company vs. Merchant for alleged failure to pay commissions.<br/><br/>Investor vs. Issuer of Annuities and its agent where Issuer allegedly sold unsuitable products to Investor. <br/><br/>Employee vs. Employer and Supervisor where employee was terminated because of being wheelchair-bound. <br/><br/>Manufacturing Company vs. On-Line Auctioneer where auction site failed during auction. <br/><br/>Purchaser of Business vs. Seller of Business where Seller's value of business was allegedly misrepresented.<br/><br/>Investor vs. Business where Investor allegedly was not paid on promissory notes.

Ms. Beyers takes a pragmatic approach to mediation: she does what will work. In order to do that, Ms. Beyers enlists the assistance of counsel in advance of the mediation to discuss not only the strengths and weaknesses of the parties' cases, but also the timing of the mediation relative to the life of the case, the specific issues presented in the litigation, and the personalities of the decision-makers. Where an evaluative approach makes sense, Ms. Beyers provides a credible and well-reasoned voice to the dispute. Where a facilitative approach is preferable, Ms. Beyers offers assistance to the parties to find and analyze creative resolution options. Ms. Beyers makes a special attempt to preserve relationships where future business opportunities may be available. To engage counsel in this process and maximize the chances of success, Ms. Beyers will ask for mediation memoranda and will schedule at least one ex parte call with counsel in advance of the mediation to discuss the most effective approach. Joint sessions are not required, but are available where appropriate.

Adept at online and web conference proceedings and has Zoom and Teams licenses and expertise.<br/><br/>Skilled in all Microsoft and Apple software and hardware products, online hearing technology (Zoom, WebEx and Teams), secure cloud-based storage technologies and cybersecurity issues. Proficient in maintaining secure online files and note taking, and as a result, does not require paper copies of filings or exhibits. Owns and uses multiple laptops and iPads to maintain redundancy.

Fordham University (JD, Editor in Chief, Fordham Law Review - 1987); State University of New York at Oneonta (BS - 1979).

Admitted to the Bar: New York (1988), Arizona (1996); U.S. District Court: Southern and Eastern Districts of New York (1988), District of Arizona (1996); U.S. Court of Appeals: Ninth Circuit (2003) and Tenth Circuit (2019); U.S. Supreme Court (1992).

Fellow and Chartered Arbitrator, Chartered Institute of Arbitrators (London)<br/>Fellow, College of Commercial Arbitrators<br/>International Institute for Conflict Prevention & Resolution, Arbitrator on multiple specialty panels<br/>Charter Member, National Academy of Distinguished Neutrals (Arizona)<br/>American Health Law Association Panel of Arbitrators<br/>American Bar Association Section of Dispute Resolution Women In Dispute Resolution Committee (Co-Chair 2018-2019)<br/>American Bar Association (Dispute Resolution Section, Franchise Forum; Litigation Section; Business Law Section (Arbitration Committee))<br/>Arizona Bar Association (Alternative Dispute Section, Past Chair)<br/>Arizona Bar Association (Securities Regulation Section, Past Chair)<br/>New York Bar Association (Dispute Resolution Section)<br/>Federal Bar Association.

Frequently lectures on litigation, arbitration and mediation issues including the following.<br/><br/>Speaker: Arizona Bar Convention, Anatomy of An Online Arbitration (2021); Facilitator: 13th Annual ABA Arbitration Institute (March 2020) ; Panelist: ABA Dispute Resolution Section, Effective Strategies for Advocates and Arbitrators (April 2019); Panelist: State Bar of Arizona, What Every Arbitrator Should Know About Receiverships (March 2019); Co-Chair: State Bar of Arizona, Ethics in ADR (April 2018); Panelist: State Bar of Arizona, TED Talks on Arbitration (June 2017); Panelist: ABA Business Law Section, The 1-2-3’s of Mediation of A Merger & Acquisition Dispute (April 2017); Panelist: Arizona State University, Private Arbitration Update (Nov 2016); Panelist: AAA, 2016 Roundtable Brown Bag Series for the Mountain Region Discovery Issues (Sept 2016); Panelist: AAA, Diversity in ADR (Sept 2016); Panelist: AAA, Tips for CEOs, CFOs and General Counsel: The Top 10 Ways to Make Arbitration Faster & More Cost Effective (Sept 2016); Panelist: Arizona Bar Convention, Jurisdiction Shopping, Ajo, Albuquerque or Afghanistan - Does It Matter Where and How We Litigate? (June 2016); Co-Chair: ABA Business Law Section, Avoiding a Train Wreck: Best Practices for Multi-Tracked Litigation, Mediation & Arbitration (Sept 2015); Panelist: ABA Business Law Section: Living with ADR: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations (Aug 2013); Presentation: Forensic Expert Witness Association 2013 National Conference: The Arbitrator's and Mediator's Perspective on Expert Witnesses (April 2013); Presentation: ABA Dispute Resolution Section, Your Worst Nightmare: Arbitrating a Case With a Poor ADR Clause (April 2013); Presentation: Managing the Arbitration Process for Efficiency and Economy Following the Preliminary Hearing (AAA Ace Course Instructor Oct 2012); Presentation: State Bar of Arizona, Private Arbitration Update (Oct 2011); Presentation: Best Practices in Securities Arbitrations (June 2007 Arizona State Bar Convention); Presentation: Securities Regulatory Update (June 2006 Arizona State Bar Convention); Presentation: Preparing For A Mediation (June 2005 Arizona State Bar Convention); Presentation: State Bar of Arizona, Private Arbitration Update (Nov 2005); Presentation: AAA, Insights into Alternative Dispute Resolution (Sept 2004).

$600 Per Hour

English

United States of America

New York, NY