David M. Brodsky, the principal of Brodsky ADR LLC, is a mediator and arbitrator, specializing in complex commercial and financial disputes. He is a member of the National Academy of Distinguished Neutrals and of the New York Academy of Mediators and Arbitrators. He is a member of the CPR International Institute for Conflict Prevention and Resolution, its Hedge Fund, Banking and Financial Services, General Counsel, and New York Panels of Distinguished Neutrals, and a member of its Directors and Officers’ (D&O) Liability Insurance Committee, as well as a Special Master of New York's Appellate Division, First Department, a member of Federal Arbitration, Inc., and a member of the Mediation Panels of the US District Court for the Southern District of New York and US Bankruptcy Court for the Southern District of New York.
"described by one nationally-prominent trial lawyer as the 'one of the most prepared mediator encountered' and 'unique' in the lawyer's long career."
David has been retained by private firms to mediate or arbitrate software licensing disputes, liabilities arising out of the sale of RMBS securities, alleged breaches of aircraft procurement contracts, enforceability of foreign arbitration awards, alleged breaches of fiduciary duty and violations of the duties of care and loyalty by officers and directors arising out of the setting of their compensation, administration of construction contracts, and conduct of a company in pre-insolvency stages, alleged violations of Federal Securities Laws concerning disclosure of a pharmaceutical drug's side effects, allegations of racial discrimination in employment, compensation disputes between hedge fund managers, breaches of employment agreements, and other complex controversies.
"brings rare combination of smarts and people skills to the mediation process"
David's mediation style includes intense pre-mediation preparation, individual pre-mediation caucus sessions with counsel and parties, and an active role in the mediation sessions that is tailored to the specific needs of the matter that he has identified in the pre-mediation meetings and preparation. He was described by one nationally-prominent trial lawyer as the "one of the most prepared mediator encountered" and "unique" in the lawyer's long career.
"done with consummate skill and tact. Mr. Brodsky was an exemplary tribune"
When acting as an arbitrator, David combines his acknowledged expertise as a trial lawyer on issues of burdens of proof, lay and expert witness credibility, weight of the evidence, and measures of damages, with a full appreciative of the arbitrator's role as a finder of fact in forums designed for efficiency and fairness.
With over 45 years of experience as a highly-regarded trial lawyer for plaintiffs and defendants in a wide variety of complex litigation, a federal prosecutor, general counsel for an investment bank, and now a mediator and arbitrator, David has received numerous accolades and awards, including being consistently selected as one of the Top 100 of the Super Lawyers in New York.
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