Jed D. Melnick, Esq.
Jed D. Melnick, Esq. is a panelist at JAMS and leads the Weinstein Melnick Team as managing partner. Jed has been involved in the successful resolution of thousands of disputes, with aggregate values in the billions of dollars. Jed and his team have unique expertise in complex multi-party disputes — leading to successfully settled matters with numerous parties, multiple jurisdictions, and many complex issues of law with significant exposure. When appropriate, Jed relies on respected neutral experts to complement his mediation team and assist the involved parties by providing efficient and effective feedback on intricate accounting, insurance, economic, appraisal and environmental issues.
Jed’s team approach and personal commitment to each matter and to each party allows him to maintain a practice with the highest level of responsiveness, performance and results. Among numerous recognitions, two recent honors include Jed’s being awarded as the 2016 ADR Champion by the The National Law Journal as well as being invited to speak about “Mediation Strategies for Judges” as the closing presenter at the 2017 annual Delaware Judiciary retreat.
Jed’s detailed list of representative matters is included below, but several of his more “high profile” matters include: much of the litigation related to the Adelphia and Lehman bankruptcies, British Petroleum Securities Litigation, and Auto Parts Antitrust Litigation (currently part of the Settlement Master’s team). Jed successfully mediated creditor claims against Dewey & LeBoeuf LLP’s former chairman in the firm’s Chapter 11 filing. Jed was also appointed by Judge Lewis Kaplan of the United States District Court for the Southern District of New York to serve as a mediator for the Lehman ADR Derivative Contract Program. Additionally, Jed was responsible for the successful mediation of a pro bono case between the Disability Rights Advocates and the New York City Taxi and Limousine Commission, which led to a historic settlement raising the number of handicap accessible taxi cabs from less than 5% of the fleet to 50% of the fleet by 2020. This settlement led the Judge overseeing the case to issue a statement proclaiming, “This is one of the most significant acts of inclusion in this city since Jackie Robinson joined the Brooklyn Dodgers.”
+ REPRESENTATIVE MATTERS
- In re Polyurethane Foam Antitrust Litigation
- In re Processed Egg Products Antitrust Litigation
- Auto Parts Antitrust Litigation
- In re Lithium Ion Batteries Antitrust Litigation
Bankruptcy / Trustee Matters (Chapter 7 and Chapter 11)
- Adelphia Recovery Trust v. Bank of America, NA
- Hunter Wise Commodities LLC re Commodity Futures Trading Commission enforcement actions
- In re LB Litigation Trust (Lyondell)
- In re Universal Health Care Group, Inc.
- In re Fresh & Easy, LLC
Chinese Securities Litigation
- In re HQ Sustainable Maritime Indus., Inc. Securities and related Derivative Litigation
- In re China Mobile Games & Entertainment Group, Ltd. Securities Litigation
- China MediaExpress Holdings, Inc., by Karl P. Barth as Receiver vs. American Home Assurance Company
- Contract Disputes
- A dispute between a South American farming conglomerate and its investors involving complex issues related to international law and land use.
- A dispute between a major defense contractor and a uranium mining company over contracts related to the price of uranium.
- A dispute between one of the world’s largest car manufacturers and the plant producing batteries for cutting edge hybrid SUV vehicles – involving a three-day mediation in Alabama in tandem with the Federal Judge overseeing the matter.
Consumer Class Actions
- Sullivan v. Wenner Media LLC
- Kinder, Deborah, et al. vs. Meredith Corporation, et al.
- Friske v. Bonnier Corporation
- Krivy, Sophia vs. Jean Madeline Education Center of Cosmetology, et al.
- Mouzon v. Radiancy, Inc.
- Hundreds of mediations involving Fortune 500 companies and Wall Street banks and those organizations’ respective carrier(s) related to D&O, E&O, Casualty and Fidelity policies. Examples of these mediations include: LB (Lyondell) Litigation Trust, Carlyle, Adelphia and MF Global.
- Disability policies (In re UnumProvident Corp)
- Auto policies (involving an Arizona Damron Agreement)
- Maritime policies
- Representations & Warranty policies
- In re Cornerstone Therapeutics Inc. Stockholder Litigation
- In re CNX Gas Corporation Shareholders Litigation
- Makover, M.D., Michael E. vs. Gopinathan, M.D., Govindan (co-mediated with Vice Chancellor Sam Glasscock III)
- In re TIBCO Software Inc. Stockholders Litigation
Entertainment and Intellectual Property
- A dispute between a professor and his textbook publisher related to alleged royalties owed and other IP-related issues.
- A highly sensitive mediation related to the personal matters of a media mogul.
- A bankruptcy dispute involving the financing and regulatory interests of Digital Domain Media.
- Fraud claims between a group of private equity promoters and a film financing venture.
- A legal malpractice matter involving an underlying copyright claim between a major music label and its counsel.
ERISA and Employment Litigation
- A confidential employment dispute between a nuclear scientist and a defense contractor.
- Fiduciary Counselors, Inc. v. Magnuson
- In re Comcast Corporation Litigation
False Claims Act and Qui Tam:
Jed mediates cases involving FCA, qui tam, whistleblower, and related claims at issue, including complex insurance coverage matters related thereto. These disputes involve: national advertising companies, military contracts, the national polling agency, and contracts involving government agencies including FEMA and the U.S. Mint and the State Department.
- United States of America, ex rel., et al. vs. Galena Biopharma, Inc., et. al.
- Gallup, Inc. vs. Greenwich Insurance Company (insurance coverage related thereto)
- Zurich American Insurance Co. vs. GSD&M Idea City LLC (insurance coverage related thereto)
- FDIC, as receiver for Orion Bank of Naples, Florida vs. U.S. Specialty Insurance Co., et al.
- Federal Deposit Insurance Corporation as Receiver for United Western Bank vs. Berling, Charles J., et al.
- In re Department of Labor Investigation (MagnaCare Holdings, Inc.)
- In re First Farmers Financial
Maritime: Jed has experience mediating both insurance coverage disputes involving maritime insurance policies and the underlying maritime dispute.
Mergers and Acquisitions
- Kinder Morgan Acquisition: In re El Paso Corporation Shareholder Litigation
- The Dominion Transaction: In re CNX Gas Corporation Shareholders Litigation
- JAC Holding Enterprises, Inc., et al. vs. Atrium Capital Partners, LLC
Pharmaceutical / Healthcare Related Matters
- Chelsea Therapeutics International, Ltd. Securities Litigation
- In re Spectrum Pharmaceuticals, Inc. Securities Litigation
- In re Cornerstone Therapeutics Inc. Stockholder Litigation
- In re Department of Labor Investigation (MagnaCare Holdings, Inc.)
- In re Amicus Therapeutics, Inc. Securities Litigation
Securities Class Actions
- In re Wachovia Preferred Securities and Bond/Notes Litigation
- In re Lehman Brothers Equity/Debt Securities Litigation
- In re BP p.l.c. Securities Litigation
- Alan B. Marcus v. J.C. Penney Company, Inc., et al.
- In re NII Holdings, Inc. Securities Litigation
- In re Tower Group International Ltd. Shareholder Litigation
- Westchester Putnam Counties Heavy and Highway Laborers Local 60 Benefit Funds v. Brixmor Property Group, Inc. et al.
- In re The Bancorp, Inc. Securities Litigation
- Lake County and Vicinity vs. Navistar International Corporation, et al.
- In re Urban Outfitters, Inc. Securities Litigation
- Plumbers & Pipefitters National Pension Fund v. Orthofix International N.V., et al.
- Mitchell Arciaga, et al. vs. Barrett Business Services, Inc., et al.
- Special Situations Fund III QP, L.P., et al. vs. Marrone Bio Innovations, Inc., et al.
Sexual Assault and Abuse Cases (class and mass actions related thereto)
- Doe 30 Mother 30 v. Bradley – a $123 million settlement in a class-action lawsuit filed on behalf of young children who were sexually abused by former Delaware pediatrician Earl Bradley.
- Mass action of elder abuse claims by residents and residents’ families brought against the parent company of an assisted living facility.
- The mediation and resolution of multiple issues related to Church abuse cases.
- Swiss Reinsurance Company Ltd. et al. v. General Electric Co. et al. – involving issues related to international tax structures.
- ClassicStar – a complex multiparty dispute involving alleged “mare lease” tax shelters and numerous defendants.
- Deloitte & Touche’s settlement with The Adelphia Recovery Trust for $167.5 million – among the largest settlements ever reached between a public accounting firm and its audit client.
- A confidential fee mediation that involved complex coverage and tax issues for fees incurred by the partners of a large accounting firm as a result of a wide ranging government investigation into the handling of certain tax shelters.
- A confidential mediation between one of the largest auditors and a university. This settlement allowed the university to continue its operations (current as of 2017).
+ HONORS, MEMBERSHIPS, AND PROFESSIONAL ACTIVITIES
- Selected as an “ADR Champion” in 2016, by the National Law Journal
- Jed D. Melnick Annual Symposium of the Cardozo Journal of Conflict Resolution – The Cardozo Journal of Conflict Resolution named its annual symposium the “Jed D. Melnick Annual Symposium of theCardozo Journal of Conflict Resolution”
- Selected as a Pennsylvania Super Lawyers “Rising Star” for 2010, 2011 and 2012, by Law & Politics magazine and Philadelphia Magazine
- Extensive bench and jury trial experience in the Major Trials Unit at the Defenders Association of Philadelphia, as well as civil litigation experience in state and federal Court
- Former pro-bono panel mediator for the Equal Employment Opportunity Commission – successfully mediated numerous employment related matters from Philadelphia, New Jersey and Delaware
- Former Special Master/Judge Pro-Tem, Philadelphia Common Pleas Appellate Mediation Program
- Co-Author with Simone K. Lelchuk, "Go Work Your Magic", American Bar Association, Fall 2017
- Author, “Lost Opportunities in Mediation,” Westlaw Journal Securities Litigation & Regulation, Vol 19, Issue 4, June 2013
- Author, Editor and Moderator, “The Role of Mediation and Insurance in Bet the Company Litigation,” Cardozo J. Conflict Resol., Vol 14.2, 2013
- Contributed to “A Time to Cut Costs,” by Gregory A. Markel, Chairman of the Cadwalader Wickersham & Taft Litigation Department, article found on Lawdragon.com, January 2012
- Co-Author with John Wilkinson, Vivien Shelanski, and Robin Gise, “Mediation Starts from the First Phone Call: Practice Points and Helpful Hints for Lawyers Going to Mediation,” Cardozo J. Conflict Resol., Vol 11, Number 2, 2010
- Author, Substantive Introduction to “The Mediation of Securities Class Action Suits, A Panel Discussion Hosted by the Benjamin N. Cardozo School of Law,” Cardozo J. Conflict Resol., Vol. 9, Number 2, Spring 2008
- Co-Author with Judge Weinstein and Michael Young, “The Role of Damages Issues – Post-Dura – in the Mediation of Securities Class Actions,” Mealey’s Emerging Securities Litigation, Vol. 6, #3, September 2007
Jed is frequently invited to speak on panels and give presentations related to the mediation of complex commercial litigation. A selection of his speaking engagements are as follows:
- Closing Panelist, “Mediation Strategies for Judges” presented at the 2017 Delaware Judicial Retreat, November 2017 (Delaware)
- Keynote Speaker, CLE Ethics Presentation at Kaufman, Borgeest & Ryan LLP, June 2017 (New York)
- Presenter, PLUS Webinar: The Nuts and Bolts of Mediating Complex D&O Claims, May 23, 2017
- Presenter, CLE Presentation on Mediation (presented to a major insurance company), January 2017 (New York)
- Panelist, “Let Us Mediate to Resolve Our Dispute,” May 2017 (St. Lucia)
- Panelist [co-presenter with Judge Layn Phillips (Ret.)], “Latham & Watkins: Mediation Advocacy Training Program,” April 2017 (Los Angeles)
- Panelist, “Rubenstein-Walsh CLE Seminar,” February 2017 (Delaware)
- Panelist at the PLAN Regional Meeting, “D&O Marketplace ‘Mediation Strategies,” June 2016 (New York)
- Panelist, “Current Issues in D&O Liability & Insurance 2016,” May 2016 (New York)
- Speaker, PLI’s Bridge-the-Gap II for Newly Admitted New York Attorneys 2015, “Negotiation-Best Practices,” August 2015 (New York)
- Panelist, 2015 ACCEC Panel, “Successfully Resolving Cases: Mediation and London Arbitration Tips from the Experts,” May 2015 (Chicago)
- Panelist, 2015 CLM Bermuda Chapter Educational Event, March 2015 (Bermuda)
- Panelist, 2015 PLUS D&O Symposium, “The Post-Halliburton World: Securities Class Action Update,” February 2015 (New York)
- Panelist, Webinar hosted by Advisen – Insurance Intelligence, “Advisen Webinar: Quarterly D&O Claims Trends: Q3 2014,” October 2014 (New York)
- Speaker, American Conference Institute, D&O Liability, Mediation and Settlement Negotiation of D&O Claims, “Attaining a Favorable Result for Your Client or Company,” October 2013 (New York)
- Speaker, Wiley Rein Professional Liability Insurance Seminar, “Mediator’s Perspective on The Role of Insurance in Mediation,” October 2013 (New York)
- Speaker, “Mediating Complex Disputes with Increasingly Sophisticated Parties,” September 2012 (Philadelphia)
- Speaker, “Mediating Complex Disputes with Increasingly Sophisticated Parties,” CLM Annual National Conference, March 2012 (San Diego)
- Speaker, “The Role of Mediation and Insurance in Bet the Company Litigation,” February 2012 (Benjamin N. Cardozo School of Law, New York)
- Speaker, “Developments in Securities Class Actions and Derivative Litigation,” January 2012 (Bermuda)
+ BACKGROUND AND EDUCATION
- Founder and first Editor-in-Chief, Cardozo Journal of Conflict Resolution
- While in law school, part of the team from the Center for Court Innovation that founded and built the Crown Heights Community Mediation Center in Crown Heights Brooklyn in part to address the conflicts between the Orthodox Jewish community and the Caribbean and African American communities after the Crown Heights riots
- Adjunct Faculty, University of Pennsylvania School of Law Mediation Clinic, 2006-2007
- J.D., Benjamin N. Cardozo School of Law, 1999
- B.A., Grinnell College, 1994