Simone K. Lelchuk, Esq.

Simone K. Lelchuk, Esq. joined The Weinstein Melnick Team as a full-time mediator in 2014. She had previously worked with The Weinstein Melnick Team while pursuing her J.D. at the Benjamin N. Cardozo School of Law, where she participated in the Kukin Program for Conflict Resolution, consistently named one of the top programs for mediation and alternative dispute resolution in the country.

Through her work as a mediator and attorney, Simone has successfully mediated and managed several multi-party and multi-faceted cases. She has experience working with many U.S. Fortune 500 companies, European multinationals, government agencies, and midsize U.S. and European-based companies. As a trusted member of The Weinstein Melnick Team, Simone is known for her ability to comprehend legal and factual issues quickly, proficiently, and objectively while building relationships through trust, respect, and productive interactions.


EXPERIENCE AND QUALIFICATIONS

Comprehensive experience with process design and mediation of issues in complex litigation matters including finance, business, class actions, insurance coverage, professional liability, securities, and catastrophic disasters.

  • Experience in complex first, third-party, and excess coverage disputes involving multiple carriers and multiple insurance towers; and reinsurance issues.

  • Primary responsibility for post-mediation follow-up leading to the settlement of coverage, bankruptcy, receivership, and securities cases.

  • Matters mediated by Simone include anti-trust matters, Chinese securities litigation, contract disputes, coverage litigation, legal malpractice matters, mergers and acquisition litigation, personal injury litigation, securities class actions and subprime litigation.

+ REPRESENTATIVE MATTERS

Antitrust Matters:

  • In re Polyurethane Foam Antitrust Litigation
  • In re Processed Egg Products Antitrust Litigation
  • Auto Parts Antitrust Litigation

Bankruptcy / Trustee Matters (Chapter 7 and Chapter 11)

  • 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 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.

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.

Coverage Litigation

  • 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 and MF Global.
  • Auto policies (involving an Arizona Damron Agreement)
  • Maritime policies
  • Representations & Warranty policies

Delaware Litigation

  • In re Cornerstone Therapeutics Inc. Stockholder 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 highly sensitive mediation related to the personal matters of a media mogul.
  • 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.

False Claims Act and Qui Tam:

Simone 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.

Government Matters

  • 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.)

Maritime

  • Simone has experience mediating both insurance coverage disputes involving maritime insurance policies and the underlying maritime dispute.

Mergers and Acquisitions

  • 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.)

Securities Class Actions

  • 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
  • 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.
  • 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)
  • 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.

Tax Matters

  • Swiss Reinsurance Company Ltd. et al. v. General Electric Co. et al. – involving issues related to international tax structures.
  • 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).

+ PUBLICATIONS


+ BACKGROUND AND EDUCATION

  • Active Member, State Bar of New York
  • Associate at Kasowitz, Benson, Torres & Friedman LLP, 2010-2014
  • Associate at KPMG LLP (Economic Valuation Services Group), 2005-2007
  • President of the Cardozo Dispute Resolution Society
  • Editor, Cardozo Journal of Conflict Resolution
  • Certificate in Dispute Resolution from Kukin Program for Conflict Resolution at Benjamin N. Cardozo School of Law
  • Member of The Mediation Clinic at the Benjamin N. Cardozo School of Law
  • J.D., Benjamin N. Cardozo School of Law, 2010
  • B.B.A., summa cum laude Ohio University, 2005