John Sciaccotta Co-Presenting "Making Difficult & Distressed Corporate Divorce & Complex Ownership Disputes Resolvable Through Mediation and Arbitration, Inside and Outside of Court Litigation"
On Saturday, Sept. 14, 2019, Aronberg Goldgehn member John C. Sciaccotta will co-present “Making Difficult & Distressed Corporate Divorce & Complex Ownership Disputes Resolvable Through Mediation and Arbitration, Inside and Outside of Court Litigation - A Case Study / Mock-Dispute Resolution” at the annual meeting of the American Bar Association’s Business Law Section.
The Business Law Section’s meeting will take place at the Marriott Marquis in Washington D.C. from Sept. 12-14, 2019. CLICK HERE for more information about the meeting.
John’s panel will present from 10:30 a.m. to 12 p.m. on September 14.
The panel is sponsored by the ABA's Dispute Resolution Committee and co-sponsored by the ABA's Business and Corporate Litigation, Business Divorce, Judges Initiative, Corporate Counsel and Business Bankruptcy committees.
Panel Discussion Overview
Ownership disputes in private and family owned businesses can be as emotional and contentious as marital divorce actions. These “business divorces” often involve complex legal and personal issues that were not anticipated by the business’ founders; thus, are not the subject of an operating or shareholder agreement, buy-sell agreement, or other contract. In most cases, the parties will be better served by attempting mediation as an alternative to lengthy and expensive litigation.
Most business ownership disputes involve complicated issues, including corporate governance, fiduciary duties and breach of contract. Employment, trade secret, non-compete law and state dissolution statutes may also be implicated. While each side wants to maximize the value of its interest in the business, many adversaries fail to consider the impact of the cost of litigation (particularly when claims that give rise to indemnification obligations are involved), or the impact on a potential acquisition. However, the parties’ shared interest in maintaining the value of the business can provide a critical “meeting of the minds” to support a negotiation.Topics Covered
The panel will cover the following topics:
- The Emotional Barriers to Resolution
- Choosing a Qualified Neutral
- Preparation Prior to the Mediation
- Timing of the Mediation
- John Sciaccotta, Aronberg Goldgehn
- Hon. Lita Popke, Judge, Wayne County, Michigan, Civil Division
- Frances Floriano Goins, Ulmer & Berne LLP
- David Katz, PJN Strategies
- Alisa Moen, Dillon Gage
- Byeongsook Seo, Snell & Wilmer LLP
John focuses his practice on litigation, arbitration and business counseling matters with a special emphasis on complex civil trial and appellate cases brought in federal and state courts throughout the United States. John has also been appointed by the American Arbitration Association as an Arbitrator and Lawyer Neutral to adjudicate various claims and disputes in arbitration.
For many years John has provided results-oriented and value-driven legal counsel and advice to public and privately held businesses, lenders, employers and individuals. In these and other concerns, he has experience dealing with numerous industries and business activities.
Among his many leadership roles, John is on the Chicago Bar Association's Board of Managers and is Co-Chair of the Chicago Bar Association’s Business Divorce and Complex Ownership Disputes Committee.