Marital Status: Married December 18, 1971 Nina Waglé;
Two Children -- Joshua Benegal Marks and
Natasha Marks Sardella -- Seven Grandchildren
SUMMARY OF EDUCATION
Harvard College (B.A.) 1966, cum laude
Harvard Law School (J.D.) 1972, cum laude
Editor, Harvard Law Review, Volume 84 (1970-71)
President, Harvard Law Review, Volume 85 (1971-72)
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SUMMARY OF PROFESSIONAL EXPERIENCE
Sept., 1999 - Present:
|Mediator and Arbitrator, MarksADR, LLC
Aug., 1994 - Sept., 1999:
• Chairman -Corporate Executive Committee (Professional Practices
• Mediator and Arbitrator
1981- Aug. 1994:
|Chairman -- ENDISPUTE, Incorporated Mediator and Arbitrator
|General Counsel -- United States International Development
|Counsel and Associate Director for Planning and Evaluation
-- Peace Corps
|Associate and Partner -- Munger, Tolles & Olson;
|Assistant United States Attorney for the District of
Columbia; Washington, DC
Research Fellow -- Yale Law School
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DETAILS OF EDUCATION
|Sept., 1969 to June, 1972
||Harvard Law School
J.D. cum laude
Harvard Law Review
Vol. 84 (1970-71); Vol. 85 (1971-72)
President, Vol. 85
|Sept., 1961 to June, 1966
B.A. cum laude
Field of Concentration: Biology
Editor, The Harvard Crimson (1964-66)
|Sept., 1957 to June 1961
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DETAILS OF LEGAL AND PROFESSIONAL
|March, 1982 to Present
ENDISPUTE, Incorporated J·A·M·S/ENDISPUTE
Co-founder and Chairman of ENDISPUTE, Incorporated,
the nation's first provider of a full range of dispute resolution
and management services. After merger of Judicial Arbitration and
Mediation Services and ENDISPUTE, in August 1994, Vice-Chairman
of J·A·M·S/ENDISPUTE, and Chairman of the firm’s Executive
Committee, which set professional practice policies for the firm’s
nation-wide panel of former judges and attorney-neutrals. From September,
1999 to present, practice as Mediator/Arbitrator with MarksADR,
Mediation and Arbitration. Over the past 40 years, mediated and arbitrated more than 1,500 major disputes, such as the following:
- Disputes involving the sale and acquisition of businesses.
- Disputes involving a wide range of commercial activities, including
product development, production and technology transfer.
- Disputes concerning alleged attorney, accountant and other professional
malpractice, as well as disputes involving claims against corporate
officers and directors.
- Securities, consumer and antitrust class actions.
- Disputes involving government contract claims.
- Disputes involving insurance and reinsurance coverage.
- Disputes involving financial institutions and mortgage insurers.
- Disputes involving all aspects of construction.
- Disputes involving environmental claims.
- Enterprise computer software disputes.
- Real estate disputes.
- Antitrust disputes.
- Disputes involving patents and other forms of intellectual property.
- High stakes personal injury and product liability claims and
Examples of mediations and arbitrations include:
- A multi-party international commercial bankruptcy dispute.
- Dispute between major energy company and trustee of litigation trust relating to claims of creditors of bankrupt subsidiary.
- Disputes involving consumer claims arising from purchase
of credit related and insurance products.
- Multiple disputes involving branded and generic pharmaceutical companies, including antitrust, intellectual property and licensing claims.
- Dispute between foreign government’s investment authority and U.S. financial institution arising out of equity investment.
- A lawsuit between the seller and buyer of a major business and
a major accounting firm, arising out of alleged breaches of the
warranties in the sales agreement.
- A controversy involving a major textile manufacturer and a smaller
company over a technology development agreement.
- A partnership dissolution, involving allocation of assets and
resolution of differences of view over partnership agreement.
- A dispute between the seller and buyer of a business over responsibility
for certain customer claims, plus a follow-up dispute with the
customer with the largest such claim.
- Dispute between entities in broadcast industry relating to international joint venture.
- Dispute between biotechnology company and joint venture partner and licensee.
Dispute between transportation company and contractors with regard to construction of transportation infrastructure.
- Dispute between overseas company and U.S. supplier with regard to contract to export of a forest-related product.
- Dispute between public companies relating to supply agreement involving the steel industry.
- Dispute between chemical companies arising out of the sale of manufacturing facilities and assets.
- A joint venture to recycle municipal waste.
- A patent/antitrust lawsuit in the chemical industry.
- A patent lawsuit in a high technology industry.
- Antitrust dispute between U.S. Department of Justice and Microsoft
- Multiple disputes involving providers of computer hardware and enterprise software and their customers.
- A dispute arising out of the dissolution of a real estate investment
- A dispute arising out of the construction of a toll road.
- A multi-party construction lawsuit arising out of major municipal
water diversion project.
- Construction disputes involving power plants, a performing
arts center, a waste treatment plant and a host of other projects
- A post-judgment pollution dispute involving adjacent landowners,
a developer and a major bank.
- Various disputes between manufacturing companies and insurers
over environmental insurance coverage for a large number of sites
- Various disputes between insurers and reinsurers over allocation
of environmental and toxic tort liabilities.
- Various class actions involving pre- and post-Reform Act securities
disputes, and well as various other subject matters, such as defective
products and health care insurance.
- A multi-party dispute among membership electric cooperatives
over governance issues.
- A dispute involving a group medical practice over governance
- A dispute arising out of the termination of a subcontractor
by a government contractor in a major defense project.
- Various disputes between government contractors and government
subcontractors over military equipment and equipment to be used
in space exploration.
- Alleged attorney malpractice in connection with leasing transactions.
- Dispute between competitors in the electronic video game industry involving claims of copyright infringement, patent infringement, unfair competition and false advertising.
- Multiple attorney and accountant malpractice lawsuits in connection
with failures of banks and thrift institutions.
- Several different disputes between public pharmaceutical companies arising out of licensing agreements.
- Numerous claims and lawsuits by the FDIC and RTC involving
claims against financial institution officers and directors, often
also including claims against attorneys, appraisers and others
arising out of a bank failure, with related insurance coverage
- Lawsuits involving alleged attorney malpractice, with associated
coverage litigation between law firms and insurers.
- A securities lawsuit involving a failed bank, a major investment
house and over 100 individual plaintiffs.
- A multi-party antitrust lawsuit in the retail food industry.
- A non-personal injury product liability coverage dispute between
a group of reinsurers and a manufacturer.
- A multi-party dispute arising out of an allegedly malfunctioning
- Multi-party product liability lawsuits.
- Automobile crash worthiness cases involving deaths, life threatening
burns and paralysis.
- Wrongful death actions arising out of claims of product defects
in electrical and in manufacturing equipment.
- Injury and wrongful death claims arising out of the use of prescription drugs.
- Various disputes involving claims of sexual abuse.
- Various ERISA-related disputes.
Workshops and Training. Develop and participate
in workshops, training programs and conferences
on negotiation, legal decision-making and risk analysis, dispute
resolution, mediation, litigation and legal management.
Over the past thirty years, have had a primary role in design and
as a faculty member in more than 100 such workshops and other programs
for corporations, government agencies, law firms, bar associations
and judicial conferences.
|Sept., 1980 March, 1981
International Development Cooperation Agency
Senior IDCA Attorney. Provided
general legal advice on areas of IDCA responsibility, which encompassed
U.S. economic relations with the Third World, including bilateral
and multilateral development assistance; served as counselor to
IDCA Director on significant policy issues; took primary responsibility
for matters involving role and structure of IDCA, including relations
with the Agency for International Development, other IDCA components
and other government entities, such as Office of Management and
Budget; served as agency representative on "Christopher Committee,"
which coordinated foreign policy decision-making on human rights
matters; served as agency "Transition Officer," coordinating
change of administration of agency with members of President-elect
Reagan's Transition Team.
|July, 1979 August, 1980
Counsel and Associate Director for Planning and Evaluation; Peace Corps
Senior Peace Corps Attorney.
Provided general legal advice on all Peace Corps matters; served
as senior counselor to Peace Corps Director on significant legal
and policy issues; coordinated relations with ACTION General Counsel's
office; took primary responsibility for reorganization of Peace
Corps as autonomous agency within ACTION, including development
of legal structure and implementation of new agency organization;
led agency efforts on various legislative matters, such as Foreign
Service Act of 1980.
Director of Peace Corps Office of Planning and Evaluation.
Established and managed new Peace Corps Office of Planning and Evaluation,
with responsibility for setting and monitoring organizational goals
and objectives and for evaluating program performance; with Peace
Corps budget officer, supervised development of integrated Peace
Corps planning and budgeting system; supervised design and implementation
of various program evaluations, including reviews of Peace Corps
selection and training efforts and of Peace Corps education programs;
participated in design and review of changes in other Peace Corps
systems, such as that for requesting, recruiting and placing Volunteers.
|August, 1976 June, 1979
Partner and Associate
Munger, Tolles & Olson Los Angeles, California
Attorney in General Practice Law Firm.
Practice primarily involved corporate and commercial litigation.
Was fully or partially responsible for wide variety of cases, ranging
from employment, construction and other contract disputes to federal
and state antitrust cases, as well as matters involving state and
local administrative and regulatory law. Significant involvement
in two large patent validity, infringement and licensing cases with
major antitrust components. Also involved in development and implementation
of alternate dispute resolution mechanisms for large-scale litigation.
Extensive pro bono work as Legal Counsel, member of Executive Committee
and of the Board of Directors for Planned Parenthood/World Population
of Los Angeles -- included corporate and administrative law matters,
as well as participation in organization management and policy-making.
|September, 1973 July, 1976
Assistant United States Attorney for the District of Columbia
Federal Prosecutor. Extensive jury
and non-jury criminal trial litigation; primary trial experience
was with common law offenses, such as larceny, burglary and robbery;
for six months was co-chief of "major violators unit,"
which reviewed new cases to identify repeat offenders and improve
quality of trial preparation for these and other cases; spent fifteen
months as appellate litigator, handling civil and criminal appeals
both in United States Court of Appeals for the District of Columbia
and the District of Columbia Court of Appeals; significant appellate
cases included appeal of lower court decisions upholding constitutionality
of President Nixon's conditional commutation of Jimmy Hoffa's prison
term and upholding constitutionality of procedures used in President
Ford's amnesty program, as well as cases seeking changes in applicable
insanity and diminished capacity standards in the District of Columbia.
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Peace Corps Volunteer -- Served in Maharashtra State, India, from
1966-68, in Peace Corps' first Family Planning project.
In August, 1974, completed six-year term of service as enlisted
man and officer in Florida and Massachusetts National Guards and
United States Army Reserve.
Served as S-2 (Security and Intelligence)
1st Battalion, 241st Arms
Natick, Massachusetts (July, 1970 to September, 1972)
October, 1968 February 1969
|Basic and Advanced individual Training at Fort Bliss,
El Paso, Texas
|June, 1969 June, 1970
||Officer Candidate School
Massachusetts Military Academy
(two one-week camps Massachusetts National Guard and one weekend/month)
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