William A. Quinby


Wulff, Quinby & Sochynsky
1901 Harrison Street, 14th Floor
Oakland, California 94612
Phone: 510-663-5222
E-mail: wquinby@aol.com
Web: www.wqsadr.com
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Mr. Quinby is a full-time arbitrator and mediator. He has arbitrated and mediated close to one thousand complex commercial and interpersonal cases. (A representative sampling of cases is below.)

Until July of 1996, Mr. Quinby was a shareholder and director of Crosby, Heafey, Roach & May, a firm of over 200 attorneys, with offices in Oakland, San Francisco and Los Angeles. A member of the firm’s Business Litigation Practice Group, he also chaired the firm’s Alternative Dispute Resolution Practice Group, served as the chair of the firm’s recruiting and lateral hiring committees and as a member of the firm’s executive and compensation committees. His practice focused on the resolution of complex business and commercial matters, with an emphasis on contracts, business torts, wrongful termination and employment discrimination, construction, probate litigation, real estate, banking, legal professional liability, professional sports franchise, and class action litigation.

His experience includes trials and alternative dispute resolution (as both neutral and advocate) of matters on behalf of individuals, small and large businesses, including public entities, national and local newspapers, national retailers, national manufacturers, banking institutions, national real estate brokers, rental car companies, a major national law firm, and others as both plaintiffs and defendants. Mr. Quinby enjoys a Preeminent AV rating from Martindale-Hubbell. In addition, for the past several years Mr. Quinby has been recognized in the field of arbitration and mediation by Best Lawyers, Superlawyers (U.S.), Top Attorneys of Northern California, San Francisco and the East Bay, America's Most Honored Professionals and the International Who's Who of Commercial Mediators.

He is a member of the American Arbitration Association’s national and international (ICDR) arbitration and mediation panels, its Large Complex Case Program panel, and its Employment, Construction and National Healthcare Payor/Payee Reimbursement panels, the mediation panel for the Ninth Circuit Court of Appeal, and the U.S. District Court, Northern District of California’s mediation, arbitration and early neutral evaluation programs. He has received extensive dispute resolution training from the AAA, The Center For Public Resources Institute for Dispute Resolution, the College of Commercial Arbitrators, the Chartered Institute of Arbitration and Harvard Law School.

Mr. Quinby served on the Board of Directors of the California Dispute Resolution Council and the Alameda County Bar Association, is a member of the California Business Trial Lawyers Association, and belongs to the Section on Dispute Resolution of the American Bar Association. Appointed by the American Bar Association’s Board of Governors, Mr. Quinby served on the Board of Trustee’s of the National Pre-Suit Mediation Program. He is also a member of the Association for Conflict Resolution, The Mediation Society, American College of Civil Trial Mediators and is a Fellow of the College of Commercial Arbitrators.

He has authored numerous articles and lectures nationally on litigation and ADR topics before both business and legal groups. He was an adjunct professor of law (Negotiations) at Hastings College of the Law, has served on the faculty of the Hastings College of Advocacy and as an instructor (mediation) at Boalt Hall School of Law. He is past president of the Alameda County Barristers Club and has served on the Board of Directors of the Alameda County Bar Association. He also served as chairman of a California State Bar Administrative Committee (trial committee on disciplinary matters).

Mr. Quinby is a member (past Chairman) of the Board of Directors of the Bay Area Tumor Institute. He is a past member of the Board of Directors of Big Brothers of the East Bay, the Easter Seals Society of the East Bay, the Oakland Chamber of Commerce (executive committee),the Oakland East Bay Symphony (executive committee), the Oakland Public Library Foundation and served as a member of the U.S. Department of HEW Fellowship Review Commission.

Education:

Hastings College of the Law, University of California, J.D., 1967.

Harvard University, B.A., 1963 (Harvard Scholar).

Publications (partial listings):

“Ready, Set, Mediate (Effective Mediation Advocacy),” Supplement to the Los Angeles Daily Journal and San Francisco Daily Journal, July 29, 1996.

“Not Quite a Gold Rush (But Silver, Maybe). ADR practice in a large law firm produces no overnight bonanzas.” ADR Supplement to The Recorder, Spring 1995.

“Starting an ADR Practice Group in a Law Firm,” World Arbitration and Mediation Report, Vol. 6, No. 2, February 1995.

“Why Health Care Parties Should Mediate Rather Than Litigate,” HealthSpan, The Report of Health Business and Law, Prentice Hall Law and Business. Vol. II, No. 1, January 1994.

“Six Reasons – Besides Time and Money – To Mediate Rather Than Litigate,” Focus on Business, Vol. XX, No. 10, October 1993.

“Mediation Process Can Amicably Solve Business Disputes,” The Montclairion Newspaper, October 15, 1993.

References:

Richard Chernick, Esq. (Arbitrator and Mediator) V.P. and Managing Director of Arbitration, JAMS (213-620-1133)

Fred G. Bennett, Partner, Quinn Emanuel, (213) 443-3000

Alexander L. Brainard, Esq., Arbitrator and Mediator, JAMS, (415) 774-2674

Jerome B. Falk, Esq., Partner, Arnold & Porter, (415) 471-3151

Robert J. Stumpf, Jr, Esq., Partner, Sheppard, Mullin, Richter & Hampton (415-774-3288

Thomas W. Tusher, President and COO (retired), Levi Strauss & Co. (415-544-6970)

Lenard G. Weiss, Esq., Partner, Manatt, Phelps & Phillips, (415) 291-7400

Representative Arbitrations

1. Healthcare industry disputes involving HMOs, IPAs, hospitals, physicians and consumers.

2.Employment matters including both individual and class claims of sexual, age, race and gender discrimination, wrongful termination, wage and hour claims, ADA claims, and disputes regarding executive compensation and termination.

3. Intellectual property, trade secret, tradename and licensing disputes.

4. Energy industry and Cogeneration Industry (alternative energy) disputes.

5. Asset acquisition agreement disputes.

6. Disputes involving the administration of a third party benefits contracts.

7. Breach of contract by a manufacturer’s representative seeking recovery of commissions for the domestic and offshore sale of computer chips.

8. Accounting and breach of contract claim regarding division of profits from an and lost business opportunities.

9. Securities and shareholders disputes, including claims by and against majority and minority shareholders, and claims against financial advisors and broker/dealers.

10. Franchise industry disputes.

11. Breach of Asset Acquisition agreement and warranty regarding pharmacy management software and hardware systems.

12. Surface water diversion dispute.

13. Banking disputes, including mortgage securitization disputes.

14. Wine industry disputes.

15. Real estate disputes, including several involving determination of long term renewal rent for anchor and other tenants in major shopping centers.

16. Telecommunications disputes.

17. Dispute regarding fuel supply agreements.

18. Attorney-client disputes.

19. Construction (commercial, industrial, golf courses and high end residential) disputes, and a $700,000,000 dispute regarding design and construction of major toll road in southern California.

20. Professional service practice disputes.

21. Advertising agency—client disputes.

22. Information technology disputes.

21. OEM agreement disputes.

23. Partnership disputes, including dissolution.

24. Investment Banking disputes.


Representative Mediations

1. Banking disputes, including embezzlement, loan agreement, lender liability securitization of mortgages (prime and subprime) and bank liability for payment of funds as a result of "scams" on customers and/or the bank.

2. Employment matters, including sexual harassment, discrimination, termination, ADA claims and disputes regarding executive compensation.

3. Healthcare industry disputes involving IPAs, HMOs, hospitals, physicians, consumers and others

4. Multi-party, multi-unit construction defect disputes (twenty-eight parties.)

5. Disputes regarding professional service (medical, dental, accountancy and legal) practices, including dissolution.

6. Breach of agency contract and fraud against the provider of cellular telephone equipment and services.

7. Complex real estate disputes, including sale, easement, landslide, and home owners association disputes.

8. Intellectual property, trade secret, tradename, and licensing disputes.

9. Claim by lessor for breach of lease agreement requiring lessor to build to suit for lessee a large commercial store and surrounding improvements.

10. Will contests and trust disputes.

11. Breach of distribution agreement by inventor of game.

12. Claims by approximately 175 tenants in low income housing projects against local housing authority and private owners regarding maintenance, habitability, retaliatory eviction, and related issues.

13. Computer industry and Internet disputes.

14. Numerous claims involving municipalities.

15. Defamation claims, including political campaign issues.

16. Construction disputes (industrial, commercial, and high end residential.)

17. Insurance coverage and bad faith claims, including bad faith claims against HMOs.

18. Medical malpractice - wrongful death claims.

19. Disputes regarding amounts due under sublease, purchase agreement and management agreement relating to geothermal facility.

20. Disputes regarding value of services rendered in reclaiming real property in Germany that had been confiscated by the Nazi and communist governments.

21. Unfair competition and raiding claims (securities industry).

22. Claims regarding executive compensation, including the exercise of stock options.

23. Disputes involving Asset Acquisition agreements and Supply Agreements.

24. Cargo loss - international transit disputes.

25. Dispute regarding hotel computer reservation systems and electronic data systems.

26. Conflict of interest disputes between County Hospital District and general hospital.

27. Valuation disputes (stock, art and partnerships) including title insurance disputes.

28. Tenure dispute.

29. Attorney-client disputes.

30. Advertising agency—client disputes.

31. Investment banking disputes.

32. International import/export disputes.



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