As a commercial litigator, mediator, arbitrator, special master, special investigator, special magistrate, and former prosecutor, Mr. Lichter has substantial experience in a wide range of business litigation, including (in addition to those areas listed below) class actions, breach of contract, non-compete agreements, trade secrets, legal professional liability, tortious interference, franchises, distributorships, dealer termination, bankruptcy, antitrust, civil rights, FLSA, False Claims Act, probate, RICO, ADA, Truth in Lending Act, RESPA, TILA, TCPA, FDCPA, FCRA, FDUTPA, fraudulent transfers, LLC and partnership disputes, computer related disputes, injunctions, temporary restraining orders, and a variety of common law business torts.
The parties appearing before Mr. Lichter at arbitration or in mediation have included a wide variety of individuals, class representatives and institutions, including, but not limited to, developers, banks, mortgage lenders, realtors, contractors, broker dealers, financial planners, software companies, recording artists, record labels, professional athletes, insurance companies, automobile dealerships, major oil companies, engineering firms, law firms, CPA firms, medical practices, international exporters and importers, pharmaceutical companies, aviation concerns, hospitals, physicians, teacher’s unions, produce companies, tobacco companies, hotels, religious institutions, international retailers, appraisers, an Indian tribe and the SEC, FTC, CFTC, U.S. Department of Justice, U.S. Department of Agriculture, U.S. Dept. of Labor, the Federal Bureau of Prisons, the State of Florida and many cities and counties.
The amounts of money in dispute in these cases have ranged from very small to $2 billion. What follows is a more detailed description of Mr. Lichter’s work in certain substantive areas.
ADR Training – AAA Webinar: Meeting Participant Expectations (2018); AAA Conducting Research & Investigations: The Arbitrator’s Authority, (2017); AAA Clarity in Award Writing (2016); AAA/ICDR/Mediation.org Panel Conference (2016); AAA Crossing the Line: New Developments in the Law of Arbitral Jurisdiction (2015); AAA Arbitrating in a Digital World; Fair & Expeditious Management of Electronic Discovery (2015); AAA, Get a Grip! Wrangling the Mediation Process to Improve Your Chances of Success in Multi- Party Disputes (2015); AAA Webinar, Innovative Testimony Techniques for the Arbitration Hearing (2014); ABA Section of Dispute Resolution, 14th Annual Spring Conference (2012); AAA Advanced Mediator Training: Managing the Dynamics of a Multi-Party Case (2011); AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing (2011); AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (2010); AAA Advanced Mediator Training (2010); AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (2009); AAA Arbitration Fundamentals and Best Practices for New Arbitrators (2009); Mediation Training Center, Exploring Problem Solving Frontiers (2007); NASD, Revised Code of Arbitration Procedure Training (2007); ABA Section of Dispute Resolution, ADR on My Mind (2006); Mediation Services, Inc., Supreme Court Certified – Family Mediation Training (2005); NASD, Panel Member Training (2005); Mediation Institute of America, Inc., Florida Supreme Court Approved, Circuit Civil Mediation Training (1997).
Employment Related Matters – For nearly 30 years, Mr. Lichter represented employers and employees in cases involving violations of employment agreements, termination, non-compete clauses and trade secret issues, including emergency injunctive relief. His experience includes representing employers and tipped and hourly employees in federal court in both individual and collective actions and in numerous individual actions before the AAA in FLSA cases. He is familiar with issues relating to overtime, misclassification, the DOL’s 20% Rule and its Field Operations Handbook. Mr. Lichter has mediated and served as an arbitrator in many employment disputes.
Intellectual Property – During his career, Mr. Lichter represented both plaintiffs and defendants in trademark and copyright infringement and counterfeiting cases involving federal and state law claims. He has obtained ex parte injunctive relief on behalf of trademark and/or copyright owners in the clothing, jewelry and software publishing business, and for 20 years represented a major software publishing trade association and handled its anti-piracy work in the southeast. His practice also included the successful defense of people and businesses accused of copyright or trademark infringement. David has also successfully resolved many intellectual property disputes as a mediator and addressed compliance, licensing, royalties, and piracy issues.
Real Estate – Mr. Lichter’s practice included a large range of real estate related matters. He has mediated complicated zoning disputes between municipalities, between cities and businesses and/or not profits, complex multiparty commercial/residential foreclosures, issues involving disputes over collateral and guarantees, RESPA and TILA issues. He has litigated cases involving commission disputes and matters involving the return of condominium deposits.
Securities – For much of his career, David was actively involved in securities matters in state and federal court and before FINRA. These matters and those mentioned below have involved a wide variety of broker dealers, registered representatives, registered investment advisors, individuals and private companies. These actions include issues involving stocks, bonds, REITS, mutual funds, portfolio management, fees, commissions, structured products, life insurance, annuities, options, churning, promissory notes, forgivable loans, defamation, raiding, and The Protocol. He previously represented brokers before the SEC & FINRA and has mediated approximately 600 FINRA/NASD matters. His mediations and arbitrations also included shareholder agreements & options to purchase and buy/sell agreements.
Healthcare – Mr. Lichter has arbitrated and mediated cases involving hospitals, insurance companies, physician practices and third party providers involving third party billing, reimbursements, capitation agreements, claims payment and processing, medical necessity, application of notice provisions, the statute of limitations and MCG guidelines, acquisitions, termination, staff privileges, non-competes, practice break-ups, HMOs and the interpretation of Florida’s Medicaid and related statutes.
Insurance – Mr. Lichter has arbitrated and mediated a broad range of coverage and benefit disputes, including life, disability, legal malpractice, real property, director and officer, errors and omissions and bad faith actions falling within and outside of ERISA.