Eugene Farber

Farber, Pappalardo & Carbonari

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Eugene Farber has over 40 years’ experience as civil trial lawyer and commercial advocate, negotiator, mediator and arbitrator in international and domestic proceedings and class actions. With his vast experience, Eugene has served as a mediator in cases ranging from $250,000 to $500 million.

These mediation cases include the following categories:

Construction: (125+) cases among owners and general contractors, construction managers, architects, and Subcontractors and their insurance companies.

Distribution: (35+) including beds, pork, works of art, automobile parts, underwear, baseball equipment, baseball cards, paper products, books, tabloid magazines, flowers, frozen food, office equipment, home furnishings, airplane parts, radio programs, pets, toys, x-ray machines, medical equipment, shoes, ladies’ handbags, vitamins, firearms, home building supplies, cosmetics, perfume, wheat, cleaning supplies, wine, diamonds, watches, antiques, bicycles, charcoal grills, hazardous chemicals and cookies.

Employment: (60+) among senior employees or independent contractors in industries involving securities, banking, retail, pharmaceutical, accounting, building, distribution, manufacturing, aviation, employee placement, real estate management, trucking, insurance, energy and finance.

Mergers/Acquisitions (public or private company): (20+) cases including disputes with “spin-off” groups, and competitors engaging former employees.

Music and Art: (10+) including ownership of a Rembrandt painting and other works or art in museums, auction houses or privately owned, compensation and perquisites to groups of musicians and work conditions issues.

Professional Partnerships: (70+) including lawyers, accountants , architects, doctors, engineers, mostly related to breakups of firms.

Real estate: (70+) including cases among owners and neighbors, governmental agencies, universities and school boards.

Environmental groups (3), between owners and tenants including hospitals, nursing homes, retailers, office tenants, embassies, billboard advertisers, and movie theaters, real estate in Europe, South America, New Mexico, Israel and Japan.

Arbitration Experience:

Sole arbitrator, chairman, member of an arbitration panel, or counsel to a party in over five hundred arbitrations including multimillion-dollar complex disputes concerning:

Partnership: Dissolution of law, accounting, construction, architectural, and other professional firms, termination of employment, restrictive covenant and buy-out of partners.

Intellectual Property: Ownership, licensing and patents for intellectual property including genetic, agricultural and chemical technology and formulas.

Insurance: Coverage, subrogation, reinsurance, officers and directors, errors and omissions, fidelity, mold, appraisals, property and casualty, health, title, life, fire and malpractice insurance.

Manufacturing and Distribution: Domestic and foreign products for distribution in the United States and vice versa including jewelry, diamonds, medical equipment, food processing ingredients and machinery, wine, underwear, women’s clothing, shoes, watches, musical instruments, cookies, corn, satellites, baseball bats, perfume, flowers, barbeque grills, cosmetics.

Financial: Hedge fund, bank and investment disputes including structured financial transactions, proprietary financial data, valuations of portfolios of securities, sub-prime mortgages, loans, credit card debt, puts and calls and payment of fees regarding real estate and business investments.

Healthcare and Pharmaceuticals: Development and license agreements and royalty disputes regarding medicines, medical devices, scales, artificial hearts, blood pressure devices and dopplers.

Travel and Entertainment: Ownership, lease and management of hotels, casinos, luxury cruise ships, airlines and airline rights and duties; ownership and distribution of movies and royalty disputes; ownership and operation of athletic clubs, baseball cards and video distribution; performer disputes including television, theater, athletic and political personalities and their agents; and ownership of works of art (ownership of a Rembrandt painting).

Franchise: Food, chemicals, cabinets, beds, medical equipment, ice cream, and hotels regarding disclosures, performance, payment of royalties and advertising fees.

Technology: Hardware, software, applications, websites, data storage and retrieval, payment of fees and alleged defects in IT systems.

Real Estate: Rights to purchase, sell, lease, and encumber, management agreements, options to renew and determinations of fair market value and rent rates; ownership of public and private real estate ventures in Australia, Brooklyn, Denver, Chicago, New York, Tokyo, Mexico City, Paris and Manchester, England.

Brokerage: Churning, suitability, and 10b-5 violations and failure to follow instructions.

Education:

New York University School of Law, J.D. 1973
New York University-University Heights, B.A. 1970

Professional Recognition

Recipient, American Arbitration Association Inaugural Vision Award for achievement of the American Arbitration Association vision and goals of excellence in domestic and international arbitration – March 2019
President, College of Commercial Arbitrators – 2012-2013
Chair, American Bar Association Arbitration Committee – 2013-2015
Chair, American Arbitration Association Arbitrator Committee – 2016-present
Member, Board of Directors, Council, American Arbitration Association – 2014-present
Fellow, Chartered Institute of Arbitrators
Certified Member, International Mediation Institute
Fellow, Construction Lawyers Society of America
Member, National Panel of Distinguished Neutrals
Member, New York International Arbitration Club
Certified Advocate, Japan Commercial Arbitration Association

Other areas of practice:

Partnership Disputes
Shareholder Disputes
Franchise
Energy
Information technology
Entertainment
Bankruptcy
Intellectual property

Published Works:

Best Practices in Arbitration, College of Commercial Arbitration, Chapters on Motions in Arbitration and Class Arbitration – 2007, 2013 and 2017 Editions
The Role of the Neutral in Party-Appointed Arbitrations, New York Law Journal, September 13, 2002
Arbitration Law: Practical Points for Being Fair, Fast, Frugal & Final, New York Law Journal, November 7, 1996