Michael Carbone’s legal career began in 1967 and has covered an extremely wide range of civil law, primarily including litigation, alternative dispute resolution, commercial real estate transactions and business law.  Set forth below are some of his achievements, first as a lawyer and then as an ADR neutral.

I.         LEGAL CAREER

A.        Litigation

Michael handled numerous jury and bench trials, as well as appeals, in both state and federal court.  As examples:

• He briefed and argued the appeal in Transamerica Title Insurance Company, Inc. v. Green, (1970) 11 Cal.App.3d 693, 89 Cal. Rptr. 915, 44 ALR3d 543, which established for the first time in California that the failure of a notary public to obtain identification from the signatory to a document was negligence per se.
• He represented The Gypsum Association in the Gypsum Wallboard Antitrust cases, which resulted in the largest civil settlement up to that time in a price fixing case, obtaining a dismissal of the client on summary judgment.
• He successfully represented a private university in a wrongful termination lawsuit brought by a faculty member who failed to achieve tenure, resulting in a mediated settlement at a time when mediation was virtually unknown as a way of settling cases. 
• He represented the same client in an unusual breach of contract case brought by a student who failed to earn a law degree.  Following adverse decisions in the Superior Court and the District Court of Appeal, the case was successfully appealed to the California Supreme Court.
• He successfully defended an architect against a claim for malpractice in the preparation of an estimate for major renovation of an office building in downtown San Francisco
• He successfully defended a major retail chain in a consumer fraud action brought by the purchaser of a diamond ring who questioned its quality.

B.        Commercial Real Estate

Michael has represented owners of commercial real estate in complex purchase, sale, financing and development transactions. Noted especially for his expertise in commercial leasing, he has represented both landlords and tenants in the negotiation of thousands of commercial leases over a period of more than thirty years, primarily involving complex shopping center and other retail leases, as well as ground leases.

C.        Construction Law

He has represented owners, contractors, subcontractors and design professionals in the negotiation of contracts and in the litigation and resolution of various kinds of claims, including claims for construction defects, money due on contracts, and enforcement of mechanics’ liens.

II.        DISPUTE RESOLUTION PRACTICE

Michael has served as a mediator, arbitrator or referee in more than 400 cases in many different subject areas, including construction contract and defect claims, real estate, business disputes, condemnation, partnership and trust accountings, breach of contract, franchise cases, estate and trust matters, personal injury and property damage, professional negligence, insurance coverage, employment discrimination and wrongful termination, and elder abuse.

The following cases are representative of his work in these areas.

A.        Business Cases

As mediator facilitated a high six figure settlement of a claim by a group of physicians against their outside billing service for failure to bill and/or collect for services, including resolution of insurance coverage issues and involving a complex claim for damages.

Mediated the settlement of a claim by an investor against a mortgage broker for the loss of hundreds of thousands of dollars invested in deeds of trust.

Settled a lawsuit for mismanagement brought by the members of a church against their governing board.

Mediated and settled a dispute between competing franchisors regarding tortious interference with business relationships and claims of slander.

Settled claims involving breach of warranty and misrepresentation in the sale of a radio station.

B.        Construction and Construction Defect

Mediated and settled dozens of cases involving construction defects and breach of contract claims in connection with the construction or remodeling of condominium buildings, luxury homes, and commercial and industrial properties, including complex multi-party litigation.

Settled a legal malpractice case against an attorney representing a homeowners’ association in a construction defect case.

Settled claim by a hospital against an engineer for professional negligence in preparation of plans for major remodel and expansion.