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Accounting Insurance

Location:
Kennesaw, GA
Posted:
January 28, 2013

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View Ken Kendrick's Bio

View Ken Kendrick's Resume

Nisbet S. (Ken) Kendrick, III

Nisbet (Ken) S. Kendrick IIIKendrick Conflict Resolution, LLC4738 Talleybrook Drive

Kennesaw, GA 30152

770-***-****

abqbu8@r.postjobfree.com

Personally mediated over $100,000,000 in business case settlements.

Atlanta Magazine ADR Super Lawyer, 2009, 2010, 2011, 2012

Corporate Counsel Edition ADR Super Lawyer 2009, 2010EducationUniversity of Georgia, B.A., Philosophy, Magna Cum Laude 1974 University of Georgia, J.D., Lumpkin School of Law 1977Mediation TrainingHarvard University School of Law 1993Pepperdine University School of Law 2008Henning Mediation and Arbitration (Domestic) 2009Registered Neutral, Registered Domestic Relations Neutral, Georgia Office of Dispute ResolutionProfessional ExperienceKendrick Conflict Resolution LLC

Principal 2010-PresentWomble, Carlyle, Sandridge & Rice, PLLC, Atlanta, GA

Member 1996-2010Of Counsel, 2010-PresentFirm Loss Prevention Counsel (Atlanta office), 1999-2010Lead Trial, Litigation and Appellate Counsel 20+ reported decisions

Lead counsel in litigation in over 30 state and federal courtsLead counsel in AAA and other arbitration proceedingsHenning Mediation & Arbitration, Marietta, GA

Panel Member 2002-PresentMediated 250+ casesRepresentative matters: class action (products, securities, franchise), mergers and acquisitions, professional liability (legal, accounting), partnership dissolution, intellectual property license disputes, franchisor/franchisee disputes, banking, director and officer liability, trucking injury, trucking damage claims, insurance coverage, domestic relations, trusts and estates, commercial and real property disputesFrequent arbitrator, AAA and Henning Arbitration Registered Neutral (General Civil and Domestic), Georgia Office Of Dispute ResolutionCo-Founder, ADR Section, Georgia Bar Association, 1994ADR Section Chairperson, 1996Co-Chair, Georgia ADR Institute, 1996Premier Bank (previously, Georgia Security Bank, First Alliance Bank, acquired by BB&T)

Director, 1987-1997Executive Committee Member, 1993-1995Johnson and Montgomery, Marietta, GA

Partner, 1988-1996Managing Partner, 1993-1995Fishman, Freeman and Kendrick, Marietta, GA

Partner 1982-1988Nisbet S. Kendrick, Marietta GA

Sole Practitioner, 1977-1982Sample Mediated Settlements (except as previously publically announced or reported, party names are not disclosed)Post judgment mediation of lender liability claims resulting in dismissal of appeals.Multiyear poultry processing dispute between major regional subcontractor and Fortune 50 agribusiness concern.Pre-suit accounting partnership disputes regarding member allocations and withdrawals. FDIC claims against failed former bank directors and officers.Multibank (FDIC affiliate) litigation relating to major failed bank construction loans.Employment covenant litigation involving senior officer of Fortune 15 public company.Kaswan v. University of Georgia Research Foundation; University of Georgia Research Foundation v. Kaswan; patent, inventors rights, intellectual property license litigation regarding the most successful patent ever developed at the University of GeorgiaWindow manufacturing patent infringement litigation (8 years) involving re-examinations, collateral liability and related issues Attorney s fees award dispute necessary to the consolidation national linen service class actions pending in seven states involving multiple defendants and nine plaintiffs firms.Mortgage fraud litigation involving alleged attorney malpractice, alleged broker fraud, alleged underwriter fraud and title insurance claims.Consumer class action cases (California) against a leading manufacturer of performance/nutrition products.Post dissolution corporate dispute between former business owners involving accounting and fiduciary issues.Contract performance arbitration (settled at mediation) between two aircraft manufacturers regarding the production of a highly specialized project for a foreign government.Dispute regarding software implementation between a major enterprise software vender and a multinational corporation.Shareholder dispute regarding restaurant franchise rights, complex accounting disputes and corporate governance/deadlock issues (retained as an arbitrator, settled as a mediator).Sample Reported DecisionsAlltel Communications, Inc. v. City of Macon, 373 F.3d 1383 (fee ordinance restricting telecommunications provider unconstitutional)Griffin v. Kraft General Foods, Inc., 62 F.3d 368 (leading case interpreting Older Worker Benefit Protection Act)Fuqua v. Ernst & Young, LLP, 768, C.A.2 (N.Y.) (securities fraud, accountant liability)Hantz v. Belyew, 2006 WL 740408, N.D. Ga. (2006) (dismissal of securities fraud claim)Faillace v. Columbus Bank & Trust Co., 605 S.E.2d 450 (leading Georgia case on civil RICO liability)DeKalb County v. Orwig, 406 S.E.2d 577 (leading case on limits of sovereign immunity)

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