Mr. Polsky has participated in the resolution of thousands of disputes totaling billions of dollars.

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1 Alexander S. Polsky, FCIArb/HKIACrb Comprehensive Practice Overview Recognized as a Best Lawyer, Alternative Dispute Resolution Category, Best Lawyers in America, Recognized as a Top California Neutral, Daily Journal, Mr. Polsky, recognized as one of the 20 most sought after mediators and arbitrators in California by the Los Angeles and San Francisco Daily Journal, has earned the highest rating (AV) from Martindale Hubbell. Bar association reviews consistently give him high marks for fairness as an arbitrator and tenacity as a mediator. Mr. Polsky serves as a Superior Court Judge Pro Tempore, director of numerous bar association charities and committees, including ABA Corporate Counsel and ADR Committees. Alex is a Fellow of the International Academy of Mediators and an ICC arbitrator of international disputes under ICC and UNCITRAL. As a negotiation skills trainer, Mr. Polsky conducts training and seminars for law firms, corporations, and associations worldwide. He is a Professor of Law at the University of Southern California Law School, where he teaches a course on negotiation and ADR processes. He is also a lecturer and author for Los Angeles Daily Journal, ABA, CEB, and numerous publications nationwide. His articles may be viewed and downloaded at: adr-mediate.com. Mr. Polsky has extensive experience mediating and arbitrating complex commercial litigation, employment & wage hour, class action & mass tort, entertainment, product liability, malpractice and serious injury cases. Mr. Polsky has participated in the resolution of thousands of disputes totaling billions of dollars. REPRESENTATIVE MATTERS ADA, Disability and Discrimination This is a unique area where sensitivities to personal issues are paramount. Mr. Polsky works closely with the parties to design the appropriate process to mediate these disputes, and also serves as a special master to monitor compliance or manage discovery disputes. Claim by operator of group home against Regional Center for over regulation, discrimination, and violation of the Lanterman Act. Asserts a policy disfavoring placement in small group homes for developmentally disabled. (Action plan implemented to relocate home to another administrative zone, payment of $950 k) ADA claim against United States divisions of International hotel chain for discrimination against disabled persons with assistance animals. Pre-suit mediation of claim of age discrimination and wrongful termination of 41-year employee who rose to the position of President of company that was eventually bought out by defendant. Following buy out, plaintiff was placed in the position of Vice President of Sales and Marketing at a base salary of $100 k plus bonus, until he was escorted out 18 months after the buy out. A younger employee replaced plaintiff in an effort to reduce compensation expenses. (Settlement $100 k plus attorney fees) Americans with Disability Act Claim, including wrongful discharge and improper refusal to provide reasonable accommodation. Plaintiff was a 49-year-old warehouseman who was injured outside of work. He was terminated after a 16-month medical leave and a determination that he could not return to the former job on a full time basis. (Settlement based on adjusting termination date to increase pension benefits, plus continued salary for a set term plus attorney fees) Resignation without notice by highly compensated female investment manager who was responsible for a $1bn bond portfolio following appointment of a male co-manager. Allegation of gender discrimination. (Settled for payment of one-year salary). Claim of racial discrimination by employee of national fast food operator for its refusal to grant accommodation to permit time off to attend non-scheduled prayer meetings. (Settled

2 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 2 of 24 with payment of money and termination of employment) Constructive termination, emotional distress, sexual and racial harassment alleged against physician by office manager and nursing staff following their reporting of insurance fraud by the physician. (Settled at mediation) Claims of sexual harassment in violation of Title VII, 42 U.S.C. section 2000 involving female worker entering workplace for the first time as a result of the incapacity of her husband. She was hired by manager who then encouraged worker to engage in various sexual acts in exchange for promises of promotion and threat of termination. (Settled) Employment discrimination resulting from termination after employee confided in manager that she and her husband intended to start a family. Wage claim also tendered and resolved. (Settled) Arbitration (Domestic and International) Alex has served as a neutral arbitrator in hundreds of matters nationwide. Alex is a published author of articles on arbitration practice. Articles may be viewed at adr-mediate.com. He is a sought after lecturer on effective arbitration practice and has presided over hundreds of arbitrations nationwide. He was identified as one of the Top most sought after arbitrators in California by the Daily Journal s independent survey. Alex also handles International Arbitration convened pursuant to ICC and Uncitral. International business disputes pursuant to ICC referral and UNCITRAL rules. Neutral and party arbitrator in numerous cases involving design and delay claims involving commercial structures, roadways, reservoirs, and residential developments. Dispute between two developers over aborted sale of a portion of a tract. Seller asserted delay justified cancellation while buyer asserted delay a ruse to justify selling to a higher bidder. IPO secondary to the nationwide acquisitions of physical therapy offices and creation of a national network. Involved more than 45,000 documents and 100 hours of testimony. Federal suit with venue in Louisiana. Allegation that malpractice resulted in inadequate price. Exposure to toxins as a result of improper cleanup of non-superfund landfill site. Insurance bad faith claim for denial of indemnity and defense following NASD suspension of trading, SEC investigation into possible Section 5 violations, and investigation into issuance of fraudulent shares. Hundreds of personal injury, uninsured motorist, wrongful death, and product liability cases. Construction delay claim in connection with municipal water reservoir project. Claim by municipality against general contractor and cross claims seeking payment of withheld sums. Contractor claims to recover unpaid fees, as cross claims delay and/or for defective construction. Architectural errors and omissions claim by municipal agency in connection with municipal building project and set-off claims for value-added improvements and delay payments. Dissolution of professional practices, including medical and law firm, and apportion-ment of assets Dental malpractice cases. Veterinary malpractice cases. Patent and copyright claims. Claims by homeowner associations against members for violation of CCR. Adjudicator of claims by black farmers (Black Farmer consolidated cases against the U.S. Government) in connection with wrongful denial of FEHA loans by U.S. Government agencies to over 45,000 farmers throughout the United States. Employment arbitrations pursuant to clauses in employment agreements. Neutral fact finder in employment, harassment, and workplace issues. Numerous complaints of excessive attorney fees. Mr. Polsky has lectured on this subject for the California Bar and has testified as an expert in this field. Numerous medical negligence cases, as both neutral and party arbitrator. These have included cases with allegations of: Failures to timely administer chicken-pox vaccine to expectant mother resulting in brain injury to, and eventual death of, newborn. Delay in delivery and improper staffing of neonatal unit of county hospital resulting in asphyxia and brain injury in newborn child.

3 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 3 of 24 Sexual activity by dentist of sedated patient. Sexual affair between psychiatrist and patient. Nerve severing during procedure to remove cyst of wrist of patient who played classical violin. Death of patient in context of Elder Abuse case where facility allegedly did not administer proper care, notify treating physician, or timely transport patient to hospital with concomitant claim against hospital for return of patient to the facility. Unnecessary surgery to remove herniated disc(s). Improper and excessive use of cocaine in procedure to correct nasal deformity resulting in a hole in the septum. Claim of contract breach by management company against homeowner s association. Arbitration to determine valuation of permanent ringing in ear following automobile accident. Plaintiff was a 42-year-old worker. Claim involving shortfall of approximately $600 k after a fire destroyed a manufactur-ing plant. Suit filed against broker for failing to secure adequate coverage for content and business interruption. Defense alleged it relied on the information provided by claimant. Architect & Engineers Errors & Omissions/Construction Delay and Municipal Design Alex has participated in the resolution of hundreds of commercial and residential construction disputes. He is a published author and lecturer on the subject. (see also Construction Defect bio) Alex s experience in construction disputes has resulted in numerous referrals of E&O claims. Mr. Polsky has served as a neutral and party arbitrator and as a mediator in numerous cases involving design and delay claims involving commercial structures, roadways, reservoirs, and residential developments. Architectural errors and omissions involving highway pipeline project. Claims of defective roadway design, including sound attenuation, delay and defect as well as injury and death being attributed to design issues. Governmental liability for payment of fees in architect s errors and omissions claim secondary to construction of municipal library. Error & omission vs. value added. (Settlement $2.5 mm) Suit alleging negligent design and construction of municipal pool and water project in Nevada. Design and line of sight for concert hall. (Settlement $2.3 mm) Attorney Fee Disputes Alex is a published author of articles on ethical billing, fee audits, and fee arbitration. Articles may be viewed at adr-mediate.com. He has lectured at the ABA, State Bar, for law firms and corporations, and has mediated or arbitrated hundreds of fee disputes. He has also designed litigation budget plans for corporate use with law firms, which have served to reduce misunderstandings. Testimony as an expert in the state and federal courts on the issue of reasonableness of fees. He has audited legal bills for corporations, and has provided counter audit services for law firms. Published the CEB training manual on Ethical Billing Practices and lectured throughout California for CEB on the subject. Service on state and local bar Mandatory Fee Arbitration panels. Excessive fees alleged in real estate transaction. Excessive fees alleged in bankruptcy workout of commercial real estate brokerage/ property manager. Excessive fees alleged in domestic relations matter. Excessive fees alleged in financial planner litigation. Allegations of excessive fees and poor results in connection with representation of client in a federal lawsuit brought by a pension fund alleging other funds were related entities bound by

4 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 4 of 24 collective bargaining agreements. Automotive and Dealership Disputes Mr. Polsky has an understanding of automotive issues ranging from design, product liability, dealership agreements, point placement and issues pertaining to employment and training of sales representatives. As a result, he has mediated numerous cases in this area. Multiple disputes between automobile dealers and automobile companies regarding point placement, territories and placement of new dealerships. These are generally managed under the manufacturers dispute resolution programs. Rights of specialty automobile dealer under manufacturer-dealer agreement after manufacturer s trademark and distribution rights are sold to a big three entity. Constructive termination in violation of statute by sales manager of automobile dealership following complaints of unfair withhold of PAC benefits from commission calculations. Over 150 product liability claims including but not limited to: design stability, A or B pillar strength, C 4 park to reverse syndrome, transmission slippage, electrical mal-functions, and fire. Lemon law cases. Claims by original distributor of Hummers alleging contractual breach and point violations secondary to acquisition of Hummer. Business, Commercial and Entertainment Alex has participated in the resolution of complex business disputes, including partnership dissolution and workouts, either through mediation or arbitration. Entertainment disputes concerning ascertainment and distribution of profits, breach of employment contracts and issues regarding distribution expenses. Suit for fraud and reformation of ground leases on 50 oceanfront lots. Owner raised the ground rental but increases rolled back in arbitration filed by tenants. Process resulted in parties committed to lease disputes every four years, and negative impact on land value and investment return for property owners and lessees, until lease expires in Mediation created subdivision, LLC and full transfer of leaseholds which then permitted tenants to own the beachfront lots, and owners to utilize funds to achieve investment grade returns. (Settlement based on buyout value of $54,000,000.00). Software licensing disputes. Commercial business interruption claim for monetary damages for lost profits secondary to site improvements resulting in loss of signage and parking during extended construction. (Settled for lease modifications and attorney fees, plus special signage) Securities related cases include pension claims, breach of contract claims, bond claims, termination benefits, and corporate loss of revenue disputes. Theft of computer data and alteration of checks by employee of nationally recognized securities firm. Employee denied theft and asserted breach of written employment agreements. Mediation occurred during SEC, district attorney, and bank investigations. (Settlement formally terminated relationship between employee and firm) Claim by operator of group home against Regional Center for over regulation, discrimination and violation of the Lanterman Act. Asserts a policy disfavoring placement in small group homes for developmentally disabled. (Action plan implemented to relocate home to another administrative zone, payment of $950 k) Unfair competition and theft of trade secrets in connection with unauthorized use and sale of mortgage origination leads from computer mortgage broker by employee who became a competitor. ($450 k plus injunctive relief and violation protocol) Fraud and unfair competition alleged by residential mortgage lender who asserted she was induced to merge her practice with defendant s business. Assertion merger was a fraudulent effort to obtain trade data and customer lists with plan to terminate relationship. ($225 k) Commercial, acquisition and franchise claims. Defamation by owner of competing taxi business asserting that competitor did not possess proper licensing and had issued fraudulent insurance certificates. Actions in an effort to win a

5 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 5 of 24 contract for transport services at a regional airport. Representations made by competitor and by his insurance agent. Significant loss of revenue claims in addition to punitive damages. (Settled at mediation) Jet fuel spill airport during refueling of 747. Spill caused by clamp failure followed by operator who did not secure a safety valve to cut off the flow. Dispute over cost and responsibility for clean up which was paid in full by the airline. (Settlement involved extending refueling contractor s contract at a reduced rate to compensate airline for expenses) Construction company sues unified school district for breach of contract, work and labor costs and delay damages in connection with three reconstruction projects. Contract amount at issues exceeded $3.5 mm. (Settlement of $500,000 plus agreement not to deem contractor unreliable and unresponsive as that term relates to government contracting) Federal lawsuit brought by a pension fund alleging other funds were related entities bound by collective bargaining agreements. Potential exposure to trusts exceeded $1 mm. (Settlement $580,000 over 10 years) Suit to recover unpaid balance on hotel construction contract as assignee of bondholder having foreclosed on a security interest and creating a cloud on title. Cross allegations of offsetting back-charges. (Amount in dispute approx. $ 1 mm settled) Foreclosure of mechanics lien and enforcement of stop notice in connection with commercial real estate development following bankruptcy filing by lead tenant. Cross allegation for breach of sub contract. (Contract price $400 k) (Settled) Breach of contract claim in connection with fire alarm system at municipal project (city hall). Fixed price contract tendered with contractor (plaintiff) assuming the prime contractor and municipality would approve a subsequently delivered specification, which involved a product change. Municipality withheld approval mid-project and prime contractor terminated the subcontractor Municipality withheld charge-backs approaching $5 mm on total project with about $250 k apportioned to the alarm system. (Settlement with partial release of chargebacks allocated between prime and sub contractors) Disputed ownership interest claimed by ousted CEO following turnaround of manufacturing company. Valuation of claimed shareholding approximated $2.5 mm plus interest. (Settled) Disputed claims for payment and change orders by prime contractor on shopping center build out of key retail store. Store sold immediately following build out. (Arbitration) Claim against telephone company telephone book division for improper placement of display advertisement. Claim for lost profits and business interruption. (Settlement $25,000) Subrogation claim by insurer after paying property damage, lost profits and loss of use on behalf of insured secondary to water damage from improperly applied roof. Related insurers argued coverage issues negated obligation to indemnify. (Settled in low seven figures) Claim involving shortfall of approximately $600 k after a fire destroyed a manufacturing plant. Suit filed against broker for failing to secure adequate coverage for content and business interruption. Defense alleged it relied on the information provided by claimant. (Arbitration) Real estate sales agreement wherein plaintiff would acquire two parcels near Disneyland. If the parcels were developed into a large-scale hotel, seller would be entitled to lease 6,000 square feet for a restaurant. Issue became whether development constituted a large-scale hotel. (Settled $400 k) Breach of covenant of quiet enjoyment in connection with commercial lease. Landlord was a major landholder in Little Saigon. Allegations that he permitted anti communist rally staging area in and about tenant s property after tenant displayed communist objects. (Settled for lease buy out) Rights and royalty claims in connection with distribution of recorded assets. Breach of contract/fraud claims by CEO of residential mortgage lender asserting inducement to sell business was a sham to obtain business assets and trade secrets, and force CEO out. Unfair competition and theft of trade secrets in connection with Internet lender. Sexual harassment claims asserted by aids to movie producer. (Settled) Breach of commercial lease one year into 10-year term following SEC induced management change at lessee. Leasehold value exceeded 12 mm. Property rehabilitation exceeded 2 mm. Breach of commercial lease secondary to Chapter 11 filing by lessor s corporation. UCC section 2300 claim in connection with sale of pumping engines to fire department. (Settled based upon joint sale of fire trucks and guarantee of reimbursement of $450k from proceeds) Claim by massage therapist of overt sexual conduct by producer, director and performance artists during filming of major motion picture. (Settled)

6 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 6 of 24 Class Action, Franchise, Wage/Hour and Commercial Mr. Polsky has mediated numerous class action cases, both pre and post certification. He has worked with the parties to design and implement notification, benefit and cy pres procedure. Numerous franchise infringement claims. Numerous wage/hour claims. Automotive dealer and fast food franchisee claims. Over 75 unfair business practice claims per Civ. Code section and in Federal Court.. Class actions filed against governmental entities. Termination benefits and corporate loss of revenue disputes. Wage & hour claim by firefighter working in security field after hours. Issue of flat rate pay vs. entitlement to overtime. Attorney Errors & Omissions in connection with $100 mm health care acquisition. (Served as arbitrator in Louisiana of this case filed in Federal Court. Award was in favor of plaintiff following 17 day hearing) Duty of franchiser regarding 40 fast food franchisees and losses of revenue allegedly due to predatory store placement/advertising. Secondary mediation to create formulae for distribution of settlement proceeds and stock between franchisees. Franchise dispute between vendors of baked goods for nationwide manufacturer. Dispute concerned compromise of territory. Multiple disputes between automobile dealers and automobile companies regarding point placement, territories and placement of new dealerships. These are generally managed under the manufacturers dispute resolution programs. Rights of specialty automobile dealer under manufacturer-dealer agreement after manufacturer s trademark and distribution rights are sold to a big three entity. Class action involving 28,000 individual African American farmers claims of discriminatory lending practices. Participated in the implementation of global adjudication process following settlement of the case. Numerous cases in connection with practice of retailer in requiring personal information data to accompany credit card purchases. Classes identified, method of notice determined, settlement structure identified and court approvals obtained. (Civ. Code section issues) Class action type settlement(s) of insurance bad faith claims secondary to insurer handling of California earthquake claims. Handled under Code of Civil Procedure Multiple cases involving approximately 200 homes and three different insurers. Class action wage and hour claims by department managers of nationwide retailer. (Settled) Class action alleging fraudulent inducement to purchase travel membership that conveyed no value to the subscriber. (Settled based on reimbursement of fee plus attorney fees) Construction Defect Residential, commercial, high rise, low rise and tilt-up, Alex has participated in the resolution of thousands of construction defect claims throughout the Unites States and particularly in California, Arizona, Colorado and Nevada totally in the billions of dollars. His articles on the subject may be found at adr-mediate.com, and he has lectured throughout the United States on the subject of cost effective dispute resolution of these types of claims. Alex serves as a Special Master to design and manage cost effective investigation and settlement protocols designed to ameliorate the cost of litigation. Author and lecturer nationwide including Bar journals, legal newspapers, trade publications and panel member or Chair on construction defect and mold panels for ABA, Mealeys, West Coast Casualty, BIA CIAA and various other organizations nationwide. Licensed real estate Broker. Numerous single-family home construction defect cases ranging from one home to over 350 and attendant claims against sub contractors. Fraud and concealment regarding scope of design and implementation of post earthquake remediation of commercial parking structure. Negligent condominium conversion due to failure to remediate termites resulting in $3 mm in

7 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 7 of 24 roof, rafter, and framing damage. Defense asserted failure of HOA to mitigate. (Settlement) Negligent soils preparation incidental to sale of raw land followed by separate action against different entities for construction defect and inadequate pre-pad soils replacement/compaction incidental to construction of 20,000 sq. ft. biological testing laboratory. Significant biological sample contamination and EPA toxic waste and FDA regulation issues secondary to remediation. (Settlement $1.9 mm) Construction defect case involving 96-unit residential development. Allegations involved soils, roof failure, roof leaks, defective deck and stair coatings, landscape, plumbing and other problems. (Settlement $2.1 mm) Construction defect case involving design and construction of a commercial shopping center. (Settlement $3.3 mm) Land subsidence and construction defect in connection with manufactured housing/mobile home development. (Settlement $600 k) Construction defect case involving 125 detached single-family homes. Defects included: expansive soils; improper compaction; slope degradation and drainage; roofing; electrical; plumbing and general architectural and structural defects. (Settlement $2.9mm) Construction defect case involving high-rise luxury condominium building with defective exterior wall and waterproofing system. (Settlement) Construction defect case involving 380 single-family homes as well as multiple level soils, drainage, expansion and compaction problems. Involved over 30 insurers from around the world, numerous coverage, exhaustion and shortfall issues, and 75 legal representatives. (Aggregate $28.4mm) International re-insurance fraud and improper placement of excess coverage. Claim involved evaluation of multiple re insurance treaties. Bad faith and construction defect and negligent repair case involving damage to plaintiff s home secondary to Northridge earthquake. Repair contractor, recommended by insurer, allegedly performed negligent and substandard repairs. Insurer then refused to pay amounts needed to cure original damage plus damage caused by repair contractor. (Settlement of defective workmanship claim for $125 k) 274 single family home construction defect case. Brought in after over 30 settlement conferences had been held with three prior mediators and the Court. (Settled in three sessions, using a specially designed settlement structure, for an approx. $9.5 mm) Plaintiff s purchased a new home. Within a few months of move in the family began to experience a variety of upper respiratory symptoms, memory loss and fatigue. Nail punctures were discovered in a number of water lines, which had produced pinhole leaks and significant mold development inside the walls. Plaintiff s moved out under the direction of their physician after it was discovered that mold levels were 23 k times higher inside than outside. (Settlement for $185 k plus buyback of the home. Alex has handled hundreds of mold and air-born toxin claims. Settled the first case in Nevada to be resolved within the Chapter 40 early dispute resolution protocol. Case involved 39 single-family homes and settled following a mediator implemented investigation plan and three mediation sessions. 302 home construction defect case mediated but not settled and transferred to Mr. Polsky for final resolution. (Global settlement achieved) Elder Claims Alex authored an article on the emotional nature of Elder Abuse mediation, which may be viewed at adr-mediate.com. Alex believes these cases require up front case setting participation by the mediator due to their unique emotional content. 89 year old wheelchair bound patient not secured during transport suffered cervical fracture and cardiac death secondary to tip-back of wheelchair. ($300 k) Person in long-term care facility fell from bed post-surgery resulting in hip replacement. Allegations centered upon failure to provide adequate nursing care and lack of bed rails. Patient had a history of falling from bed, which resulted in the first surgery. (Settlement $150 k) Failure to provide adequate care resulting in walk away of elderly mental patient and subsequent accident causing severe orthopedic injury. (Settlement $250 k) Alzheimer patient wandered away from convalescent hospital. Police found her and took her

8 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 8 of 24 to a medical center where she came under the care of an assigned physician. Following tests she was taken to a care center for the elderly. She developed ulcerations to her buttocks, pneumonia, sepsis, decubitus ulcers and dehydration. She was transferred back to the hospital where she died. Elder abuse, medical malpractice and punitive damage claims asserted against hospital and facility by the estate. (Settled) Failure to use and monitor bed rails in connection with resident of elder care facility. Patient fall resulted in leg would with secondary healing issues. ($ 35 k) Failure to monitor, deliver mediation to control diabetes and prevent falls. (settled) Skin breakdown on coccyx resulting in sepsis. Decubitus ulcers to feet. ($150 k) Environmental, Toxic Exposure, Hazardous Waste, Habitability and Mold Alex has served as the Chair of the Mealeys Mold Conference as well as a panelist at the Parker Milliken Hazardous Waste Seminar. He has served as a special master, mediator or arbitrator in dozens of cases involving toxic waste, exposure, injuries and/or remediation. Alex s mediation of cases in this area include individual claims, class action and habitability claims. Mediated over 350 cases nationwide involving mold exposure and re-mediation. Past chair of the Mealey s mold conference. Featured speaker at the Nevada Bar Association s conference relating to mold claims and insurance coverage for mold exposure. Multiple cases involving asbestos exposure to shipyard, construction and pipeline workers. Jet fuel spill at Ontario International Airport during refueling of 747. Spill caused by clamp failure followed by fear induced flight of operator who did not secure a safety valve to cut off the flow. Fuel entered the drainage system. Dispute over cost and responsibility for clean up which was paid in full by the airline. (Settlement involved extending refueling contractor s contract at a reduced rate to compensate airline for expenses) Fatal infection secondary to exposure to DDT in soil. DDT dumped by chemical manufacturer in open farmland. (Settlement 180 days before death of property owner) Groundwater contamination secondary to residential pumping station. Mediation utilized neutral expert to design proper station and replacement protocol, resolution of personal injury claims, and payment of litigation expenses of involved homeowner s association. Mailroom employee exposure to irritating fumes. Claims against seller for inadequate markings and employer for failure to give notice of chemical shipment. (Settlement including early medical retirement) Mediation of claims filed in Federal Court in Nevada alleging bad faith failure to cover damages, including mold intrusion, secondary to the discharge of water from a kitchen appliance, and damages from the exposure. Insurer provided repair contractor to repair the covered claim. Insured hired this repair contractor. The contractor set up fans to blow hot air to affected area, and applied a fungicide to the area. An odor developed throughout the property and claimant became ill. It was determined that the blowers released mold spores throughout the residence and that claimant suffered mold related illnesses and allergic reaction. The insurers denied this claim as falling within the pollution exclusion. Claimant asserted that the mold was a covered resultant damage from the lead and improper repair. (Settlement $450 k) Claim arising from allergic reaction to musty odor in apartment. After four months, claimant developed headache and breathing disorders. Physicians diagnosed an adverse reaction to toxic mold, which was complicated by pre-existing asthma. It was determined that there was a small roof leak that resulted in mold growth in the wall cavity. (Settlement involving payment of money, relocation to a new apartment and rent abatement plus attorney fees) Personal injures sustained by mail handler upon opening a sealed package that contained sodium hydroxide. Product not shipped using hazmat shipping guidelines. Claims against shipper and employer alleging loss of lung capacity. (Settlement for $200k against shipper and preservation of worker s compensation claim with waiver of credit assertion rights) Sub-surface effluent seepage. Management of the case required coordination or investigation and remediation plan plus payment of damages to adjacent property owners. Fuel tank spillage and remediation claims. Asbestos exposure and asbestosis claims involving former shipyard workers. Landfill contamination in context of planned residential development.

9 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 9 of 24 Toxic contaminant remediation and removal. Mesothelioma and pleural plaque thought to have been due to a 10-day exposure to asbestos containing material following abatement in residential apartment. Plaintiff was 7 years post lung removal due to cancer. Plaintiff reaction to perceived exposure resulted in extreme stress, destruction of all personal property. During facilitate discovery as part of the mediation process it was determined that the exposure was nominal and contained and that there was no mesothelioma or pleural plaque but an allergic reaction. Confidential settlement obtained. Plaintiff s purchased a new home. Within a few months of move in the family began to experience a variety of upper respiratory symptoms, memory loss and fatigue. Nail punctures were discovered in a number of water lines, which had produced pinhole leaks and significant mold development inside the walls. Plaintiff s moved out under the direction of their physician after it was discovered that mold levels were 23 k times higher inside than outside. (Settlement for $185 k plus buyback of the home. During repairs of water leak extensive mold contamination was discovered. Homeowner s insurer denied coverage for the loss based on pre-existing conditions and pollution exclusions, and advised insured to seek recovery from the sellers of the home. (Settlement of bad faith claim for $675,000 and policy buyback) Habitability claims secondary to exposure to aerosolized mold following removal of flooring in apartment complex and use of fans to dry rotted substrate. (Settled) Habitability claim secondary to noise intrusion into apartment following rehabilitation of property in LAX noise zone. (Settlement based on fund for retrograde sound attenuation) Habitability case involving 60 residents of apartment complex. Claims include injuries to children from un-repaired common areas, upper respiratory infection from exposure to mold and cockroach fetus, vermin, filth and racism. (Settled $3 mm) Habitability claim involving 21 tenants of apartment complex asserting mold related illness, exposure to filth and racism, overt sexual conduct by managers of complex. (Settled $865 k) Governmental Liability and Code Enforcement Alex has mediated and arbitrated hundred of claims against governmental agencies ranging from contracting, employee negotiations, medical malpractice, nuisance, encroachment, excessive force. Assessing issues relating to in policy actions by police officers, and claims of excessive force, as well as civil enforcement actions. Public entity liability in connection with multi year retention of consulting firm utilized to apply for and administer grants. Claim by operator of group home against Regional Center for over regulation, discrimination and violation of the Lanterman Act. Asserts a policy disfavoring placement in small group homes for developmentally disabled. (Action plan implemented to relocate home to another administrative zone, payment of $950 k) Municipal liability for failed rehabilitation of home in LAX noise abatement zone. Numerous claims against municipalities including code enforcement, excessive force, inverse condemnation, and roadway design as well as employment law related issues and medical negligence at governmental hospitals. Police shooting case where non-lethal force device, shotgun deployed beanbags, failed to open resulting in death of unarmed assailant. (Settlement $235 k) Police shooting of 15-year-old group home runaway with history of criminal activity. Plaintiff was shot multiple times at close range as she sat in driver s seat of van that she had backed up into an undercover officer s vehicle. Injuries included partial paralysis. (Settlement $2.5 mm) Municipal code enforcement to determine if massage parlor violated certain local zoning laws Municipal Code enforcement action to abate commercial nuisance in connection with nightclub. Municipal and event liability for quadriplegia sustained during Iron Man Triathlon accident. (Settlement $3.78 mm) Governmental liability for curve slope resulting in wrongful death in solo vehicle spinout. Governmental liability for roadway drainage. Inverse condemnation. Landslide took home and contents within one hour of first notice.

10 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 10 of 24 Municipal Flood control issue. (Settlement pre-suit for $425 k) Claim of improper withholding of charge-backs in multi-million dollar school refurbishment contract. Fixed price contract tendered with contractor (plaintiff) assuming the prime contractor and municipality would approve a subsequently delivered specification, which involved a product change. Municipality withheld approval mid-project and prime contractor terminated the subcontractor. Municipality withheld charge-backs approaching $5 mm on total project with about $250 k apportioned to the alarm system. (Settlement with partial release of charge-backs allocated between prime and sub contractors) Claims by homeowners against municipality alleging inverse condemnation and damage from vibration and noise secondary to a sewer project. Claimants were seeking damages to rebuild, repay attorney fees and punitive damages. (Settlement $197 k) Claims by 22 commercial properties against municipal flood control district for inverse condemnation, business interruption and vibration damage occurring over three-year storm drain project. (Partial settlement followed by arbitration of remaining issues) Claims by homeowner against state agency for inverse condemnation, business interruption and vibration damage occurring during highway project. Homeowner took extensive video documentation and diaries of intrusive nature of project. Claim against government employee benefit plan (insurer) for refusal to pay hospital charges for repair of detached retina. Plan contended that prior authorization is not a guarantee of coverage and where, as here, the charges and treatment do not meet standards set by review board, they will not be paid. Plaintiff alleged bad faith and failure to pay for treatment to a life threatening condition. (Settled with payment of benefits plus attorney fees) Claim against hospital, physician and County alleging negligent delivery and neonatal care, including failure to account for group B strep infection in mother, resulting in a birth asphyxia and brain damage. (Settled $1.1 mm) Claim arising from care of plaintiff at local hospital for failure to timely treat for a diagnosed myocardial infarction. Due to insurance issues, the regional hospital transferred plaintiff to a County hospital following initial treatment for ventricular fibrillation. At the regional hospital plaintiff was treated, given a stress test, and discharged. Within 24 hours she suffered a massive infarct, encephalopathy and brain damage. (Settlement $1.6 mm) Claim filed by 24-year-old plaintiff against County hospital and county for care following admission for abdominal complaints. Plaintiff, an acute alcoholic developed pancreatitis. He was admitted and began withdrawal symptoms. During withdrawal he suffered a complete cardio pulmonary arrest. Primary caregivers prior to the arrest were all interns. Resuscitation was delayed as plaintiff had been placed in a supine position, under restraints and unattended. He sustained anoxic encephalopathy and brain damage. (Settlement $1.65 mm) Suit against government benefits plan administrator and school district by 31-year employee arising out of failure to cover costs associated with emergency medical treatment secondary to a heart attack. As a result of the failure to pay, a claim was presented to plaintiff for $40 k in medical costs. (Settled with payment of medical bills and attorney fees) General contractor action against unified school district for breach of contract, work and labor costs and delay damages in connection with three reconstruction projects. Contract amount at issues exceeded $3.5 mm. (Settlement of $500,000 plus agreement not to deem contractor unreliable and unresponsive as that term relates to government contracting). Public entity breach of contract in connection with multi year retention of plaintiff to apply for and obtain education grants for school district. Issue of whether payment scheme violated grant restriction guidelines. (Settled) Insurance Issues, Insurance Bad Faith and Coverage Alex has extensive experience in insurance policy interpretation. He has mediated and arbitrated hundreds of matters involving life, health, disability, earthquake, fire, UIM and UM claims both from the point of view of policy interpretation and also bad faith. Numerous claims against insurers for failure to approve medical care. Numerous cases where Mr. Polsky has served as a discovery referee and special master, and has monitored depositions. Numerous coverage disputes in connection with construction defect. Post multi party case settlement allocation between insurers. Under-valuation uninsured motorist claim and asserted failure to investigate following an

11 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 11 of 24 award that was four times the highest offer. Asserted offer based on computer analysis and not actual factual issues. (Settled $85 k) Maritime insurance bad faith claimed following denial of post yacht sinking while in port. Denial predicated on issue of sea worthiness as a condition precedent for stating a claim. (Settled $425 k) Delay in responding to rotted pipe under foundation coupled with incomplete/faulty repair and failure to fully pay claim. Primary vs. secondary coverage for loading dock injury. Bad faith denial of coverage in construction defect claim and cross actions against insured homeowner s association. Specific allegation of bad faith in retaining approved law firm to handle defense of insured in manner which could defeat coverage. (Settlement $2.0 mm) Insurance bad faith in connection with denial of disability benefits to ophthalmologist who could no longer perform complex surgeries for which he was specifically insured (but could still practice medicine) (Settlement $5 mm) Insurance bad faith in connection with delay in payment of uninsured motorist benefits. Arbitration award was in excess of policy benefits. In house counsel wrote pejorative remarks on letters placed in file that were discovered when documents were produced suggested willful delay. (Settlement $250 k) Insurance bad faith and agent errors & omissions/fraud in connection with sales of replacement life insurance and lapse of original coverage. Delay and incomplete payment following fire loss. Claimant was an 89-year-old continuous insured of respondent for 35 years and had never submitted a claim. Disputes over the applicability of a policy rider covering additions to the property and the estimates for restoration. (Settlement $200 k) Allegation of bad faith in seeking reimbursement of med pay payments and unilateral suspension of med pay payments to medical providers. Lack of payments to medical providers discovered after settlement of third party claim. Case challenges utilization of in house nurse consultants. (Settlement $60 k) Failure to timely pay UIM benefits to 73-year-old roofer who was the victim of an attempted car jacking. Allegation of improper negotiation wherein $12 k was initially offered then increased to the policy benefits of $15 k with no new facts. Thereafter, the settlement agreement included a release of Bad Faith claims. (Settlement $75 k) Dispute over proceeds of a whole life insurance policy issued in 1995 in the face amount of $50,000. The policy was rescinded after the insurer discovered a non-disclosed criminal record. Policyholder was shot and killed in December (Settlement $15 k) Dispute between primary insurer, reinsurers and agents in connection with Warehouseman s Legal Liability Policies. Subrogation claim by insurer after paying property damage, lost profits and loss of use on behalf of insured secondary to water damage from improperly applied roof. Related insurers argued coverage issues negated obligation to indemnify. (Settled in low seven figures) Pre-suit mediation of claim of insurance bad faith arising out of insurer s delay and low offer (relative to arbitration award) in uninsured motorist case. Insurer argued delay caused by difficulty in evaluation plus need to investigate and therefore there was no bad faith. (Settlement $100 k) Bad faith and construction defect and negligent repair case involving damage to plaintiff s home secondary to Northridge earthquake. Repair contractor, recommended by insurer, allegedly performed negligent and substandard repairs. Insurer then refused to pay amounts needed to cure original damage plus damage caused by repair contractor. (Settlement of bad faith claim for $225k) Bad faith claim arising out of insurer s refusal to pay insured s stated value or to accept insured s stated losses of personal property stolen from a U-Haul during plaintiff s relocation to California from Utah. (Claimed valuation $145 k. Settlement $300 k) Claim against government employee benefit plan (insurer) for refusal to pay hospital charges for repair of detached retina. Plan contended that prior authorization is not a guarantee of coverage and where, as here, the charges and treatment do not meet standards set by review board, they will not be paid. Plaintiff alleged bad faith and failure to pay for treatment to a life threatening condition. (Settled with payment of benefits plus attorney fees) Plaintiff entered onto the land of another to cut down a stand of trees. Plaintiff believed that the trees were on his property. The aggrieved homeowner sued plaintiff. Plaintiff s insurer refused to defend or indemnify. Plaintiff asserted that the denial amounted to bad faith. Respondent asserted that the act of entering onto the land was not accidental as

12 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 12 of 24 contemplated by the policy of insurance. (Arbitration) Declaratory relief and bad faith actions arising out of insurer s refusal to pay damages after arising from allegations that petitioner shot another while at a café. The insurer provided a defense under a reservation of rights. The policy was a homeowner s policy issued to the parents of petitioner. Denial was based on the resident relative exclusion and the intentional acts exclusion. There was a dispute as to whether petitioner was the shooter. Petitioner was with a group of persons who were denied access to the café and who returned in their vehicle and fired over 50 high caliber rounds at the café entrance, critically injuring a patron. At the underlying trial, petitioner stipulated to a finding that he was a negligent cause of the injury. (Settlement $475 k) Pre suit mediation of claim alleging bad faith delay and negotiation and claim evaluation tactics arising out of a first party claim secondary to a hit and run accident. Special damages exceeded $425 k including $70 k for past medical and $230 k for future medical. No offer was made. No independent medical examination was requested until three weeks prior to the arbitration. Insurer changed law firms three times, cancelled scheduled depositions of insured s experts, and brought motions to continue the arbitration and re-open discovery. The motions were granted, testing occurred, and an offer of $250 k was made 13 months after the claim was initiated. The arbitrator awarded $574 k but the insurer paid only $550 k asserting that the arbitrator erred by not deducting med pay payments of $25 k. (Settlement $450 k) Mediation of claim filed in Federal Court in Nevada alleging bad faith failure to cover damages, including mold intrusion, secondary to the discharge of water from a kitchen appliance. Insurer provided repair contractor to repair the covered claim. Insured hired this repair contractor. The contractor set up fans to blow hot air to affected area, and applied a fungicide to the area. An odor developed throughout the property and claimant became ill. It was determined that the blowers released mold spores throughout the residence and that claimant suffered mold related illnesses and allergic reaction. The insurer denied this claim as falling within the pollution exclusion. Claimant asserted that the mold was a covered resultant damage from the lead and improper repair. (Settlement $450 k) Claim for bad faith denial of life insurance benefits. On April 18 petitioner applied for life insurance. He was issued a conditional receipt and advised that coverage would not be placed until all conditions were met. On April 21 petitioner failed his medical exam for the policy. On May 11 respondent issued a denial of coverage letter. On May 7 petitioner died. Estate brought claim. (Settled) Use of neutral case evaluation to settle a suit involving failure to properly adjust an earthquake claim. Litigation was protracted and negotiation at a standstill with a demand starting at $620 k and an offer of $100 k. (Case settled at neutral recommended $300 k) Suit against government benefits plan administrator and school district by 31-year employee arising out of failure to cover costs associated with emergency medical treatment secondary to a heart attack. As a result of the failure to pay, a claim was presented to plaintiff for $40 k in medical costs. (Settled with payment of medical bills and attorney fees) Arbitration of issue of whether impact occurred involving an uninsured motor vehicle within the meaning of the uninsured motorist provision of an auto liability policy. Claimant fell on fluid in front of her vehicle while at a gas station. Claimant contended that since the fluid was left by a vehicle, coverage was triggered. Claim that carrier acted in bad faith by wasting benefits of a depleting policy for a developer of residential real estate by: Failure to notify the client that it was providing a defense to another insured under the depleting policy, failing to give insured opportunity to appoint a single counsel, failure to pursue a potential primary carrier, disparate treatment in fees paid to counsel, appointment of incompetent counsel leading to a $3.7 mm award in a construction defect case involving two homes valued at $350 k each. (Settled) Claim arising from insurers refusal to provide wrongful eviction coverage. Claimant a 16-year insured of respondent was sued for wrongfully evicting a tenant. One division of the respondent company denied the claim based on its standard form policy without advising claimant that he was clearly covered under a policy issued by a separate division, which contained much broader coverage. Claimant, age 76, spent $12 k in legal fees and $4 k in settlement of the eviction claim. (Settlement $900 k) Coverage dispute following sinking of vessel in calm seas. Insurer asserted that vessel not seaworthy at the time of the sinking due to rust out of drain plug. Jury ruled against insurer and mediation utilized to resolve bad faith claim and insurer s errors and omissions claim against counsel at the underlying trial.

13 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 13 of 24 Claim against UIM carrier for failure to defend claim arising from intersectional accident between pick up truck and automobile. Driver who violated right of way was convicted of DUI and was residing in a Salvation Army rehabilitation center. Mediation was of UIM claim, BI claim filed by adverse driver and anticipator bad faith claim for failure to defend. (Settlement $200 k on BI claim under the UIM policy and $100 k on the 1st party claim) Failure to properly remediate mold by homeowner s insurance carrier. Family contracted mold related allergy symptoms. Alternative housing provided for one year while parties disputed scope of covered repairs. (Settlement $1.5 mm). In excess of 25 cases involving failure to remediate or provide coverage for remediation of mold. Claim by schoolteacher against school board and benefit plan administrator for not covering $30,000 in emergency medical care for detached retina. Claim of bad faith by school board against plan administrator. Defense of lack of pre certification for the procedure asserted by the administrator. (Settled at mediation for payment of medical expenses, legal fees and collateral damages) Wrongful denial of first party property claim arising out of incident where the tow bar of plaintiff s trailer became detached while being towed by plaintiff s commercial dump truck. Insurer asserted that the damage to the tow bar was excluded under a business auto policy, which provided exclusion for wear and tear. (Settlement for actual property damage plus attorney fees) Claim against homeowner insurer for failure to investigate and respond to complaints of water intrusion. Initial determination was water coming through an AC condensate line with damage within the deductible. During repairs extensive mold contamination was discovered. Insurer denied based on pre-existing conditions and advised insured to seek recovery from the sellers of the home. (Settlement $675,000 and policy buyback) Assertion of bad faith adjusting of fire loss case. Insured is a diamond cutter. Loss included 500 lbs of gold shavings, uncut stones and business interruption. Issue of proof of loss and valuation. (Settled following mediated discovery process to quantify losses). Assertion of post claim underwriting in denial of wrongful death benefits. Insurance Broker Errors and Omissions Numerous claims alleging failure to advise of and place adequate levels of insurance. Claim involving shortfall of approximately $600 k after a fire destroyed a manufacturing plant. Suit filed against broker for failing to secure adequate coverage for content and business interruption. Defense alleged it relied on the information provided by claimant. (Arbitration) Publisher of magazine obtained a CGL policy through a brokerage firm. Coverage was to include trademark infringement and other publishing issues. A third party sued the publication and the insurer denied defense and indemnity asserting exclusion for personal and advertising injuries committed by an insured whose business is advertising. Insured defended and settled the claim and asserted losses relating to legal fees, lost profits due to the relinquishment of a territory as part of the settlement and general and punitive damages. (Settled at mediation) Labor, Employment and Wage/Hour In addition to hundreds of successful resolutions, Alex has published many articles on employment mediation, arbitration and neutral fact-finding. Articles may be viewed at adrmediate.com. He has lectured on employment dispute resolution and negotiation at CELA and at local and statewide bar association seminars. He will work with counsel to design and implement a process to ensure that the unique emotions involved in these cases are properly managed, and to facilitate good communication. Mr. Polsky has experience facilitating the negotiation of comprehensive severance packages for highly compensated executives and employee groups. Neutral fact finder and facilitator in labor related issues. Featured speaker at Orange County Bar Labor and Employment Annual Meeting as well as the annual meeting of the California Employment Lawyers Association. Allegations of sexual harassment and failure to provide safe working environment against

14 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 14 of 24 county club secondary to overt sexual comments and actions by clientele and failure to respond to complaints. (Settlement $150 k) FEHA, wage hour and sexual harassment claims arising from alleged pattern of Hollywood executive hiring year old personal assistants and thereafter implicitly offering exposure in exchange for a sexual relationship. Termination of 8-year manager of nationwide telecommunications company due to aggressive management style without adherence to progressive counseling policies. (Settlement of 1.5 years of salary) Termination of city manager in violation of contract, which provided for employment absent acts of moral turpitude against city, following conviction for solicitation of prostitute. (Settlement of relocation benefits plus 1.0 year salary plus attorney fees) Sexual harassment alleged against manager for repeated acts of sexual intercourse with subordinate employees. (Settlement $1.5mm) Labor complaint neutral fact finding in connection with large manufacturing corporation. Repeated touching by manager followed by demotion after advances were rebuffed. (Settlement agreement involving relocation, promotion, payment of attorney fees, special management sensitivity program) Sexual advances to 23-year-old temporary clerical worker by 51-year-old manager. (Settlement $75 k) Sexual discrimination alleged by female mutual fund manager against parent corporation when a male co-manager was appointed. Allegations included disparate treatment and hostile work environment. (Settlement $850 k) Mailroom employee exposed to irritating fumes. Claim against seller for inadequate markings and employer for failure to give notice of chemical shipment. (Settlement including early medical retirement) Suit by tanker truck driver against oil company for failure to create a light duty job following a work related injury. Corporation asserted that the law of reasonable accommodation does not require that the employer create a new position with its organization and that, after plaintiff could not return to work following a 16 month leave, termination was appropriate. (Settlement ($175 k) Action by sales representatives for breach of contract and wrongful termination after they were recruited from a competitor, trained, put into the workforce and fired within 12 months. Plaintiff asserted that they were recruited to remove them from a competitor and then terminated in violation of public policy after they refused to provide customers with false and inflated information regarding cost the customers were incurring and savings that could be obtained. (Settlement) Pre suit mediation of claim of age discrimination and wrongful termination of 41-year employee who rose to the position of President of company that was eventually bought out by defendant. Following buy out, plaintiff was placed in the position of Vice President of Sales and Marketing at a base salary of $100 k plus bonus, until he was escorted out 18 months after the buy out. A younger employee replaced plaintiff in an effort to reduce compensation expenses. (Settlement $100 k plus attorney fees) Suit for hostile work place and sexual harassment brought by 6 young female workers (this position being their first job) of fast food restaurant due to actions and comments by the manager. No overt contact or touching alleged. (Settlement included training of manager, apologies and compensation) Americans with Disability Act Claim, including wrongful discharge and improper refusal to provide reasonable accommodation. Plaintiff was a 49-year-old warehouseman who was injured outside of work. He was terminated after a 16-month medical leave and a determination that he could not return to the former job on a full time basis. (Settlement based on adjusting termination date to increase pension benefits, plus continued salary for a set term plus attorney fees) Resignation without notice by highly compensated female investment manager who was responsible for a $1bn bond portfolio following appointment of a male co-manager. Allegation of gender discrimination. (Settled for payment of one-year salary). Claim by Chief Operating Officer that he was misled by verbal offer of employment, which had induced him to sell two homes and relocate to California. Also alleged termination in retaliation for identification of an internal fraud and to avoid payment of stock options and substantial bonus. (Settled at mediation) Suit by 5 female employees of international fast food operator alleging hostile and sexual work environment. (Settlement included removal of manager from management and

15 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 15 of 24 payment of compensation to each employee) Employee claim for discrimination arising from use by employer of record of employee arrest that did not result in a conviction. (see Labor Code section 432.7). Employer asserted termination cause was pulling a knife on a co employee. (Settlement for 1 year of pay plus attorney fees) Reduction in grade of Controller of international auto racing corporation to the position of Manager of Finance. Allegation of constructive termination. (Settled at mediation) FEHA and whistle blowing claim secondary to termination of 63 year old Latino male who was the sole Latino employee of the respondent company. Plaintiff was the director of human resources. (Settled for payment of one year salary plus attorney fees) Suit by tenured community college educator alleging age discrimination in connection with changes in teaching responsibilities. (Settlement involved cash buy out of contract, extension of medical benefits and attorney fees). FEHA claim of age harassment, failure to investigate, retaliation and constructive discharge filed by 60-year-old employee of nationwide retailer. Acts complained of commenced within 30 days of hiring. (Settled at mediation). Breach of contract and constructive termination as a result of unilateral change in compensation plan affecting nationwide sales representatives of national telephony company. Class certification denied. (Case settled at mediation as a Business and Professions Code section claim) Claim of racial discrimination by employee of national fast food operator for its refusal to grant accommodation to permit time off to attend non-scheduled prayer meetings. (Settled with payment of money and termination of employment) Constructive termination, emotional distress, sexual and racial harassment alleged against physician by office manager and nursing staff following their reporting of insurance fraud by the physician. (Settled at mediation) Claims of sexual harassment in violation of Title VII, 42 U.S.C. section 2000 involving female worker entering workplace for the first time as a result of the incapacity of her husband. She was hired by manager who then encouraged worker to engage in various sexual acts in exchange for promises of promotion and threat of termination. (Settled) Employment discrimination resulting from termination after employee confided in manager that she and her husband intended to start a family. Wage claim also tendered and resolved. (Settled) Wrongful termination and fraud asserted by co owner of private banker who asserted she was induced to merge her practice and then constructively terminated in an effort to obtain trade secrets and client lists. (Settled for workout of business and formulae to share commissions) Loan Broker merged company into defendant company upon promise of six-year employment contract, ownership points, bonus formulae and salary. Terminated for performance issues upon integration of merged business. Asserted fraud and losses exceeding $10 mm. (Settled 337 k) Legal Malpractice Numerous mediations that began as attorney fee disputes and were responded to by legal malpractice claims. Action by developer to recover $2.6 mm settlement payment and $400,000 in defense costs arising from representation in partnership dispute in a limited liability company set up to develop residential real estate. Developer alleges that law firm failed to draft operating agreement in a manner that would have avoided the dispute, failed to give developer a priority distribution and failed to characterize related transactions as that term was used in the partnership operating agreement. (Settlement $1.575 mm) Coverage dispute following sinking of vessel in calm seas. Insurer asserted that vessel not seaworthy at the time of the sinking due to rust out of drain plug. Jury ruled against insurer and mediation utilized to resolve bad faith claim and insurer s errors and omissions claim against counsel at the underlying trial. Allegation of legal malpractice in connection with representation in wrongful termination action. Allegation is failure to move for summary adjudication. And allowing the case to go to trial where there was a clear legal defense. At trial plaintiff recovered $490 k. Appeal bonds were posted and the matter was settled. This action seeks to recover the settlement plus attorney fees. (Settlement $325 k)

16 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 16 of 24 Action by original writer and producer of old line television series for attorney malpractice, which culminated in the loss of distribution rights to all of his series and productions. (Settlement was obtained) Attorney retained to represent client following a motor vehicle accident failed to file a complaint within the period required by the statute of limitations. (Case settled though use of a neutral evaluation process) Individual sold his company in October 2000 in exchange for a minority interest in the acquiring company plus cash and employment. The bet was that the acquiring company could make better use of the purchased technology, prosper, and increase in value. Shortly thereafter tech crashed and so did the deal. The stock of the acquiring company fell 98% in value, the individual was terminated, and he then sued everyone, including his law firm. Suit against counsel alleged that they failed to follow applicable standards for a transactional firm, failed to complete due diligence, failed to insure that employment could not be terminated and failed to keep the client informed of all relevant terms before the contract was signed. Losses were estimated at $ 5mm. (Settlement $250 k) Maritime Alex is a published author of article on the subject of applicability of the Jones Act. Article may be viewed at adr-mediate.com. He has mediated many claims filed under the Act for injuries aboard vessels, as well as claims for loss of cargo. Claims for lost profits due to shipping delays and seagoing losses. Maritime insurance bad faith claimed following denial of post yacht sinking while in port. Denial predicated on issue of sea worthiness as a condition precedent for stating a claim. (Settled $425 k) Captain of fishing vessel performing maintenance procedures in engine room when pant leg became caught in a rotating drive shaft coupler. Leg drawn in and snapped resulting in compound fracture and third degree burns. Issue whether owner of ship liable under Section 3 of FELA due to exposed drive shaft. (Settlement $450 k) Jones Act claim in connection with injuries aboard ship resulting in an above the knee amputation. (Settlement $200 k) This was followed by claim against National Maritime Pension & Welfare Plan physician by ship owner for negligently certifying plaintiff as fit for sea duty prior to the incident. (Settlement) Fall overboard from fishing boat resulting in death of husband. Fall not observed and body not located. Decedent had been warned not to sit on the railings. (Settlement $275 k). Service failures at terminal disrupted weekly cargo shipment of perishable goods leading to eventual repudiation of contract by shipper. Action to recover excess costs, and lost profit against affirmative claim for lost rentals. (Settlement lost rental of $1.8 mm adjusted by setoffs of $1.575mm and adjustment of other invoices for net settlement of $100 k paid to terminal by shipper) Decedent fell off powerboat in Colorado River and suffered severed head when it was caught in propellers. Decedent owned the powerboat and a friend was operating it while decedent tried to clear a buoy. Engine surge caused by a combination of unskilled operator and kink in transmission caused decedent to fall overboard. First attorney for family settled with operator unaware that this cut off all damages for the percentage of negligence attributed to the operator. Mediation with manufacturer and assembler of the powerboat, and the company that performed the first service. (Settlement $250 k) Settlement followed by action against first attorney. Coverage dispute following sinking of vessel in calm seas. Insurer asserted that vessel not seaworthy at the time of the sinking due to rust out of drain plug. Jury ruled against insurer and mediation utilized to resolve bad faith claim and insurer s errors and omissions claim against counsel at the underlying trial. Claim by estate of decedent. Decedent was working on a container ship at the Long Beach Shipyard when he was run over by a crane. His legs were severed and he died. At issue was the status of decedent under the Jones Act. Specifically whether he could be classified as a seaman possessing an employment related connection to a vessel in navigation thereby giving rise to tort damages, or an employee of the vessel owner thereby giving rise to worker s compensation benefits. (Settlement in tort) Maritime insurance bad faith claimed following denial of post yacht sinking while in port.

17 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 17 of 24 Denial predicated on issue of sea worthiness as a condition precedent for stating a claim. (Settled $425 k) Medical and Dental Malpractice Alex has handled hundreds of medical, dental, psychiatric, chiropractic and veterinary malpractice claims either as an arbitrator (party or neutral). His articles on the subject have been published in Bar journals and legal newspapers. He is a Kaiser approved neutral Person in long-term care facility fell from bed post-surgery resulting in hip replacement. Allegations of failure to provide adequate nursing care and lack of bed rails. Patient had a history of falling from bed, which resulted in the first surgery. (Settlement $150 k) Ultrasound interpretation under-weighted unborn child. Vaginal delivery attempted but baby was macrosomiac and delivery was arrested. Shoulder dystocia complication occurred with damage to C 5 nerve root and avulsion to C 6, 7, 8 nerves. Issue of timing of handoff by resident to MD. Failure to provide adequate care resulting in walk away of elderly mental patient and subsequent accident causing severe orthopedic injury. (Settlement $250 k) Alzheimer patient wandered away from convalescent hospital. Police found her and took her to a medical center where she came under the care of an assigned physician. Following tests she was taken to a care center for the elderly. She developed ulcerations to her buttocks, pneumonia, sepsis, decubitus ulcers and dehydration. She was transferred back to the hospital where she died. Elder abuse, medical malpractice and punitive damage claims asserted against hospital and facility by the estate. (Settled) Multiple cases involving failure to diagnose breast cancer resulting in death. (Settlement ranged from dismissal to in excess of $1 mm) Failure to remove needle resulting in second surgery and alleged brain injury from exposure to anesthesia. (Settlement) Removal of incorrect organ. (Arbitration) Perforated septum secondary to application of liquid cocaine treatment for post-surgical congestion. Sexual acts performed while patient under anesthesia. (Settlement $250 k) Improper removal of four adult teeth in preparation for orthodontia. Emergency room failure to diagnose C-3 fracture following auto accident. Plaintiff placed on gurney without spinal immobilization. Plaintiff rendered quadriplegic. Numerous neutral and party arbitrator services. Failure to provide adequate care resulting in walk away of mental patient and subsequent accident causing severe orthopedic injury. Failure to secure roof access in hospital and failure to supervise mentally disturbed patient resulting in suicide of the patient. Fraud and Medical Malpractice in connection with botched breast implant surgery. Defendant doctor a Board certified urologist did not disclose lack of experience in breast augmentation surgery. Surgical errors corrected in subsequent surgical procedures performed by another MD. (Settlement $87,500) Multiple steroid injections to Achilles tendon with subsequent complete rupture of the tendon. Claim against hospital, physician and County alleging negligent delivery and neonatal care resulting in an acute hypoxic injury and severe brain damage. (Settled $2.1 mm) Claim against hospital, physician and County alleging negligent delivery and neonatal care, including failure to account for group B strep infection in mother, resulting in a birth asphyxia and brain damage. (Settled $1.1 mm) Claim arising from care of plaintiff at local hospital for failure to timely treat for a diagnosed myocardial infarction. Due to insurance issues, the regional hospital transferred plaintiff to a County hospital following initial treatment for ventricular fibrillation. At the regional hospital plaintiff was treated, given a stress test, and discharged. Within 24 hours she suffered a massive infarct, encephalopathy and brain damage. (Settlement $1.6 mm) Claim filed by 24-year-old plaintiff against County hospital and county for care following admission for abdominal complaints. Plaintiff, an acute alcoholic developed pancreatitis. He was admitted and began withdrawal symptoms. During withdrawal he suffered a complete cardio pulmonary arrest. Primary caregivers prior to the arrest were all interns. Resuscitation was delayed as plaintiff had been placed in a supine position, under restraints and

18 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 18 of 24 unattended. He sustained anoxic encephalopathy and brain damage. (Settlement $1.65 mm) Claim against OB/Gyn for failure to timely administer VZIG immunization following exposure of mother to chickenpox. Claim included allegation of wrongful birth. (Arbitration) Plaintiff had sustained many injuries to his back while working as a driver-warehouseman. He had had surgery twice and had been retrained as a technician. He was re-injured using an exercise device while receiving physical therapy. A nut came off the equipment while it was under tension. The action was a workers compensation, product liability and medical malpractice claim. (Settlement $175 k) Medical malpractice claim against national drug store chain and subcontractor arising out of injuries sustained when a flu shot was administered. It was contended that the flu shot was administered into the rotator cuff, causing a tear. The tear was surgically repaired. Plaintiff was physically active with no history of similar symptoms. (Settled) Negligence claims against plasma donation center with allegations that improper plasma collection resulted in venuous thrombosis and right arm edema. Medical expenses and hospitalization exceed $55,000. (Settled at mediation) Wrongful death claim resulting from alleged failure by medical provider to discontinue Heparin prior to and after a liver aspiration, leading to shock to the liver and multiple organ damage and death. (Settled $235,000) Failure to diagnose a lung mass in a 66-year-old patient being treated for lupus. Delay of five months. At time of eventual diagnosis patient was terminal from the lung mass, which was adenocarcinoma. Issue was speed of the cancer as this related to causation. (Settlement $250k) Wheelchair confined 42 year old was operating her electric wheel chair on a public street when the chair malfunctioned, turned left and over a curb causing the user to fall and sustain serious injury. Injuries included knee fracture and closed head trauma with seizure disorder. (Settled at mediation) Allegations of improper dental remediation plan resulting in loss of multiple teeth due to caries. ER Physician reviewed incorrect patient s EKG and diagnosed muscle strain. Patient discharged with anti-inflammatory medication. Upon return to ER the following day the chief of cardiology admitted plaintiff and initiated thrombolysis, catheterization and angioplasty. Necrosis of the left ventricle with resulting ventricular dysfunction resulted. Issue was whether the delayed diagnosis resulted in the damage and shortened the life expectancy of the 58-year-old plaintiff. (Settled at mediation) Botched breast augmentation surgery resulting in left breast deformity. Saline implants not properly inserted below the pectoralis muscle and protruded out of the pocket on the medial side. Assisting physician did not disclose that he is an osteopath and not licensed in California and not insured. Primary physician did not disclose his primary practice as urology. Repeat surgery by a different surgeon corrected most of the conditions. (Settlement $187,500) Improper and excessive use of steroid injections into strained left Achilles Tendon resulting in complete tendon rupture. (Settled at mediation) Two similar cases involving severe hypoxic ischemic brain injury resulting in mixed choreoathetoid and spastic cerebral palsy secondary to birthing complications. In case # 1 Mother was in a facility attended by a second year resident who failed to notify a senior resident of complications during labor. Hospital did not have c section capability. Combination resulted in delay of delivery. (Settlement $1.5mm). In case # 2 the 16 year old mother did not timely report when labor pains commenced. She reported 10 days late with contractions every 10 minutes. The hospital did not have an attending obgyn and the ER physician was too busy. Fetal monitor strips were abnormal but no physician was provided until the head was crowning. The baby was delivered by nursing staff and was flaccid at delivery. The ER physician arrived after birth competed. (Settlement 1.8 mm) Brain damage due to hypoxic encephalopathy following cardiac arrest resulting in persistent vegetative state in 49-year-old woman. (Settlement $1.8 mm) Binge drinking plaintiff admitted to hospital in an anxious and agitated state. A first year intern and a medical student attended to him and ordered administration of ativan. Impact of ETOH withdrawal was not considered. Ativan dosing increased and four point restraints were used. Interns failed to diagnose delerium tremons or myocardial infarction. Plaintiff aspirated and went into full cardiac and respiratory arrest while restrained and un-supervised. Plaintiff sustained severe anoxic encephalopathy. (Settlement $3.5 mm)

19 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 19 of 24 Personal Injury, Product Liability and Mass Tort Alex has participated in the resolution of over 1,000 personal injury, product liability and wrongful death claims. He has handled one-off segments of mass tort claims involving asbestos, breast implants, ephedra and individual medical device claims. He has handled MDL in Federal Court involving complications following use of various pharmaceuticals. Alex serves as a mediator and as an arbitrator in the personal injury/tort spectrum of claims and special master. Aircraft and airport design: Failure to properly maintain runway resulting in crash of small plane. Design failure of ultra-light resulting in crash and quadriplegia. (Settlement involving aircraft designer, airport and municipality) MDL in re: Ephedra containing product Ripped Fuel. Settled multiple individual claims ranging from $200,000 to $7.5 mm. Priest penitent sexual contact case involving female penitent during age (Settlement $400 k) Flyaway wheel off tractor-trailer impacted passenger vehicle at driver s front roofline resulting in unconsciousness, physical injuries and brain injury to 35-year-old male. (Settlement $13 mm) Tractor/trailer vs. emotionally impaired pedestrian resulting in severed urethra, crushed pelvis and fractured lumbar spine. (Settlement $3.5 mm placed into special needs trust) Tractor/trailer vs. motorcycle resulting in paraplegia of 31-year-old father of three. (Settled) Electrocution of 23-year-old construction worker at asbestos abatement project. (Settled) Liability to tow truck operator for wrongful death of 28-year-old father of one following foot pursuit to recover towed vehicle. (Arbitrated) Automobile vs. motorcycle resulting in paraplegia. Plaintiff, intoxicated and not licensed to drive a motorcycle, drove into path of truck that was engaged in an unlawful turning movement. (Settlement lifetime payment of current earnings with 3% cola, payoff of past medicals and attorney fees) Crush death to an 18-month-old child who was left in the care of her grandfather and permitted to wander into a rural roadway while a trash truck was in the process of backing down the roadway. Allegation of impaired vision of truck driver. (Settlement $1.2 mm) Police chase culminating in crash through front window of home. Father of three asleep on couch lapsed into persistent vegetative state. Mediation included compromise of $1mm Blue Cross Lien, arrangement for lifetime care, negotiation of cost of care and purchase of an annuity with reversion back to buyer depending on length of payout, settlement of future wrongful death claims. (Settlement $7.5 mm) Pedestrian run over and dragged by trash truck. Neither truck operator nor pedestrian saw one another though it was a clear day and vision was not obstructed. Injuries were severe and permanent to this 35-year-old female mother of two. (Settlement $2.7 mm placed into structure) Assault by security guard on residents of community where he was performing services. Assault witnessed by family of plaintiff following plaintiff s refusal to put out fireworks. (Settlement $250 k) Sexual relations with mentally retarded female while being transported by taxi driver on behalf of local hospital. (Settlement $100 k) Closed head trauma following broadside accident at intersection. Dispute over nature of brain injury. (Settlement $150 k) Error in communication to police officer at intersection permitted release of motor vehicle into path of bicyclist competing in marathon. Bicyclist, an iron man tri-athlete who had lost his leg in an accident five years earlier was rendered a C-3 quadriplegic. Major issue regarding scope of release documents. (Settlement $3.4 mm) Rear-end auto accident at off ramp of freeway resulting in burn death of single mother of two. Mother worked two jobs to support children and was en route home from night job when accident occurred. (Settlement $2.0 mm) Minor shot while standing in living room of home. Shots were fired by a man shooting at fleeing robbers. Injuries to 8-year-old boy included ruptured intestine, colostomy, abdominal scars, non-coordination of urination and defecation functions. (Settlement $700 k placed into annuity) Trip and fall by 61-year-old security guard at motor home park. Mobile home vacant and plaintiff entered to inspect. Rear steps had been removed. Plaintiff fell three feet and

20 Alexander S. Polsky, Esq. (Comprehensive Practice Overview) Page 20 of 24 sustained a hip fracture, crushed testicle, and back injuries. Plaintiff s preexisting conditions superimposed upon current injuries rendered him unemployable. (Settlement $750 k) Collapse of lounge chair causing severing of tip of plaintiff s small finger. Dispute regarding maintenance by hotel vs. manufacturing defect. (Settlement $100 k) Crash of tour bus resulting from driver suffering an acute heart attack. No history of prior heart condition and driver had recently passed a Department of Transportation medical exam. Injured passengers were part of a traveling charity dance troupe and mentally retarded young adults benefited by the charity. Defense of lack of negligence argued. (Pre suit mediation resulted in 24 individual settlements) Intersectional accident between pick up truck and automobile. Driver who violated right of way was convicted of DUI and was residing in a Salvation Army rehabilitation center. Mediation was of UIM claim. (Settlement $200 k) Claim by estate of decedent. Decedent was working on a container ship at the Long Beach Shipyard when he was run over by a crane. His legs were severed and he died. At issue was the status of decedent under the Jones Act. Specifically whether he could be classified as a seaman possessing an employment related connection to a vessel in navigation thereby giving rise to tort damages, or an employee of the vessel owner thereby giving rise to worker s compensation benefits. Rear-end trucking vs. auto resulting in plaintiff sustaining severe burns to the face, arms, airway and head. Truck rear-ended Bronco, which rear-ended plaintiff. Occupant of Bronco died. This action was against the trucking company by the burned driver of the auto. (Settlement $3.4 mm) The next action was on behalf of decedent. (Settlement $2.5 mm) Truck vs. auto accident resulting in blunt head and chest trauma to 79-year-old retired father of eight. Plaintiff sustained brain damage and went from independent to dependent on family. (Settlement $950 k) Collision between motorist and bus occurring in Minnesota. Plaintiff was proceeding around a curve at 45 mph. Bus was traveling at 5 mph in preparation for a left turn. Plaintiff was 61 years of age and was treated and released. One year later he had spinal fusion. Issue was comparative negligence and causation due to plaintiff s longstanding medical history of degenerative joint disease. (Settlement $450 k) Personal injuries sustained by mail handler upon opening a sealed package that contained sodium hydroxide. Product not shipped using hazmat shipping guidelines. Claims against shipper and employer alleging loss of lung capacity. (Settlement for $200 k against shipper and preservation of worker s compensation claim with waiver of credit assertion rights) Plaintiff rendered a quadriplegic while operating a vibratory asphalt roller at a construction site. Plaintiff operated the vehicle close to a tree with an overhanging branch. The branch caught on the vehicle and snapped back, breaking plaintiff s neck. Claim alleges design defect in not having the operator caged, premises liability and negligence against property owner and job site superintendent for directing plaintiff near the tree without providing lookout. Plaintiff conceded massive comparative negligence and risk of defense award. However, due to size of special damages claim would be prosecuted seeking Proposition 51 allocation. (Each of five defendants settled for amount that totaled $2.8 mm) Premises Liability Alex has been a speaker throughout the country for bar associations, law firms, corporations and lawyer associations in connection with premises liability issues. He is widely published in this area. See adr-mediate.com. He has handled hundreds significant injury and wrongful death premises cases ranging from slip and falls to common carrier exposures. Fraternity and landlord/tenant liability for brain damage suffered by college student after fall from suspended bed. (Settlement $650 k) Failure to adequately secure pool resulting in death of child. (Settlement $1.2 mm) Numerous shopping center floor surface cases. Numerous lighting cases. Numerous cases involving sexual or physical assaults by security guard. 80-year-old patron of national chain restaurant tripped on leading edge of handicap ramp and fractured her hip. The ramp had defective striping and an edge elevated by ½ inch, which was difficult to observe due to the placement of a stripe over it. Medical expenses $65 k. (Settlement $250 k)

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