Richard F. Ziegler is an experienced arbitrator in international and domestic matters and an accredited mediator, including for international matters. As a former general counsel of a major multi-national company and a former outside litigation counsel with extensive experience over four decades in financial, technology-intensive and regulatory matters, Mr. Ziegler is well equipped to manage and fairly arbitrate or mediate complex disputes.

Mr. Ziegler has served as Chair of the New York State Bar Association’s Committee on Professional Ethics and early in his career served as an Assistant United States Attorney in Manhattan.

Recent ADR Engagements:
Mr. Ziegler has served as arbitrator in numerous proceedings in recent years administered by the ICC, ICDR, HKIAC, and AAA, as chair, sole arbitrator, and as a member of three-arbitrator panels.

He is a Fellow of the Chartered Institute of Arbitrators and a member of the panels of arbitrators maintained by the International Centre for Dispute Resolution ("ICDR"), the American Arbitration Association (Large Complex Case Panel and Aerospace, Aviation and National Security Panel) and the International Institute for Conflict Prevention and Resolution ("CPR") (General Counsel Panel; Technology (patent) Panel; Financial Services Panel; International Panel).

In the past two years Mr. Ziegler’s arbitrator assignments include serving as:

  • President of two ICC arbitration tribunals, one involving a multi hundred-million dollar claim for breach of a pharmaceutical development and marketing agreement, and the other a claim for breach of a supply contract for the production of a consumer product
  • Party-appointed arbitrator in an ICDR-administered dispute involving a $400+ million claim for breach of an investment-related agreement
  • Party-appointed arbitrator in an ICC-administered dispute involving a distributorship agreement for a health care product in the Middle East
  • Chair of two ICDR-administered arbitrations, one arising from the supply of equipment used in the construction of an oil field facility in the Middle East, and the other involving a supply contract for manufacturing equipment for use in a beverage production facility
  • Chair of an AAA-administered dispute involving claims for compulsory sale of privately-held stock following termination of shareholder-officer, and associated counterclaims
  • Sole arbitrator in three AAA-administered disputes, involving a post-acquisition adjustment dispute and disputes under a joint venture agreement
  • Co-arbitrator in two AAA-administered disputes involving claims against an investment manager and a co-venturer, respectively

Mr. Ziegler also acts as mediator in complex business disputes, and is certified as a mediator in international matters by London’s Centre for Effective Dispute Resolution.  His recent experience as mediator includes mediating a fee dispute between lawyer and client; a “business divorce” between co-owners of an investment firm; a claim for misappropriation of trade secrets in the context of a terminating joint venture; and a dispute between a law firm and a former partner.

Preparation for ADR Work:
Before he began accepting assignments as an ADR neutral a few years ago, Mr. Ziegler enjoyed a multi-faceted career that prepared him to perform ADR roles effectively:

  • In-House/Senior Executive: Mr. Ziegler was the Senior Vice President and General Counsel of the 3M Company (the diversified blue-chip global manufacturing and technology company, where he led a department of more than 150 lawyers in 24 countries) for nearly five years and served on the Company’s Operations Committee of senior management
    • He had direct responsibility for material litigations (including class actions) involving patent, environmental, antitrust, product liability, insurance coverage, employment and advertising issues
    • He counseled the Board and senior management on compliance, governance and other matters
    • He had responsibility for all material transactions, including acquisitions and divestitures and licensing agreements, and securities filings
    • He chaired the Company’s Business Conduct Committee
  • Private Practice: Mr. Ziegler was a civil litigator in New York for decades
    • His practice focused on complex civil litigation, including securities, financial and M&A matters, commercial disputes involving technology issues, patents, business torts, and compliance and corporate governance issues .
    • He was lead counsel in numerous domestic and international arbitrations seated in Seoul, London, Geneva, Oslo and elsewhere, governed by foreign and domestic law, including that of New York, Korea, Norway, Thailand and elsewhere. He has also served as an expert witness on New York law.
      • Mr. Ziegler was a partner at Cleary, Gottlieb for nearly 20 years before he joined 3M in St. Paul, and thereafter was a partner at Jenner & Block, including as Managing Partner of its New York office.
        • He was the coordinator of Cleary’s litigation practice in New York and a member of its global Executive Committee
        • He was the Co-Chair of Jenner’s international arbitration practice and a member of its global Policy Committee
  • Public Service: Early in his career Mr. Ziegler served in all three branches of the federal government, as a legislative assistant to a US Congressman; as a law clerk to federal judge Milton Pollack in the Southern District of New York (“SDNY”); and as an Assistant United States Attorney for the SDNY, where he also served as Deputy Appellate Attorney

Mr. Ziegler’s career has given him a deep understanding of business imperatives and strategies, cross-border business disputes and the need for efficient, fair and timely dispute resolution.

Subject Matter Experience

Mr. Ziegler’s experience as both General Counsel at 3M and as outside litigation counsel at Cleary, Gottlieb and Jenner & Block has given him meaningful subject matter experience in a wide variety of legal issues and claims, in the context of several different industries.  A large number of his engagements as counsel involved financial and securities issues, mergers & acquisitions, as well as technology issues, including patent disputes and commercial claims concerning technologically-complex products, components and systems.  His assignments as arbitrator and mediator in recent years — which are described in the Overview section — have drawn on much of this experience.

Here’s a summary:

Industries:

Mr. Ziegler’s practice as outside counsel involved a lot of work for financial services clients – broker-dealers, investment banks, asset managers and the like -- and clients in the aerospace, defense, automotive and telecommunications industries, including manufacturers of propulsion systems, aircraft components, aircraft and automobiles.

Mr. Ziegler’s senior role at 3M necessarily immersed him in the many industries in which 3M participated with its diversified portfolio of technologies and products.  These included health care, including drug delivery systems; bandages; orthodontic products; health information systems; and pharmaceuticals (under Mr. Ziegler’s supervision 3M divested its global pharmaceutical business); industrial products, including chemicals and abrasives; personal safety and security equipment, including respiratory protection; air and water filtration; transportation, including highway markings and signs and automotive fasteners and other components; graphics and optical systems; electronic components; and the consumer products for which the company is best known, such as Scotch® tape and Post-It Notes®.

Commercial Disputes:

Mr. Ziegler has long since lost track of the number of disputes he has handled as lead counsel involving supply contracts, long-term agreements, distribution contracts, consortium agreements, joint ventures, stockholder agreements, partnership agreements, merger and acquisition/divestiture agreements, employment contracts and insurance policies.  He acted as lead counsel for both plaintiffs and defendants in matters involving such legal theories as breach of contract, breach of warranty, breach of fiduciary duties, tortious inducement of breach of contract and interference with prospective contractual relations, misappropriation of trade secrets, civil RICO, fraud, antitrust claims (including attempted monopolization and agreements in restraint of trade), negligent misrepresentation and alleged violations of unfair and deceptive trade practices statutes. He has significant experience in class actions, including having tried a class action involving executive compensation claims.

Financial/Securities Disputes:

Mr. Ziegler has significant experience with sophisticated financial instruments including credit default swaps, residential mortgage and other asset-backed securities, interest rate swaps and other derivatives.  He acted as lead counsel in matters involving broker-dealer regulation, investment management matters governed by ERISA, insider trading, and federal securities laws including tender offer, proxy contest, merger & acquisition, public securities offering and bond indenture disputes.  At 3M Mr. Ziegler served as a director of 3M’s investment management company, which supervised the investment portfolio of its multi-billion dollar pension fund.

Technology/Intellectual Property/Environmental Disputes:

Mr. Ziegler handled numerous commercial disputes involving complex technology issues arising in such areas as chemistry, electronics, aerodynamics, materials science and computer software, involving products such as printed circuit boards, aircraft engine thrust reversers, bullets, fire-fighting equipment, flight simulators, gas turbine propulsion systems and auxiliary power units, helicopter ball bearings and video games.  As outside counsel Mr. Ziegler first-chaired patent trials and as General Counsel at 3M he supervised a substantial number of patent and other IP disputes. His work at 3M also included responsibility for significant environmental litigation arising from a chemical compound of which 3M was the exclusive producer, and multiple product liability claims.  In his private practice Mr. Ziegler was lead counsel in environmental matters and other land-use disputes.

Insurance Coverage Disputes:

Mr. Ziegler has represented clients in multiple insurance matters, including relating to D&O, fidelity/dishonesty, ERISA/fiduciary, property & casualty and comprehensive liability policies in contexts including environmental, product liability, theft, and corporate shareholder derivative claims. As General Counsel at 3M he addressed issues arising from complex prior-period coverage towers for asbestos and environmental contamination claims.

As outside litigation counsel, Mr. Ziegler first-chaired numerous bench and jury trials and was lead counsel in multiple domestic and international arbitrations.  The scope of Mr. Ziegler’s experience as outside litigation counsel is illustrated by the significant decisions he won in federal and state appellate courts, including in the US Courts of Appeals for the 2d Circuit (Ceres v. Gel Partners, changing the limitations period in SEC Rule 10b5 actions), 8th Circuit (Tonka v. Luthi, determining the criteria for vicarious liability in civil RICO actions); Federal Circuit, en banc (Honeywell v. Hamilton Sundstrand, narrowing the scope of patent infringement under the doctrine of equivalents), the Delaware Supreme Court, en banc (Arnold v. Society for Savings, clarifying the scope of director protection from monetary damages for disclosure violations) and the New York Court of Appeals (NBT Bancorp v. Fleet/Norstar, clarifying the law of tortious interference in the merger context). 

His arbitration work as outside counsel included commercial disputes involving supply and distributorship agreements and complex technological issues. The parties included governments, major multi-national companies, and smaller enterprises in Brazil, Israel, Jordan, Korea, Thailand, Norway, the United States and elsewhere.

Work History:

  • Independent Arbitrator and Mediator, co-founder of AcumenADR LLC, 2019 –
  • Partner, Jenner & Block LLP, 2007-19
    • Co-Chair, International Arbitration Practice, 2008-19
    • Co-Chair, Complex Commercial Litigation Practice, 2007-08
    • Managing Partner, NY Office, 2008-15
    • Member, global Policy Committee (elected position)
  • Senior Vice President, Legal Affairs, & General Counsel, 3M Company, 2003-07
    • Member, senior management Operations Committee
    • Director, 3M Investment Company (responsibility for pension plan assets)
    • Chair, Business Conduct Committee
    • Member, Pre-Acquisition Review Committee
  • Partner, Cleary, Gottlieb, Steen & Hamilton, 1984-2002
    • Coordinator, New York Litigation Practice, 2000-02
    • Associate, 1980-83
    • Member, global Executive Committee (elected position)
  • Assistant United States Attorney, U.S. Attorney’s Office, Southern District of New York, 1977-80
    • Deputy Chief Appellate Attorney, 1980
  • Associate, Paul, Weiss, Rifkind, Wharton & Garrison, 1976-77
  • Law Clerk, U.S. District Judge Milton Pollack, S.D.N.Y., 1975-76
  • Legislative Assistant, U.S. Congressman Alphonzo E. Bell, Jr., 27th C.D. Cal., 1972-73

ADR Training:

  • AAA/ICDR/AAA Mediation Panel Conference, Nashville, 2019
  • AAA Arbitrator Continuing Education, “Arbitrator Performance and Demeanor -- Meeting Participant Expectations,” 2018
  • AAA-ICDR Council and Columbia Law School Conference: The Future of Arbitration, 2017
  • Centre for Effective Dispute Resolution, International Mediation Skills Training, 2017
  • ICDR International Symposia in Advanced Case Management Issues, 2013 and 2016
  • Basic Mediator Training, CPR, 2016
  • AAA Arbitration Fundamentals and Best Practices for New AAA Arbitrators, 2014

Teaching Engagements

Mr. Ziegler chairs the Education Committee of the New York Branch of the Chartered Institute of Arbitrators, and is Co-Director of the New York Branch’s “Accelerated Route to Fellowship” program, which was held in New York in May, 2019.

A former chair of the Committee on Professional Ethics of the New York State Bar Association, Mr. Ziegler taught a seminar on ethics and complex litigation at Columbia Law School for three semesters (1997-2000) and was a member of the faculty of the winter trial advocacy program at Cardozo Law School for many years. 

Speaking Engagements

Drawing on his experience as in-house and outside counsel, Mr. Ziegler has been a frequent author and speaker on both arbitration and mediation, as well as on compliance and governance matters. Here are some of his speaking engagements:

  • Moderator, “Arbitrating AANS Disputes,” AAA–ICDR’s Conference on Arbitrating Aerospace, Aviation and National Security Disputes, Washington, D.C., April, 2018
  • Panelist, “The View from the Top of the Ladder: Ethics and the Role of the CLO,” Association of Corporate Counsel/Fordham Law School, 2018 Ethics Marathon, April, 2018
  • Moderator, “Ethics & ADR – Telling Tales Out of School: What Can You Say and What Really Happens,” CPR 2018 Annual Meeting, Atlanta, March, 2018
  • Panelist, “Ethics Issues in Mediation,” Practical Law/CPR/Jenner live and webinar program, February, 2018
  • Panelist, “How Corporate Counsel Can Maximize Results in Arbitrating Commercial (B2B) Disputes,” American Bar Association Business Law Section Annual Meeting, Chicago, September, 2017
  • Panelist, “Recent Developments Concerning Arbitrator Conflicts – Disclosure and Challenges,” CPR Annual Meeting, Coral Gables, March, 2017
  • Panelist, “Ethics Issues in International Arbitration,” Practical Law/CPR live and webinar program, October, 2016
  • Moderator, “Ethics in Mediation/Arbitration,” 2016 CPR Annual Meeting, New Orleans, February, 2016
  • Panelist, "Business Mediation Challenges and Multiparty Techniques,” ABA/CPR webinar, October, 2015
  • Panelist, "Winning Settlement Strategies in Litigation" (Mediation), New York City Bar Association, July, 2015
  • Moderator, “’You Say Tomato / I Say Tomahto’: Jurisdictional Differences in Key Issues in ADR-III: Industry Perspectives,” 2014 CPR Annual Meeting, Charleston, February, 2014
  • Panelist, "International Dispute Resolution," Northwestern School of Law's 51st Annual Corporate Counsel Institute, Chicago, October, 2012
  • Moderator, “The Value of Enterprise Risk Management Programs,” Corporate Counsel Institute 2012, Practising Law Institute, New York, October, 2012
  • Moderator, "It’s A Shrinking World: Acceleration & Evolution In ADR," 2012 CPR Annual Meeting, New York, January, 2012
  • Panelist, “Class Action Strategies 2011” and “Ethics,” Practising Law Institute, New York, July, 2011
  • Panelist, “Ethics of Witness Preparation,” Federal Bar Council 2011 Winter Bench and Bar Conference, Los Cabos, Mexico, February, 2011
  • Panelist, The American Lawyer, The National Law Journal and Corporate Counsel Magazine 2nd Annual Litigation Summit, October, 2010
  • Moderator, “Enterprise Risk Management: What, Why and How,” Practising Law Institute Corporate Counsel Institute 2010, New York, September, 2010
  • Chair, Corporate Compliance and Ethics Institute 2010, and panelist, “The Role of the Board," Practising Law Institute, New York, June, 2010
  • Panelist, "The Aftermath: The Proper Role of Civil and Criminal Enforcement in the Wake of the Financial Crisis," Northwestern Law AGEP Inaugural Public Policy Conference, Northwestern University School of Law, Chicago, April, 2009

In the News

"Former General Counsels of MasterCard & 3M Create AcumenADR LLC to Serve as Arbitrators and Mediators and Offer Dispute Resolution Services" - PR Newswire

"Former in-house counsel launch New York arbitrator boutique" - Global Arbitration Review (subscription)

"Former MasterCard, 3M General Counsel Form New ADR Firm" - New York Law Journal, Law.com, Corporate Counsel

"Former MasterCard, 3M GCs Start Dispute Resolution Venture" - Law360 (subscription)


Selected Publications

Mr. Ziegler has published numerous articles in the National Law Journal, Business Lawyer and other publications on various litigation-related topics, including the importance of civility in litigation practice.  His more recent articles have focused largely on topics related to alternative dispute resolution.  His articles include:

  • Co-Author, “Commercial Arbitration: United States,” Global Arbitration Review, 2018 and 2019
  • Co-Author, Guide on Enforcement of Foreign Arbitral Awards and Court Judgments in the United States (Initial and 2d eds.), Jenner & Block, 2017 and 2018
  • Co-Author, “Challenges to Arbitral Awards Based on Arbitrator Bias,” New York Law Journal, February 8, 2017
  • Author, “Where Are the Risks? An Assessment of Recent Developments in Mediation Confidentiality,” Alternatives, December, 2016
  • Interviewee, “Q&A With Jenner & Block’s Richard Ziegler,” Law360, April 22, 2016
  • Co-Author, “The Complications of Attaching Assets in the US in Aid of an Arbitral Award,” Dispute Resolution International, April, 2016
  • Contributor, Practicing Under the U.S. Anti-Corruption Laws, Aspen Book Publishers, 2013
  • Author, "New Obstacles in Setting the Tone at the Top...and Some Solutions," Bloomberg Corporate Law Journal, Fall 2008
  • Co-Author, "'Forthright Negotiator' Is Not an Oxymoron in Delaware," New York Law Journal, April 21, 2008
  • Fellow, Chartered Institute of Arbitrators
    • Chair, Education Committee, New York Branch
    • Co-Director, “Accelerated Route to Fellowship Program” (“ARF”), New York Branch, 2019 and Tutor, ARF, 2017-18
  • Member, Board of Directors, International Institute of Conflict Prevention & Resolution (“CPR”), 2016 – present
    • Member, CPR Arbitration Committee
    • Previously, member of CPR Executive Advisory Committee
  • Member of roster of arbitrators of the American Arbitration Association
    • Large Complex Case panel
    • Aerospace, Aviation and National Security Panel
  • Member of roster of arbitrators of the International Centre for Dispute Resolution
  • Member of CPR’s panels of Distinguished Neutrals (General Counsel, Financial Services, Technology, and International panels)
  • Member, International Arbitration Club of New York
  • Member, Arbitration Committee, New York City Bar
  • Member, New York Center for International Arbitration
  • Member, Arbitration and Mediation Committees, International Bar Association
  • Member, Arbitration Committee, United States Council on International Business
  • Member, International Council for Commercial Arbitration
  • Member, North American Users Group, London Court of International Arbitration
  • Member, American Bar Association, Dispute Resolution Section
  • Chair, Task Force on BQE Project, Brooklyn Heights Association
  • Emeritus member, Association of General Counsel
    • Member, Executive Committee, 2006
  • Member, Board of Trustees, William Mitchell College of Law (now Mitchell Hamline College of Law), St. Paul, MN, 2005-08
    • Chair, Audit & Finance Committee, 2006-07
  • Lecturer-in-Law, Columbia Law School, 1997-2000 (taught seminar “Ethics and Complex Litigation”)
  • Chair, Committee on Professional Ethics, New York State Bar Association, 1995-98
  • Member, Board of Directors, Legal Aid Society (New York), 1993-95

Admissions

  • New York, 1976
  • Minnesota, 2003-2015

I retired from Jenner & Block LLP on May 31, 2019 and after that date ceased to have access to the firm’s conflicts database.  As of that date I also ceased to have any ethical obligations to firm clients for whom I had not personally rendered services or otherwise obtained any confidential information. Escaping the imputed conflicts of interest that accompany partnership in a major law firm was a key reason for my choice to retire from the Jenner partnership and establish my independent practice as arbitrator and mediator.

I am a member of numerous legal, ADR-related and other organizations (pertinent ones are identified on the list of Professional Affiliations on this website).  I attend various conferences on legal and non-legal topics, typically including meetings sponsored by the New York International Arbitration Center, the New York Branch of the Chartered Institute of Arbitrators, the American Arbitration Association and the International Centre for Dispute Resolution, the annual meeting of CPR and meetings of its Arbitration Committee, the annual meeting in New York of the ICC, meetings of the Arbitration Committee of the New York City Bar Association, meetings of the International Arbitration Club of New York, and one of the twice-yearly meetings of the Association of General Counsel, of which I am an emeritus member.  I occasionally attend meetings of the International Bar Association and its arbitration and mediation committees.  I do not maintain records of the other participants in such events or members of such organizations, and in making the required disclosures associated with being considered for a new assignment, I do not purport to seek to identify whether any of the persons associated in any way with the potential proceeding have attended the same conferences or meetings or are members of the same organizations, as I do not believe any such attenuated connections could reasonably be considered to affect my impartiality or independence. The same is true with respect to persons I have “befriended” or “linked” on LinkedIn or other social media sites, many of whom I have never met.

Of course, I will diligently disclose if I know that I have a personal, social, familial or professional relationship with any person identified to me as associated with a new potential proceeding. Also, I maintain and will check records of all the persons and entities who have participated in all prior arbitrations and mediations in which I have served as arbitrator or mediator.  I will also disclose if I recall that I represented any such person or entity, or was adverse, in the course of my career as outside counsel.