Harold Himmelman joined Beveridge & Diamond during the firm’s first year and was a Principal for thirty years. He is now Senior Counsel. Mr. Himmelman was the Firm’s first Managing Principal and Chairman of the Management Committee. He has substantial experience in civil litigation of all types, alternative dispute resolution (as both an advocate and a neutral mediator and arbitrator), regulatory, and commercial matters.
Alternative Dispute Resolution
Mr. Himmelman has for two decades been involved in service as a neutral in alternative dispute resolution (ADR). He is a senior mediator for the U.S. District Court for the District of Columbia and U.S. Court of Appeals for the D.C. Circuit Mediation Programs, a senior member of the Panel of Neutrals for JAMS (mediation and arbitration), and a member of the American Bar Association Section of Dispute Resolution. He teaches CLE courses and lectures extensively on ADR before a variety of law firms, corporate audiences, federal agencies, and law schools.
Mr. Himmelman’s ADR service has included mediating and arbitrating hundreds of complex disputes, a number of which have been the focus of intense media scrutiny. Typically his cases include tens or hundreds of millions of dollars in claims and counterclaims. Most of the cases involve national and multi-national companies; a significant number have involved the United States government and various of its Departments and agencies and in some instances top-level government officials (including litigation involving post-9/11 events and other matters linked to highest-level elected officials or political appointees). Mr. Himmelman’s ADR work encompasses cases in such areas as:
• Fraud, fiduciary duty, and United States and State False Claims Act, qui tam, and whistleblower disputes encompassing the national defense industry; private security firms; office, software and tool suppliers; Medicare and Medicaid (hospitals, nursing homes, and doctors); and U.S businesses operating outside the United States;
• Intellectual property, including patents, copyrights, trademarks, and licensing agreements;
• Professional liability and malpractice alleged against law firms, investment companies, and other professional organizations;
• Sports, entertainment and media (a primary U.S. national sports league, its players’ association and individual players; partners who owned a professional sports team; royalties owed to recording artists; sales of television and radio stations; a newspaper and a nationally-syndicated political radio show; public interest groups and contractors in disputes with national and internationally-acclaimed entertainment companies);
• Commercial transactions and business partnerships in fields such as energy (nuclear, oil); pharmaceuticals; medical supplies; housing; consulting; real estate; and valuations;
• Technology (telecommunications; medical products; provision of software and services; information management systems);
• Federal regulatory disputes pending in the U.S. Court of Appeals for the District of Columbia over housing regulations, Medicare rules, and airline routing and security issues; Employment (whistleblower; race, gender, age, disability discrimination; executive tenure, compensation, and equity rights; retaliation, defamation, and non-compete provisions);
• Franchises (auto, food, hotel);
• Banking/investment (FDIC, pension funds, and private investment accounts);
• Shareholder actions; and
• Environment (Superfund, other remedial actions, nuclear plant decontamination).
Litigation, Transactions, Pesticides & Biotechnology
Mr. Himmelman’s law practice has concentrated on litigation and commercial transactions. He has principally focused on issues related to the invention, registration, management, and marketing of proprietary agricultural pesticide and biotechnology products and the extensive scientific data required to be submitted to federal and state regulatory agencies to support these products. This work has included negotiations, ADR (including arbitrations), administrative proceedings, and litigation at all levels of the federal courts. Mr. Himmelman has prepared U.S. and worldwide joint data development and commercial supply and licensing agreements. In addition, he has worked extensively on forming and representing Task Forces comprising many national and multinational companies of all sizes which operate as joint ventures or limited liability companies to generate data and other information to meet government
Mr. Himmelman is a cum laude graduate of Williams College, where he was Phi Beta Kappa, and a graduate of New York University School of Law. He served in the litigation section of the U.S. Department of Justice Civil Rights Division through the Department’s Honors Law Program. Mr. Himmelman has been involved over many years on a number of private, non-profit Boards and in sports-related activities.
Take Mediation Seriously – And Succeed, The Metropolitan Corporate
Counsel, October 2004
Federal Court Holds that FIFRA Data Compensation Arbitration Awards
are Judicially Enforceable, Beveridge & Diamond, P.C., January 1, 2002
ADR Will Work If You Use It Wisely, The Metropolitan Corporate Counsel,