Overview

Mr. Gordon has over thirty-five years of experience representing domestic and foreign interests in complex business disputes throughout the United States.  A significant portion of his practice includes commercial arbitration and related judicial proceedings.  He has litigated a broad range of subject matters, including purchase price disputes and indemnification claims arising out of the purchase and sale of businesses, disputes under partnership and joint venture agreements, claims arising from the purchase and sale of securities, accounting matters and contract interpretation. 

In addition, since the mid-1990s, Mr. Gordon has devoted a substantial portion of his practice to insurance and reinsurance matters.  He advises clients with respect to property and casualty, professional liability, financial institutions, D&O, E&O, bad faith, aviation, clash, contingency, excess of loss, retrocessional, facultative, pools, aggregate extension, accumulation, allocation, ECO/XPL exposures, and other issues.  In addition to his representation of insurers and reinsurers, Mr. Gordon also serves as an arbitrator with respect to reinsurance disputes.  

He has been recognized by Chambers USA.  He has also been recognized by Legal 500 in the area of Litigation-International Arbitration.

Speaking Engagements

Panelist, ARIAS Arbitrator Training Seminar – “Case Development and Preparing for the Arbitration Hearing” (May 2010)

Panelist, ARIAS U.S. Spring Conference – “Improving the Reinsurance Arbitration Process” (May 2005)

Professional Affiliations

  • Member, ARIAS–US

Experience

  • Prior to joining Lewis Baach Kaufmann Middlemiss, Mr. Gordon was a partner in a large New York-based international law firm, where he spent twenty-nine years.

Representative Matters

  • Represented London market reinsurers in numerous domestic arbitrations and related judicial proceedings concerning coverage for asbestos products and non-products losses of various domestic cedents under reinsurance and retrocessional contracts
  • Obtained appellate reversal of bankruptcy court order denying foreign liquidators access to attorney-client communications and work-product generated in connection with pre-liquidation audit committee internal investigation   
  • Successfully represented London market insurers in connection with jurisdictional issues arising in federal court lawsuit concerning coverage disputes arising from construction work site accident
  • Obtained substantial pre-litigation settlement of claims on behalf of a CDO note holder against collateral manager for losses arising from breach of management agreement
  • Defended the managing underwriting agent for a group of aviation reinsurers in arbitrations and litigations arising out of the termination of the management agreements following the 9/11 attacks
  • Obtained court order on behalf of London insurer compelling arbitration in the UK of coverage disputes and rescission claims concerning excess layer insurance policy issued to US company engaged in the production and sale of pharmaceutical products
  • Successfully represented manager of US subsidiary of French bank in arbitration and litigation concerning entitlement to and value of phantom equity
  • Obtained summary judgment on behalf of London market insurers in pollution coverage dispute in California state court
  • Obtained summary judgment on behalf of domestic cedent in state court litigation concerning allocation of losses
  • Served as party-appointed arbitrator in reinsurance coverage dispute concerning aviation losses arising out of the 9/11 attacks at the World Trade Center
  • Served as party-appointed arbitrator in dispute concerning asbestos-related losses under facultative reinsurance contracts
  • Served as party-appointed arbitrator in dispute concerning pharmaceutical losses under excess of loss reinsurance contracts
  • Represented large government contractor in lawsuit against the State of New York involving contract pricing dispute 

Publications & Events

In the News

Education

  • George Washington University Law School (J.D., magna cum laude, Order of the Coif, 1979), Member, The George Washington Law Review
  • State University of New York at Albany (B.A., magna cum laude, 1976)

Bar Admissions

  • District of Columbia
  • New York
  • U.S. Supreme Court
  • U.S. Courts of Appeals for the Second, Fourth, Fifth, Ninth, Eleventh, District of Columbia and Federal Circuits
  • U.S. District Courts for the District of Maryland, District of Columbia and the Southern District of New York
  • U.S. Court of Federal Claims