Brian Simpson Arbitration and Mediation Services

[Expertise][Professional Summary][Employment History][Education][Other Information][Engagements]
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BRIAN J. SIMPSON
AA, BS, JD
Martindale-Hubbel A-V RATED ATTORNEY
Licensed in California and Idaho


CALIFORNIA OFFICE

1881 S. Business Center Drive
Suite 7 B
San Bernardino, CA. 92408
(909) 889-3565 – (866) 889-3569 Fax
brian@briansoffice.net
www.briansoffice.net

Updated: Thursday, August 17, 2006

Expertise
Real Estate Matters Transactions Sales/Purchases Easements Escrow and Title Matters Real Estate Lenders Construction Matters Construction Contracts Contractor Issues Subcontractor Issues Construction Defects Business Matters Partnership Disputes Limited Liability Company Disputes Business Related Disputes	Aircraft Disputes Operational Disputes Administrative Disputes Business Consultations Auto Dealerships Engineering Companies Contractors Real Estate Brokers Rock and Gravel Firms Concrete Firms General Business Financial Institutions Corporate Matters Formation and Operational Issues Daily operational business advice Shareholder Disputes

Professional Summary

Mr. Simpson has over 33 years of experience (litigation and transactional) as a practicing attorney in California, (also admitted in Idaho) specializing in matters dealing with estate planning, trusts, wills, real property, corporations, aviation matters, construction disputes, business relationship disputes and general business consultations. His experience also includes dealing with computer issues as they relate to the legal profession and more specifically the use of and obtaining computer related discovery and the use of computer information at trial. Mr. Simpson has oversight experience in the design and installation of a computer network in a law office environment. A summary of his experience includes:

Real Property Issues
Purchases/Sales of single-family dwellings Purchase/Sales of multi-family dwellings Purchase/Sales of subdivisions Easement drafting and litigation Agreements relating to the sale of residential developments Agreements relating to the sale of subdivided unimproved land Development agreements and negotiating with governmental agencies Escrow companies (formation and continuing operational advice) Real property title issues Security issues in the sale of real property
Construction Issues
Contractor and subcontractor agreements Mechanic’s liens and stop notices Lien releases Owner protections Construction disputes Development disputes
Corporation Issues
Formation and operational issues Sale of corporations (stock and asset sales) Development of corporate organizations Daily operational business advice
Estate Planning and Probate
Analysis of issues relating to the transfer of assets upon death Analysis of tax issues relating to the passage of assets upon death Drafting of documents, including wills, trusts, general powers of attorney, power of attorney for health care and transfer documents Handling of probate of wills and estates
Business
Purchase and sale of business (negotiating agreements and drafting of all sale documents) Security issues relating to the sale of businesses Liaison between business and governmental bodies
Arbitration and Mediation Issues
Extensive experience as a litigant, arbitrator and mediator of all issues relating to business, real estate issues, computer, construction and development issues. Mr. Simpson brings to an arbitration or mediation, not only the practical experience of being involved in arbitration and mediations, but also the substantive knowledge in his fields of experience. Mr. Simpson is a member of the national panel of neutrals for the American Arbitration Association and has served as a mediator and arbitrator in the private sector and as a member of the Southern California Panel for the American Arbitration Association.
Aviation Issues
Operational issues Flight safety Aircraft ownership International operation of private aircraft in the United States and Mexico

Employment History

From:	1966	Valley National Bank
To:	1967	Phoenix, Arizona
Position:		Executive Training Program
Served in all areas of banking, including lending, banking relationships, customer promotion, debt management and auto dealership flooring management.

From:	1999	Brian J. Simpson
To:	Present	San Bernardino, California
Position:		Attorney at Law
General practice of law as a sole practitioner, with emphasis in the fields of Estate Planning, Probate, Business, Real Property and Corporate Law, aviation and computer issues. Arbitration and mediation, both as the arbitrator and mediator, but also as the attorney for the party

From:	1998	Fullerton, Lemann, Schaefer & Dominick, LLP
To:	1999	San Bernardino, California
Position:		Attorney at Law
Partner in the firm, with emphasis in the fields of Estate Planning, Probate, Business, Real Property and Corporate law, aviation and computer issues. Managing partner in charge of computer development for the firm, including supervising the purchase of hardware for new computer system and the installation of the NT network system.

From:	1985	Brian J. Simpson
To:	1997	San Bernardino, California
Position:		Attorney at Law
Private practice as a sole practitioner in the general practice of law, with emphasis in the fields of Estate Planning, Probate, Business, Real Property, Corporate Law, and computer issues

From:	1973	Simpson and Simpson
To:	1985	San Bernardino, California
Position:		Attorney at Law
Partner. General Practice of law with emphasis in the fields of Estate Planning, Probate, Business, Real Property, Corporate Law and computer issues.

From:	1971	Robert J. Simpson
To:	1973	San Bernardino, California
Position:		Attorney at Law
General practice of law, with emphasis in the fields of Estate Planning, Probate, Business, Real Property and Corporate Law, and aviation and computer issues.

From:	1997	Computer/Legal Consultants, Inc.
To:	Present	San Bernardino, California; Harrison, Idaho
Position:		President, Litigation Consultant
Legal consultant to law firms assisting in the development of strategy, specific pleadings, discovery issues relating to obtaining computer based information, trial strategies and use of computer information in trial.

Education

JD – Juris Doctor – University of San Diego, California (1971)
- Graduated with honors (Cum Laude)
- Outstanding Labor Law Student
- Member: Law Review
- Member: Moot Court Board and Team

BS - Business Administration – Arizona State University, Tempe, Arizona (1967)

AA – Associates of Arts – San Bernardino Valley College, San Bernardino, California (1964)

Other Information:

Professional Associations and Achievements

Member and former president, San Bernardino County Bar Association

Member – State Bar of California (Admitted 1972)

Admitted to practice in all courts in California and the Southern and Central Districts of the United States District Court.

Member – State Bar of Idaho (Admitted 2002)

Admitted to practice in all courts in Idaho and the United States District Court for Northern Idaho.

Founding member and creator of Tel-Law, a telephone based information distribution system for legal information.

Past President, San Bernardino Area Chamber of Commerce

Past member, San Bernardino YMCA and two term past president of the Uptown San Bernardino YMCA.

Arrowhead United Way – Chairman – attorney’s division

Bridging the Gap – Created the first Bridging the Gap educational program for newly admitted attorneys in San Bernardino County.

San Bernardino County Law Library – Past Member – Board of Directors

Judge Pro Tem – San Bernardino County Municipal and Superior Courts

San Bernardino Civic Authority – Past Member of Board of Directors (Organization which held title to City of San Bernardino buildings under the authority of the San Bernardino Redevelopment Agency)

Other Business Associations

Esquire Investments – Managing Partner – Partnership engaged in the purchase, ownership, construction and management of an office building.

Langston, Newby, Simpson – Co-Managing Partner – partnership engaged in the construction, ownership and management of an office building.

Publications

Malpractice: Computer Data Discovery. Orange County Lawyer, The Orange County Bar Association, August 1997, Vol. 39 No. 8

Business Litigation and Computer Discovery Production: Legal Malpractice Implications. Law Reporter, The Journal of the Consumer Lawyers of Hawaii, Vol. 9, Number 6, June 1997

Instructional Positions

University of California at Riverside – Professor - Probate Administration

LaVerne College, Fullerton, California – Professor – Probate Administration

Engagements

Mediation Engagement:
Dispute over a thirty million dollar computer system that the State of Montana contends does not perform as required. Unisys, the supplier, contended that the program worked as required.
Jurisdiction: State Of Montana
Client: State Of Montana and UNISYS Corporation
Nature Of Case: State of Montana contracted for Unisys to develop a software program to handle various taxes collected by the Montana Department of Revenue, including tracking payments and account balances and processing of refunds.
Nature Of Engagement: To mediate the dispute involving damages for current delays in the project and to create a process for preventing problems in the performance of the balance of the contract.
Represented By: All Firm
Status: Complete October 2001.

Litigation Engagement:
Aircraft Accident of December 20, 1995 near Cali Columbia - American Airlines Flight 965.
Jurisdiction: Florida-Southern District
Client: American Airlines
Nature Of Case: Airline accident with issues concerning the flight control computer, the data base contained within and the many processes involved in creating the data base. Several companies and many computer systems were involved.
Nature Of Engagement: Consulting Technical expert.
Analyze theories available to American Airlines against supplier of database and flight management system. Review of instructional materials supplied with the flight management system from a pilot’s perspective. Recommend pleading options to be included in Cross-Claim filed by American Airlines. Assist in the review and analysis of data to be used at trial.
Represented By: Sullivan, Johnson & Manfredi-Los Angeles, CA
Status: Complete June 2000.

Arbitration Engagement:
Claimed improper sale and installation of computer hardware and software in a specialized industry.
Jurisdiction: Arbitration and Mediation
Client: Wholesale Garment Industry
Nature Of Case: Claimed seller of software and the installation was defective and demand for return of purchase price and damages.
Nature Of Engagement: Included pre-arbitration motions, discovery issues considered and decided, arbitration hearing and decision.
Represented By: Confidential
Status: Decision rendered.

Litigation Engagement:
Negotiation of Agreements for sale of Rock Quarry
Jurisdiction: Legal and Litigation
Client: Concrete Company/Rock Quarry
Nature Of Case: Negotiation of Agreements for sale of Rock Quarry
Nature Of Engagement: Negotiated agreement for the sale and all documents through close of escrow.
Represented By: Confidential
Status: Amount Involved: Over $7,000,000.00

Litigation Engagement:
Negotiation and drafting of all documents underlying development loan
Jurisdiction: Legal and Litigation
Client: Lender
Nature Of Case: Negotiation and drafting of all documents underlying development loan
Nature Of Engagement: Negotiated agreement for the sale and all documents through close of escrow.
Represented By: Confidential
Status: Amount Involved: Over $35,000,000.00

Litigation Engagement:
Merger of four corporations
Jurisdiction: Legal and Litigation
Client: Construction and Development
Nature Of Case: Merger of four corporations
Nature Of Engagement: Negotiation and preparation of all documents for the merger of four corporations.
Represented By: Confidential
Status: Amount Involved: Over $25,000,000.00

Litigation Engagement:
Review and approve Loan Agreements
Jurisdiction: Legal and Litigation
Client: Concrete Company/Rock Quarry
Nature Of Case: Review and approve Loan Agreements
Nature Of Engagement: Negotiate, review and approve loan agreements for operational loan
Represented By: Confidential
Status: Amount Involved: over $9,000,000.00

Mediation Engagement:
Mediation
Jurisdiction: Arbitration and Mediation
Client: Mediator
Nature Of Case: Mediation
Nature Of Engagement: Mediation of dispute between medical HMO and physician
Represented By: Confidential
Status: Amount Involved Under $1,000,000.00

Mediation Engagement:
Mediation
Jurisdiction: Arbitration and Mediation
Client: Health Maintenance Organization (HMO)
Nature Of Case: Mediation
Nature Of Engagement: Mediation of health services dispute
Represented By: Confidential
Status: Amount Involved: Reduced liability of HMO from lifetime care to existing benefits and assumption by another HMO

Litigation Engagement:
Trust administration
Jurisdiction: Legal and Litigation
Client: Private Trust
Nature Of Case: Trust administration
Nature Of Engagement: Trustee, trust administration of charitable trust
Represented By: Confidential
Status: Amount Involved: Over $1,700,000.00

Arbitration Engagement:
Arbitration
Jurisdiction: California-American Arbitration Association-LA
Client: American Arbitration Association
Nature Of Case: Arbitration
Nature Of Engagement: Acted as arbitration for business and real property matters as an arbitrator for the American Arbitration Association
Represented By: Confidential
Status: Amount Involved: Various

Litigation Engagement:
Sale of property
Jurisdiction: Legal and Litigation
Client: Real Estate Developer
Nature Of Case: Sale of property
Nature Of Engagement: Negotiated and drafted the sale documents for the sale of acreage to Santa Fe Rail Road
Represented By: Confidential
Status: Amount Involved: Over $4,000,000.00

Litigation Engagement:
Development agreements
Jurisdiction: Legal and Litigation
Client: Real Estate Developer
Nature Of Case: Development agreements
Nature Of Engagement: Drafting of development agreement for multi-unit housing track
Represented By: Confidential
Status: Amount Involved: Over $15,000,000.00

Litigation Engagement:
Drafting of Covenants, Conditions and Restrictions
Jurisdiction: Legal and Litigation
Client: Real Estate Developer
Nature Of Case: Drafting of Covenants, Conditions and Restrictions
Nature Of Engagement: Drafting of the covenants, conditions and restrictions for a multi-commercial until real property development
Represented By: Confidential
Status: Amount Involved: Not determined

Litigation Engagement:
Commercial Construction – Office building
Jurisdiction: Legal and Litigation
Client: Real Estate Developer
Nature Of Case: Commercial Construction – Office building
Nature Of Engagement: Negotiate and draft all documents for the acquisition, loan processing, construction documents and completion of the construction and leasing of a multi-unit commercial office development.
Represented By: Confidential
Status: Amount Involved: Over $2,000,000.00

Litigation Engagement:
Legal consulting services
Jurisdiction: Legal and Litigation
Client: Auto Dealership
Nature Of Case: Legal consulting services
Nature Of Engagement: Business advice and management for major automobile dealership, including direct dealings with automobile manufacture
Represented By: Confidential
Status: Amount Involved: Various

Litigation Engagement:
Sale of wholesale tire dealer
Jurisdiction: Legal and Litigation
Client: Tire Dealer
Nature Of Case: Sale of wholesale tire dealer
Nature Of Engagement: Negotiation and drafting of the documents for the sale of a wholesale tire and retread business.
Represented By: Confidential
Status: Amount Involved: Over $1,00,000.00

Mediation Engagement:
Mediation
Jurisdiction: Arbitration and Mediation
Client: Auto Repair
Nature Of Case: Mediation
Nature Of Engagement: Mediation of dispute over partnership
Represented By: Confidential
Status: Amount Involved: Not Determined

Mediation Engagement:
Mediation
Jurisdiction: Arbitration and Mediation
Client: Mediator
Nature Of Case: Mediation
Nature Of Engagement: Mediation of construction dispute over the construction of a church
Represented By: Confidential
Status: Amount Involved: Over $800,000.00

Mediation Engagement:
Mediation
Jurisdiction: Arbitration and Mediation
Client: Mediator
Nature Of Case: Mediation
Nature Of Engagement: Mediation of a dispute over employment dispute and alleged partnership interest
Represented By: Confidential
Status: Amount Involved Equitable issues only

Arbitration Engagement:
Arbitrations
Jurisdiction: Arbitration and Mediation
Client: Real Estate Broker
Nature Of Case: Arbitrations
Nature Of Engagement: Assisted client in arbitration of real estate issues that were subject to multiple listing arbitration agreement
Represented By: Confidential
Status: Amount Involved: Various

Arbitration Engagement:
Arbitration
Jurisdiction: Arbitration and Mediation
Client: Real Estate Seller
Nature Of Case: Arbitration
Nature Of Engagement: Represented client in arbitration over the sale of several acres of real property
Represented By: Confidential
Status: Amount Involved: Over $100,000.00

Arbitration Engagement:
Arbitration
Jurisdiction: Arbitration and Mediation
Client: Arbitrator
Nature Of Case: Arbitration
Nature Of Engagement: Acted as an arbitrator in a dispute over mining claims
Represented By: Confidential
Status: Amount Involved: Equitable