Name : marccunn
Industry Type : Related Professions
City & State : Lebanon, NJ
Job Title Attorney
Relocation Preferences : PA, MD, DE, WV, VA, NC
Objective : In-house attorney for general contractor or developer
Resume :  
Marc Cunningham

Admissions:

Attorney
Admitted to practice in New York, New Jersey, Connecticut, District Of Columbia, Ohio, Maryland, Massachusetts and West Virginia. Anticipated admission to Pennsylvania Bar July 1, 2008.
Architect
Admitted to practice in New York and New Jersey.
Real Estate Broker
Licensed in New York.

Education:

New York Law School, New York, NY J. D., Sept.1989
Cooper Union School of Architecture, New York, NY B. Arch., June 1976

Experience:

Contract Attorney May 12, 2007 Present
General: Drafting, negotiation and review of numerous types of: contracts, including but not limited to construction, general sales, vendor, software and hardware purchase and sale, and, procurement; agreements, including but not limited to copyright license, intellectual property license, non-compete, end-user license, technology license, intellectual property distribution, telecommunications usage, internet service provider, bandwidth usage, non-disturbance, non-compete, marketing, advertising, development, outsourcing, ex-patriot, brokerage, agency, strategic alliance, partnering, joint venture, master purchase, consulting, real estate purchase and sale, easement, project labor, and, license; real estate leases, including but not limited to residential, commercial, office, marine, industrial, telecommunications, shopping center, and, ground; miscellaneous documents, including but not limited to press releases, letters of intent, notices to proceed, requests for qualifications (RFQs), requests for proposals (RFPs), construction and procurement bid documents and specifications, and, equipment leases; and, various types of negotiations, including but not limited to construction claims, property claims, personal injury claims, wrongful discharge, sexual harassment, alternate dispute resolution, arbitration, and, mediation.
Finance: Drafting and review of various agreements, including but not limited to data repository and analytics services; instruments of accession; print mail services; remote access services; accounting services; mutual fund service agent administration; investor services; proxy services; custodian services; anti-money laundering customer identification and privacy services; transfer agency services; blue sky registration services; escrow; and, underwriting) and SEC forms related to various transactions subject to the 1933 Securities Act, 1934 Securities Exchange Act, 1939 Trust Indenture Act, 1940 Investment Advisers Act, 1940 Investment Company Act, 1970 Bank Secrecy Act, 1970 Securities Investor Protection Act, 2001 USA Patriot Act Title III and Title X and 2002 Sarbanes-Oxley Act.

Schindler Elevator Corporation, Morristown, NJ Dec. 29, 2006 May 11, 2007
Acting Assistant General Counsel (Temporary Assignment)
Oversight of staff of twelve (two attorneys and five paralegals in corporate headquarters, and five paralegals in offices throughout the U.S.); contract review (approximately 16 per week); major contract negotiations (approximately 2 per week); collections (approximately $75,000 per month); supervision of outside counsel; budget management; case management (including but not limited to contracts, labor, commercial transactions and employment issues); analysis of industry, litigation and risk management trends; corporate governance; drafting, negotiation and review of corporate policies, RFPs, RFQs, bids, confidentiality agreements, vendor contracts, telecommunications contracts, procurement contracts, software and hardware contracts, outsourcing agreements, equipment leasing, master purchase agreements and consulting agreements; strategic advice to executive management; extensive direct interaction with customers and their legal representatives regarding claims and contract negotiations.

Foster Wheeler Inc., Clinton, NJJan. 2, 2001 Dec. 1, 2006

Risk Counsel, Risk Management Division July 2003 Dec. 1, 2006
Management of corporate insurance programs and analysis of risk management-related issues in litigation and corporate administrative programs; management of corporate programs for compliance with Sarbanes-Oxley Act (SOx); and, administration of corporate Workers Compensation program.

General Risk Management
Procurement and management of all project-specific Commercial General Liability, Excess Liability, Professional Liability, Builders All Risk, Railroad Protective and environmental hazards insurance for all North American and South American Foster Wheeler entities.
Negotiated insurance language in construction, real estate and procurement contracts.
Analyzed and reported to executive management regarding proposed and existing legislation in various jurisdictions that might impact corporate risk management programs and provided recommendations to management regarding the remedy for, or avoidance of, any such identified negative impacts.
Review and negotiation of risk management issues in RFPs, RFQs and bids.
Legal analysis in support of insurance and risk management issues in current and pending litigation and legislation.
Coordinated risk management activities and corporate policies for various U.S. and international corporate entities.
Development and oversight of new risk management strategies.
Participated in risk management, litigation and corporate governance continuing education programs.
Provision of advice and recommendations to executive management regarding immediate risk management and insurance decisions.
Negotiated maritime-related claims.

Sarbanes-Oxley Compliance
Continuing review of existing and proposed corporate activities and policies for compliance with proprietary SOx-mandated controls. Responsible for enforcement of proprietary SOx-mandated controls. Identification, preparation and refinement of proprietary SOx-mandated controls for all business processes at corporate headquarters. Provision of ongoing training and testing of all relevant employees regarding their compliance with proprietary SOx-mandated controls and proper documentation thereof. Provision of direct support to process owners for assessment and analysis of respective control environments. Evaluation, assessment, implementation and coordination of SOx-mandated controls proposed by process owners to ensure the achievement of intended objectives. Development, scheduling and execution of corporate-wide testing plans for SOx compliance and subsequent evaluation interpretation of the test data. Elevation of potential control weaknesses in SOx-related processes to executive management with recommendations for alternative remedies. Direction of, interaction with, and participation in SOx-related audit teams to ensure that all issues identified within the individual business processes were addressed timely, appropriately and uniformly throughout all corporate entities, and that all reporting requirements were achieved.

Workers Compensation
Processing invoices, data, documentation, loss prevention reports and general information pertaining to corporate Workers Compensation Insurance program. Researching corporate requests for information pertaining to claims and invoices. Procurement of Defense Base Act policies as required. Management of claims, including coordination of negotiations for settlement of claims with corporate management and outside counsel. Dissemination of information including but not limited to Estimated Modification Rates, payroll and loss documentation, loss ratio reports, and state-specific mark-ups as required between insurance provider, corporate management and third-parties. Coordinating with Workers Compensation programs in monopolistic states and Owner Controlled Insurance Programs.

Senior Counsel, Litigation Division January 2001 June 2003
Corporate litigation management involving: construction contracts; construction claims; employment; torts; commercial paper; taxes; real estate transactions, procurement and, commercial transactions.
Identified legal issues and causes of action and prepared litigation documents in cases involving construction, corporations, contracts, labor, commercial transactions, asbestos, employment, immigration, international treaties, intellectual property, patents, copyrights, procurement, equipment leasing, real estate and insurance.
Retained and managed outside counsel and litigation budgets.
Oversight of intellectual property, trademark, patent and copyright administration.
Developed and implemented aggressive and successful litigation strategies.
Performed legal research and drafted litigation-related documents.
Provided legal advice and litigation preparation to corporate personnel, from the project management level through the executive management level.
Represented the company at administrative and governmental procedures.
Negotiated Project Labor Agreements with local unions for construction projects.
Attended and supervised mediations, arbitrations and external discovery activities.
Litigation motion practice, depositions and discovery.
Negotiated alternative dispute resolution cases with opposing counsel and claimants.
Negotiated several major EPC (Engineer/Procure/Construct) contracts.
Negotiated joint-venture agreements and supported marketing and sales initiatives.
Supervised maritime-related litigation, including Jones Act cases.
Supported corporate governance activities.
Supervised internal personnel in support of discovery activities.
Drafted, negotiated and reviewed corporate policies, confidentiality agreements, vendor contracts, telecommunications contracts, procurement contracts, ex-patriot agreements, software and hardware contracts, outsourcing agreements, RFPs, RFQs, bids, bid disputes, commercial leases, equipment leases, master purchase agreements, strategic alliances, credit facilities and consulting agreements.
Supervised internal investigation of claims documentation and employee disputes.

Port Authority of New York & New Jersey, New York, NY Jan. 1992 Dec. 2000
Senior Attorney, Construction Contracts Division
Construction contracts; construction claims; real estate transactions; and, agreements.
Developed, drafted and administered the legal content of three hundred fifty-eight (358) construction contracts for building, airport, railroad, light rail, security, maritime, highway, tunnel and other miscellaneous projects, not one of which resulted in any litigation.
Negotiated the resolution of numerous major construction claims, either directly, or through alternate dispute resolution proceedings.
Negotiated construction and employment claims related to maritime construction work.
Negotiated and administered the legal content of several major waterfront restoration construction contracts in association with the U. S. Army Corps Of Engineers, based on the Defense Federal Acquisitions Regulations (DFAR).
Participated in real estate transactions including the negotiation and drafting of: purchase and sale contracts; easements; and, licenses.
Cooperated and coordinated with the Port Authority Inspector Generals office and various New York City, New York State and Federal administrative agencies in confidential investigations of allegedly illegal activities by contractors.
Participated in various negotiations with major developers and governmental agencies.
Negotiated and drafted commercial, retail, office, vendor and ground leases.
Negotiated and drafted agreements for various documents, contracts and agreements, including but not limited to those for procurement, professional services, master services, software purchase and licensing, RFPs, RFQs, bids, bid disputes, contractor qualifications, hardware purchase and lease, commissions, marketing, confidentiality, processing services, equipment rental, settlements, outsourcing, telecommunications services and facilities.

Architectural Consultant / Developer / Contractor, New York, NY Aug. 1986
Dec. 1991
Architectural design, detailing, inspection and Buildings Department expediting for residential and commercial projects.
Acquired, renovated and subsequently converted abandoned residential properties to co-ops or condominiums as sponsor.
Provided construction management, procurement and contracting for residential and commercial projects.
Prepared and filed all architectural and administrative documents required for Buildings Department approval.
Personally performed construction work in various disciplines, including but not limited to gypsum board, metal stud work and framing, concrete, masonry, carpentry, windows, doors, roofing, painting, carpeting, hardwood floors, cabinetry, marble tiles, quarry tiles, painting, landscaping and other finish work.
Negotiated and arranged financing and security instruments.
On-site supervision of subcontractors and coordination of various trades.
Calculated and implemented critical path scheduling for construction projects.
Negotiated variances, easements, licenses and loans with governmental entities.

Architect (various firms) New York, NY June 1976 July 1986
Junior Draftsman / Draftsman / Senior Draftsman / Senior Designer / Project Architect / Project Manager
Architectural design, detailing, drafting, project management and procurement administration for residential and commercial projects including apartments, stores, mansions, office buildings and hospitals.
Managed project teams of various sizes, from four to eighteen persons.
Coordinated the work of all disciplines and outside consultants.
Drafted reports and required projected documentation.
Performed on-site progress inspections.

Real Estate Broker, New York, NY (Part-time) Jan. 1990 Dec. 2000
Residential and commercial sales, rentals and leasing

Real Estate Salesman, New York, NY (Part-time) June 1976 Dec. 1989
Residential and commercial sales, rentals and leasing






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