RESUME

Lowell Haky, Esq. is a skilled mediator recognized for his exceptional ability to foster trust and resolve interpersonal conflicts by prioritizing mutual interests. With extensive experience and a proven track record, he consistently guides parties to successful resolutions. Blending warmth, creativity, determination, and practical wisdom, Mr. Haky excels in navigating complex disputes. His approachable nature and skill in building strong relationships with both parties and their counsel is key to his effectiveness as a mediator. 

With extensive experience in securities, trusts and estates, real estate, landlord/tenant, construction defects, banking, ERISA, employment, theft of trade secrets, and business disputes, Mr. Haky has a unique dispute resolution outlook honed through litigating high-stakes cases from both plaintiff and defendant perspectives. He offers rare insight into corporate litigation risk assessment and settlement valuation.

• Dispute Resolution Practice: Experienced Mediator, Temporary Judge, and Mandatory Settlement Conference Officer. Conducted hundreds of Mediations and Mandatory Settlement Conferences in San Francisco and Contra Costa Superior Courts and for the California Department of Fair Employment and Housing. Attained an impressive 85% settlement rate.
• Mediation Style: Mr. Haky utilizes an evaluative approach to help parties assess the probability of a liability finding and estimate potential damages, while considering the subjective value of early case resolution and finality. 
• Distinctive Insights: Deep inside knowledge of the corporate approach to evaluating litigation and regulatory risks and assessing settlement value. Extensive experience with top-tier plaintiff and defense-side firms in case evaluation and settlement strategy.
• High-Stakes Litigation: Litigated dozens of major financial industry cases on both the plaintiff and defense sides. Defended multibillion-dollar securities, antitrust, and regulatory enforcement claims. Recovered hundreds of millions of dollars in affirmative recovery cases for a major Asset Management company.
• Financial Services Expertise: Highly skilled in Securities, Asset Management, Financial Planning, Banking, ERISA, Employment, Theft of Trade Secrets, and Real Estate as both in-house and outside counsel. 

MEDIATION EXPERIENCE

ADR SERVICES, INC.
Mediator, Arbitrator 2024-Present

Conducts mediations and arbitrations in the areas of financial services, trusts and estates, employment, real estate, business and contract, landlord/tenant, and construction defect.

SAN FRANCISCO SUPERIOR COURT
Temporary Judge, Settlement Conference Officer 2018-Present
Conducts mandatory settlement conferences in San Francisco Superior Court as a Temporary Judge and Settlement Conference Officer.

CONTRA COSTA COUNTY SUPERIOR COURT – CONGRESS OF NEUTRALS
Mediator, Discovery Facilitator 2018-2021
Conducted mediations and facilitated discovery dispute resolution in Contra Costa County Superior Court cases.

CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Mediator 2018-2022
Mediated employment disputes for the California Department of Fair Employment and Housing. 

PROFESSIONAL EXPERIENCE

CHARLES SCHWAB & CO., INC., San Francisco, CA
Managing Director – Litigation and Regulatory Enforcement 2000-2024
Managed a team of lawyers and staff responsible for resolving complex, high-stakes disputes. Consistently achieved excellent outcomes.

• Represented Schwab in complex class-action litigation, including Antitrust, Best Execution, 401K Excessive Fee, and Privacy cases.
• Represented Schwab in high-profile regulatory enforcement actions, including the DOJ antitrust investigation of Schwab’s $26B TD Ameritrade acquisition, and the Market Timing and Late Trading, Auction Rate Securities, and Class Action Waiver actions.
• Established and managed Schwab’s Affirmative Recovery Practice Group, pursuing investment loss recovery on securities held in Schwab Mutual Funds and ETFs. Cases included domestic opt-out litigation and international opt-in claims. Hundreds of millions of dollars in recoveries.
• Established and managed Schwab’s Employee Transition Practice Group, focusing on employee departures and theft of trade secrets and intellectual property.
• Handled hundreds of FINRA arbitration cases relating to alleged financial advisor misconduct and product failures. 

ZELLE & LARSON, LLP, San Francisco, CA
Litigation Associate 1995-2000

• Represented broker-dealers, investment advisors, individual investors, and commercial finance companies in litigation, arbitration, and regulatory enforcement cases.

SPEAKING ENGAGEMENTS

Frequent speaker at the Practicing Law Institute (PLI), Chief Litigation Counsel Forums, Securities Industry Conferences, PIABA, and Judicial Conferences on various topics including Negotiating Techniques, Mediation Tips, and Litigation Trends.

EDUCATION

• J.D., Golden Gate University School of Law, San Francisco, CA
• B.S. in Business Administration & Finance, San Diego State University, San Diego, CA