Lowell Haky, Esq. is a skilled mediator with extensive experience in the financial services industry (customer claims, member disputes, employment cases, broker recruiting and trust & estate matters). He has also mediated hundreds of real estate matters (landlord/tenant, construction defect, ownership disputes) and employment cases (discrimination, harassment, retaliation and wrongful termination). Mr. Haky is adept at building strong relationships with counsel and parties, which is key to his effectiveness as a mediator.
- Mediation Style: Haky utilizes an evaluative approach to help parties assess liability and estimate potential damages, while considering the subjective value of early case resolution.
- Distinctive Insights: Haky has worked with top-tier plaintiff and defense-side firms on case evaluation and settlement strategy. He also has working knowledge of the approach corporations use to evaluate litigation risks and assign settlement value.
- High-Stakes Litigation: Haky has litigated dozens of high-stakes cases on both the plaintiff and defense sides. He has defended multibillion-dollar claims and recovered hundreds of millions of dollars in affirmative recovery cases.
- Experience: Haky is a seasoned Mediator, Temporary Judge, and Settlement Conference Officer. He has conducted hundreds of mediations and settlement conferences in the San Francisco and Contra Costa Superior Courts, and for the California Department of Fair Employment and Housing.
MEDIATION EXPERIENCE
- ADR SERVICES, INC.
Mediator, Arbitrator 2024-Present
Conducts mediations in the areas of financial services, employment, trusts and estates and real estate.
- 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 in-house and outside counsel responsible for resolving complex, high-stakes disputes.
- Lead counsel representing Schwab in complex litigation and regulatory cases, including securities, employment and trusts and estate matters.
- Managed Schwab’s Affirmative Recovery Practice Group, pursuing investment loss-recovery for Schwab Mutual Funds and ETFs. Hundreds of millions of dollars recovered.
- Managed Schwab’s Employee Transition Practice Group, focusing on broker recruitment, customer solicitation, and theft of trade secrets and intellectual property.
- Represented the firm and associated persons in hundreds of FINRA arbitration cases.
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
PERSONAL INTERESTS
Mr. Haky is an avid pickleball player, and enjoys skiing, diving and wake surfing.