X.M. “Mike” Frascogna, Jr.

Current employer Title

Frascogna Courtney, PLLC – Senior Partner

Profession

Attorney, Professor of Law, Neutral

Work history

Senior Partner, Frascogna Courtney, PLLC, 1985-present; Partner, Frascogna
Hetherington, 1976-84; Attorney, private practice, 1972-76

Experience

Over 47 years as a civil trial attorney with experience in commercial and corporate litigation, international business transactions and litigation, mass toxic tort litigation, real estate, financial, oil and gas, securities, insurance, intellectual property, entertainment and sports together with all forms of alternative dispute resolution.

During his legal career Frascogna has been involved in an assortment of international cases as a litigator dealing with such issues as the enforcement of United States judgements in foreign jurisdictions as Taiwan, Singapore and Hong Kong; litigation in the Queens Court in the Bahamas involving several multi-national parties from Germany, Italy and Canada regarding insider trading of securities; and advocating on behalf of an Italian Corporation against large multi-national defendants before the Permanent Court of Arbitration in the Hague, Netherlands regarding a dispute over Italian oil &gas concessions.

ADR Experience

Arbitrator for over 32 years, Mediator since 1994. Arbitrated a variety of disputes including contract, complex litigation, entertainment, copyright, sports, trademark, insurance issues relating to property and casualty, life, health, disability and mortgage coverage and loss allocation among multiple users, toxic torts, oil and gas, and international disputes. Mediated a wide array of matters including mass tort involving multiple parties, contract, personal injury and a variety of commercial disputes. Assisted the Federal Bureau of Investigation in a hostage release incident. Selected as a member of the American Arbitration Association Master Mediator Panel which is designed to handle large complex disputes throughout the southeast United States. The selection process utilizes a rating committee made up of a diverse group of advocates and in-house counsel representing clients in complex, high stakes disputes. Appointed as a Special Master in six circuit court districts in Mississippi involving mass tort silica and dioxin claims; conducted hearings on dispositive and non-dispositive motions; issued over 1000 reports and recommendations between 2003 and 2010 to the appointing circuit judges

ADR Experience

2019

AAA- Arbitrator Performance and Demeanor- Meeting Participant Expectations

2017

AAA- Motion Practice Under AAA Rules – What You Need to Know

2004

Institute for Advanced Dispute Resolution of William Mitchell College of Law, Special Masters Conference. 

2017

AAA- Motion Practice Under AAA Rules

AAA- Arbitration Awards-Safeguarding, Deciding and Writing Awards

2002

AAA- Arbitrator II Training – Advanced Case Management Techniques

2015

AAA- Litigant Psychology

2001

AAA- Arbitrator Update

2015

AAA- Making the Most of Med-Arb: Best Practices for Neutrals

1999

AAA- Commercial Arbitrator Training

2009

AAA- Judicial Remands of Challenged Awards: What Happens When the Decision Isn’t Final

1994

AAA- Basic Arbitrator Training

2005

Pepperdine University School of Law, Straus Institute for Dispute Resolution,Advanced Mediation Skills Conference.

2005

AAA- Neutrals Conference

1994

AAA- Basic Mediator Training

1994

AAA- Basic Mediator Training

2004

ALI-ABA The Art and Science of Serving as a Special Master in Federal and State Courts

1991

Mississippi College School of Law, Office of Professional Services, Negotiation and Settlement Advocacy

2004

AAA- Neutrals Conference

1991

Harvard Law School Program of lnstruction for Lawyers

Representative Issues handled as a Mediator

Securities fraud claim from a customer against his broker-dealer; failure to perform under a warranty provision of a pest service contract; wrongful death claim of an estate based on asbestos related disease; bank loan guaranties; high value domestic dispute property settlements; major league baseball licensing issues; mass tort injury claims related to asbestos, silica and dioxin; professional boxing dispute; state athletic association disputes with its member schools; assisted the Federal Bureau of Investigation in a hostage negotiation incident to a successful conclusion.

Specialties and Sub-specialties

International litigation experience as an advocate handling cases in Europe, Asia and Central America; served as lead trial counsel for a complainant involving multi-national defendants arbitrated in the Permanent Court of Arbitration at The Hague, Netherlands; experienced in all forms of alternative dispute resolution – arbitration, mediation, special master, arb-med, and med-arb; experience in entertainment and sports business issues involving contract enforcement, licensing, copyright, trademark and royalty accounting; extensive experience in film and music business matters.

Mediation Philosophy

After 47 years of advocacy for both plaintiffs and defendants, together with serving as a neutral in every conceivable form of dispute resolution, has an insight into the structure of disputes and the most successful methods for resolution. The mediator’s objective is to restore peace among the disputing parties. Peace usually emerges as a topic for discussion only after conflict arises. Once absent there is a basic human yearning to regain it. Every case can be settled as long as the mediator is willing to stay with the process even if formal mediation has not achieved a settlement.

Mediation References

Fred H. Krutz, III, Esq., fred@fpwk.com, (601) 960-8622;

Paul T. Benton, Jr., Esq., ptbenton@bentonoffice.com, (228) 432-0305;

Wayne E. Ferrell, Jr., Esq., wferrell@airlawonline.com, (601) 969-4700;

Hunter Lundy, Esq., hlundy@lundylawllp.com, (337) 439-0707

Tom Potter, tpotter@burr.com, (504) 914 7066

Professional Licenses

Admitted to the Bar: Mississippi, 1972; U.S. District Court, Southern District of Mississippi, 1976; U.S. Court of Appeals, Fifth Circuit, 1977; U.S. Supreme Court, 1977

Professional Associations

American Bar Association (Former member of Forum Committee on Entertainment and Sports; Alternative Dispute Resolution Section); Mississippi State Bar Association (ADR Committee, Past Co-Chair; Past Board of Bar Commissioners); National Academy of Court Appointed Masters (Charter Member); The Recording Academy (Voting Member)

Education

Mississippi State University (BS-1969; MA-1970); Mississippi College School of Law (JD with Distinction – 1972; MBA – 1976; MSS – 1982); University of Mississippi (Ph.D Candidate in U. S. Contemporary History/anticipated completion 2019)

PUBLICATIONS

Entertainment Law for the General Practitioner
Date: 2012
Publisher:American Bar Association

The Lawyer’s Guide to Negotiation

Date: 2011 (Second Edition)

Publisher: American Bar Association

Lawyer’s Guide to Negotiation – China

Date: 2012

Publisher: Law Press China

This Business of Artist Management

Date: 2004 (Fourth Edition)

Publisher: Watson-Guptill

This Business of Artist Management – Japan

Date: 2012

Publisher: Oricon

This Business of Internet Law

Date: 2001

Publisher:Watson-Guptill

Speaking Engagements

Else School of Business, Millsaps College, negotiation seminar for Executive MBA students, 2018, 2016, 2014; C-Spire Executive Leadership, Else School of Business, Millsaps College, negotiation seminar, 2017, 2019; Mississippi College School of Law, CLE seminar “Entertainment Law for the General Practitioner,” 2011, 2010, 2009; Mississippi College School of Law, CLE seminar “Negotiation Strategies for Lawyers,” Eagle Ridge Conference Center, 1999; Else School of Business, Millsaps College, negotiation seminar for the Center for Executive Development, 1995;

Teaching Experience

  • Adjunct Professor of Law at Mississippi College School of Law since 1978 teaching courses in Negotiation, Entertainment Law and Sports Law;
  • Visiting Adjunct Professor of Law at the University of Mississippi School of Law since 2014 teaching Entertainment Law;
  • Visiting Adjunct Professor at the Else School of Business, Millsaps College since 2014 teaching Negotiation.

Awards and Honors

American Arbitration Association Master Mediator Panel, 2017; Recognized by Best Lawyers® since 2015; Honorary Doctor of Laws, Mississippi College, 2015; Lawyer of the Year, Mississippi College, 2013; Top Ten Leaders in Law, Mississippi Business Journal, 2013; Honorary Master of Laws, Mississippi College, 2007; Martindale-Hubbell AV-Preeminent Rating since 1993; The American Society of Composers, Authors and Publishers, The ASCAP-Deems Taylor Award, New York, 1980

Citizenship

United States of America

Languages

English

Compensation-Domestic

Hearing: $400.00/Hr
Study: $350.00/Hr
Travel: $200.00/Hr
Cancellation: $0.00/Hr
Cancellation Period: 0 Days
Expenses: Reimbursement of reasonable expenses, including travel expenses, will be added to the above fee categories.