Marquard Dispute Resolution and Consulting Services, 2019. Vice President and Chief Legal Officer, Stanley Consultants Inc, 1991- 2019; Adjunct Instructor, St. Ambrose University 2003-present; Partner and Trial Attorney, Snyder, Clarke, Dalziel and Johnson,1982- 1991; Associate Attorney, Kiesler & Berman, 1980-1982; Part Owner and Business Manager, New World Construction Co., 1984-1991; Chairman and Board Member, Iowa Environmental Protection Commission, 2005-2009.
Stanley Consultants, a large international engineering firm. My primary responsibilities included risk and litigation management (normally large multi-party construction cases, including personal injury cases in both US and foreign venues. I provided assistance and guidance to trial counsel including first and second chair trial responsibilities. I also provide general legal services throughout the company including contract review and negotiation, regulatory review and employment law. I served on the company’s safety and alternate project delivery committees and chaired the risk management committee. I serve on the Board of Directors of the primary operating company, the design build company and served as managing partner and director of the company’s Chinese joint venture.
The position involved considerable operational involvement in the Company’s engineering and construction projects. Building on my previous experience owning a construction company, I became a recognized expert in matters related to construction delay, construction defect and design negligence cases. Case types included structural failures, highway construction and accident claims, fire losses, power failure, electrical transmission line failure and personal injury and death claims resulting from these failures Projects included steam and gas powerplants, hydro-electric dams, high voltage transmission lines, highway and road construction, industrial facilities, marine facilities, casinos, industrial buildings and large-scale residential master planning. Experience working for an engineering firm and as a contractor have given me an understanding of construction issues from both the perspective of the designer and construction contractor. Working for an engineering firm allowed me to participate in construction and engineering project reviews, take in house courses on various aspects of design and construction (including OSHA training courses), and work at project sites.
In over 11 years of Litigation experience, I tried 50 jury cases and 100 bench and arbitration trials. These cases Included a dispute between a pharmaceutical manufacturer and developer, several fire loss cases including a $50 million industrial fire loss, death and injury cases from automobile accidents and trucking accidents, product liability, construction accidents, medical malpractice, and civil rights cases involving police and government officials. Commercial litigation included breach of contract employment liability, business evaluation and attorney malpractice. I also served as an arbitrator in the court annexed arbitration system.
Experience as a member of the Environmental Protection Commission gave me experience judging cases and a deep understanding of environmental regulation. As a member of the Iowa Environmental Protection Commission (governor appointed, senate confirmed) I gained experience in judging disputes, normally appeals or trials de novo under various state Environmental regulations or the APA. These trials were similar to arbitration. The commission sat as a court in determining liability, fines, penalties or injunctive relief. Similar to arbitration cases, the Commission was bound by state law and precedent while using modified rules of evidence and procedures.
My academic experience includes teaching courses on general business and business ethics at the MBA level and government related classes at the undergraduate level.
Education,Credentials & Rates
DePaul University College of Law, J.D. 1979. DePaul University College of Arts and Sciences, B.A with highest honors, 1976.
US Supreme Court (2009); Illinois Supreme Court (1979) Iowa Supreme Court (1991); U.S. Court of Appeals (7th Circuit, 1981 and U.S. District Court (N.D. Illinois, 1980 )
Awards and Recognitions
Appointed to Iowa District Export Council by Commerce Secretary Penny Pritzker (2016) Elected Chairman of Iowa Environmental Protection Commission by Fellow members (200 Appointed to Iowa Supreme Court Reform Task Force (2011) by Court members. Recognized for leadership by Iowa Association of Corporate Counsel (service as Vice President) and ACEC Legal Forum (chair and member).
Recent Publications (complete list available on request)
Quad Cities World Affairs Council, “The Rule of Law”, 2016. CNA/Schinnerer, Large Firm Meeting, “Risk Management in Alternative Delivery Systems”, 2017; Stanley Webinar, “Iowa Construction Law Changes for Municipalities”, 2017 Iowa State Bar Association, “A Primer on Doing Business Overseas”, 2017. Willis, Tower Company Legal Roundtable, “Managing International Claims”, 2018.
While rates for particular types of cases may vary, my normally hourly charges are as follows:
Attendance at Arbitration or Mediation Proceeding: $350.00/hour (8 hour minimum)
Preparation and Study for mediation or arbitration: $300/hour.
Consulting Services: Fees vary between $75 and $150/hour
Travel: $0 if under 3 hours, otherwise $50/hour. Travel costs such as airfare or hotel billed at actual cost.
I am willing to perform arbitration or mediation services for community ADR as a pro bono or reduced charge matter. Smaller cases (claim values under $25,000 will receive a 25% discount if within 70 miles of Muscatine, Iowa
Note: While I am a licensed attorney, these services do not include the practice of law and retaining me does not establish any attorney-client relationship.