JEFFREY P. AIKEN - Whyte Hirschboeck Dudek SC

JEFFREY P. AIKEN
Arbitration, Mediation & Alternative Dispute Resolution
(414) 978-5423 / jaiken@whdlaw.com
EXPERIENCE PROFILE
Jeffrey Aiken is an attorney in the Milwaukee office of Whyte Hirschboeck Dudek. He has over
37 years of experience in contract preparation and dispute resolution, focusing on corporate
M&A disputes, construction of single-family homes, condominiums, subdivision developments,
and commercial and industrial facilities (such as atomic power and anaerobic wastewater
treatment plants, shopping centers, airports and office buildings), as well as surety bond claims;
and general commercial and information technology systems contracting and disputes. He has:
• Handled more than $250 million of contested general commercial matters as party
representative or arbitrator (including management of 2.9 million documents in a single case),
covering M&A disputes, closely held business dissolutions, fiduciary duties, real estate,
natural gas distribution and UCC claims.
• Handled more than $300 million of real estate, financing, M&A and general business
transactions.
• Acquired more than 30 years alternative dispute resolution experience involving over $150
million of claims.
• Represented a private party in arbitration recovery of more than $10 million in close
corporation dissolution and related damages.
• Been appointed a mediator for construction claims by the Milwaukee County Circuit Court.
• Been appointed a NASD and NYSE arbitrator and party representative for various securities
claims.
• Been appointed an AAA arbitrator for construction, commercial and technology claims, being
a member of the AAA’s National Technology Panel.

JEFFREY P. AIKEN, continued
Experience Profile, continued
• Been appointed to Wisconsin Bar Association’s Revised Uniform Arbitration Act Study
Committee.
• Received certification as a mediator with the International Mediation Institute in The
Netherlands
• Expanded his evaluative mediation approach to include probability-risk assessments using
current analytical programs to facilitate party decision making.
PROFESSIONAL PROFILE
Education
• Arbitrator Ethics & Disclosure, June 2012 (American Arbitration Association)
• Arbitrator Boundaries: What are the Limits of Arbitrator Authority, April 2011 & Sept.
2009 (American Arbitration Association)
• Advanced Mediator Training, June 2010 (American Arbitration Association)
• Electronic Discovery in Arbitration: What You Need to Know, Feb. 2010 (American
Arbitration Association)
• Five Steps to Fast-Track the Large, Complex Construction Case, Feb. 2010 (American
Arbitration Association)
• Judicial Remands of Challenged Awards: What Happens When the Decision Isn't Final,
Oct. 2009 (American Arbitration Association)
• ADR After NAFTA, April 2008 (International Centre for Dispute Resolution)
• Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, Sept. 2007
(American Arbitration Association)
• Advanced Commercial Mediation Institute, Oct. 2006 (Association for Conflict
Resolution, The Harvard University and the American Arbitration Association)
• Fundamentals of Effective Mediation Advocacy, Oct. 2006 (American Arbitration
Association)
• Dealing With Delay Tactics, April 2005 (American Arbitration Association)
• Arbitration Awards: Safeguarding, Deciding and Writing Awards, Sept. 2004 (American
Arbitration Association)
• Arbitrator Training, Sept. 2004, Nov. 1998, Oct. 1996 & Dec. 1992 (New York Stock
Exchange)
• Arbitrator II Training Workshop – Advanced Case Management Issues, Feb. 2001
(American Arbitration Association)

JEFFREY P. AIKEN, continued
Education, continued
• Arbitrator Update, 2001 (American Arbitration Association)
• Neutrals’ Retreat 1998 - Discovery & Motion Practice, High Technology ADR, and
Commercial Arbitrator Training, Oct. 1998 (American Arbitration Association)
• Construction Industry Arbitrator Training Workshop, May 1997 (American Arbitration
Association)
• Marquette University Law School, J.D., cum laude, 1972
• Marquette University, B.A., cum laude, 1969
Admissions
• State Bar of Wisconsin
• U.S. District Courts, Eastern and Western Districts of Wisconsin, Admitted 1972
• U.S. District Court, Northern District of Illinois, Admitted 2003
• U.S. District Court, Eastern District of Michigan, Admitted 2002
• 6th Circuit Court of Appeals, Admitted 2006
• 7th Circuit Court of Appeals, Admitted 1972
Professional Associations
• American Arbitration Association: Mediation Panel and Commercial, Construction and
Technology Arbitration Panels
• American Bar Association: Business Law Section, Construction Industry Section (1991-
2003), Science & Technology Section (Computer and Software Legislation Committee;
Computers, Software and Business Innovation Committee; Information Security
Committee; and Internet and Cyberspace Committee – Task Force on Cybersecurity &
Privacy) (2000-2006); Litigation Section; Tort and Insurance Practice Section (1990-
2003) (Fidelity and Surety Law Committee)
• American College of Mortgage Attorneys: (Past Board of Regents; Past Program Chair;
Past State Chair)
• American Corporate Counsel Association (1985-1993)
• American (and Wisconsin) Land Title Associations (1989-97); ALTA Lenders’ Council
(1993-2000)
• American Law Firm Association: Construction Industry Practice Group Steering
Committee (1995-1999)
• AMICA Mutual Insurance Company: Board of Directors, Audit Committee (1994-2003),
Compensation Committee (2004-present)
• Construction Specifications Institute (1996-1999)
• International Mediation Institute (The Netherlands): Certified Mediator
• National Arbitration Forum: Arbitration Panel

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Professional Associations, continued
• National Association of Securities Dealers: Board of Arbitrators
• New York Stock Exchange: Arbitration Panel
• State Bar of Wisconsin: Alternative Dispute Section; Business Law Section (1988-2006)
(Past Chair of Information Technology and E-Commerce Committee); Construction and
Public Contract Law Section (Board, 1994-2002; Past Chair); liaison to ADR Committee
(1996-98); Litigation Section; Securities Law Committee on Enforcement & Civil
Liability (1990-95); Standard Legal Opinion Committee (Past Chair); Wisconsin Fast
Track Business Dispute Resolution Panel; Fee Arbitration Panel.
• Wisconsin Governor’s Blue Ribbon Commission on Year 2000 Preparedness (1999-
2000)
Awards & Distinctions
• Selected for inclusion in The Best Lawyers in America® in Litigation - Construction
(2012-2013)
• Named to the Wisconsin Super Lawyers list (2006-2011); named a Top 50 Lawyer on the
Wisconsin Super Lawyers list (2005)
• Top 10 Construction Lawyer according to the Daily Reporter (2006)
Articles and Presentations
• Unresolved Legal Issues with Modified Total Cost Claims, ABA Construction Litigation
Committee Newsletter, Construct!, Summer 2011
• The Bicameral Legislature: Pros and Cons from a U.S. Perspective, Speech before the
Hungarian Parliament, Nov. 2010
• Preparing for Mediation: What You Need to Know, © 2010 Thomson Reuters/Aspatore
• Construction Experts and Res Ipsa Loquitor: Bridging the Evidentiary Gap, The
Construction Lawyer, Volume 30, Number 4, Fall 2010
• Commercial Mediation in The United States, Article in Studia luridica Caroliensia 4., ©
2009 Kapa Mátyás
• Contractor Coverage for Construction Claims Under CGL Policies: The Basics and
Beyond, Article in Tort Trial & Insurance Practice Law Journal (Spring/Summer 2009;
Volume 44-3/44-4)
• Due Diligence in Arbitrator Selection: Using Interviews and Written Voir Dire, Article
for American Arbitration Association's Dispute Resolution Journal, May-July 2009
• Developing Commercial Mediation Best Practices: Probability Analysis and More,
Article in Inside the Minds – Strategies for Successful Mediation, © 2008
Thomson/Aspatore
• Arbitration & Mediation -- Basics and Beyond, Speech for Commercial Law Group of
Central Wisconsin, Feb. 2008

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Articles and Presentations, continued
• Substantiating and Aligning Real Project Delays with Damages -- Recent Landmark Case
Studies, Panelist, Construction Superconference, Dec. 2007
• Special Verdicts in Construction Litigation Combining Tort and Contract Claims,
Speech for 2007 National CLE Conference, Jan. 2007
• Special Verdicts in Construction Litigation Combining Tort and Contract Claims, Article
for The Construction Lawyer, Journal of the Forum on the Construction Industry, Vol. 26,
No. 2, Spring 2006
• Contracting Issues Under the Revised Uniform Arbitration Act, Lead speaker for State
Bar of Wisconsin 2003 Annual Convention, May 2003
• Web Sites – How to Know If You’re Doing It Right, Speech for Governmental Information
Processing Association of Wisconsin Annual Meeting, Oct. 2002
• Medical Information Systems and Security, Speech for Lorman Education Services, July
2002 (co-speaker)
• Is Your Client’s Web Site Ready for P3P, Article for WBA Business Law Section
Newsletter, Summer 2002
• HIPAA and E-Records Security Issues -- The Basics and Beyond, Speech for Lorman
Education Services, May 2002 (co-speaker)
• Cyber-Terrorism Threats -- Business Assets At Risk, Speech for the Wisconsin Institute of
Certified Public Accountants' "CPA's in Industry" Spring Conference, March 2002 (cospeaker)
• Legal Issues with System Insecurity in E-Commerce, Speech for Milwaukee Bar
Association CLE Seminar, Feb. 2002
• Court Decision Emphasizes Danger to Vendor in Strict Limitation of Remedies in
Software Agreements, Article for International Computer Negotiations Newsletter, Vol. 9,
2002 (co-authored)
• Liability Exposures Due to System Exploitation, Article for Millennium Partners
Newsletter, IT Matters, Feb. 2002
• Court Decision Emphasizes Danger to Vendor in Strict Limitation of Remedies in
Software Agreements, Article for International Computer Negotiations Newsletter, Tools
& Tactics, Volume 9, Issue 6, 2002 (Co-authored with Attorney Daryl L. Diesing)
• Contracting Over the Internet: Making "Battle of the Forms" Child's Play and Contract
Drafting & Litigation Issues Under UCITA, Speech for WBA/MBA Law & Technology
Show, Nov. 2001
• Legal Issues With System Insecurity in E-commerce, Speech for Center for International
Legal Studies, E-Commerce: Law and Jurisdiction Conference, in Salzburg, Austria, Oct.
2001

JEFFREY P. AIKEN, continued
Articles and Presentations, continued
• Why Do We Need "UCITA" In Wisconsin, Article for WBA Business Law Section
Newsletter, Summer 2001
• Project Dispute Resolution Protocols, Speech for State Bar of Wisconsin Construction
Law in Wisconsin Seminar, June 2001
• Overlooked Issues in ERP, ASP and B2B Contracts, Speech for American Corporate
Counsel Association – Wisconsin Chapter Meeting, April 2001
• Construction Claims in Wisconsin, Speech for Lorman Education Services, April 2001,
March & April 2000
• Shrink Wrap, Box Top & Insert Terms Not Necessarily Enforceable, Article for WBA
Business Law Section Newsletter, Fall 2000
• Fair Use Allows Reverse Engineering to Access Software Functionality, Article for WBA
Business Law Section Newsletter, Fall 2000 (Co-authored with Attorneys Thomas J.
Pienkos and Alan E. Wagner)
• Construction Contracting for Public Entities in Wisconsin, Speech for Lorman Education
Services, August 2000 & May 1999
• Loss of Use & Functionality is "Physical Damage" Covered by Business Interruption
Policy, Article for WBA Business Law Section Newsletter, Summer 2000
• Arbitrations from the Arbitrator's Perspective, Speech for State Bar of Wisconsin 2000
Annual Convention, June 2000
• Structuring and Negotiating Information System Contracts, Speech for 23rd Annual
Corporate Practice Institute Program, Dec. 1999
• Public Improvement Contracting – It’s Not Rocket Science But You Need To Know How
to Operate the Controls, Speech for Fifth Annual Corporation Counsel/Defense Counsel
Forum by Wisconsin County Mutual Insurance Corporation, August 1997
• Dilemmas in Dealing with Bonded Project Owners, Contractors and Subcontractors,
Article for WBA Construction and Public Contracting Law Section Newsletter, Spring
1997
• Avoiding a Hidden Trap for Subcontractors in Enforcing Payment Rights – Bonded
Private Projects, An Old Issue Revisited, Article for WBA Construction and Public
Contracting Law Section Newsletter, Winter 1997
• 1996 Securities Reform Act, Speech for Wisconsin Bar Association, Jan. 1997
• Are Subdivision Subcontractors Subject to the 60 Day Notice Requirement to Preserve
Lien Rights, Article for WBA Construction and Public Contracting Section Newsletter,
Dec. 1995
Teaching Positions
• Adjunct Professor: "Construction Law," University of Wisconsin Law School, 2012
spring semester

JEFFREY P. AIKEN, continued
Teaching Positions, continued
• Adjunct Professor: "Legal Aspects of Engineering," University of Wisconsin Law
School, 2011 fall semester
• Guest Lecturer: "Mediation, Negotiation and Trial Practice," at four business and law
schools in Hungary, Oct. 2011
• Adjunct Professor: "Construction Law Seminar," University of Wisconsin Law School,
2011 spring semester
• Guest Lecturer: "Mediation of Commercial Disputes," Budapest Business School,
Budapest, Hungary, Nov. 2010
• Visiting Professor: "Mediation, Arbitration and Trial Practice," Gaspar Karoli Protestant
University, Budapest, Hungary, Nov. 2010
• Visiting Professor: "The American Legal System," Gaspar Karoli Protestant University,
Budapest, Hungary, Nov. 2009
• Visiting Professor: "U.S. Business Law," Gaspar Karoli Protestant University, Budapest,
Hungary, Nov. 2008
Reported Cases
• Miller St. Nazianz, Inc. v. S+L+H S.p.A., No. Civ. A. 91 C 1139, 1991 WL 495556 (E.D.
Wis. Dec. 20, 1991), aff’d, 988 F.2d 1518 (7th Cir. 1993) – dealing with an international
arbitration agreement and Wisconsin’s fair dealership law.
• Muehlmeier v. Tuffey, No. 97 0135, 1998 WL 248838 (Wis. Ct. App. May 19, 1998) –
upholding an arbitration award.
• Hasbro, Inc. v. Catalyst USA, Inc., 367 F.3d 689 (7th Cir. 2004) – unsuccessful
challenge to arbitration award.
• Sparton v. Util-Link, 248 Fed.Appx. 684 (6th Cir. 2007) -- reversing trial court arbitration
judgment.
• Racine County v. Oracular Milwaukee, Inc., 2009 WI App. 58, 317 Wis. 2d 790, 767
N.W.2d 280, aff'd 2010 WI 25.