Mediator Resume

Internationally recognized full-time Arbitrator for business, corporate investment, technology, IP and emerging growth disputes. Focus on complex commercial contracts, international business, corporate transactions, venture capital and other private investment, technology development, licensing, distribution, IP, JV and M&A. cybersecurity, cryptocurrency, A.I., and quantum computing disputes Former litigator, corporate lawyer and corporate counsel. CIArb Chartered Arbitrator. Other top tier arbitration credentials In addition to his arbitration practice, an Adjunct Professor at Santa Clara Law. Founder of the Silicon Valley Arbitration Center (SVAMC) and California Arbitration (CalArb.org). Co-Chair of the Cal. Lawyers Assn Int’l Arb Comm

Gary Benton Arbitration - US and International Arbitrator

U.S. and International Arbitrator; Attorney

Principal, Gary Benton Arbitration, 2013 - Present; Adjunct Faculty, Santa Clara University School of Law, 2018 - Present; Chief Legal Officer, Global Velocity Inc., 2009 - 2013; Corporate Partner, Pillsbury Winthrop Shaw Pittman LLP (Technology & Emerging Growth, Co-Chair Silicon Valley International Group), 2005 - 2009; Litigation and Corporate Partner, Coudert Brothers LLP (Palo Alto Managing Partner, Head of Northern California Technology, Media & Telecoms Group, West Coast International Arbitration Practice Head), 1992 - 2005; Litigation Associate, Coudert Brothers LLP, 1987 - 1992; Associate, Kadison Pfaelzer Woodard Quinn & Rossi, 1986 - 1987 (acquisition); Associate, Gaston Snow & Ely Bartlett, 1984 - 1986 (acquisition).

Forty years of practice experience, first as a commercial litigator and international arbitration counsel, then as corporate transactions lawyer, then as the Chief Legal Officer of a technology company, and currently as a full time Arbitrator. Litigation expertise: Trial lawyer and arbitration counsel handling general business contracts, international commercial contracts, private investment and technology disputes (20 years). Transactional expertise: Corporate law counsel handling corporate structuring, international investment, securities, private equity and venture capital, intellectual property licensing, technology development, partnering, US and international M&A and IPOs, and other emerging growth company and public company matters. Extensive experience managing portfolios of international legal projects for Fortune 500 technology companies (15 years). Legal practice experience involving a variety of U.S. and foreign business sectors, including manufacturing, information technology, mobile telecommunications, satellites, biotech/pharma alternative energy, investment, financial services, entertainment, gaming, aviation and defense, including hardware OEMs, software & app developers, Internet providers, digital media companies, suppliers, distributors, founders, U.S. and foreign venture capital funds and private equity investors. Focuses: INTERNATIONAL BUSINESS: Cross-border contracts. COMMERCIAL: Product development, services, manufacturing, sales, distribution, marketing, licensing, outsourcing and other business transactions, including breach of contract, fraud, unfair competition and other business torts CORPORATE TRANSACTIONS / PRIVATE INVESTMENT: Corporate structuring, emerging technology startups, joint ventures and partnerships, private investment and lending, venture capital financing, private equity and securities, hedge and arbitrage funds, investment banking, mergers & acquisitions (M&A), IPOs, ICOs and corporate governance and operations, including stockholder, shareholder, partnership, LLC and Board director fiduciary duties. ACCOUNTING / VALUATION: Sales and expense reporting, earn-outs, reps and warranties, financial guarantees, purchase price adjustments and working capital INTELLECTUAL PROPERTY LICENSING AND INFRINGEMENT: Trade secret, copyright and patent claims, particularly licensing and royalty disputes, infringement and misappropriation claims, and related antitrust and competition issues TECHNOLOGY: IT, ICT, TMT work involving the Internet (connectivity, cloud, data centers, web content, e-commerce and B2B, SaaS, social networking and FinTech); software (operating systems, networking and applications, including CRM, ERP, business, entertainment, gaming, utilities, video, security and mobile apps); hardware (semiconductors, CPUs, microprocessors, SOC, motherboards, memory, storage, media and graphics), virtualization and quantum computing. CYBERSECURITY: Network and data security contract services, data breach contract disputes, and related insurance issues. CRYPTOCURRENCY: Offerings, DeFI & other blockchain apps, M&A ARTIFICIAL INTELLIGENCE (A.I.): development, licensing, M&A TELECOMMUNICATIONS: Mobile and Internet, including cellular, broadband, VOIP and wireless SPACE: Satellite launch, operation and services BIOTECH/GENETICS & PHARMACEUTICAL: R&D and licensing contracts, infringement disputes, M&A ALTERNATIVE ENERGY: Solar, fuel cell, wind & materials development and joint venture contracts EXECUTIVE EMPLOYMENT: Founder and executive employment contracts, independent contractors, NDAs, confidentiality agreements, non-competes and non-solicitation, executive compensation & stock options DISCOVERY/DISCLOSURE: e-Discovery / ESI NATIONAL SECURITY: US classified information / NISPOM Third party non-signatory and arbitration jurisdictional disputes

An internationally recognized ADR expert with over 30 years major law firm experience in both corporate and commercial transactions and litigation / alternative dispute resolution practice. Founder of the Silicon Valley Arbitration and Mediation Center. Prior to full-time ADR practice, a partner with the leading international law firms Pillsbury Winthrop Shaw Pittman LLP in Palo Alto and Coudert Brothers LLP in San Francisco and Palo Alto. In addition, served in-house as Chief Legal Officer of Global Velocity, a next generation cybersecurity company. Participated in over 100 mediations of large, complex commercial and international cases in the course of his career, ranging from $500K product licensing, distribution and development disputes to $1B copyright / trade secret / patent infringement and antitrust disputes. Focus on complex commercial, corporate transactions, international business, technology development, private equity and venture capital investment, M&A and IPOs, sales, IP & licensing disputes. Extensive Chair, Panel and Sole Arbitrator experience in tribunals worldwide.

Experience with settlement/mediation issues involving a wide array of commercial and manufacturing sectors. Emerging growth company work including technology startups, venture capital financing, technology transactions and valuations, mergers & acquisitions, IPOs, corporate governance and operations, including stockholder, shareholder, partnership, LLC and Board director fiduciary duty, fraud, M&A, sales reporting, expense reporting, earn-out and accounting issues. Intellectual property law: advice on copyright, trade secret, patent and trademark issues, particularly resolution of technology licensing and royalty disputes and prosecution and defense of technology infringement claims, as well as related antitrust and competition issues.

Mediation can provide significant time and cost-savings compared to litigation. It is typically a more productive and appreciated process for the parties than endless months preparing for a court case and sitting through a trial. Significantly, it allows issues to be resolved promptly and efficiently, so that the parties can keep their focus on their core business activities. As a Silicon Valley-trained lawyer, I put particular emphasis on deal-making and facilitate business-practical outcomes for the parties. My career has been in an industry sector that thrives on entrepreneurship, prides itself on deal making, and focuses on growing small privately funded companies with promising technologies into large public multinational companies that offer products to improve the lives of billions of people. Accordingly, I believe that business disputes are often best resolved in business settings rather than by courts and juries who may have little, if any, understanding of the intricacies of business and technology. Facilitative mediation: I work with the parties and their counsel to create a process that helps them reach a mutually agreeable resolution. I listen carefully, ask questions, explore points of view, search for core interests and help in analyzing options for resolution. I look for creative solutions and work hard to find the best possible outcome to provide a win-win for both sides. I don't force settlements; rather, I encourage the parties to appreciate the benefits in resolving the dispute. When requested by the parties, I evaluate claims and defenses. My litigation and corporate transaction experience provides a full and balanced appreciation for both legal risks and business considerations. I focus on core issues and take a realistic perspective. My background, training and experience, particularly as an international lawyer, helps me be responsive to cultural differences and minority perspectives, encouraging cross-cultural awareness, gender respect and constructive interaction. I remain neutral throughout the mediation process and insist upon professionalism from all participants in proceedings. I work to get all the issues out on the table and get them resolved in a focused, expedient, professional and business-like manner.

Extensive IT experience and including CompTia certification training e-Discovery/ESI certified. Proficient with Zoom, Teams and other videoconferencing and document management solutions (Opus, Optima Juris, etc.) used in arbitration proceedings. Certificate, AAA Clearbrief AI Academy Experienced in the use of technology tools in arbitration practice, including AI tools, subject to applicable confidentiality obligations, for organizational and drafting assistance, while retaining full responsibility for all analysis and decision-making.

Tulane Law School (JD, cum laude-1984); Washington University (AB, cum laude, Earth & Planetary Sciences, Political Science and International Development-1981); Stanford University (International Studies-1986); University of California Law SF (Legal Studies-1984).

Admitted to the Bar: California, New York, District of Columbia; U.S. District Courts: Northern, Central, Southern, and Eastern Districts of California; U.S. Court of Appeals: Ninth, District of Columbia and Federal Circuits; U.S. Supreme Court. Solicitor, Supreme Court of England & Wales.

Professional Association Honors and Awards Chartered Arbitrator (C.Arb) and Fellow of the Chartered Institute of Arbitrators (FCIArb) Fellow of the College of Commercial Arbitrators (FCCA) Academy Member of the National Academy of Distinguished Neutrals 2025 California Lawyers Association ADR Hall of Fame Award Peer vetted Appointee to the SVAMC List of the World's Leading Technology Neutrals - the "TechList" Northern California Super Lawyer - ADR (multiple years - present) GAR Listed Arbitrator Martindale Hubbell AV Preeminent peer rating (all years - present) Who's Who in the World. Named one of the 25 National Law Journal ADR Champions Named in the IAM 300 The World's Leading IP Strategists Professional Associations Chartered Institute of Arbitrators (CIArb) College of Commercial Arbitrators (CCA) - Board (former Executive Committee) National Academy of Distinguished Neutrals (NADN) Silicon Valley Arbitration & Mediation Center (SVAMC) - Founder and Director (and former President) / Co-Chair Quantum Computing Study Group / AI Task Force California Arbitration (CalArb.org) - Founder and Board Director (and former President) California Lawyers Association (CLA) - International Arbitration and ADR SubCommittee Co-Chair (and member Corporate, Litigation, International Law Sections) California International Arbitration Week (CIAW) - Founder and first Co-Chair International Bar Association ICCA International Council for Commercial Arbitration (ICCA Congress 2028 San Francisco Host Committee) American Bar Association (member International, Litigation and Dispute Resolution Sections) The Institute for Transnational Arbitration (Advisory Board) Alliance for Equality ITech Law American College of e-Neutrals (ACESIN) Queen Mary Univ. of London Int'l Dispute Resolution Task Force International Task Force on Mixed Mode Dispute Resolution New York International Arbitration Center GAR listed Arbitrator Invited Fellow of the American Bar Foundation AAA-ICDR Foundation Panel Partner

Technology Dispute Developments, ITech Law, San Diego, 2025; Cryptocurrency Arbitration, IACNY, New York, 2025; Information Exchange in Arbitration (chapter), CCA Best Practices Guide, Juris, 2025; Comparing US and Int'l Arbitration, CIAW, Los Angeles, 2025; Intriguing Issues in Tech and Int'l Arbitration, NYAW, 2024; AI in Arbitration, CIAW, San Francisco, 2024; Arbitration Clauses, Cal. Lawyers Assn., 2024; Stanford Univ. Advanced IP/Tech Arbitration Course, 2023; Go Global: An Overview ... of International Arbitration (co-author), Los Angeles Lawyer, 2023; California Int'l Arbitration Week (Co-Chair), 2022 & 2023; ABA Arbitration Inst., New York, 2023; Technology & IP Arbitration in China, BIAC, 2022; Arbitration Advantages & Disadvantages, LexisNexis, 2022; The Efficient Arbitrator in the Post-Pandemic World, CCA, 2021; A Roadmap for Int'l Arbitration, CIArb/Strauss, 2021; US Developments, ICDR Americas (co-author), 2020; Arbitrating Domestic and International Life Science Disputes, AAA-ICDR, 2020; Technology Arbitration Revisited, Dispute Resolution Journal, 2020; Arbitrator Powers, Webinar, ABA DRS, 2020; Tech Arbitration, Webinar, ITech Law, 2020; Managing a Tripartite Arbitration Panel (co-presenter), AAA, San Francisco, February 2020; Data Protection and Digital Security, SVAMC, San Francisco, 2020; US Technology Dispute Resolution, Beijing Arbitration Commission, Beijing, October ; Welcome Address, Beijing Arb.Comm./BIAC, 2019 Summit, San Francisco; California–A Rising Star Among International Arbitration Seats, co-author, NYSBA NY Dispute Resolution Journal, Vol 12., No. 1, 2019; Practical Drafting Issues for Arbitration, Mediation and Negotiation Clauses in IP Agreements", American Intellectual Property Law Association (AIPLA), Philadephia, 2019; International Arbitration in California, California Lawyers Association (CLA), Los Angeles, May 2019; The Whispered Conversation: Hong Kong v.Singapore, Kluwer Arbitration Blog, 2019; A Dozen Brilliant Litigation Strategies That Backfire in Arbitration, California Litigation Journal, vol. 31, No. 3, 2018; Lecturer, Data Breach Arbitration,"USCIB, New York, 2018; "Beyond the Bubble: Will Blockchain Have a Lasting Impact on International Arbitration?, CIArbResolver, 2018; Lecturer, Arbitral Jurisdiction, ABA, Washington DC, 2018; Lecturer, Chairing Arbitration Tribunals, AAA, San Francisco, 2018; Arbitration, Mediation and Negotiating Clause Drafting for Technology Disputes", Cal Business Law Practitioner, Cal CEB (2017); "Arbitrating Private Investment Disputes: Private Equity, Venture Capital and other Private Placements, College of Commercial Arbitrators, 2017; "Dispositive Motions in Arbitration" (co-presenter), ABA Webinar, 2017; Guide to Best Practices in Commercial Arbitration, Motion Practice (contributing editor), College of Commercial Arbitrators, Juris 2017; Resolving Tech Disputes Internationally,"(ACC) Docket, 2016; ADR in the Cloud", College of Commercial Arbitrators, 2015; Arbitration in the Next 100 Years, Chartered Institute of Arbitrators Centennial, Los Angeles, 2015; "The Android Wars: A New Look at the Apple v. Samsung Case", Association of Corporate Counsel (ACC) Docket, 2014; The Android Wars - International Technology Arbitration in an Alternate Universe: A Case Study of Apple v. Samsung, Contemporary Issues in Int'l Arbitration (Rovine, ed.) 2013; Cross-Border Disputes: Should My Company Use International Arbitration, Int'l Arbitration & Dispute Resolution, 2002 and various reprintings; Intellectual Property Disputes Under the Amended AAA International Rules, International Lawyer, vol. 26, no. 8, p. 359, 1998; The Arbitration of International Technology Disputes Under the English Arbitration Act 1996, Arbitration International, vol. 13, no. 4, p. 361, 1997; numerous others speeches and articles. See https://garybentonarbitration.com

Available for travel worldwide. No local travel expense charges.

Hourly Rate: Not provided Daily Rate: $18,000.00 Study Rate: $1,800.00/hr Cancellation: Not provided Cancellation Period: 30 Days Comment: Hearing rate covers up to 10 hour session. Study rate includes all other services provided following appointment, including pre-session and post-session conferencing and study time. No local travel expense charges; non-local travel expense at cost. No travel time charges for US or international proceedings. Cancellation fee: One to three session days: No charge if canceled/continued 30 or more days prior to the session. Four or more session days: No charge if canceled/continued 60 or more days prior to the session. Covers session (10 hr) days plus any work performed and any non-refundable travel expense. Any cancellation fee will be reduced if another matter is booked on the canceled day(s). Available for US and international travel. Available in-person and for Zoom and other remote videoconference hearings. Standard and alternative billing arrangements available.

English

United States of America

Palo Alto (San Francisco), California