Mediator Resume

Hilfer Law - Principal Attorney Cowan Liebowitz & Latman - Of Counsel

Attorney, Arbitrator, Mediator

Hilfer Law, 1993 - Present; Of Counsel, Cowan Liebowitz & Latman, 2019 - Present; Of Counsel, Collen IP, 2010 - 2019; Associate/Contract Attorney, Hall Dickler Kent Friedman & Wood, 1989 - 1995; Associate, Rubin Baum Levin Constant & Friedman, 1988 - 1989; Associate, Proskauer Rose Goetz & Mendelsohn, 1987 - 1988.

INDUSTRIES: Advertising/marketing/public relations, art, consumer products (e.g. apparel, auto, cosmetics, food/beverage, design, luxury, packaged, textiles), digital/e-commerce, entertainment, franchise, health, hotel, hospitality, licensing, media, publishing, restaurant, retail, social media, sports, technology, telecommunications COMMERCIAL LAW: • Resolve business disputes. • Draft commercial contracts; define duties, rights, risk allocation. • Advise on strategic partnership, licensing ventures. • Analyze technology (blockchain/artificial intelligence). Agreement Types: Collaboration: manufacturer/supplier, master services, vendor/supplier Compliance: content curation, licenses, NDA/confidentiality, non-solicitation, social media policies Customer Engagement: sales representation, service level agreements Global: cross-border, international relationships, website creation/operation Operations/Strategy: agency, consulting, distribution, technology, use terms INTELLECTUAL PROPERTY LAW: • Resolve disputes re copyright, cybersquatting, domain name, false advertising, Lanham Act, licensing, privacy/publicity rights, royalty, trade dress, trademark, trade secret, unfair competition. • Counsel on copyright, fair use, takedown/DMCA. • Advise on acquisition, licensing, maintenance, protection of domestic/international IP portfolios. • Advise on emerging product IP (artificial intelligence, blockchain, cannabis, NFTs). Agreement Types: Branding: trademark license, coexistence Content/Media: gamification/ virtual reality/user-generated content license, publishing, releases/waivers Distribution: blockchain, EULA, hardware sales, licenses (exclusive/non-exclusive/sublicensable); software development/license, SaaS, supplier/reseller, third-party rights acquisitions/releases Ownership: assignment, sale, trade secret protection, work for hire ADVERTISING/MARKETING LAW: • Resolve false/deceptive advertising, comparative advertising disputes. • Advise on regulatory aspects of commercial speech, customer experience (UX). • Review campaigns: digital, direct mail, mobile, print/TV/ radio, social media, virtual reality, word of mouth. • Review copy/disclosures, claim substantiation; advise re use of artificial intelligence. • Counsel on brand strategies, e.g. ambush marketing, cause marketing, continuous service/subscription, coupons/rebates, direct marketing, email/mobile marketing, endorsements/influencer/testimonials, environmental, event, loyalty programs, native advertising, pricing, prize promotions (contests/sweepstakes). • Counsel on industry-specific regulations, e.g. cannabis, healthcare, vitamin/supplements. • Advise on data privacy compliance. • Advise on international campaigns, including Australia, Canada, EU, France, Germany, UK. Agreement Types: Branding: ad tech, agency/client, loyalty program, NFTs, sweepstakes/contest Brand Partnerships: affiliate marketing, co-marketing, customer relationship management, franchise, payment technology, product placement, prize supplier, sponsorship, vendor Campaign Management: MSA/SOW, music clearance, production, publicity waiver, talent/model Influencer Marketing: celebrity spokesperson, testimonial/endorsement Media: buying, purchase orders, photography, product placement SPORTS: • Represent(ed) agencies, agents, arenas, event management, intellectual property licensors/licensees, memorabilia, national governing body, teams, technology vendors, trade organizations. • Negotiate commercial contracts for sports entities. • Counsel on IP protection. Agreement Types: Advertising: advertising placement, sponsorship, licensing Facility: event/exhibition, construction, rental, naming, sponsorship Technology: NFT, fantasy sports, video games AV Martindale-Hubbell, SuperLawyers (Media & Advertising-NYC Metro Area), Best Lawyers (Arbitration/Mediation/Copyright)

Mediation experience includes commercial, corporate, entertainment, intellectual property, and real estate disputes. Disputes often are multi-party or multi-contract with damages asserted from tens to multi-millions of dollars. Recent mediations include: • Dispute between national consumer product brand and accused infringer of trademarks with allegations of trademark and trade dress law • Dispute between public health tech app and software developer about copyright ownership and contractual issues regarding software • Dispute regarding copyright ownership of music portfolio and parties’ operating agreement with multimillion financial implications, including claims for copyright infringement, conversion of property, breach of contract, and breach of fiduciary duty • Multi-party dispute involving inventor in textile business, corporate entities, and brand licensee regarding contractual payments and unjust enrichment related to derivative product lines based on patented products • Dispute between an e-commerce brand and its buyer over final deferred payment on multi-million dollar sale with allegations of breaches of representations/warranties, noncompete clause, and confidentiality obligations. • Dispute between LLC members regarding investment into a CBD product seller with allegations of conversion for a related hemp grower/processor. Legal issues of fraudulent inducement, breach of fiduciary duty, corporate waste, and piercing corporate veil. • Multiparty dispute over exclusive beer distribution arrangement involving distributors, brewer, wholesalers, with allegations of improper termination and conspiracy and embedded regulatory interpretation concerns. • Dispute regarding alleged misdirection of bond payment and the responsibilities of a municipality, developer of real property, and the bank acting as the bond trustee. • Dispute between multimillion joint commercial venture participants regarding behavioral modifications and reallocation of financial terms • Dispute between physician’s reciprocal insurance company and owner/officers with claims of breach of fiduciary duty, fraud, negligence, unjust enrichment and validity of adjacent arbitration • Dispute between a brand and vendor regarding services to be rendered pursuant to a master services agreement, involving issues of breach of contract, fraud, and unjust enrichment • Real estate sale dispute between a developer and religious entity • Dispute regarding real estate commissions on sale of property and construction default issues, including claims for breach of contract, breach of fiduciary duty AAA Mediator; EDNY Mediator; Special Master, Appellate Division of the 2d Judicial District of New York; NYS Part 146 Mediator for 9th, 10th, 13th Judicial Districts; Neutral Mediator for World Intellectual Property Organization; Private/Self-Administered Mediation.

Branding and Intellectual Property: Trademark/trade dress infringement and ownership; copyright ownership/infringement; licensing of patented products; licensor/licensee disputes; contractual obligations; promotional obligations; royalties distributions; licensing and quality control obligations; infringement remedies; damages calculations. Contractual and Commercial: Breach of contract; fraud; negligence; unjust enrichment; termination; conversion; corporate waste; representations/warranties; indemnification; non-disparagement; confidentiality; fiduciary obligations; piercing corporate veil. Entertainment: ownership rights; licensing concerns; contractual obligations; promotional obligations; trademark use; royalty disputes. Real Estate: payment obligations; fiduciary obligations; commissions; valuation disputes.

As a commercial contract mediator, I look beyond legal positions to the business problems that caused the deal to break down. I have decades of experience counseling clients on commercial transactions, brand promotion and protection, and intellectual property. This background gives me insight into the business drivers and reputational stakes that parties often leave unspoken. I cast a broad net to identify the misalignments between the parties’ initial expectations and their current positions and interests. I help the parties identify practical, commercially viable solutions that work for both sides. In so doing, I move the parties from deadlock to a durable settlement. From my first interactions with the parties and counsel, I create an atmosphere of trust through rigorous preparation. I conduct both joint and separate pre-mediation conferences. I request pre-mediation statements that answer specific questions about the parties’ positions (legal and factual), interests, personalities, and settlement discussion history. This preparation allows me to identify gaps between the real sources of conflict before the mediation begins. It also enables me to move efficiently when the mediation starts. At the mediation, I emphasize that the goal is to reach a deal, not to win. I use active listening, questioning, reality testing, and risk-reward analyses to help parties understand their exposure and the practical consequences of any impasse. Working in both caucus and tailored joint sessions as needed, my style is best described as confidential and neutral facilitation and suggestion. I also offer evaluation when requested, especially if it clarifies options or exposes unrealistic expectations. The parties own the dispute, and they must live with the outcome. Accordingly, I request that the parties send representatives with full settlement authority, and I encourage their active participation in the process. At the same time, I respect their decisions, even when they reject proposals. That being said, I am a determined mediator; I do not give up on the parties or the process. When parties reach impasse, I deploy new perspectives or reframed options to move the negotiation forward and prevent it from stalling. My approach has consistently brought parties back to the bargaining table to reach a negotiated settlement.

Available for arbitrations and mediations by video conference as well as in person. Conversant in online platforms such as Zoom, Microsoft Teams, LoopUp, BlueJeans, GoToMeeting. Uses bespoke video conference protocols for each matter, working with parties' needs. Willing and able to work with online case management and document sharing platforms, including AAA WebFile, and electronic documents and exhibits. Encourages use of technology to augment hearing efficiency while not compromising confidentiality or ethics. Signatory of the Green Pledge of the Campaign for Greener Arbitrations. Employs effective cybersecurity protections, including VPN, anti-virus/antimalware software, and multi-factor authentication. Completed AAA-ICDR's cybersecurity training. Conversant in use of AI and associated concerns.

Harvard University (JD, cum laude - 1987); Yale University (BA, History, summa cum laude, Phi Beta Kappa, with distinction - 1984).

Admitted to the Bar: New York (1988).

New York State Bar Association: Co-Chair, ADR Committee of Entertainment, Arts and Sports Law Section; Member ADR Section Westchester County Bar Association: (previous) Board of Directors and Executive Committee member, Chair, Business & Commercial Law Committee; (current) Alternative Dispute Resolution Committee; Business & Commercial Law Committee; Intellectual Property Committee; Cannabis Law Committee. The Intellectual Property Strategist Law Journal (Board of Editors 1995-2023). Westchester County Fair Campaign Practices Committee (Member, hearing disputes regarding political candidates' campaign practices).

DISPUTE RESOLUTION PUBLICATIONS: “How Did Your Virtual Arbitration Hearing Go?”, NYSBA Dispute Resolution Section’s Resolution Roundtable 6/2020; "Discovery in Arbitration," Westchester County Bar Assn (WCBA) 10/2014; "A Practical Guide to Arbitrating IP Disputes," The Intellectual Property Strategist 5/2004; "Arbitration Gains Acceptance as a Means of Resolving Intellectual Property Disputes,” The Intellectual Property Strategist 5/2004. DISPUTE RESOLUTION SPEAKING: "Consumer Arbitration Clauses in the Mass Filing Era," NYSBA 10/2025; "AAA’s Clause Builder: A Proactive Tool for Drafting ADR Clauses in Contracts" NYSBA 2/2025; “Mindfulness in Negotiation,” NYSBA, 10/ 2024; "High-Profile Arbitration & the Press: What about Confidentiality?: NYSBA 5/2024; "Why is Arbitration Ideal for Resolving Cannabis Industry Disputes," NYSBA, 9/2023; “Permanent Injunctions in Arbitration: Functus Officio Doctrine Dilemmas,” AAA, 4/2023; “How a Mediator helped reach Settlement in Dominion v Fox,” Mediator in the Middle Podcast, 4/2023"'; Ready to Resolve: Preparing for Mediation," WCBA 3/2023; "Tough Calls and Recovery Practices in Arbitration", NYSBA 12/2022; “Best Practices: Roundtable on Different Approaches to Arbitration,” NYSBA 9/2021; “Online Commercial Mediation and Arbitration Best Practices-The Neutral’s and Advocate’s Perspectives,” Practicing Law Institute Studio Briefing 7/2021; “Lessons Learned from Online Mediation/Arbitration in Commercial Cases,” WCBA 3/2021; “Hot Topics in Dispute Resolution from the NYSBA Resolution Roundtable Blog,” NYSBA 2/2021; "Intellectual Property & ADR: Resolving Disputes Out of Court," ACR-GNY 6/2019; "New Paradigm for ADR in Intellectual Property Litigation," WCBA 6/2019; "Advocacy and Civility in Arbitration – Do They Go Hand in Hand," WCBA 4/2017. OTHER PUBLICATIONS: "Brand Trophy Pardox," The Trademark Lawyer, Issue 3 2025; "NFTs and Loyalty Programs: Business Opportunities Twinned with Legal Risk," EASL Journal, NYSBA Summer 2023; “5 Advertising and Marketing Law Trends to Take You Through 2020,” Inside, NYSBA Summer 2020; "Photographs on the Internet" The Intellectual Property Strategist, June, 2019; “Social Media: How to Avoid Trouble with the Law and the FTC,” Interview subject, www.Forbes.com, August 2017; “Manufacturers vs. Exclusive Distributors: Who owns the trademarks?” The Intellectual Property Strategist, August, 2017; “Copyright Challenge to ‘We Shall Overcome’ Proceeds,” The Intellectual Property Strategist, February, 2017; “Native Advertising: FTC Guides Brands to Avoid Deceptive Commercial Speech,” INSIDE, NYSBA Spring/Summer 2016; “Crazy for Fair Use,” The Intellectual Property Strategist, November, 2015; “Supreme Court Upholds Lanham Act Claim In Juice Wars,” The Intellectual Property Strategist, July, 2014. OTHER SPEAKING: "Who Owns the Idea? Legal and Ethical Challenges for the AI Era", Columbia University 2/2025; "Prize Promotion Essentials", ACI Advertising Claims Substantiation, 4/2024; "The NFT Marketplace: Philosophy, Legal Issues, and Risk", presented at PLI, NYSBA and ALM throughout 2022; "Using Consumer Content in Advertising," PLI Hot Topics in Advertising Law , 6/2021; “Hot Topics in Advertising and Marketing,“ PLI Advanced Trademark Conference, 3/2021; “Legal Challenges Facing Restaurants During and After a Pandemic,” NYSBA, 11/2020; "Differentiating Substantiation Requirements for Manufacturers and Retailers," ACI Advertising Claims Substantiation, 1/2020; "NYC Restaurant Law: Are You Ready for Business?", NY County Lawyers Assn, 3/2019; “Fundamentals of Advertising Law: How to Create Legally Compliant Campaigns that Protect Your Intellectual Property”, Clear Law Institute, 1/2018; “Understanding the Role of Each Member of Your Claims Substantiation Team” ACI Advertising Claims Substantiation,1/2018; “Design Meets Intellectual Property”, BDNY, 11/2017.

Midtown New York City, Westchester County, other locations within 60 minutes commuting time from neutral's offices. Outside of these areas or for multi-day hearings regardless of location, charges are in arbitrator discretion.

Hourly Rate: $835.00 Daily Rate: Not provided Study Rate: $835.00/hr Cancellation: $3,500.00/Day Cancellation Period: 2 Days Comment: Open to alternative fee arrangements in certain instances. Hourly rate charged for all meetings and conferences (in person, telephonic, or by other electronic means). Available to serve nationwide and worldwide in addition to in and around New York City metropolitan area. Reasonable travel expenses and out of pocket, including hotel and meal expenses, and travel rate may apply if the hearing is located more than 60 minutes' commuting time from neutral's offices. Multi-day hearings may include travel and out of pocket hotel/meal expenses regardless of location, at Arbitrator's option. Cancellation rate applies only to the first scheduled hearing day. Cancellation notice must be given by close of business (5pm Eastern) two business days before first scheduled hearing date to avoid Arbitrator having the option to charge the cancellation rate. Parties responsible for any non-cancellable expenses, regardless of when cancellation notice received or whether Arbitrator exercises the option to charge the cancellation rate.

English

United States of America

Bedford, New York