Mediator Resume

Broad background in resolving intellectual property, joint venture, co-development, biotechnology, information technology, insurance, financial services, employment and other disputes across a wide range of industries.

Mayer Brown LLP - Partner Northwestern University Pritzker School of Law - Adjunct Professor Northwestern University Feinberg School of Medicine - Adjunct Professor

Attorney, Arbitrator, Mediator, Adjunct Professor

Partner, Mayer Brown LLP, 2002 - Present; Adjunct Professor of Law, Northwestern University Pritzker School of Law, 2010 - Present; Adjunct Professor, Northwestern University Feinberg School of Medicine, 2010 - Present; Lecturer in Law, University of Chicago Law School, 2014 - 2020; Partner, Dentons, 1992 - 2002; Department of Justice, 1988 - 1992; Visiting Scholar, Yale Law School, 1985 - 1986; Law Clerk to Hon. Wm. J. Bauer, U.S. Court of Appeals for the Seventh Circuit, 1982 - 1984.

Litigation, arbitration and mediation practice that emphasizes complex domestic and international disputes in a wide range of areas, including the following: COMMERCIAL CONTRACTS: liability and damages claims in software, pharmaceutical, medical device, biotechnology, insurance, IT, computer, financial services, investment, construction, health care and pharmacy benefits contracts. LICENSE DISPUTES: liability, damages, royalties and IP infringement claims in IT, software, pharmaceutical, medical device, financial services and construction license agreements. JOINT VENTURE AND CO-DEVELOPMENT AGREEMENTS: liability, damages, IP infringement and breach of fiduciary duty claims in pharmaceutical, biotechnology, medical device, software, IT, and construction joint ventures. INTELLECTUAL PROPERTY: validity, infringement, damages and royalty claims in patent, trademark and trade secret cases in the pharmaceutical, biotechnology, medical device, financial services, computer, IT and insurance industries. EMPLOYMENT: wrongful termination, executive compensation, whistle blower, ERISA and wage-and-hour claims in the financial services, health care and insurance industries. MERGER & ACQUISITION DISPUTES: price adjustment disputes; breach of reps & warranties; material adverse event disputes. HEALTH CARE: IT contract disputes; regulatory issues; data privacy, drug and supply acquisition disputes. HEALTH CARE AND LIFE SCIENCES: payer-provider disputes; hospital and health care software systems; pharmacy sales and benefits; life sciences R & D agreements; life sciences co-marketing agreements; and life sciences distribution agreements. INFORMATION TECHNOLOGY: IT services agreements; software and other IT licenses; software development agreements; outsourcing contracts; supply chain agreements; artificial intelligence FINANCIAL SERVICES AND INSURANCE: property & casualty coverage, reinsurance, internal and outside audits, financial risk assessment, and D & O coverage claims. PROFESSIONAL LIABILITY: accountant and attorney liability, breach of fiduciary duty claims, professional services agreements. Currently serves as both an appointee to the SVAMC's list of the World's Leading Technology Neutrals and a member of the AAA-ICDR Life Sciences Arbitration Panel. Also serves on the Review Committee of SVAMC's AI Task Force in drafting guidelines in the use of AI in US and International Arbitrations. Having served as both a neutral and an advocate in a wide range of IP and IT disputes, has extensive experience in dealing with life sciences technologies (especially in the drug development, gene-based therapies and diagnostic spaces), IT technologies (including software licenses and AI) and all technology-based license and development disputes.

Mediation experience includes cases involving patent and software licensing, intellectual property, information technology, patent ownership, trade secrets, employment agreements and other complex commercial disputes.

Representative issues include alleged misappropriation of trade secrets and/or other proprietary information; alleged breach of a Data Center Infrastructure Management contract; alleged breach of software development agreement; alleged breaches of IP and IT licenses; alleged breach of a non-solicitation agreement; and wrongful termination.

To prepare for a mediation, I ask each party to provide a mediation statement setting forth their respective factual and legal positions. I also request copies of the relevant contract, as well as any other highly relevant documents. With this background, I schedule a conference call with counsel for each of the parties so that I can understand the complexity of the factual, legal and (perhaps most importantly) business issues. At the mediation session, I generally do not ask the parties to make opening statements (unless requested), but instead make some introductory remarks about the importance of both good faith and compromise to a successful mediation. After this introduction, I meet separately with the parties to assist them in reaching an informed assessment of their respective litigation risks. As part of this process, I explore the possibility of creative ways to reach a business resolution that accommodates the business interests of both parties. In my experience as both a mediator and an advocate, this approach has been the most effective in reaching a negotiated resolution.

Substantial experience in all aspects of biotechnology, gene-based therapies, gene editing, drug development, diagnostic technologies, information technology, software development and artificial intelligence.

Yale Law School (Visiting Scholar - 1986); Northwestern University School of Law (JD, Articles Editor, Northwestern University Law Review); Indiana University (BA with High Honors, Phi Beta Kappa).

Admitted to the Bar: Illinois; U.S. District Court: Northern Illinois Trial Bar (1986); U.S. Court of Appeals: Second, Seventh and Federal Circuits; U.S. Tax Court.

Fellow, Chartered Institute of Arbitrators; Appointee, List of World's Leading Technology Neutrals, Silicon Valley Arbitration and Mediation Center; Fellow, American College of Trial Lawyers; Member, US Council for International Business Intellectual Property Committee; Member, International Chamber of Commerce Commission on Intellectual Property; Board of Directors, Lurie Children's Hospital of Chicago Research Center (2013-23); Lecturer, University of Chicago Law School (2015-2020); Adjunct Professor, Northwestern University Pritzker School of Law; Adjunct Professor, Northwestern University Feinberg School of Medicine.

"Novel IP Issues Arising from AI: The Coming Challenge for Arbitration," ABA Section on Alternative Dispute Resolution (April 25, 2025) "Using AI in US and International Arbitrations," Silicon Valley Arbitration and Mediation Center (Feb. 27, 2024 "Emerging IP and Tech Issues in U.S. and International Arbitration," Silicon Valley Arbitration and Mediation Center Panel, New York Arbitration Week (New York, New York) (November 19, 2024) "Recent Developments in US Patent Litigation," IBA 10th Annual World Life Sciences Conference (Madrid, Spain) (May 31, 2024) "Using AI in US and International Arbitrations," Silicon Valley Arbitration and Mediation Center (Feb. 27, 2024 "Procedural Flexibility in International Arbitration, " Jus Mundi (January 15, 2024) "Arbitrating Life Sciences Disputes," IBA 8th Annual World Life Sciences Conference (Paris, France) (May 30, 2022) "Key Issues in Arbitrating COVID-19 Contract Disputes," Law360 (May 18, 2020) "Arbitrating Trade Secret Disputes," Financier Worldwide (January 2020) "Intellectual Property and Investor-State Arbitration," Law360 (March 9, 2019) "Arbitrating Life Sciences Disputes," IBA 6th Annual World Life Sciences Conference (Philadelphia) (May 31, 2019) "IP and IT License Disputes in International Arbitration: Winning Strategies," Mayer Brown Webinar (October 23, 2019) "Resolving License Disputes Through Arbitration: US and International," Mayer Brown Webinar (October 18, 2018) "Recent Rule Changes in International Arbitration," ICDR-Mayer Brown (May 24, 2016) "Winning in International Arbitration: Effective Advocacy," ABA Section of Litigation Annual Conference (April 15, 2016) "Using Experts in International Arbitration: Different Circumstances, Different Rules," ICC-YAF (Chicago, IL) (October 6-7, 2015) "Effective Advocacy in International Arbitration," ICC Conference (New York) (December 9, 2013) "Arbitration and Technology Disputes," Silicon Valley Association of General Counsel (Palo Alto, CA) (5 December 2013) "Tax & IP – How to Manage Competing Considerations," ATLAS Fifth Annual Taxation of Intellectual Property Conference (October 2009) "Recovering Damages in Patent Cases," PWC Leadership Conference (Scottsdale, AZ) (16 February 2006).

Hourly Rate: $850.00 Daily Rate: Not provided Study Rate: $850.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Does not charge for travel and does not charge a cancellation fee.

English

United States of America

Chicago, Illinois