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Mediator Resume
Angela Foster, PhD, Esq.
Professional Summary
Capabilities run the gamut from resolution of domestic and international cases to settlement of multinational complex commercial disputes involving energy, employment, antitrust, intellectual property law disputes, healthcare agreement, health plans & systems, Artificial Intelligence, data, electronic stored information, financial law disputes, and breach of collaboration, supply and distribution agreements regarding manufacturing and commercialization of active pharmaceutical ingredients. Unique issues included whether: commercially reasonable efforts performed; royalties warranted in biochemical sublicense agreement; later discovered technology within the scope of an agreement; by-product of a pharmaceutical drug fell within contract.
Current Employer-Title
Law Office of Angela Foster - Principal
Profession
Attorney, Arbitrator, Mediator, Consultant, Negotiator, Referee, Special Master, Expert Witness, Educator
Work History
Principal, Law Office of Angela Foster, 2006-Present; Adjunct Professor, Seton Hall Law School, 2011-2012; Deputy Attorney General, New Jersey Attorney General Office, 2002-2006; Adjunct Professor, Rutgers University, 2003-2008; Associate, Gibbons, 2000-2002; Associate, Pennie & Edmonds, 1998-2000.
Experience
Trained both as an attorney and a scientist, has over 40 years of combined legal and scientific experience in biotechnology, pharmaceutical and medical devices. Litigated various matters in federal court including breach of contract, complex commercial and intellectual property disputes. Negotiated assignments and licenses relating to the transfer of copyrights and evaluated copyright implications of various commercial transactions, such as mergers and acquisitions, due diligence inquiries, moral rights and performance rights.
Served as counsel in matters involving breach of contract, breach of warranty, breach of fiduciary duties, tortious inducement of breach of contract and interference with prospective contractual relations, misappropriation of trade secrets, civil RICO, fraud, antitrust claims (including attempted monopolization and agreements in restraint of trade), negligent misrepresentation and alleged violations of unfair and deceptive trade practices statutes. Served as Deputy Attorney General for State of New Jersey defending the State against civil actions including employment discrimination and retaliation actions.
Has over a three decades of experience handling a wide variety of licensing and transactional matters involving all types of intellectual property in a diverse range of businesses, such as the pharmaceutical, biotechnology, chemical, biomedical, computer, software, entertainment, apparel, food, financial services and publishing industries.
Negotiated and defended license agreements for complex commercial matters including intellectual property rights, i.e., patents, trademarks, trade secret and copyright. Counseled and drafted license agreements involving development and commercialization collaboration agreements, supply product & development, supply chain, procurement and sourcing and manufacturing operations for cases involving technology in the pharmaceutical, biotechnology and medical device industries. Counseled and drafted contracts and license agreements involving the development of raw materials, intermediates, active pharmaceutical ingredients and other material components for clinical supplies and commercial manufacturing.
Counseled clients on privacy and cybersecurity issues related to product support programs and participation in research partnerships. Counseled clients on issues with human biological material storage and use and informed consent matters including clinical research. Advised clients on compliance strategies regarding data protection laws and clinical research.
Experience in the copyright field extends to diverse products and markets including computer software and documentation, music and entertainment, healthcare and life sciences, telecommunication, publishers, television companies, celebrity personalities and literary works. Negotiated assignments and licenses relating to the transfer of copyrights and has evaluated the copyright implications of various commercial transactions, such as mergers and acquisitions; due diligence inquiries; moral rights and performance rights.
Extensive experience in all aspects of trademark law, including searching and clearance of trademarks; prosecuting trademark applications; litigating trademark, trade dress, unfair competition and dilution matters in state and federal courts. Experience in trademark law extends to diverse industries including e-commerce; media; sports; entertainment; clothing apparel; information technology; and consumer goods & services.
Trade Secret experience includes disputes over nondisclosure agreements.
Was appointed by a district court as a special master in a patent infringement matter for a discrete issue regarding the scope of technology that should be allowed in a discovery issue.
Worked as a scientist prior to entering the legal field. Former Adjunct Professor for Seton Hall Law School.
Mediator Experience
Mediated several patent matters including a matter involving an international and domestic pharmaceutical licensing dispute of $100 million to $500 million.
Served as mediator for over 100 commercial disputes; three in the hotel/accommodation industry; one dealing with the office supplies industry; two in restaurant industries and six involving healthcare.
Mediated over 75 breach of contract and license disputes.
Mediated for six intellectual property disputes; five in pharmaceutical industry and one in literary field.
Mediated 10 employment disputes; two in the home repair industry; four in medical field; two in consumer products; and two in governmental affairs.
Served as mediator for two merger & acquisitions disputes; one dealing with specialty business equipment and one involving the baby food industry.
Mediated four environmental disputes; one between five insurance carriers; three between plaintiff and two insurance carriers.
Served as mediator for six construction disputes; four between contractors and subcontractors and two between owner and contractor.
Representative Issues Handled as a Mediator
Patent infringement case that involved whether later developed pharmaceutical drugs were included in license agreement.
License agreement involving whether later discovered/developed IT technology was within scope of the agreement.
Trade secret agreement breach involving healthcare IT technology
Product development and consulting agreement involving whether biotechnology techniques were included in agreement.
License agreement breach involving whether royalties were warranted in a biotechnology sublicense agreement.
Merger & acquisition disputes/franchise disputes (involving licensing agreements; failure to produce; financial covenants; financial accounting, misrepresentation); environmental (including property damage, insurance liability).
Construction disputes (including scope of work issues, change orders and claims for negligent design, defective workmanship, contract balance, acceleration and delay).
Intellectual property law disputes (including trademark & patent infringement, unfair competition).
Early Neutral Evaluation medical device license agreement dispute involving US, Beijing, Germany and Spain.
Employment discrimination and wrongful termination matters in federal and state courts.
Mediator Style & Process Preferences
Mediation provides a process for leveling the playing field in which parties feel that they are involved in the mediation process and can acquire the best resolution of the dispute. My approach is to provide an open and honest environment but simultaneously maintaining confidentiality and integrity of the process. I try to ensure that the parties feel their interest is being advanced without invoking any sense of bias. I also maintain control of the mediation process and detoxify any situation that may hinder the advancement of the process or sense of comfort for the parties. Further, I try to ensure that the parties walk away feeling they have reached the best resolution for their dispute.
Technology Proficiency
Experienced with online platforms like Zoom, Microsoft Teams, Goggle Meets, Skype, Cisco Webex and GoToMeeting and willing to conduct hearings/conferences using these platforms.
Experienced in electronic stored information (ESI) issues.
Practical experience with artificial intelligence (AI) including generative, i.e., ChatGPT, predictive and prescriptive AI.
Education
Rutgers University (PhD, Biochemistry - 1998); Rutgers Law School Newark (JD - 1998); Rutgers University (BA, Microbiology - 1980).
Professional Licenses
Admitted to the Bar: New York (2001), New Jersey (2000); U.S. District Courts: District of New Jersey, Eastern and Southern Districts of New York; U.S. Court of Appeals: Second, Third, and Federal Circuits; U.S. Supreme Court.
Licensed: U.S. Patent and Trademark Office, Registered Patent Attorney.
Professional Associations
College of Commercial Arbitrators (Fellow)
Charter Institute of Arbitrators (Fellow)
National Academy of Distinguished Neutrals
American Law Institute
World Intellectual Property Organization.
International Court of Arbitrators.
Silicon Valley Arbitration & Mediation Center (Tech List member/Treasurer.
London Court of International Arbitration
The International Arbitration Club of New York
American Bar Association (Section of Litigation – Division Director, Dispute Resolution Section)
New Jersey Bar Association (Dispute Resolution Section, past chair; New Jersey Lawyer Magazine Editorial Board, past Chair).
New Jersey Federal Bar Association.
American Intellectual Property Law Association
National Bar Association
Licensing Executive Society
Recent Publications & Speaking Engagements
PUBLICATIONS (selected): Using Mock Arbitration in Life Sciences Disputes. Dispute Resolution Journal Vol. 76 No. (2022); Disclosure and Admission of Evidence in the International Arbitration of Intellectual Property Disputes in Arbitration of International Intellectual Property Disputes, 379 (Thomas D. Halket ed., 2d ed., Juris Publishing 2021); Waiver of Privilege. Juris Publishing, Inc. December 15, 2015. AAA Handbook on Arbitration Practice, 2nd Edition. Chapter 35; Arbitration Deadlines are Real Deadlines. Spring 2015. Alternative Dispute Resolution Newsletter, Vol. 19. No.1.
SPEAKING ENGAGEMENTS (selected): Sound and Fury Signifying Something: Managing Expert Testimony in Arbitration. 2026 CPR Dispute Resolution Series. June 17, 2026; Exploring Technology & IP Disputes in Arbitration. June 4, 2026; The All-Important Preliminary Hearing. 2026 ABA Dispute Resolution Arbitration Institute. June 3, 2026; Avoiding Deadlocks and Delays: Launching AAA-ICDR Dispute Review Board in Life Sciences. AAA-ICDR Life Sciences Conference. March 5, 2026; Charting a Purposeful Path for Women Litigators in ADR. ABA 2026 Women in Litigation CLE Conference. February 13, 2026; Navigating Ethical Challenges for Arbitrators. College of Commercial Arbitrators. March 19, 2025. Chartered Institute of Arbitrators Accelerated Route to Fellowship (ARF). December 8 and 9, 2023; Arbitration of Life Sciences Disputes - Arbitrators' Roundtable. 2023 AAA-ICDR Domestic & International Life Sciences ADR Conference. December 7, 2023; Pharma & Life Science Disputes in New York and Beyond. 2023 New York Arbitration Week. November 15, 2023; Cross Cultural Negotiation ... How Do You Get It Right? American Bar Association (Live Webinar). September 12, 2023; Getting to the Right Decision. Institute of Conflict Prevention & Resolution 2023 Annual Meeting; Ask the Arbitrator: Best Practices in Commercial Arbitration - Tips from Leading Arbitrators and In-House Counsel. Chartered Institute of Arbitrators - North America Branch (webinar). February 24, 2023; Handling Arbitrator Misbehavior. New York State Bar Association Dispute Resolution Section. October 20, 2022; What's New? 2022 CCA Annual Arbitration Update. College of Commercial Arbitrators 22nd Annual Meeting. October 14, 2022; Tips for Drafting and Implementing ADR Clauses in Life Sciences Contracts. American Arbitration Association. September 13, 2022; To Arbitrator or Not. Association of Corporate Counsel. May 17, 2022. Webinar; The College of Commercial Arbitrators Presents: Convincing Your Arbitrators to Authorize the Discovery You Really Need in Your Commercial Arbitration. JURIS Conferences. May 4, 2022; Managing Cross-Border Life Sciences and Healthcare Disputes. ABA Section of Business Law Annual Conference. March 31, 2022; A Roundtable with Women of the College of Commercial Arbitrators. ABA Dispute Resolution Section Women in Dispute Resolution. February 4, 2022; Arbitrating Domestic & International Disputes - Are You Prepared? Corporate Counsel Business Journal. December 6, 2021; Resolved: Publication of Arbitration Awards by Administrating Organizations is Beneficial to the Arbitration of Technology Disputes. 2021 New York Arbitration Week. November 18, 2021; Decision Interrupted: Breaking Bias in Arbitration Appointments. College of Commercial Arbitrators 21st Annual Meeting. October 28, 2021; Explaining Complexity - Presenting Technical Information in Arbitration. 2021 ADR Day. New Jersey State Bar Association. September 30, 2021; Presenting your Case and Preserving the Award. American Inn of Court. August 18, 2021; All-Important Preliminary Hearing. ABA Dispute Resolution Training Institute June 14, 2021; Selecting Arbitrators for Life Sciences. CPR. May 14, 2021; Ensuring Efficiency in Complex Technology. SVAMC July 23, 2020.
Compensation
Hourly Rate: $1,562.50
Daily Rate: Not provided
Study Rate: $1,562.50/hr
Cancellation: Not provided
Cancellation Period: Not provided
Comment: Travel Policy:
Will charge for out-of-pocket expenses including travel and meals. Will charge for travel time at current rate only for time when unable to do other work while traveling.
Cancellation Policy:
(a) 50% of scheduled hearing days will be charged at the current rate for 8 hours per day if cancelled 15-30 days before the first hearing day.
(b) 100% of scheduled hearing days will be charged at the current rate for 8 hours per day if cancelled within 14 days or less before the first hearing day.
Once the mediation session has begun and is adjourned for any reason other than settlement, the remainder of reserved mediation time will be charged at the current rate for 8 hours per day.
Languages
English
Citizenship
United States of America
Locale
North Brunswick, New Jersey
