Mediator Resume

Splits time equally between being an independent lawyer and acting as an ADR Neutral. As a lawyer, works primarily as a commercial lawyer, assisting a wide range of clients (including start-ups) with intellectual property and international commercial transactions and companies. As an ADR Neutral, has mediated and arbitrated a broad range of disputes including engineering disputes, biotechnology disputes, pharmaceutical cases, Information Technology matters, and a wide range of cross-sectorial technological and/or cross-border disputes.

LAWTECH.CH -- Etude de Me Jeremy LACK (Switzerland) – Owner and Principal Independent Attorney-at-Law and ADR Neutral INNOVADR LTD -- Executive Director & General Counsel

CURRENT POSITIONS:¶ Managing Director and General Counsel, INNOVADR Ltd (Switzerland), 2023-Present; Ombudsperson, DRUGS FOR NEGLECTED DISEASES INITIATIVE (Switzerland), 2018-Present; External Counsel, HELVETICA AVOCATS (Switzerland), 2012-Present; Door Tenant, Quadrant Chambers (UK), 2007-Present; Co-Founder, NEUROWARENESS (USA), 2006-Present; Founder/Principal, LAWTECH.CH (Switzerland), 2003-Present. PAST POSITIONS (NB: Several held simultaneously on a part-time basis):¶ General Counsel, MINDMAZE GROUP LTD (Switzerland), 2016-2023; Of Counsel, CHARLES RUSSELL SPEECHLYS LLP (United Kingdom), 2012-2019; General Counsel, SONARSOURCE SA (Switzerland), 2011-2023; Partner, ALTENBURGER LTD, legal + tax (Switzerland), 2008-2011; Of Counsel, PEARL COHEN ZEDEK LATZER LLP (USA/IL), 2007-2014; Part-time faculty, ECOLE POLYTECHNIQUE FEDERALE DE LAUSANNE (EPFL) (Switzerland), 2005-2021; Of Counsel, Etude ZPG (Switzerland), 2002-2007; CEO & General Counsel, NOVIMMUNE SA (Switzerland), 1998-2000; CEO & General Counsel, MEDABIOTECH SA (Switzerland), 1998-2006; International Attorney & EU IP Counsel, BECTON DICKINSON & CO (USA/France), 1995-1998; Associate Attorney, FISH & NEAVE (USA), 1989-1995.

Worked as an international mediator since 2000 and as an independent attorney since 1989. Ranked by Who’s Who Legal as a national leader since 2010, as one of the ten most highly regarded mediators in 2011, as one of the most highly regarded firms in 2102 and 2013, and as a Global Elite Thought Leader in Mediation from 2019-2024. Started as a patent litigation attorney with Fish & Neave from 1989-1995 in the USA and then worked as in-house counsel for Becton Dickinson, Inc. from 1995-1999 in Franklin Lakes, NJ (US) and in Grenoble (FR). Moved back to Switzerland in 1999, and established LAWTECH.CH and helped to launch and/or manage several start-up companies, including Medabiotech SA, NovImmune SA, SonarSource SA, and MindMaze Group SA. Was also a partner with the Swiss law firm Altenburger SA legal + tax and currently serves as of Counsel to Helvetica Avocats. Works with a broad range of international clients and NGOs. Has handled over 500 commercial mediations and occasionally works as an arbitrator. Specialises in complex cross-border commercial and/or intellectual property disputes, and also in a range of "mixed mode" processes, helping clients to design bespoke dispute resolution processes based on client's procedural needs and interests, taking into account costs, time, relationships, enforceability of outcomes and self-determination/risk allocation. In addition to being an internationally certified mediator, is an independent lawyer admitted to the bars of England and Wales (1989), New York (1990), various US Federal Courts (EDNY, NDNY, SNDY, CAFC) and the USPTO (1991), and the Geneva Bar Association in Switzerland (as a foreign lawyer in 2003). Has worked on several domestic and international litigations (in the USA and in Europe) in both common law and civil law jurisdictions, and on several international institutional arbitrations, acting as counsel, sole arbitrator, wing arbitrator and mediator both in ad-hoc and in institutional cases (e.g., AAA/ICDR, ICC, SIAC and SIMC). Specializes in complex commercial and technology disputes, helping to design and implement mixed mode or guided choice processes as may be appropriate to each case. Most of the over 300 mediations to date involve complex cross-border cases, ranging in value from six digit figures (e.g., for disputes involving start-ups) to hundreds of millions of US Dollars. These include ad-hoc and institutional mediations with leading ADR institutions around the world in North America, Europe and Asia. Over 90% of cases have settled, providing significantly faster, cheaper and providing better outcomes than would have been achieved in litigation or arbitration. Additional activities: Quadrant Chambers (UK) – Barrister & Door Tenant Helvetica-Avocats (Switzerland) – Of counsel Toolkit (the Netherlands) –Advisor Sonarsource SA -- External Counsel Mindmaze Group SA – Counsel Counsel (external) NEUROAWARENESS.com and INNOVADR.com – Co-Founder Drugs for New Diseases Initiative (DNDi) – Ombudsperson

Mediated over 500 commercial disputes since first trained as a mediator in 1996. Most of cases have been resolved within four half-day sessions and with a settlement rate over 90% using Guided Choice and mixed-mode processes. Worked as a mediator, conciliator, arbitrator, ADR process advisor, settlement Counsel and Mixed Modes Facilitator in the USA, Europe and Asia. Conducts institutional and ad-hoc mediations, often as a co-mediator, working with other mediators or conciliators in other jurisdictions. Accredited and/or conducted mediations in the USA, Europe and in Asia, including by/for: • Centre de Mediation et d'Arbitrage de Paris (CMAP), France • Centre for Effective Dispute Resolution (CEDR), UK • Chambers of Commerce of Milan and Florence, Italy • CPR: International Institute for Conflict Prevention & Resolution, USA • The State of Geneva, Switzerland • Institut Français de Certification des Médiateurs (IFCM), France • International Centre for Dispute Resolution (ICDR) USA & Europe • International Chamber of Commerce (ICC), France • International Mediation Institute (IMI), Netherlands • International Trademark Association (INTA), USA • Legal Rebel, Netherlands • Swiss Chamber of Commercial Mediation (SCCM/CSMC/SKWM), Switzerland • Singapore International Mediation Centre (SIMC) and Singapore International Mediation Institute (SIMI), Singapore • World Intellectual Property Organization (WIPO), International. Examples of mediations include: - Sole ad-hoc mediator in a mining dispute between a South American party and a European parties for a value of EUR 250 million. - Sole ad-hoc mediator in the restructuring of a specialist family business that involved 18 transactions, tax rulings and corporate restructurings for a value of USD 140 million. - Sole institutional mediator in a patent and technology dispute in the field of IT hardware components for a value of approx. USD 80 million. - Lead co-mediator in a complex institutional case involving European and Asian consumer goods dispute involving several countries and companies, for a value of >$20m. - Sole mediator in a cross-border dispute regarding the design and supply of laser physics equipment between parties from common law and civil law jurisdictions - Sole ad-hoc mediator in a pharmaceutical dispute involving the termination of a joint venture regarding a successful line of products - Lead co-mediator in an ad-hoc technology trade secret dispute between an engineering company and a large US corporation (approx. value of dispute = US$ 70 million) - Sole ad-hoc mediator appointed by the parties in an IT dispute regarding the technical specifications of an interactive website - Court-appointed mediator in a criminal matter, involving members of a large family-owned business - Sole institutional mediator in a commodities trading dispute between a large Eastern European Group and a Southern European purchaser, in parallel with institutional arbitration proceedings (value = EUR 16 million) - Sole mediator in an institutional patent dispute with parallel court proceedings pending in several countries involving a US multinational and a large European competitor (Approx. value of the dispute > Euro 20 million) - Sole court-appointed mediator in an ad-hoc insurance dispute between a foreign claimant and a Swiss insurance company following ten years of proceedings - Sole ad-hoc mediator between two partners in a start-up venture. - Sole ad-hoc mediator in a dispute between venture capitalists and the management of a portfolio company.

Ad-hoc mediation: A multi-party international commercial dispute involving a leading industrial concern, the supplier of large-scale engineering equipment, insurers, reinsurers, and claims of over US$ 250 million. The mediation involved 23 participants and was resolved over a three-month period, including one full day and two half day sessions. Acted as mediator appointed by the parties, who had different expectations of mediation as a process when initiating the proceedings. The parties were able to design a mutually acceptable process, exchange new information, and generate new business opportunities. (Approx. value of dispute € 250 million). Institutional Mediation: Acted as co-mediator in a technology trade secret dispute between an engineering company and a large US corporation. (Approx. value of dispute US$ 70 million). Ad-hoc mediation: Acted as mediator appointed by the parties in an IT dispute regarding the technical specifications of an interactive website. The matter was fully resolved and settled within 30 days of initiation of the proceedings, in one full day session, despite the reluctance of the parties to try mediation. (Approx. value of dispute: CHF 1’000’000). Institutional Mediation: An employment dispute involving the Eastern European operations of a large multinational corporation. The mediation dealt with sensitive internal and external matters, and involved several stakeholders, including senior business executives located in Europe and the USA. The matter was resolved over the course of several months in one joint mediation session and several online sessions. Court-Appointed Mediation: Appointed as mediator by the court in a criminal matter, which was highly emotionally charged due to the involvement of members of a large international family-owned business. The matter was resolved within one day with two pre-caucus meetings. Institutional mediation: Commodities trading dispute between a large Eastern European Group and a Southern European purchaser. The mediation occurred in parallel with institutional arbitration proceedings. Acted as the mediator appointed by the parties. A settlement agreement was reached following 1.5 days of mediation and using a consecutive interpreter. (Approx. value of dispute > € 16 million). Institutional mediation: Real estate dispute between the heirs of an apartment complex, involving three generations of family members with diverging interests. The matter was resolved following 8 short mediation sessions, where the family members were also able to discuss and address other issues within the family. External experts and valuations were obtained. Acted as co-mediator together with a judge. (Approx. value of dispute > € 8 million). Institutional mediation: Software technology dispute involving international copyright and trademark issues between two Eastern European companies and a Western company, with parallel arbitration proceedings pending. Acted as the mediator appointed by the parties. The parties were able to resolve both the arbitrational and future business issues that concerned them in six half day sessions over a three-month period, after having considered several options. (Approx. value of dispute > € 3 million). Institutional mediation: Escalating patent dispute with over five years of court proceedings pending in several countries, between a US multinational and a large European competitor. Acted as the mediator appointed by the parties. The parties were able within one day to resolve all court proceedings and to clarify issues that had not been understood during the national court proceedings.

Jeremy uses a bespoke approach, initially focusing on the diagnosis and design of the process itself, before focusing on substantive issues. Each process is adapted to the procedural and cultural needs of each case, based on seven key drivers: 1. Costs and the disputants' budgets (this includes working on a capped fee basis) 2. Time constraints and deadlines 3. Relationships 4. Control of process (e.g., discovery, need for counsel, participation, caucuses, etc.) 5. Control of outcome (e.g., findings of fact or law) 6. Confidentiality 7. Enforceability (e.g., New York Convention and/or Singapore Convention issues, or Mixed-Mode process considerations for cross-border cases) Jeremy aproaches mediations as social, emotional and cognitive processes, where the role of the mediator needs to be adapted to the parties' proceudural needs and interests as well as their cultural needs. In some cases this may require helping the parties to de-escalate a conflict and reinstate or preserve personal relationships. In others it may be about purely transactional matters with no future business relationships. Each case is diagnosed and designed to respond the parties' needs for evaluative input or settlement proposals or adjudication of specific issues. Each process is adapted to the personalities of the key participants and any cross-cultural considerations. Jeremy's prefers to work collaboratively with counsel for the parties, and to provide disputants with greater procedural choices, often working with teams in separate preparatory sessions, leading up to joint meetings that have been fully prepared by all teams with a common understanding of one-another's procedural expectations. He often coaches clients and counsel, working together in teams, helping them to fill out preparatory exercise sheets (which they do not need to share with one-another or the mediator) and to prepare their opening presentations to optimize their impact. This helps the teams to have a similar degree of preparation and readiness for each case.

The International School Of Geneva, Switzerland (International Baccalaureate, higher level sciences - 1984) Oxford University, Lincoln College, United Kingdom (BA/MA, Law & Physiological Sciences - 1988) Options: biochemistry, pharmacology, cell biology, developmental biology, comparative English & French law, European Union law The Inns of Court School of Law, United Kingdom (vocational course for Barristers, Middle Temple - 1989 University Of London, King's College, United Kingdom, Postgraduate Diplomas, European Competition Law (1997), and Comparative Laws of Copyrights and Related Rights (2006)

Admitted to the Bar: UK Bar of England and Wales – Middle Temple (1989), New York State Bar (1990), New York Supreme Court (1990); U.S. District Court: Northern, Eastern, and Southern Districts of New York (1990); U.S. Court of Appeals: Federal Circuit (1990); U.S. Patent and Trademark Office (1991); CH Geneva Bar, European Union Lawyer (2003). Mediator certifications: AFIM, ASA, BCCI, CEDR, CMAP, CPR, ECDR, FSM/SDM, Geneva State Council, HUM/CMA, IBMS, IAM, ICC, INTA, IMI, JAMS International, Singapore Mediation Centre, SIMC, SIMI, SKWM/CSMC/SCCM, WIPO.

• The International Mediation Institute (IMI) (Member of the Independent Standards Commission and its taskforces on mixed modes, cross-cultural mediation, investor-state disputes, mediation advocacy, and IMI's Qualified Assessment Programs and QAP Audit Committee) • Middle Temple, London (Member) • The Geneva Bar Association (ODAGE) (Member of its Dispute Resolution Section) • The Academy of International Mediators (AIM) • The American Bar Association (ABA)’s Dispute Resolution Section (International Committee Co-Chair) • The Chartered Institute of Arbitrators (CIArb) (Associate Member; Past Chairman of its Mediation Sub-Committee) • The International Mediation Institute (IMI) (Member of its Advisory Council) • The Association Francophone Internationale de Médiation (AFIM) (Co-President) • The Geneva Chamber of Commerce and Industry (Advisor) • The Singapore International Mediation Institute (SIMI) • The Swiss Chamber of Commercial Mediation (past-president for Western Switzerland) • The Swiss Arbitration Centre • The Association Romande de Propriete Intellectuelle (AROPI) • The Groupe Rhone-Alpes de Propriete Intellectuelle (GRAPI) • The International Trademark Association (INTA) • The International Institute for Conflict Prevention and Resolution (CPR) • The Global Pound Conference Series, (Global Coordinator), an international initiative to improve access to justice and dispute resolution processes • Founder of NEUROWARENESS and INNOVADR Ltd (a novel ADR financing company, that helps to resolve disputes on a "no settlement, no fee" basis.

PUBLICATIONS: "The Neurophysiology of ADR and Process Design: A New Approach to Conflict Prevention and Resolution?" Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2011, Martinus Nijhoff Publishers, 2012; co-author, "Effects of outcomes and random arbitration on emotions in a competitive gambling task," Front. Psychology 2:213. doi: 10.3389/fpsyg.2011.00213, 2011; "Appropriate Dispute Resolution (ADR): The Spectrum of Hybrid Techniques Available to the Parties," chapter 17, ADR in Business, Practice and Issues Across Countries And Cultures, Kluwer Law International, pp. 339-79, 2011; Case Comment No. 7.2, "Mediating on the Wrong Side of the Law," Mediation Ethics: Cases and Commentaries by Ellen Waldman, pp. 177-99, Jossey-Bass, Wiley Press, 2011; "The Growing Need for ADR in IP Disputes," Intellectual Property Magazine, pp. 19-22, December 2010; co-author, "Finding an International Mediator: Identifying Suitable Candidates to Mediate an International Commercial Dispute," The Peacemaker, Vol. 24, No. 2 February 2010; "The New Swiss Rules of Commercial Mediation of the Swiss Chambers of Commerce and Industry: Possible Links to Arbitration," Muller/Rigozzi (eds.), New Developments in International Commercial Arbitration 2008, Schulthess Editions Romandes 2008, pp. 105-24, Nov 2008; co-author, "The Interaction Between Arbitration and Mediation: Vision vs. Reality, Dispute Resolution International, May 2007 Vol 1 no 1 (also published in SchiedsVZ 4/2007 – German Arbitration Journal, C.H. Beck Verlag, Munich, pp. 195-205; co-author, "Counterfeiting of Pharmaceuticals from an Intellectual Property and Public Health Perspective," OECD Economic Impact Research Report, 2006; "Management of Intellectual Property in Publicly-Funded Research Organisations: Towards European Guidelines," European Commission, Directorate-General for Research, EUR 20915 EN Working Paper, 2004; co-editor, LES European Technology Transfer Manual, ed. 1999. SPEAKING ENGAGEMENTS: Several workshops on "Applying Neurobiology to ADR and Negotiation," http://www.neuroawareness.com/references; "Train the Trainers: Neurobiology applied to Mediation," International Chamber of Commerce, Paris, Feb. 9th 2011; "Tools and Considerations for Cross-Cultural Dispute Resolution," Eastern District of New York's ADR Group, Dec 2, 2010; Presentation to and author of Chapter 25 of the Swiss-American Chamber of Commerce on the US-Swiss Income Tax Treaty Update 2010, Zurich, Nov. 17, 2010; "Using ADR Hybrids to Resolve IP Disputes: Why, When & How," AIPPI. Paris, Oct 4, 2010; "ADR of Healthcare Disputes" and the "The social brain during mediation: a tentative model," Union International des Avocats (UIA) on in Ljubljana, Slovenia, June 3-4, 2010; "Maximizing Brand Value: Top Tax Strategies for Brand Owners," article presented at INTA 2010 in Boston, USA, and co-written with B.W.S. Bassett and K. Butcher (Morgan Lewis) & M. Schottle (ExxonMobil); "Understanding the Mind in Trademark Disputes: Practical Considerations for INTA's Panel of Neutrals," INTA, Boston, MA, May 24, 2010; "Understanding the Mind in Peace Negotiations: The Neurobiology of Conflict and New Approaches to Dispute Prevention and Resolution" position paper and presentation for the James Martin 21st Century School, Oxford University, UK, Mar 10, 2010; "The Neurobiology of Conflict: Understanding Procedural Choices," European Court of Arbitration in Milan, Italy, Mar 4, 2010; "Mediation in Practice: Tools & Tips on Selecting an Institution & Mediator," International Chamber of Commerce (ICC) in Paris, France, Feb 11, 2010; "Hybrid Vigour and the Growing Use Of Combined ADR Processes for Cross-Border Disputes," 3rd International Conference by the Scientific & Methodological Center for Mediation & Law in Moscow, Russia, Oct 29, 2009; "Breakthroughs in the Neurobiology of Conflict and Negotiation," International Bar Association in Madrid, Spain, Oct 8, 2009.

Geneva, Switzerland. Flexible travel budgets are offered to start-up companies, NGOs and non-profit entities. Often mediates online and has several preparatory meetings online to save time and money for all disputants, especially for disputants working under tight deadlines or with shoestring travel budgets.

Hourly Rate: Not provided Daily Rate: $5,980.00 Study Rate: $760.00/hr Cancellation: $4,000.00/Day Cancellation Period: 5 Days Comment: The 1/2 day rate for a hearing or otherwise is US$3,000/half day. Parties located in Switzerland will be subject to Value Added Tax (VAT) at 8.1% An administrative fee of 3% may be added to invoices All rates are flexible any vary in accordance with the nature of each assignment. Fees for ADR services as a mediator are normally split evenly by the participants. These rates are indicative only, and assume a complex international commercial dispute.

English; French; Hebrew; Spanish

Israel; Switzerland; United Kingdom; United States of America

Switzerland