Mediator Resume

Esteemed by peers for professional training, judgment, and years of experience, elected a Fellow of the College of Commercial Arbitrators (CCA). Has served as chair and panel arbitrator for more than 20 years in a variety of disputes ranging from two-party contractual controversies to nine-figure complex multi-party proceedings. Member of the AAA-ICDR International and Technology Panels, its Large, Complex Commercial and Real Estate Panels, as well as the AAA's Consumer Panel. Well-known for an affable demeanor, thorough preparation and even-handed management of hearings, awards are well-reasoned and regularly confirmed.

Rundle Law Corporation - Managing Shareholder

Independent Arbitrator - U.S. & International

Rundle Law Corporation, 2006-Present; Quinby & Rundle Law Corporation, 2003-2006; Arter & Hadden, LLP, 1995-2003; Lewis, D'Amato, Brisbois & Bisgaard, 1993-1995; Collisson & Kaplan, 1987-1993; King & Williams, 1985-1987.

TECHNOLOGY & MANUFACTURING Represented parties in the design, testing and manufacture of materials, components, parts, sub-assemblies and finished products in technology products and medical equipment. Negotiated, defended and enforced supply-chain contracts and OEM, ODM and Master Service Agreements. Among the issues negotiated and/or giving rise to later disputes were, for example: • Warranty triggers and repair / replacement protocols and obligations; • Quality assurance, field failure reporting, root cause investigation & analysis & remedies; • Engineering qualification, production validation, shipping, installation, and service; and • Trade secrets, IP licensing, non-disclosure agreements (NDA), regulatory/export controls. Claims have involved breach of contract/warranty, trade secret misappropriation, negligence, fraud, unfair competition, infringement, product defect, limitation of liability, termination, liquidated damages. Extensive experience representing parties involved in commercial construction disputes concerning the specification, application and maintenance of high-tech surface finishes in semiconductor and electronic device clean rooms, medical research facilities and similar construction projects. CONTRACTS & BUSINESS TORTS Frequently represented parties in disputes arising from written, oral or implied contracts which often involved business tort claims such as breach of fiduciary duty, fraud and concealment, interference with contract and/or prospective economic advantage, and negligence. Whether involving partnership and joint venture agreements, investment agreements, shareholder agreements, distribution agreements, buy-sell agreements, LLC/LLP operating agreements, management contracts, professional engagement / retainer agreements, commercial leases, promissory notes and secured transactions, software licensing agreements or some other form of agreement, similar contractual issues often arose, including: • Battle of the forms (request for quote, purchase order, invoice, etc.); • Parol evidence rule and contract interpretation; • Notice of breach and opportunity to cure; • Measure of damages, limitation of liability, mitigation, and liquidated damages; • Termination for cause or convenience; • Professional negligence and standard of care; and • Gross vs net profits, accounting, revenue and distributions. Work has involved commercial / industrial leases (return condition and duty to maintain and repair roof and HVAC systems); management, revenue distribution and usurpation of business opportunities in medical, legal, architectural, brewery, cannabis, real estate, software partnerships and joint ventures; choice of law and conflicting forms for semiconductor design and packaging; conditions precedent for medical device distribution agreement; force de jure defense in agricultural commodity brokerage and shipping agreement; undisclosed liabilities / overstated assets in professional services buy-sell agreements. TRADE SECRETS & INTELLECTUAL PROPERTY Has represented clients involved in the development and use of various software products, including web-based CRM and workflow management tools, tele-health internet-of-things (IoT) solutions, and fault detection software for critical infrastructure, equipment and components. Lead arbitration counsel in successful “bet the company” dispute concerning software development joint venture, misappropriation of trade secrets, breach of fiduciary duty and accounting. Often engaged to represent parties concerning trade secrets and non-compete / unfair competition issues both before and after changes of employment. Significant experience with identification and protection of trade secrets (customers, pricing, margins, process "know-how"), discovery, provisional remedies, and state and federal claims of unauthorized computer access.

Though primarily an arbitrator in U.S. and international disputes, has utilized that experience and extensive mediator training to help parties and counsel find solutions to their disputes - often on a last-minute basis during trial or arbitration.

Actively engages with counsel by telephone or videoconference, frequently one-on-one, well-before sitting down with all counsel and party representatives in a formal mediation session. With rare exceptions, conducts mediations in-person. Whether a joint session or separate caucus will depend largely upon party dynamics and the wishes of counsel and their clients. Although each matter requires some adaptation of one's mediation style, on the evaluative-facilitative scale, is more evaluative. Frequently, the need to engage in mediation does not become readily apparent until trial or arbitration is just around the corner, or already underway. Conducts mediation activities to accommodate counsel during this stressful time - as needed - by organizing meetings during evenings, on weekends, and at any location that best meets their needs.

Available for in-person, hybrid or fully remote hearings. Hands-on use of business and legal software, tools and AI products. Understands the use of code comparison, review and audit tools in the context of trade secret and IP disputes. Fully conversant with ESI tools, protocols and software. Has worked with machine learning tools and AI algorithms in connection with product and systems prognostics and health management (PHM) monitoring (e.g., aircraft and marine engine performance and fault detection; electronic device use condition monitoring and fault prediction).

University of California, Hastings College of the Law [now known as UC Law SF] (JD - 1985); University of California, Irvine (BA - Classics, cum laude, Phi Beta Kappa - 1982).

Admitted to the Bar: California (1985).

Fellow, College of Commercial Arbitrators (CCA); Association of Business Trial Lawyers (ABTL); Los Angeles & Orange County Bar Associations; California Arbitration (CalArb).

Member, Board of Editors, Dispute Resolution Journal®" - A Publication of the American Arbitration Association® - International Centre for Dispute Resolution® • "International Tools in Domestic Arbitration," (November 25, 2025 - with R. Glick & G. Benton); • "Panel Relations & Dynamics," (July 22, 2025 - with D. Rothman); • "Generative AI and the Arbitral Award," (February 25, 2025); • "The Use & Management of Experts in Arbitration," (August 27, 2024); • Moderator / Panelist (April 17, 2024), "Preliminary Hearings in Arbitration: Best Practices & First Impressions," California Lawyers Association (CLA), Litigation Section, ADR Committee; • "Current Arbitration Issues Concerning Protective Orders, Jurisdiction & Enforcement," (July 25, 2023); • Guest Lecturer, University of Maryland, A. James Clark School of Engineering, 2001 - Present (Reliability, Prognostics & Health System Management, Warranty, Supply Chain, Manufacturing, and Related Legal Issues); and • Electronic Product Failure - A Case Study (April 2023). Additional information available at RundleLawCorp.com/presentations

Available throughout California and the United States. Travel time and expenses are not billed. Whether your hearings take place in California, New York, Texas, Florida or elsewhere, the arbitrator's travel time and expenses are treated as overhead and not passed through or charged to the parties.

Hourly Rate: Not provided Daily Rate: Not provided Study Rate: Not provided Cancellation: Not provided Cancellation Period: Not provided Comment:

English

United States of America

Dana Point, California