Mediator Resume

Experienced arbitrator and mediator with more than 35 years of legal and business experience in commercial, financial, technology, and employment disputes. Appointed in over 400 arbitrations, serving as sole arbitrator and chair. Background includes complex commercial litigation, corporate governance, M&A, investment banking, and intellectual-property matters, including AI and fintech sectors. Recognized for effective case management and a balanced, efficient, pragmatic approach to resolving complex disputes.

Welch ADR - Arbitrator, Mediator

Arbitrator, Mediator

Arbitrator and Mediator, Welch ADR, 2002 - Present; Founding Executive Director, Berkeley Center for Law, Business and the Economy, University of California, Berkeley School of Law, 2005 – 2006; Litigation Partner and Co-managing Partner, Ropes and Gray, 2003 - 2005; General Counsel of Robertson Stephens, 1995 - 2001; Litigation Special Counsel, O'Melveny & Myers, 1992 - 1995; Litigation Associate, Shearman & Sterling, 1989 - 1992; Litigation Associate, Keker & Brockett, 1988 - 1989; Law Clerk to the Honorable D. Lowell Jensen, U.S. District Court Northern District of California, 1987 - 1988.

More than 35 years of experience in commercial litigation, corporate transactions, and dispute resolution. Began career as a commercial litigator and later served as General Counsel of a technology-focused investment bank, advising on mergers and acquisitions, investment-advisor, employment, and broker-dealer matters. For the past 23 years, has served full-time as arbitrator and mediator in over 400 disputes, including party appointments and selection as chair. Extensive experience spans the following areas: • Trade Secrets and Intellectual Property: Disputes involving theft or misuse of proprietary information, licensing of technology, failure to pay royalties, and application of the California Uniform Trade Secrets Act. Handled cases in technology, financial services, and manufacturing sectors. • Technology and AI: Matters concerning software development, licensing, fintech, renewable energy, and emerging AI applications. • Antitrust and Competition: Experience with allegations of price-fixing, monopolization, and tying arrangements. • Contract and Commercial Disputes: Interpretation of agreements, indemnification, fraud in the inducement, rescission, and breach of the covenant of good faith and fair dealing. • Financial Services and M&A: Disputes arising from failed real estate syndicates, venture and hedge fund investments, fraudulent solicitation, and compliance with subscription agreements. • Partnership and LLC Dissolutions: Breach of contract and fiduciary duty, valuation of partnership interests, and accounting issues in business divorces across industries. • Employment: Discrimination (including gender, race, disability, age, and sexual orientation), wrongful termination, whistleblower, wage and hour, executive compensation, and ERISA matters. • Cannabis Industry: Licensing, venture funding, intellectual property, founder and board disputes, and compliance with California regulatory framework. • International Disputes: Cross-border cases involving parties from Asia, Mexico, Canada, and Europe, including claims of breach of contract, fraud, trade secret theft, and fiduciary duty. • General Business Matters: Tortious business conduct, attorney-client fee disputes, misappropriation of trade secrets, and valuation and accounting issues. Experience encompasses complex legal and business issues such as fiduciary duties, indemnification, jurisdiction and arbitrability, trade secret law, and conflict of laws involving Delaware, New York, and California statutes. Handled numerous cases requiring forensic data analysis and e-discovery protocols.

Mediation experience includes commercial, employment, and estate disputes. Recent representative matters include the following: Commercial: Dispute between two Fortune 500 companies over responsibility for payment for parts stolen by employee; issues included respondeat superior, calculation of cost of goods, including the application of GAAP rules; contractual damages limitation Supplier/manufacturer dispute between US and Chinese company; Business divorce: between two franchise owners in transportation industry; partners in a law firm Cannabis: three party dispute between manufacturer; licensor, and distributor Breach of contract: between the purchase of machinery and distributor of machinery. The dispute between a distributor of specialty machinery manufactured in Europe and large processor of agricultural products. Amount in dispute: $1,000,000 Failure to pay fees due in a purchase agreement of lab testing business Dispute over software renewal contract mistakenly signed. Amount in dispute: $4,000,000 Tripartite dispute between large grocery chain, product distributor and insurer based on breach of contract due to failure to pay for contaminated, recalled products. An additional issue of whether insurance policy covered the breach of contract. Amount in dispute: $1,462,000. Employment: Alleged wrongful termination due to gender discrimination. The dispute between the financial institution and female sales executive. The amount in dispute: $500,000. Alleged wrongful termination based on race. Estate: Complex dispute over disposition of billion dollar estate including division of intellectual property, investments, and real property.

Business divorces, including valuation of the partnership. Application of the law, including issues such as respondeat superior and the application of GAAP principles. Employment issues including the basis of termination and performance related or discrimination; gender discrimination and compensation plan disputes. Contractual issues including fraudulent inducement, the authority of an agent, enforceability of contract when products are defective, unconscionability. Damages issues including mitigation and interest calculation. Insurance coverage issues including policy language, the scope of coverage. Risks of vacatur after an arbitration award.

Most cases settle, but they won't settle until the timing is right. That means the parties (and their counsel) must have the information needed to assess the strengths and weaknesses of their case and the range of settlement, from optimal ("I'm thrilled!") to acceptable ("I can live with this"). I ask initially if the parties have all the information they need, and if not, how I can facilitate obtaining the information. Preparation is central - in fact, most of the work in the mediation is accomplished through pre-mediation discussion and preparation, first, of both counsel, and then, confidentially with each counsel privately. The approach I utilize is having the parties exchange briefs and submit confidential statements to me. Often a dispute can be resolved through these discussions, particularly when the parties have a sense, guided by the mediator, of their potential exposure/recovery. Pre-mediation discussions include not only the strengths and weaknesses of the case but the range of settlement, the possibility of a structured settlement (particularly where there is an ongoing relationship) and the party dynamics. I want counsel to tell me how I can be most useful to their client. What does each counsel think are the obstacles to achieving a settlement? I will assess with counsel whether a joint session is useful. I will read every document and exhibit associated with the case to understand it thoroughly before entering the session. At the session itself, I work with each side in caucus to gain an understanding of what they believe the strengths and weaknesses of each side's case is. I do not start with numbers, but with a thorough understanding of what the parties believe and what they seek to accomplish. When it is time to get to the numbers, I work through them on each side, including the costs of proceeding in arbitration, both monetarily and regarding time expended. I bring my strong evaluative skills, from having served for 23+ years as an arbitrator. I also bring my good listening and emotional skills so that each party feels they are being heard and understood. I work patiently and do not give up until all avenues are exhausted, which typically (although not always) means after the session has concluded. The mediation is not over until it is reduced to a written settlement agreement.

Experienced in conducting arbitration hearings in-person, via videoconference, and hybrid formats. Proficient with Zoom, Microsoft Teams, and other web-based platforms for case management and hearings. Knowledgeable in managing electronically stored information (ESI) and related discovery issues. Maintains a fully digital office environment. Completed ClearBrief Academy training (May 2025); proficient in the use of AI tools to enhance efficiency and accuracy in arbitration processes.

University of California, Berkeley School of Law (JD, Order of the Coif - 1987); Antioch College (BA, anthropology - 1973).

Admitted to the Bar: California (1987); U.S. District Court: Northern District of California (1987) and Central District of California (1990); U.S. Court of Appeals: Ninth Circuit (1987).

College of Commercial Arbitrators (Immediate past-President; Member, Executive Committee); Silicon Valley Arbitration and Mediation Center (TechList); Co-Chair of ICCA 2028, to be held in San Francisco from May 7-10, 2028; Fellow, Chartered Institute of Arbitrators (FCIArb); California Arbitration, Inc. (Past President); American Bar Association, Dispute Resolution Section (Co-Chair, Annual Arbitration Training Institute, 2018-2020; Council Member, 2017-2020; Co-Chair, Arbitration Committee, 2015-2016); California Lawyers Association, Standing Committee on Dispute Resolution (Member, 2023-Present); California State Bar, Standing Committee on Alternative Dispute Resolution (Chair, 2013-2014; Member, 2009-2014; Chair, Ethics and Standards Committee); Berkeley Law Alumni Association (Board of Directors; Past President; Past Executive Committee).

Publications: Author, When Attorneys Abuse the Arbitration Process: What Are the Arbitrator’s Options?, Dispute Resolution Journal (2025); Co-author, Understanding and Avoiding Vacatur and Applications for Vacatur, Dispute Resolution Journal (2023); A Litigator’s Guide to Vacatur, California Litigation (2023). Speaking Engagements: Presenter: "So You Want to Be an International Arbitrator? " AAA Panelist Conference (2025) Presenter, “Dealing with Difficult Behaviors in Arbitration,” ABA Dispute Resolution Conference (2024); Panelist, “Why Courts Vacate Awards and How to Prevent It,” AAA Panelist Conference (2023); Co-Chair, ABA Arbitration Training Institute (2018-2020).

San Francisco Bay Area.

Hourly Rate: $900.00 Daily Rate: Not provided Study Rate: $900.00/hr Cancellation: $3,600.00/Day Cancellation Period: 30 Days Comment: Cancellation period: 30 calendar days. $3600 charged (the equivalent of 4 hours) for each day cancelled. No travel time charged. Expenses on a pass through basis.

English

United States of America

Berkeley, California