Mediator Resume

Since 2019, full time arbitrator and mediator of international and domestic commercial disputes. Led for 17 years Morrison & Foerster's international litigation and arbitration practice, and for 6 years was U.S. Head of DLA Piper's international arbitration practice. In 2026 and 2018, named by Best Lawyers in America as the "San Francisco Arbitration Lawyer of the Year," and in 2020, the "San Francisco Mediation Lawyer of the Year." Named by Global Arbitration Review and Lexology as a "U.S. Thought Leader" in Arbitration. In 2018, named by California's legal publication, The Daily Journal, as a "Top 100 California Lawyer." In 2019, received The Daily Journal's prestigious "California Lawyer of the Year" award for international arbitraiton.

Chao ADR, PC - Principal

Arbitrator, Mediator; Advisor/Consultant

Founder, Chao ADR PC, 2019-Present; Partner/ US Head of the Global International Arbitration Practice, DLA Piper LLP, 2013-2019; Head of the International Litigation & Arbitration Practice (1996-2013)/Partner (1983-2013)/Associate (1982-1983), Morrison & Foerster LLP, 1982-2013; AUSA-Criminal Division, Northern District of California U.S. Department of Justice, 1978-1982; Law Clerk to Hon. William Orrick, U.S. District Court - Northern District of California, 1977-1978.

After leading litigation teams for years in high stakes and precedent-setting cases in U.S. courts and international and domestic arbitration tribunals, launched a boutique ADR firm in May 2019 to serve as an arbitrator and mediator of international and domestic commercial disputes, and as an advisor/consultant to law firms and corporate clients on cross-border matters. Obtained significant trial experience as an Assistant U.S. Attorney. Then spent six years as one of two lieutenants to Morrison & Foerster's most accomplished trial partner on bet-the-company and complex criminal cases. Thereafter, served as first-chair trial partner on increasingly complex and high dollar matters. In 1996, started Morrison & Foerster's international litigation and arbitration practice, and led it for 17 years. In 2013, lateraled to DLA Piper and spent six years as the U.S. Head of its global international arbitration practice. Practice led to disputes all over the world, including London, Singapore, Beijing, Hong Kong, Taipei, Tokyo, New Delhi, and New York as well as California. Comfortable working with complex commercial and technology disputes that touch multiple practice areas, and interacting with parties from Europe, Asia, and the Americas. Represented clients, as first chair, in five business disputes where the amount in controversy exceeded $1 billion and in multiple others where the amount in controversy was in the hundreds of millions of dollars. Has argued 20 times before the U.S. appellate courts, including once to an 11-member en banc panel of the Ninth Circuit Court of Appeals and once before the U.S. Supreme Court. Second-chaired six additional U.S. appellate arguments including a second U.S. Supreme Court argument. Recent arbitration matters (as arbitrator or advocate) involve companies in the telecom, bioscience, pharmaceuticals, energy, venture capital, beauty products, agriculture and food, health and nutrition products, automobile parts, digital advertising, and shipping industries, with disputes arising from commercial sales, joint venture, investment, distribution, franchise, commercial development, and patent and technology licensing contracts. Subject matters covered in civil litigation cases have included (in alphabetical sequence): banking, commercial contracts, constitutional litigation, construction (power plants), consumer class actions, development and licensing agreements (life sciences, computer industry), distribution contracts, First Amendment (libel, invasion of privacy, political speech, right of anonymity on the internet), investment disputes, patent license disputes, risk insurance claims (expropriation and political violence), professional conduct (overturning Rule 11 sanctions against a big law firm for allegedly misleading the US District Court as to “existing law”), RICO, taxpayer challenges to public entity contracts, theft of trade secrets, torts (fraud, interference with contract, elder abuse, emotional distress, kidnapping), trademark and copyright infringement, and unfair competition.

Experience with mediation is as a litigation partner for 40 years, first at Morrison & Foerster (1983-2013) and then at DLA Piper (2013-2019). Over career, has handled hundreds of commercial disputes of all dollar values, the great majority of which settled either with the assistance of an outside mediator or through lawyer to lawyer negotiations. The mediators were from ADR institutions or were US District Court judges, US magistrate judges, or California State Superior Court judges. Was able to observe who among the mediators succeeded, who did not, and to assess reasons for success or failure. In one particularly complex, "bet-the-company" high-dollar class action dispute, the mediator kept the parties engaged over a two-year period with 10 mediation sessions and mediator-assigned "homework," while the parties simultaneously litigated. Ultimately, the case settled with the mediator's assistance. In 2019, after transitioning to ADR, time spent has been as an arbitrator of international and domestic disputes, and as an advisor to clients and law firms on cross-border matters. Has been proposed as commercial mediator several times and selected on one occasion. In that dispute, the parties requested a "mediator's proposal" which was provided based on evaluation of the case and which they accepted.

~ As mediator, commercial dispute regarding the performance of cutting edge technology embedded in claimant's manufactured products. ~ As counsel, hundreds of commercial disputes covering a wide range of industries and products, covering many practice specialties. Both international and domestic disputes.

I ask that the parties submit a short summary of the dispute from their perspective, including the claims and counterclaims and defenses, and their evaluation of the reasons for why the matter has not settled to date. After reading the submissions, I will speak confidentially to the parties' counsel to flesh out the written submissions and to draw out their preferences regarding procedure such as whether a joint meeting of both sides at the outset of the mediation would be desired. I strongly prefer that the parties' principals attend the mediation along with their principal counsel. I also prefer that everyone stays for the entire day, as opposed to one or another party departing the mediation prematurely. Often, a case takes more than one day to succeed, and I will continue the discussions for another session to attempt to bring closure.

Harvard Law School (J.D. - 1977); Stanford University (B.A., Economics, with Distinction and Departmental Honors - 1972).

Admitted to the Bar: California (1977); U.S. District Court: Northern, Central, Southern, and Eastern Districts of California; U.S. Circuit Court of Appeal: Ninth, Fifth, Tenth Circuits; U.S. Supreme Court.

Fellow, Chartered Institute of Arbitrators (London); Fellow, College of Commercial Arbitrators; Fellow, Litigation Counsel of America; Fellow and Life Member, American Law Institute (ALI); former Member, AAA/ICDR Council; former Co-Head, International Advisory Committee, AAA/ICDR; former U.S. Member, ICC Arbitration Commission; former Member, USCIB/ICC Arbitrator Nominating Committee for U.S. based arbitrations; one of 31 Advisors to the ALI Project to Draft the Restatement of the US Law of International Commercial and Investor-State Arbitration; Member, California Supreme Court International Commercial Arbitration Working Group; former Chair, US Magistrate Judge Screening Committee, Northern District of California; former Member, American Bar Association Standing Committee on the Federal Judiciary (representing the Ninth Circuit Court of Appeals); former Chair, Litigation Section, State Bar of California; former Co-Chair, International Litigation Committee, American Bar Association Section of Litigation; former Director, Commonwealth Club of California; former Director, World Affairs Council of Northern California; Honorary Director, Hong Kong Business Association of Northern California; former President, Asian American Bar Association of the Greater Bay Area.

PUBLICATIONS -- Co-Author, Mediation chapter, Thomson Reuters' treatise Business and Commercial Litigation in Federal Courts (5th ed. 2021) (co-authored with Hon. Daniel Weinstein, JAMS); Author, "The Art of Arbitrator Selection," The Daily Journal, 5/25; Author, "Exploring California's Reputation: From Wild West to Arbitration Destination," The Daily Journal, 5/24; Author, “6 Trends Will Shape Future International Commercial Disputes,“ Law360, 7/18; “Should Technology Companies Arbitrate?” Corporate Counsel, 1/18; Co-author, Litigation & Dispute Resolution (Calif. Chapter), International Comparative Legal Guide, 2016; Co-author, International Arbitration (USA Chapter), Chambers Country Practice Guides, 2016; “Four Considerations for Corporate Counsel in Drafting Arbitration Clauses,” Inside Counsel, 3/15; “8 Arbitration Surprises Awaiting the Uninitiated,” Inside Counsel, Mar. 2015; Co-author, "Cross Border Litigation: Traps for the Unwary and Practical Tips for the California Litigator," Calif. Litigation Review, 2013; Co-author, “Pre-Trial Motions,” Calif. Litigation Review (annual review of new case law and legislation) (1995-2011). SPEAKING -- Interviewed AAA/ICDR CEO Bridget McCormack, impact of Artificial Intelligence on Arbitration and Dispute Resolution, October 2025; Moderator, "What Every Lawyer Needs to Know About Arbitration," Litigation Counsel of America webinar, 6/21; Speaker, "The State of Play in International Arbitration in the Americas," SIAC webinar, 12/20; Speaker, "Global Mediation: Preparing for the Future of International Commercial Mediation After the Singapore Convention, AAA-ICDR webinar, 11/20; Moderator, "The Future of U.S.-China Commercial Disputes," U.S.C.-JAMS Institute webinar, 7/20; Debater, "Due Process in International Arbitration: Sword or Shield -- A Debate," SCCA19, Saudi Centre for Commercial Arbitration, Riyadh, 10/19; Speaker, "Arbitration of Technology and IP Disputes," SCCA19, Saudi Centre for Commercial Arbitration, Riyadh, 10/19; Closing Remarks, "Commercial Dispute Resolution in China," Beijing Arbitration Commission and JAMS, San Francisco ("S.F."), 6/19; Moderator, “Surveying the Landscape of Arbitration in the Pacific Rim,” ICC West Coast Conference, S.F., 4/19; Speaker, “Remedies, Specific Performance and Interim Relief,” GAR Live, Hong Kong, 11/18; Lecturer, "Adjusting One's Advocacy to Meet the Contrasting Rules, Customs, and Expectations in Jury Trial, Domestic Arbitration, and International Arbitration Settings, Litigation Counsel of America, Rhode Island, 11/18; Speaker, "Designing Global ADR Processes for the Future: 5G and the Internet of Things," JAMS, S.F., 9/18; Speaker, “Planning for and Effectively Handling Cross-Border Disputes,” Silicon Valley Assoc. of General Counsel, San Jose, CA, 6/18; Speaker, “Your Next Arbitration: 25 Practical Tips,“ ABA Section of Litigation Annual Meeting, San Diego, CA, 5/18; Co-Moderator, “New Ways of Taking and Presenting Evidence, and Dealing with Big Data,” IBA Annual Litigation Forum, Zurich, 5/17; Faculty, “The Arbitrator’s Authority: Scope and Limits,“ ICC Institute Advanced Training, S.F., 5/17; Moderator, “Developments in International Arbitration in the Asia-Pacific Region,” AAA/ICDR, Los Angeles, 12/16; Speaker, “Doing Business in China,” Silicon Valley Association of General Counsel, Santa Clara, CA, 11/16; Moderator, “What Keeps Corporate Counsel Awake When Their Clients Go Abroad,” DLA Piper Global Technology Summit, Menlo Park, CA, 9/16; Conference Co-Chair, IBA Annual Litigation Forum, S.F., 4/16; Moderator, “Effective Litigation of Complex Technology Disputes,” IBA Annual Litigation Forum, S.F., 4/16; Keynote Speaker, "The Future of Global Disputes: How the 'Globalizing Economy Will Impact Big Law, Litigation Practice, and the ADR Industry, JAMS' 15th Annual Owners' Meeting, Torrey Pines.

Hourly Rate: $800.00 Daily Rate: Not provided Study Rate: $800.00/hr Cancellation: $4,000.00/Day Cancellation Period: 7 Days Comment: Travel: $400/hour if not otherwise studying. Cancellation: $4,000/reserved mediation session if notified with less than 7 days notice.

English

United States of America

San Francisco, California