Mediator Resume

Highly experienced former federal judge, bank regulatory executive, and United States Attorney, with overs 40 years’ experience in managing and resolving complex disputes from every angle. Strong reputation for prompt, efficient and fair case management — skills that are now brought to arbitration to maintain efficiency and control cost. Known for quick understanding of broad array of subject matter, based on years of handling wide areas of law ranging from financial to IP; insurance to trade secrets; technology to antitrust, and more. Selected often by courts as a Special Master, based on reputation as firm but fair listener and leader.

HochbergADR LLC - President

Arbitrator, Mediator, Former Federal Judge, Special Master, Court-Appointed Monitor

President, HochbergADR LLC, 2015-Present; Advisory Board - Innovation Center for Law and Technology, New York Law School, 2015 - Present; United States Federal Judge, United States Courts, 1999-2015; The United States Attorney, District of New Jersey, United States Department of Justice, 1994-1999; Deputy Assistant Secretary of the Treasury, United States Treasury Department, 1993-1994; Senior Deputy Chief Counsel, Office of Thrift Supervision [now within the Office of Comptroller of the Currency (OCC), 1990-1993. Prior Career included positions as partner in private practice of law; and as Legal Assistant to Chairman of the Securities & Exchange Commission (SEC).

Life Sciences, Pharmaceutical Development contracts & collaborations, Medical Devices, and Licensing: As a federal judge in New Jersey, expertise stems from presiding over hundreds of cases arising from pharmaceutical research, development, manufacturing, licensing, and sales. Appointed to handle many Life Sciences cases in Multi-District Litigation by Judicial MDL Panel Experience developed from complex cellular biology claims described in drug patents; Medical Device cases involving engineering, licensing and IP; Early Stage Clinical Development governed by FDA regulations; Milestone contracts; Experience with FDA rules on pharmaceuticals, supplements, and food additives; Regulatory experience regarding ANDAs for generic drug manufacturing; Handled multiple patent infringement cases in ANDA cases. Technology; Cybersecurity; Software Licensing; AI machine learning; and data scraping disputes: Experience in this rapidly developing area of law, derived from disputes among the leading companies in this space: presided over cases about the source of software innovation for mobile devices; experience with neural network software developed to replicate how the human brain works. Experience derived from serving as court-appointed Monitor in an international cyber intrusion case where the defendant was a hidden foreign agent, led to experience in cyber spear fishing intrusion and spoofing detection technology. As Monitor, empowered to issue orders to divert an unlawful intrusion back to the real software provider. Corporate Contract Disputes: M & A; Spin/Merge Deals; Accounting Rules; Reps and Warranty claims and insurance: Presiding over cases involving financial operations of the major national and international investment banking and securities firms led to exceptional experience with Securities transactions; fiduciary duty; key employee Termination; Asset Sales; Mergers & Spin Offs. Experienced in applying New York and Delaware choice of law clauses in contracts and applying accounting rules and standards of profession. Intellectual Property: Patent, Trademark & Copyright: Appointed as Patent Pilot Judge, based on expertise from 130 patent cases. Deep experience arising from patent infringement cases and licensing disputes. Patents were wide-ranging: industrial machines; truck components; artificial knees; antibody drug conjugates [ADC’s]; trade dress claims, etc. Trademark claims based on hotel franchises; businesses, product or apparel names claimed to infringe a mark; or claims of false advertising. Experience with software copyright claims, and music copyright claims, among others. Healthcare: Payor and provider disputes; insurance, Medicare, medical insurance reimbursement claims; 340(b) coverage disputes; revenue and payment processing systems and outsourcing administration disputes Insurance Claims, Coverage disputes, Reinsurance and Retrocession: health insurance disputes between providers, insurers and pharmacy benefit managers; ERISA claims; asbestos coverage; London market; presided over 125 cases re: property & casualty; commercial vehicle; interstate transportation; business interruption claims Trade Secrets: Served as Special Master in major trade secrets case in federal court, ruling on disputes about adequacy of trade secret identification; required legal elements to establish trade secrets; protection of secrecy; proving the financial value of the claims. Experience with Combination trade secrets and multi-step process trade secrets.

Over 10 years’ experience as a full time Mediator, jointly engaged by parties to mediate more than 300 disputes. In addition, mediation experience includes multiple Court Appointments as the Mediator of complex cases, as well as appointments as the Special Master for settlement in multiple cases. Mediated Resolutions of Complex cases involving: Corporate Contract; Patent; Biotech; Trade Secrets; Insurance coverage; Securities claims; Antitrust; Financial Services; Mergers and Acquisitions; Employment Key Executive claims; Mass Tort claims; Mass Arbitration claims; Partnership disputes and dissolutions; Medical Devices; Regulated industries (food, pharmaceutical, environmental, banking); Copyright; Trademark; Cybersecurity and Data intrusion; Class Actions; Construction. Taught Mediation Skills to federal judges under auspices of Federal Judicial Center

Asset Purchase Agreements; Music streaming platforms, Advertising, Copyright claims regarding Social Media use of music by Influencers; Data Privacy; cybersecurity and hacking; Architectural, civil engineering, & Construction claims; land-use, zoning and environmental regulations; pharmaceutical products and development contracts; Life sciences Intellectual Property Licensing; Early stage Research Contracts involving development Milestones; Early Stage Pharmaceutical Collaborations; FDA matters involving food and drug regulations, GMP (good manufacturing practices)

A Creative and Determined Approach to Case Resolution: Thorough preparation and knowledge of the facts and law of the dispute; each party's case strengths and weaknesses, discussed in separate caucus sessions; Provide opportunity for joint sessions where requested; evaluative approach based upon over 15 years as a federal judge and 10 years as a full time Neutral with deep knowledge of litigation process, both bench and jury trials. Creative options offered to assist the parties consider all possible ways to reach resolution, including global settlements, business deals, licensing deals, and thorough exploration of all routes to settlement.

Extensive experience presiding at arbitrations and mediation using all remote access platforms; willing to conduct hearings in any format including in-person and videoconference, or a hybrid.

Harvard Law School (JD, magna cum laude); Tufts University (BA, summa cum laude).

Admitted to the Bar: New Jersey (1981), New York (1989); U.S. Court of Appeals, Third Circuit; U.S. Supreme Court.

College of Commercial Arbitrators; Sedona Conference Judicial Advisor; Federal Circuit Bar Association, co-chair of Judges' Committee; International Women's Forum; Executive Women of New Jersey.

Fordham International Arbitration Conference: Speaker, 2024, 2019 Institute for Transnational Arbitration: Speaker Judicial Conference on Multi-District Litigation for Judges on Effective Use of Special Masters: Speaker, 2024 NYLON London conference on International Arbitration, on comparison between New York law and UK law governing contract construction: Speaker Trade Secret IP Protection & Litigation: Speaker, 2024 AI and Trade Secrets Conference: Speaker, 2024 PLI, Drafting an Arbitration Agreement: Speaker, 2023 NYIPLA Patent CLE: Speaker, 2022 Women in IP: Alternative Dispute Resolution: Speaker, 2022 MDL Transferee Judges’ Conference: Speaker, 2014, 2024 Women in IP: Alternative Dispute Resolution: Speaker, 2022 New York State Bar Association: International Arbitration: Speaker, 2019 PLI Employment Law, 2014: Speaker, 2021 ANA/BAA Marketing Law Conference: Speaker, 2019

Hourly Rate: $1,800.00 Daily Rate: Not provided Study Rate: $1,800.00/hr Cancellation: $1,800.00/hr Cancellation Period: 30 Days Comment: If the scheduled mediation day is cancelled or postponed less than 30 days prior, parties will be charged for an 8 hour mediation day. This assumes an 8 hour mediation day. Travel expenses will be reimbursed.

English

United States of America

New York, New York