Mediator Resume

Mediator and trial/appellate lawyer with 25+ years in complex commercial, intellectual property, technology, media, trade secret, and cross-border disputes. Served as mediator in 60+ matters and advocate in 100+ mediations, with commercial disputes mediated ranging from approximately $250,000 to more than $1.2 billion. Brings in-house and outside-counsel judgment to commercial, intellectual property, media and entertainment, licensing, partnership, and international disputes, using practical risk assessment and business-focused settlement design. Bilingual English/Spanish, with substantial Latin America experience.

Rottenstreich Farley Bronstein Fisher Potter Hodas LLP - Of Counsel

Attorney; Mediator

Of Counsel, Rottenstreich Farley Bronstein Fisher Potter Hodas LLP, 2024-Present; Partner, Lupkin PLLC, 2016-2024; General Counsel, Legendary Digital Networks, 2014-2016; Senior Corporate Counsel, Sony Interactive Entertainment, 2012-2014; Litigation Associate, Gibson Dunn, 2004-2012; Litigation Associate, Proskauer, 2003-2004; Litigation Associate, Solomon Zauderer Ellenhorn Frischer & Sharp, 2000-2003.

INTELLECTUAL PROPERTY AND TECHNOLOGY EXPERIENCE: More than 25 years handling complex commercial, intellectual property, technology licensing, trade secret, media, entertainment, software, digital content, brand protection, and distribution disputes. Work includes copyright, trademark, patent, unfair competition, defamation/anti-SLAPP, trade secrets/employee mobility, licensing, distribution, fraud, fiduciary-duty, partnership, and legal malpractice claims. Industries include software/SaaS, digital media, music, podcasting, film and television, electronic design automation, semiconductors, medical devices, pharmaceuticals, mobile data, flash memory, cryptocurrency, e-commerce, advertising, hospitality, fashion/textiles, telecommunications, financial services, and legal services. IN-HOUSE AND BUSINESS EXPERIENCE: Former senior in-house counsel and general counsel experience informs a practical dispute-resolution approach focused on settlement authority, decision-maker incentives, licensing economics, distribution channels, product timing, brand integrity, confidentiality, reputational exposure, and business terms that can be implemented. In-house work included Latin America brand-protection and anti-piracy programs, regional licensing and distribution structures, network product rollout support, global digital distribution, content production, and publicity concerns. CROSS-BORDER EXPERIENCE: Experience in cross-border and Latin America matters involving English and Spanish communications, foreign parties, local counsel coordination, parallel proceedings, regulatory and criminal-law overlays, forum-selection and choice-of-law issues, provisional relief, anti-suit issues, settlement implementation, licensing, distribution, brand protection, and regional business practices. LITIGATION AND RISK-ASSESSMENT EXPERIENCE: Trial, appellate, arbitral, in-house, and settlement roles provide familiarity with merits evaluation, damages uncertainty, injunction risk, litigation cost, business disruption, public-facing risk, and the practical consequences of no agreement. Experience includes representing plaintiffs and defendants in high-stakes commercial, intellectual property, technology, media, real estate, financial services, and professional liability disputes in federal and state courts and arbitral proceedings.

Served as mediator in over 60 mediations covering complex commercial, intellectual property, technology, media/entertainment, cross-border, employment, partnership, consumer, real estate, and personal disputes. Experience includes court-referred, private, administered, compensated, and pro bono mediations in federal and state courts, commercial courts, and arbitration-related matters. Commercial disputes have involved amounts in controversy ranging from approximately $250,000 to over $1.2 billion. Neutral assignments include software development and online-reputation disputes, international trademark and copyright licensing disputes, digital media and advertising contract disputes, trademark and copyright infringement matters, privacy and right-of-publicity disputes, FLSA and New York Labor Law wage cases, LLC and partnership disputes, business fraud and loan disputes, contractor/subcontractor disputes, and sensitive personal disputes. Cross-border mediations and arbitration-related matters have required attention to language, culture, local law, parallel proceedings, provisional relief, enforceability, payment mechanics, tax and regulatory constraints, brand integrity, and implementation across jurisdictions. Spanish-language capability and Latin America experience assist in matters involving regional distribution structures, licensing practices, local counsel coordination, and commercially realistic settlement terms. Technology and IP mediations have required rapid command of software functionality, digital content workflows, brand and licensing rights, online reputation issues, confidentiality concerns, damages uncertainty, injunctive relief, and ongoing commercial relationships. Experience includes multi-party disputes and matters requiring careful management of business principals, in-house counsel, outside counsel, insurers, investors, and other stakeholders whose approval, risk tolerance, and commercial incentives affect resolution. Deep experience working with emotionally invested parties Perspective as a trial and appellate lawyer, former in-house counsel, and advocate in more than 100 mediations informs a practical, settlement-focused approach that respects party autonomy while providing neutral, objective feedback on strengths, weaknesses, litigation risk, business risk, reputational exposure, and realistic outcomes when useful to resolution. Completed 100+ hours of mediation training and regularly trains new mediators in confidential caucus management, party autonomy, negotiation dynamics, and settlement-focused process design.

Commercial disputes mediated include business divorce, partnership and closely held company conflicts, licensing and distribution disputes, breach of contract, nonpayment, defective performance, anticipatory repudiation, breach of fiduciary duty, fraud, misrepresentation, conversion, unjust enrichment, accounting, books-and-records access, consumer and merchant disputes, service contracts, contractor/subcontractor payment disputes, and borrower-lender disputes. Intellectual property disputes mediated include trademark infringement, copyright infringement, unfair competition, false designation of origin, false endorsement, likelihood of confusion, trademark priority, and cybersquatting. Issues addressed include willfulness, actual damages, profits, statutory damages, and injunctive relief. Media, privacy, and speech disputes mediated include libel, defamation, online reviews, First Amendment issues, right of publicity, invasion of privacy, public broadcast and streaming of sensitive content, and digital content production and distribution. Settlements have addressed takedown, non-use, confidentiality, reputation repair, and future conduct. Cross-border disputes mediated include international brand and media licensing, foreign-language publishing and content arrangements, Latin America-focused commercial and intellectual property disputes, foreign parties, foreign provisional measures, forum-selection and choice-of-law issues, anti-suit injunction issues, parallel proceedings, cross-border settlement implementation, and matters in which language, culture, local law, regional business practices, brand integrity, and distribution structures materially affect negotiation strategy. Technology disputes mediated include software development and design services, platform build-out and maintenance, e-commerce and subscription businesses, digital advertising, social-media marketing, influencer campaigns, online music and social networking platforms, domain names, proprietary tools, and confidential workflows. Additional matters mediated include employment, real estate, landlord-tenant, consumer, personal, and sensitive disputes where emotion, reputation, confidentiality, privacy, capacity, informed consent, insurance, or third-party decision-makers affected settlement dynamics. Experience includes emotionally charged and stakeholder-heavy matters requiring careful management of business principals, in-house counsel, outside counsel, insurers, investors, estate representatives, guardians, and other interested third parties.

I begin with pre-mediation calls to identify key issues, settlement authority, required decision-makers, participant roles, confidentiality concerns, information gaps, litigation posture, business objectives, and any relationship or reputational interests that should shape the process. I generally request concise confidential submissions before the mediation and, when useful, targeted exhibits, damages information, licensing history, technical summaries, settlement history, insurance information, or proposed term-sheet concepts so the session can focus on decision-making rather than orientation. I often follow up on these submissions before the mediation session. I use early private caucus to promote candid evaluation and to understand each party’s legal risk, business risk, emotional drivers, reputational concerns, transaction costs, timing pressures, and practical alternatives to settlement. I use joint discussion when it will improve communication, clarify information, build trust, or help decision-makers hear points directly. I provide candid neutral feedback when useful, including reality testing on strengths, weaknesses, damages uncertainty, injunction exposure, proof problems, litigation cost, business disruption, reputational exposure, timing, and the practical consequences of no agreement. I respect party autonomy and do not pressure parties to accept terms that do not meet their goals. I use option generation, brackets, mediator proposals when appropriate, private attorney discussions, decision-maker engagement, and post-session follow-up to maintain momentum. I work to convert progress into written terms whenever possible and to help parties address implementation issues before they become new disputes. I am equally comfortable with in-person, remote, and hybrid mediations, including multi-party matters requiring separate caucus rooms, staggered participation, business-principal involvement, interpreter or bilingual communication, insurer or investor participation, and follow-up after the initial session (including multiple sessions).

Proficient with Zoom, Microsoft Teams, and Google Meet, including breakout rooms, screen sharing, remote caucuses, document review, and virtual mediation workflows. Fully capable of conducting mediations, conferences, and follow-up sessions virtually or in hybrid format. Highly experienced with electronically stored information (ESI), technology-driven workflows, digital evidence, online platforms, and software and data issues arising in complex commercial, intellectual property, and technology disputes.

Columbia University School of Law (JD, Kent Scholar - 2000); Harvard College (AB, magna cum laude - 1997).

Admitted to the Bar: New York (2001), California (2005), Massachusetts (2013). MC3-Certified Mediator (2024).

Video Game Bar Association; New York State Bar Association (Dispute Resolution Section, Commercial and Federal Litigation Section, Entertainment, Arts and Sports Law Section); Massachusetts Bar Association (Dispute Resolution Section, Complex Commercial Litigation Section).

Mediator Immunity and Indemnification - New York State Bar Association Dispute Resolution Section, Mediation Committee.

Boston and New York City metropolitan areas.

Hourly Rate: $850.00 Daily Rate: Not provided Study Rate: $850.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment:

English; Spanish

United States of America

New York, New York