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Mediator Resume

Hon. Jose L. Linares

Hon. Jose L. Linares

Professional Summary

Highly experienced retired Chief United States District Judge and certified civil trial attorney with over 45 years of litigation experience. Proficient in handling complex litigations, contractual disputes, and multi-jurisdictional proceedings in diverse industries such as intellectual property (patents, trademarks, and copyrights), intellectual property licensing, cellular/telecommunication disputes, pharmaceutical patents, employment disputes and litigation, business and commercial disputes, international commercial disputes and antitrust matters. Additionally, well versed and extremely knowledgeable in insurance and reinsurance law, securities and financial services disputes, and products liability litigation.

Current Employer-Title

McCarter & English, LLP - Partner

Profession

Retired Chief United States District Judge; Attorney

Work History

Partner, McCarter & English, LLP, 2019-Present; Chief United States District Judge for the District of New Jersey, 2017-2019; United States District Judge for the District of New Jersey, 2002-2017; Judge of the Superior Court of New Jersey – Essex County Vicinage, 2000-2002; Founder and Managing Partner, Linares & Coviello, 1982-2000; Associate, Horowitz Bross & Sinins, 1979-1982; Attorney, New York City Department of Investigation, 1978-1979.

Experience

INTELLECTUAL PROPERTY Extensive judicial and private experience both litigating and resolving complex intellectual property matters involving patents, pharmaceutical patents, standard essential patents (SEPs), copyrights and trademarks, both domestically and internationally. Issues presented have ranged from and include claim construction, invalidity, infringement, and final resolution of claims. Has also served as an arbitrator, judicially appointed special discovery master for such matters and successfully mediated related disputes. EMPLOYMENT Extensive judicial and private experience both litigating and resolving various employment related matters, including fair wage and hour claims, employment discrimination, and whistle-blower actions. Represented both employers and employees. Served as hearing officer for organizations for internal employee discipline and grievance procedures. COMMERCIAL AND INTERNATIONAL BUSINESS Extensive judicial and private experience both litigating and resolving a wide array of commercial disputes both internationally and domestically. Cases include partnership disputes, contract related matters, and vendor disputes across all industries. ANTITRUST Extensive judicial and private experience both litigating and resolving antitrust matters in different sectors. Examples of cases include collusion between chemical companies for water treatment and conspiracy between pharmaceutical companies to delay sales of less expensive, generic versions of drugs.

Mediator Experience

Mediated hundreds of disputes involving matters of varying complexity across a broad range of industries. Primary areas of focus, although not exclusive, include patent disputes, pharmaceutical patent disputes, employment disputes, international telecommunication licensing disputes between multinational corporations, securities fraud cases, multi-district litigations, personal injury, and environmental disputes.

Representative Issues Handled as a Mediator

Mediated numerous related international standard essential patent licensing disputes involving cellular devices. Mediated pharmaceutical patent licensing dispute involving a governmental entity and private university. Mediated several complex commercial actions involving multi-million dollar companies. Mediated several related complicated patent infringement matters involving internet data transmission. Mediated numerous complex real estate disputes.

Mediator Style & Process Preferences

Upon being retained, I will initially provide the parties with all appropriate disclosures and schedule a preliminary call to discuss protocols and document submissions for the mediation. During this call we will also address the location (physically or virtually) of the mediation, confidentiality, the appropriate party representatives that will be in attendance, and schedule ex parte follow up telephone conferences with each involved party. From there, I will review the submissions and proceed to the scheduled mediation.

Technology Proficiency

Extensive experience using various online platforms (e.g., Zoom, Teams, etc.) and willing to conduct arbitrations virtually. Well versed in electronic discovery from the perspective of both a judicial officer and litigator. Proficient with all standard business software.

Education

Temple University Beasley School of Law (J.D.-1978); New Jersey City University (B.A.-1975).

Professional Licenses

Admitted to the Bar: New Jersey (1978); and various federal courts

Professional Associations

New Jersey State Bar Association; Association of the Federal Bar of New Jersey; Essex County Bar Association; Hispanic National Bar Association; America Bar Association; Hispanic Bar Association of New Jersey; Cuban American Bar Association.

Recent Publications & Speaking Engagements

The Role of ADR in Patent Licensing Agreements, ALM (May 6, 2024); Mediating With and Without the Robe: Tips to Maximize Clients’ ADR Experience, ALM (March 4, 2021).

Compensation

Hourly Rate: $1,600.00 Daily Rate: Not provided Study Rate: $1,600.00/hr Cancellation: $10,000.00/Day Cancellation Period: 10 Days Comment: Lower rates can be made available under the appropriate circumstances. Cancellation is a flat fee of $10,000 if cancellation is not communicated 10 days in advance.

Languages

English; Spanish

Citizenship

United States of America

Locale

New York, New York