Mediator Resume

Berkowitz Oliver LLP - Partner

Attorney

Partner, Berkowitz Oliver LLP, 2003-Present; Associate, Latham & Watkins LLP, 1996-2003; Assistant Editor, The Manhattan Mercury, 1993.

Distinguished trial attorney with nearly three decades of complex business and commercial litigation and arbitration experience. Has advised and served as lead trial counsel across the country for individuals, small businesses, and Fortune 500 companies; representing clients as plaintiffs and defendants in federal courts, state courts, and private arbitration tribunals, through jury and bench trials, arbitral hearings, and on appeal. Practice areas and expertise include breach of contract, tort, fraud, restrictive covenant, advertising, trademark, copyright, patent, trade secret, cybersquatting, advertising, unfair competition, antitrust, class action, fiduciary duty, franchise, partnership, merger/acquisition, securities, insurance, TCPA, deceptive trade practice, and consumer protection act claims. Also provides arbitration and mediation services in wide-ranging civil matters.

Has participated in mediations of virtually every type of civil lawsuit, ranging from small consumer disputes to complex, high-stakes business, and multi-party cases. Selected by the United States District Court for the Western District of Missouri to serve on its inaugural panel of neutrals for appointment by the Court to its civil cases.

False advertising, trademark infringement, false designation of origin, cybersquatting, copyright infringement, deceptive trade practices, and unfair competition issues; insurance and vexatious refusal to pay claims; business disputes; breach of contract and tortious interference claims; personal injury.

Mediation, even when court-ordered, is a voluntary process. I strive to engage the parties in that process and to make the experience both efficient and productive for them. To that end, I ask the parties to provide confidential pre-mediation submissions and also invite them to have private pre-mediation calls with me to help orient me to the case. Through that process and at the mediation itself, I listen carefully and ask questions to ascertain each side’s goals and priorities, understand the past and potential obstacles to settlement, probe the strengths and vulnerabilities of everyone’s positions, and explore pathways that may help the parties reach a settlement. I believe it is critical for the mediator to fully understand and accurately convey the parties’ viewpoints and positions, and I work hard to do that. I also look for opportunities that the parties may not have considered to bridge the gaps between them and find potential common ground.

Background in patent, software and technology litigation, and am comfortable mediating cases involving such issues. Also experienced with managing ESI and willing to conduct arbitration hearing in-person, via videoconference/teleconference, or hybrid formats. Successfully completed Clearbrief Academy, May 2025.

University of Michigan Law School (JD, cum laude-1996); UCLA (BA, magna cum laude-1993).

Admitted to the Bar: California (1996), Missouri (2004), Kansas (2005); US District Court: Central (1996), Eastern (2000), and Southern (2017) Districts of California (2017), Western (2004) and Eastern (2007) Districts of Missouri, District of Kansas (2006); US Court of Appeals: 8th Circuit (2004), 10th Circuit (2013); US Bankruptcy Court: Southern District of California (2017).

American Bar Foundation Federal Bar Association Kansas City Metropolitan Bar Association

Publications: “Reduction of ‘Shockingly Large’ TCPA Award on Due Process Grounds Affirmed by Eighth Circuit” (Linkedin 2019) “BMG v. Cox: A New Era of Copyright Liability For Internet Service Providers?” (Linkedin 2016) “Federal Court Rule Amendments Now in Effect” (Linkedin 2016) Speaking Engagements: 2025 AAA/ICDR Panel Conference: Navigating Differences 2024 FBA Annual Meeting and Convention: Non-Competes: The Rocky Landscape and a Path Forward 2023 KCMBA Annual Business Litigation Seminar: DEI & Arbitration Frequent guest lecturer on consumer consent, privacy, intellectual property, and advertising law, University of Kansas

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $1,000.00/Day Cancellation Period: 7 Days Comment: Travel expenses will be billed as incurred. No cancellation fee for cancellation with 7 days' notice

English

United States of America

Kansas City, Missouri