Mediator Resume

Colev Law - Principal

Attorney, Arbitrator, Mediator

Principal, Colev Law, 2021-Present; Senior Vice President, Samsung Electronics, 2011-2022; Principal, Kapria Law, 2009-2011; Partner, Dechert LLP, 2007-2009; Shareholder, Greenberg Traurig LLP, 2005-2007; Partner, McDermott Will & Emery LLP, 2003-2005; Of Counsel, Brobeck Phleger & Harrison, 2001-2003; Associate, Skjerven Morrill & MacPherson, 1998-2001; Assistant US Attorney, US Attorney’s Office, Northern District of Florida, 1995-1998; Judicial Law Clerk, US District Court, Northern District of Florida, 1993-1995.

More than 30 years of experience first as an intellectual property litigator, then as a technology transactions attorney, later as inhouse counsel at a large technology company, and currently as a full time Arbitrator and Mediator. Litigation and Trial experience Practiced as a litigation partner at leading US law firms handling complex civil, intellectual property and technology litigation. As inhouse counsel, oversaw several hundred intellectual property disputes in the US and overseas. Tried more than 50 cases in US district courts and International Trade Commission. Transactional experience Established a boutique law firm focused on technology M&A, patent licensing, joint development, technology transfer and other commercial transactions. Personally negotiated three of the largest patent cross license agreements in the technology industry. Oversaw several hundred technology and commercial transactions involving both technology startups and some of the largest technology companies. Inhouse experience Served as Senior Vice President of Intellectual Property at Samsung Electronics for 10 years and oversaw intellectual property acquisition, licensing, litigation, technology policy and M&A matters including the Apple-Samsung patent war. Judicial and Government experience Clerked for a federal district court and served as a federal prosecutor at a US Attorney’s Office before entering private practice. Currently serves as a Discovery Judge Pro Tem for two California courts, presiding over a wide range of discovery issues. Taught technology licensing at Santa Clara University School of Law as an adjunct professor. Guest lectures at Northwestern University School of Law on M&A due diligence and at Florida State University College of Law on arbitration. IAM Strategy 300 Top IP Strategists and Top In-House Counsel, Daily Journal. Currently serves as an independent arbitrator for International Centre for Dispute Resolution (ICDR), International Chamber of Commerce (ICC), American Arbitration Association (commercial, employment, intellectual property, M&A, technology and consumer panels), Financial Industry Regulatory Agency (FINRA), Korea Commercial Arbitration Board International (KCAB International), Chinese Arbitration Association, Taipei (CAA), and World Intellectual Property Organization (WIPO) Arbitration and Mediation Center. Currently serves as a mediator for the US District Court for the Central District of California, Orange County Superior Court, Alameda County Superior Court, San Mateo County Superior Court, Contra Cost County Superior Court (settlement mentor), San Francisco County Superior Court (settlement conference officer), ICC, AAA, KCAB International, CAA and WIPO Arbitration and Mediation Center. Recognized as knowledgeable, well-prepared, tenacious, and able to connect with people from diverse backgrounds.

Served as a mediator in more than 275 matters in last 5 years in a wide range of subject matters and industries. BUSINESS/COMMERCIAL Experienced business executive who negotiated all aspects of M&A deals (valuation, earn-outs, representations & warranties, covenants, indemnities, closing conditions and breakup fees), license agreements, joint development agreements, technology transfers, SOWs and master sales agreements. Served as a mediator in a wide range of disputes involving commercial contracts, e-commerce and real estate leases. INTELLECTUAL PROPERTY/TECHNOLOGY Served as a mediator in disputes involving patent license agreements, copyrights, trade secret, and software development agreements. Oversaw over 200 patent, copyright, trademark, and trade secret disputes involving semiconductors, CPUs, 3D graphics, DRAM, SRAM, flash memory, storage, 3G/4G/5G, Wi-Fi, cloud computing, open-source license, smartphones, networking, applications, virus detection, and audio/video codecs. Negotiated M&A deals involving Artificial Intelligent (AI), quantum computing, micro-LED, electronic payment, magnetic memory (MRAM) and wireless charging technologies. SEP/FRAND DISPUTES Served as counsel in several SEP/FRAND licensing arbitration matters involving 3G/4G/5G/6G technologies. Led enforcement of SEPs against one of the largest technology companies. Defended against SEP licensing demands by some of the largest SEP owners. Negotiated formation of standard development organizations (SDOs) in the Internet of Things (IoT), High-Definition Video and flash memory spaces including IPR policy over SEP/FRAND licensing terms. ARTIFICIAL INTELLIGENCE (AI) Negotiated M&A deals involving AI startups. Negotiated several patent licensing deals involving AI technologies. Worked on an AI project as an engineer. FINTECH Served as a mediator in a billion dollar dispute over international digital payment contract; served as an arbitrator in cryptocurrency disputes involving digital wallet fraud, stable coins, and alleged violations of securities law. Served as an arbitrator in disputes involving electronic fund transfers. Negotiated M&A and distribution deals involving digital payment technology. EMPLOYMENT LAW Served as a mediator in cases involving employee misclassification, labor code violations, wage and hour claims, wrongful termination, disability discrimination, retaliation, racial discrimination, sexual harassment and age discrimination. INTERNATIONAL/CROSS-BORDER Served as a mediation in cases involving US customers and non-US suppliers. Negotiated cross-border deals involving US, European, Asian, and Middle Eastern parties. ENVIRONMENTAL Served as a mediator in disputes involving CERCLA/Superfund cost recovery and Federal Water Pollution Control Act. SPORTS Negotiated comprehensive marketing collaboration agreements with two of the largest professional sports leagues. Litigated a name, image and likeness (NIL) dispute involving a world-famous athlete. CONSUMER Served as a mediator in disputes involving Song-Beverly Consumer Warranty Act (Lemon Law) claims; Consumers Legal Remedies Act claims; personal injuries; airplane turbulence and in-flight injury claims; TBI (traumatic brain injuries); restaurant leases; landlord-tenant disputes; elder abuse; fee disputes; and unlawful detainer.

Mediation experience in a wide array of industries and subject matters, including: General and commercial contract disputes; commercial real property leases; technology disputes; software development; joint development agreement; open book accounting; intellectual property disputes; trade secret misappropriations; loan guarantees; fee disputes; professional malpractice; partnership disputes; fraud/misrepresentations; conversion; employment agreements; EDD employee classification; wage and hour claims; reasonable accommodations; Song-Beverly Consumer Warranty Act (Lemon Law) claims; Consumers Legal Remedies Act claims; personal injuries; airplane turbulence and in-flight injury claims; TBI (traumatic brain injuries); restaurant leases; landlord-tenant disputes; and unlawful detainer actions.

Evaluative/Facilitative. In mediation, I promote and utilize a pre-mediation protocol of separate conferences with representatives of all parties, exchange of key information and mediation statements, and establishing agreed-upon agenda for the mediation session. I review all submitted materials and engage in conversation with the parties' representatives in advance to understand the interests and goals of each party. I respect party autonomy in mediation and do my best to ensure that each party’s voice is not only heard but also reflected in the outcome.

Substantial experience in online dispute resolution using Zoom and Team platforms. Have litigated ESI (electronically stored information) issues. Worked on an Artificial Intelligent (AI) project as an engineer.

Northwestern University School of Law (JD, Editorial Board, Journal of Criminal Law & Criminology-1993); Cornell University (BS, Electrical Engineering-1988).

Admitted to the Bar: Florida (1993 - inactive), California (1998). US Patent & Trademark Office (2001).

The Mediation Society; American Bar Association, Dispute Resolution Section; Silicon Valley Arbitration & Mediation Center; California Arbitration, Founding Member & Co-Chair, Marketing Committee; National Asian Pacific American Bar Association; Asian Pacific American Bar Association Silicon Valley.

Publications: “Anti-suit injunctions – a new global trade war with China?”ManagingIP, August 3, 2022 “Patent Indemnity Trap in a Tech Deal,” LinkedIn, July 25, 2022 “Navigating a decade of the America Invents Act,” ManagingIP, March 1, 2022 “The Anti-suit Injunction Conundrum: How We Got Here and How to Avoid It,” IPWatchdog, February 15, 2022 “Implementer’s Challenges,” AIPPI Japanese Journal Vol.66 No. 11, November 25 2021 Speaking Engagements: “The Ubiquitous World of Internet of Things (IoT) Connected Devices – the Coming Tsunami of Patent Licensing.” (Licensing Executive Society SV Chapter 2024) “An Alternative Way to Resolve IP Disputes – Technology Arbitration” (Asian Pacific American Bar Association SV 2023) “When Worlds Collide: Arbitration of International Patent Disputes” (California International Arbitration Week 2023) “Metaverse, Stable AI Diffusion, and Deepfakes” (Will Work For Food 2023) “What Does a Mediator Add That the Parties Can’t Do Themselves” (SVAMC Corporate Counsel ADR Clinic 2021) “FRAND Licensing – Developments and Predictions” (Licensing Executive Society SV Chapter 2020) “5G and IoT: The Next IP Battleground?” (2020 AIPPI World Congress Online 2020) “The Future of 5G Patent Licensing” (IPlytics Conference 2020) “A Different NPE Problem” (IP Counsel Café Annual Conference 2020) “Update from Inside the Beltway” (Corporate IP Strategy Conference 2019) “Establishing Licensing Fees in a Whole New World: The Rise of Collective Licensing” (IP Counsel Café Annual Conference 2018) “Extra-territorial Perspectives: From Remedies in US Courts for Acts Occurring in Whole or in Part Outside the US to Obtaining Discovery from Abroad” (EDTX Bench Bar Conference 2018) Panel speaker at 3rd Annual Post Grant PTO Proceedings (ACI 2017) “Cross-over Professional and Educational Opportunities in Korea and the US” (UC Berkeley 2016) “From Alice to Halo, Stryker and Beyond” (EDTX Bench Bar Conference 2016) “The Future is Open: Managing and Commercialising IP Assets” (Business of IP Asia Forum 2016) Keynote Address, the PTO and the Courts (Stanford Law School Symposium 2015) Keynote Address, Inaugural Conference, Korea Law Center (UC Berkeley 2014) Moderator, “Remedies in Patent Cases” (Georgetown Patent Law Conference 2013)

The San Francisco Bay Area

Hourly Rate: Not provided Daily Rate: $15,000.00 Study Rate: $625.00/hr Cancellation: Not provided Cancellation Period: 21 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English; Korean

United States of America

Los Gatos, California