Peter Michaelson, Esq., F.C.I. Arb., C. Arb.

 

 

Arbitrator, Mediator and Attorney-at-Law

Michaelson ADR Chambers, LLC

 

Chair Emeritus - New York Branch, and Former Institute Trustee (Americas  Region)

Chartered Institute of Arbitrators

 

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Legal Experience:

 

A. Principal ADR Experience -- 1991 to present

            (IP, IT, Telecommunications, Technology and other commercial disputes)

Arbitrated:

a) international and domestic:

      (i) intellectual property (IP) disputes (including patent disputes spanning a wide range of technologies; trademark, domain name and trade secret disputes),

     (ii) information technology (IT), and

     (iii) technical and technology-related disputes

across many industries and industrial sectors, including, e.g., aviation, defense contracting, energy, general manufacturing, infrastructure (including investment), electronics (hardware and software), lighting, major appliances, medical devices, telecommunications and pharmaceuticals; and

b) international and domestic commercial disputes across a wide range of other substantive areas including, e.g.: antitrust (merger), breach of contract, consumer credit, consumer fraud, consulting, joint ventures and partnerships, licensing (including university technology transfer), securities and financial, and telecommunications (including reciprocal compensation).

Mediated and also served as a Court-appointed expert in patent law in numerous patent litigations in the U.S. District Courts involving complex technology across various industries. Mediated, on a Court-annexed basis, Hatch-Waxman based pharmaceutical disputes. Also mediated trademark litigations in the U.S. District Courts.

 

Also mediated disputes across a wide range of other substantive areas including, e.g.: breach of contract, credit and financial, employment discrimination, franchises, healthcare, insurance coverage and liability, intellectual property (including validity, infringement and misappropriation), licensing (including university technology transfer), professional malpractice and fee disputes, real property (including leases), technology and warranties.

Collectively, arbitrated and mediated over 700 disputes with amounts in contention ranging from a few thousand dollars to between US $ 400‑800 Million dollars.

Substantial matters handled include:

o    Arbitrating, as Chair and under the Financial Industry Regulatory Authority (FINRA), a dispute between a major investment company, as Claimant, and a major international securities broker‑dealer as Respondent. The dispute concerns the sale to the Claimant by the Respondent of notes issued by a foreign oil and gas exploration and production company for financing development and exploitation of a foreign oil field. The Claimant alleges the Respondent engaged in fraud and misrepresentation in the sale and seeks more than US $ 65 Million in damages from the Respondent.

o    Arbitrating, as Chair and under the International Centre for Dispute Resolution (ICDR), a contractual dispute concerning supply of remote controls for cable television set-top boxes with approximately US $10 Million in contention.

o    Arbitrating, as Chair and under the ICDR, a dispute concerning indemnification under a stock purchase agreement, underlying a US $ 425 Million corporate acquisition, with approximately US $30 Million in contention.

o    Arbitrated, as a sole panelist and under the ICDR, a dispute concerning a joint development agreement involving network‑connected, 4K-resolution, touch-screen enabled whiteboards.

o    Arbitrated, as a member of a three-person panel and under the ICC, an international patent licensing dispute concerning haptic technology used in mobile telecommunications devices with approximately US $ 60 Million in contention and requested injunctive relief potentially prohibiting at least hundreds of millions of dollars of future device shipments to the US.

o    Arbitrated, as a member of a three-person panel and under the ICDR, a dispute concerning an international IT supply/consulting agreement involving licensed resale of commodity trading and risk management software for intended use by a national electric utility.

o    Arbitrated, as a sole arbitrator and under the ICDR, a dispute involving alleged trade secret misappropriation and patent infringement of a critical component of astronautic launch vehicles.

o    Mediated, under the American Arbitration Association (AAA), a dispute involving a patent monetization agreement and which the parties were unable to resolve after approximately 1 1/2 years of direct negotiations.

o    Arbitrated, as an emergency arbitrator and under the ICDR, a contractual dispute, between the Internet Corporation for Assigned Names and Numbers (ICANN) and a domain name registrar, involving a suspension, imposed by ICANN on the registrar, of new generic top level domain (gTLD) name registrations and inbound name transfers for non-compliance with its Registrar Accreditation Agreement with ICANN (the award, which is publicly available, is accessible below in the “Reported Decisions” section of this CV).

o    Arbitrated, as a sole arbitrator and under the ICDR, a dispute concerning a reciprocal international telecommunications carrier service agreement.

o    Arbitrated, as a sole arbitrator and under the ICDR, an international contract dispute regarding a failed software development project.

o    Arbitrated, as a sole arbitrator and under the ICDR, an international licensing dispute concerning negative pressure wound care technology with approximately US $10 Million in contention;

o    Arbitrated, as a sole arbitrator and under the ICDR, an international biotechnology licensing dispute involving technology, including cytometers, and related confidential technical information for use in sex‑selective breeding of cattle and other livestock with damages claimed of approximately US $ 72 Million.

o    Arbitrated, as a member of a three-person panel and under the AAA, a domestic patent royalty dispute concerning high frequency ventilators primarily used for respiratory support. For USDC - Northern District of Texas opinion and order dated May 29, 2014 completely confirming the arbitration award and highly complementary to the panel, click here.  For the Court’s judgment dated May 29, 2014, click here.

o    Arbitrated, as a member of a three‑person panel and under the ICC, an international patent licensing dispute involving wireless mobile technology with approximately US $ 25 Million in contention.

o    Arbitrated, as a member of a three-person panel and under the ICDR, an international patent licensing dispute also involving wireless mobile technology.

o    Arbitrated, as a member of a three‑person panel and under the ICDR, an international patent licensing dispute involving several US patents concerning compact fluorescent lamps with approximately US $ 100 million in contention.

o    Mediated, on an ad hoc basis, a domestic patent dispute involving database technology with approximately US $ 16 Million in contention.

o    Arbitrated, as sole arbitrator and under the AAA, a domestic patent licensing dispute involving magnetic resonance imaging (MRI) technology with approximately US $ 25 Million in contention;

o    Arbitrated, as member of three-person panel and under the ICDR, a technology development contract and patent infringement dispute involving spinal fixation devices with approximately US $ 25 Million in contention;

o    Arbitrated, as sole arbitrator and via a CPR referral, a domestic dispute, involving allegations of breach of confidentiality, and trademark infringement, concerning manufacture and distribution of a web-based, demand-side energy load management system with damages claimed of US $107 Million.

 

o    Mediated, via a WIPO referral, an international patent dispute involving automotive structural technology and with several US patents in contention.

 

o    Arbitrated, as sole arbitrator and under the AAA, a multi-million dollar US patent dispute concerning digital signal processors. Arbitration was handled on an expedited basis after transfer out of USDC-ED Texas (Marshall Division). Entire arbitration, including evidentiary hearing and rendition of reasoned award, consumed approximately 7 weeks.

           

o    Arbitrated, as a member of a three‑person panel and under the AAA, a domestic patent dispute involving air bag technology including, among other issues, inventorship of each of approximately 20 US patents.

           

o    Arbitrated, as panel chair and via a CPR referral, a domestic patent dispute, involving a genetically-engineered, monoclonal-antibody based pharmaceutical drug with approximately $100 Million claimed. Drug had cumulative sales through 2006 of approximately US $4.4 Billion and annual sales then of approximately US $2.5 Billion and expected additional sales throughout the remainder of the terms of the patents in dispute of approximately US $22 Billion.

           

o    Arbitrated, as a party-appointed arbitrator, an investment dispute, under the UNCITRAL rules and through the London Court of International Arbitration (LCIA), between a US telecommunications company and a foreign government as respondent, involving alleged governmental expropriation of a national wireless mobile telecommunications network, with damages being claimed by the telecommunications company of approximately US $150 Million.

           

o    Arbitrated, as a member of a three‑person panel and under the AAA, a domestic patent dispute involving reverse geometry contact lenses, and, in conjunction therewith, conducted along with my co-arbitrators, a Markman (claim construction) hearing.

           

o    Arbitrated, as a member of a three-person panel and under the AAA, a contract dispute involving a very large semiconductor manufacturer and concerning development of specialized integrated circuits for DSL (digital subscriber line) equipment with liabilities being claimed amounting to several tens of millions of US dollars.

           

o    Mediated, on a court-annexed basis for the United States District Court - Eastern District of New York, four separate Hatch-Waxman patent litigations involving a common prescription drug then having annual sales of approximately US $350-400 Million. These litigations were consolidated, by the mediator and for purposes of mediation, and collectively involved three innovator pharmaceutical companies and three generic pharmaceutical companies.

           

o    Arbitrated, as a member of a three-person panel and via a CPR referral, a domestic patent dispute involving coronary arterial stents, with multiple US patents at issue, between two major multi-national competing medical device manufacturers with liability estimated to be between US $400-800 Million, and in conjunction therewith conducted, along with my co-arbitrators, a Markman hearing.

           

o    Mediated, via a WIPO referral, an international patent dispute involving both mechanical and electronic aeronautical technology, with multiple US patents at issue, with potential liability to the parties involved of approximately US $600 Million. Through this mediation, the parties not only settled their existing disputes -- which had entailed some ten years of international patent litigation, but also agreed on establishing a framework to avoid future patent disputes going forward.

           

o    Arbitrated, as a member of a three‑person panel and under the AAA, an IT dispute resulting from an installation of enterprise resource planning (ERP) software and involving a large international accounting/IT consulting firm with liabilities claimed between US $25-40 Million.

           

o    Mediated an international patent dispute between two large US appliance manufacturers that successfully ended five years of foreign patent litigation with liabilities claimed of approximately US $30 Million.

           


o    Mediated a US patent dispute involving personal digital assistants (PDAs) which successfully ended US patent litigation and formed a framework for future business co-operation between the disputants.

           

o    Arbitrated, as a member of a three‑person panel and via a CPR referral, a telecommunication dispute concerning payment of reciprocal compensation between a large incumbent local exchange carrier (ILEC) and a competitive local exchange carrier (CLEC) with a total amount of compensation impacted at the ILEC estimated at approximately US $50 Million.

           

Arbitrated multiple software development disputes, mostly international, arising between "freelance" developers and their customers, both transacting with each other through an online staffing platform (specifically Upwork Global, previously Elance).

           

Arbitrated domain name disputes for ICANN accredited dispute resolution service providers (WIPO, AAA, CPR, HKIAC-ADNDRC, NAF, eResolution).

*For all my web-published domain name arbitration decisions, see http://www.mandw.com/decisions.pdf (approximately 250 decisions thus far).

For a 4th Circuit decision acknowledging one of my decisions and specifically incorporating my holding with approval into its own, see Newport News Holdings Corp. v. Virtual City Vision, Inc. 09-1947, 98 USPQ2d 1441  (4th Cir. April 18, 2011) and my prior decision Newport News Inc., v VCV Internet, eResolution Case No. AF-0238 (July 18, 2000).

 

Served on single- and three-person arbitration panels, as chair of three-person panels, as emergency arbitrator, and as mediator and co‑mediator.

 

Regarding arbitration of securities and consumer credit disputes, read news articles concerning those disputes.

 

Mediated, for the New Jersey Superior Court, disputes covering a wide range of substantive legal areas (as noted above). (Read letters of commendation)

           

B. Non-ADR Experience -- 1979 to 2012

 

Served as General Counsel (on a virtual basis) for Direct Grid Technologies, LLC handling wide variety of general corporate issues, including intellectual property.

 

Conducted intellectual property and unfair competition litigation in the U.S. Courts; and inter-parte and ex-parte proceedings in the U.S. Patent and Trademark Office involving patents and trademarks, including, e.g. patent appeals, patent reissues, patent interferences and trademark oppositions; and (with foreign counsel) overseas patent and trademark oppositions.

 

Specifically, my experience includes having:

(a) acted as counsel in patent infringement cases involving, e.g., software-based systems, electronic hand­held calculators, video equipment, electronic instruments, and electronic point‑of‑sale terminals and computer systems utilizing these terminals;

(b) prepared patent validity and infringement opinions involving complex electronic technology; prepared trademark validity and infringement opinions;

(c) counseled in intellectual property, antitrust, unfair competition, and privacy law;

(d) prepared/prosecuted several hundred patent applications, both U.S. and foreign, covering a wide range of electronic and mechanical technologies, e.g.; microprocessor and computer hardware and software including massively parallel processing systems; operating systems; cryptography; business methods; decision-theoretic processing; complex electronic systems (both computer and non-computer based) in the technical areas of, e.g., industrial process control and measurement, digital data transmission, communications including radio, wireline and mobile wireless, digital transmission and ISDN, VoIP, asynchronous transfer mode (ATM) and general packet and circuit switching, networking, high definition television (HDTV), video and image processing including image compression and enhancement, video cameras, avionics, speech recognition and processing, radar and medical electronics; semiconductors and semiconductor fabrication; fiber optics; photographic apparatus; displays, including liquid crystal displays (LCDs); electronic circuitry; and mechanical devices and metallurgy; and

(e) prosecuted many U.S. and foreign trademark applications.

 

Experienced in patent and trademark licensing, including F/RAND licensing.

 

Between July 1984 - April 2012 (approximately 28 years), I owned and successfully operated my law firm, Michaelson and Associates (and its predecessor firms).  In so doing, I was responsible for: marketing, finance, purchasing (including capital asset acquisition and long-term leasing of office space and certain equipment), IT and office automation, personnel (both professional and administrative, including: hiring, termination, supervision, benefits and compensation), billing and all other functions attendant to running a small business. During that time, I had complete and sole “bottom line” profit/loss responsibility.

Reported Decisions (as arbitrator):

 

OpenTLD, B.V. v. Internet Corporation for Assigned Names and Numbers (ICANN), case no.: 01-15-0004-1379 (ICDR, August 24, 2015) (Emergency Arbitrator)

 

Hawaii Community Federal Credit Union v. Texas  International Property Associates - NA NA, 88 USPQ2d  1761 (Nat. Arb. Forum, September 3, 2008) (Sole Panelist)

 

322 West 57th Owner LLC v. Administrator, Domain, C/O  Mecca Hosting, 88 USPQ2d 1491 (WIPO, August 6, 2008 (Sole Panelist)

 

Marvel Manufacturing Co. v. Koba Internet Sales LP, 87 USPQ2d 1276 (WIPO, May 5, 2008) (Sole Panelist)

 

Paxar Americas Inc. v. eNom Inc., 84 USPQ2d 1730 (Nat.  Arb. Forum, June 22, 2007 (Sole Panelist)

 

Shaw Industries Group Inc. v. Arcadia Publishing Inc., 84 USPQ2d 1574 (WIPO, March 20, 2007) (Sole Panelist)

 

SPX Corp. v. Hevun Diversified Corp., 81 USPQ2d 1621  (Nat. Arb. Forum, November 13, 2006) (Sole Panelist)

 

Beat the Bookstore, LLC v. May Enterprises, 79 USPQ2d  1360 (Nat. Arb. Forum, December 19, 2005) (Sole  Panelist)

 

Estate of Marlon Brando v. Whois Guard, 77 USPQ2d  1229 (Nat. Arb. Forum, August 29, 2005) (Sole Panelist)

 

Sound Unseen Ltd. v. Vanderhorst, 77 USPQ2d 1585 (WIPO, August 18, 2005) (Sole Panelist)

 

Ringling Bros.-Barnum & Bailey Combined Shows Inc. v. Lima, 74 USPQ2d 1887 (Amer. Arb. Assoc., May 13,  2005) (Sole Panelist)

 

Lockheed Martin Corp. v. Skunkworx Custom Cycle, 74  USPQ2d 1486 (WIPO, January 18, 2005) (Sole Panelist)

 

Mess Enterprises v. Scott Enterprises Ltd., 74 USPQ2d 1289 (WIPO, January 25, 2005) (Presiding Panelist)

 

True Blue Productions Inc. v. Hoffman, 73 USPQ2d 1512 (WIPO, December 22, 2004) (Sole Panelist)

 

National Collegiate Athletic Association v. Brown, 72  USPQ2d 1319 (WIPO, August 30, 2004) (Sole Panelist)

 

Register.com Inc. v. Reile, 70 USPQ2d 1351 (Nat. Arb.  Forum, January 27, 2004) (Sole Panelist)

 

Office of Personnel Management v. MS Technology Inc., 70 USPQ2d 1333 (Nat. Arb. Forum, December 9, 2003)  (Presiding Panelist)

 

Cable News Network LP v. Khouri, 68 USPQ2d 1570 (Nat.  Arb. Forum, December 16, 2002) (Presiding Panelist)

 

National Association of Professional Baseball Leagues,  Inc. v. Zuccarini, 67 USPQ2d 1315 (WIPO, January 21,  2003) (Co-Panelist)

 

Kalaydjian v. Steinle, 64 USPQ2d 1576 (Nat. Arb. Forum,  August 27, 2002) (Sole Panelist)

 

Princeton Linear Associates Inc. v. Copland, 61 USPQ2d 1895 (Nat. Arb. Forum, February 8, 2002) (Sole Panelist)

 

ADR Panel Memberships (including accreditations):

 

A. Active

 

Fellow of the Chartered Institute of Arbitrators (F.C.I. Arb.)

Chartered Arbitrator (C. Arb.) and Member of the Panel of Chartered Arbitrators

Former Chair (now Chair Emeritus), New York Branch, May 2013 - December 2016, and

            Acting Treasurer, New York Branch, October 2014 - December 2016

            (see www.ciarbny.org)

Member of the Executive Committee, New York Branch, May 2013 - present

Former Trustee of the Institute (Americas Region)

Assessor (International Arbitration), Examiner (International Arbitration), Tutor (Arbitration and Mediation) and Course Director (International Arbitration)

The Chartered Institute of Arbitrators

London, England

(see www.ciarb.org)

 

Fellow

College of Commercial Arbitrators (US)

Austin, Texas

(see www.thecca.net)

 

Arbitrator and Mediator - International Centre for Dispute Resolution (ICDR)

(international division of American Arbitration Association)

also Arbitrator - ICDR ICANN String Confusion Objections (SCO) panel

New York, New York

(see www.icdr.org)

 

Arbitrator and Mediator -- Commercial Panel (patent, trademark and technology rosters; and IP specialty rosters, including pharmaceutical, biotech, SEP-FRAND (standard essential patents --fair, reasonable and non-discriminatory terms) and others; Large Complex Case (LCC), E-discovery/Special Master, M&A and Joint Venture, Consumer Account, e‑commerce and Domain Name Dispute Panels

NJ Storm Sandy Mediator

American Arbitration Association (AAA)

New York, New York

(see www.adr.org and AAA Domain Name Dispute Panel of Neutrals)

 

Approved Mediator/Arbitrator in Intellectual Property Disputes

Approved Arbitrator -- ICANN Domain Name Disputes, Legal Rights Objections (LRO) and Trademark Post-Delegation Dispute Resolution Procedure panels

World Intellectual Property Organization (WIPO – a specialized member agency of the United Nations)
WIPO Arbitration and Mediation Center

Geneva, Switzerland

(see Roster of Panelists)

 

Member of Distinguished Panel of Neutrals -- Technology panel, and formerly Bio-tech and e‑Discovery panels

International Institute for Conflict Prevention & Resolution (formerly "CPR Institute for Dispute Resolution")

New York, New York

(see www.cpradr.org)

 

Accredited Mediator

Centre for Effective Dispute Resolution (CEDR)

London, England

(see www.cedr.co.uk)

 

Arbitrator

International Chamber of Commerce (ICC)

International Court of Arbitration, United States Council for International Business

New York, New York

(see www.iccwbo.org)

 

Arbitrator

London Court of International Arbitration (LCIA) - North American Council

London, England

(see www.lcia.org)

 

Arbitrator (IP Disputes Panel)

Singapore International Arbitration Centre (SIAC)

Singapore

(see www.siac.org.sg)

 

Arbitrator, Mediator and Domain Name Dispute Resolution Panelist

Kuala Lumpur Regional Centre for Arbitration (KLRCA)

Kuala Lumpur, Malaysia

(see www.klrc.org.my)

 

Arbitrator

HKIAC Intellectual Property Disputes Panel

ICANN Uniform Domain Name Dispute Resolution Policy (UDRP) and Register Transfer Dispute Resolution Policy (RTDRP) Panels, Asian Domain Name Dispute Resolution Centre (ADNDRC)

Hong Kong International Arbitration Centre (HKIAC)

Hong Kong

(see www.hkiac.org)

 

Arbitrator

Pacific International Arbitration Centre (PIAC)

Ho Chi Minh City, Vietnam

(see www.piac.vn/default.aspx)

 

Arbitrator -- International Panel

British Columbia International Commercial Arbitration Centre (BCICAC)

Vancouver, British Columbia, Canada

(see www.bcicac.com)

 

Arbitrator

National Association of Securities Dealers (NASD) and New York Stock Exchange (NYSE)

now FINRA (Financial Industry Regulatory Authority)

New York, New York

 

Arbitrator and Mediator

United States District Court - Eastern District of New York

(see: Roster of Mediators and Roster of Arbitrators)

 

Mediator

New Jersey Superior Court

(see www.judiciary.state.nj.us/acms/medr/)

 

Volunteer Arbitrator/Mediator -- New Jersey and New York rosters, Association of the Bar of the

City of New York -- World Trade Center relief efforts - September 11 Pro Bono Initiatives

(administered through the American Arbitration Association)

 

Arbitrator

ICANN Uniform Domain Name Dispute Resolution Policy and Register Transfer Dispute Resolution Policy Panels; and Intellectual Property, and Consumer Credit Dispute Arbitration Panels Mediator -- Intellectual Property Panel

National Arbitration Forum (NAF) now "The Forum", Minneapolis, Minnesota (see NAF IP Panel brochure)

(voluntarily resigned from all NAF panels as of July 20, 2009; re-joined The Forum's "National Panel" as of November 2015)

 

B. Former

 

Member -- List of World’s Leading Technology Neutrals ("Tech List")

Silicon Valley Arbitration and Mediation Center

Palo Alto, California

(see October 2016 Tech List flyer)

 

Member -- Arbitration and Mediation Panels

Australian Centre for International Commercial Arbitration (ACICA)

Sydney, Australia

 

Member -- Arbitration and Mediation Panels

National Academy of Distinguished Neutrals (NADN)

(see August 2016 NADN listing)

 


Legal Positions Held:

           

            January 2011 - present - Principal; and Arbitrator, Mediator & Attorney

Michaelson ADR Chambers, LLC

New York, New York and Rumson, New Jersey

 

July 1984 - April 2012 - Principal; and Attorney, Arbitrator and Mediator

Michaelson & Associates (and predecessor law firms)

Shrewsbury, New Jersey

 

October 2010 - April 2012

General Counsel (virtual)

Direct Grid Technologies LLC

Edgewood, New York

 

1982 - 1984 - Associate Patent Attorney

Pennie & Edmonds

New York, New York

 

1979 - 1982 - Corporate Patent Attorney (Member of the Legal and Patent Staff)

Bell Telephone Laboratories

Holmdel, New Jersey

 

Education:

 

Legal -

 

Formal education:

 

New York University School of Law

New York, New York

June 1985 - Masters of Law (LLM) - Trade Regulation

 

Duquesne University School of Law

Pittsburgh, Pennsylvania

June 1979 - Juris Doctor (JD)

Senior Staff Member - Duquesne Law Review

 

Mediation, Arbitration & Negotiation principal training:

 

ICDR International Symposia on Advanced Case Management Issues

Washington, DC

September 2016

 

2015 Joint Columbia Law School -- Chartered Institute of Arbitrators Course on International Commercial Arbitration

New York, New York

May 2015

 

ICDR International Symposia in Advanced Case Management Issues

International Centre for Dispute Resolution

Coronado, California

February 2009

 

Advanced Mediator Training

The Hague, Netherlands

CPR Institute of Dispute Resolution New York, New York

October 2004

 

Advanced Mediator Skills Training

Chipping Campden, Gloucestershire, England

Mediation and Training Alternatives (MATA) in association with Centre for Effective Dispute Resolution (CEDR) London, England

May 2004

 

Arbitrator II Workshop - Advanced Case Management, Somerset, NJ, October 2002

Arbitrator I Workshop - Fundamentals of the Arbitration Process, New York, NY

American Arbitration Association

December 2001

 

6th Annual International Summer School Mediator Skills Training

Vevey, Switzerland

CEDR

London, England

August-September 2001

 

Advanced Mediation Techniques Training Course

Center for Dispute Settlement

Washington, DC

May 2000

 

Program of Instruction for Lawyers -- The Lawyer as Negotiator Workshop,

June 1999; and Advanced Mediation Workshop, November 1997

Harvard Law School

Cambridge, Massachusetts

 

WIPO Workshop for Arbitrators

World Intellectual Property Organization WIPO Arbitration and Mediation Center

Geneva, Switzerland November 1996

 

Program of Instruction for Lawyers -- Mediation Workshop

Harvard Law School

Cambridge, Massachusetts

June 1996

 

Mediation of Intellectual Property Disputes Training Program

WIPO Arbitration and Mediation Center

Geneva, Switzerland

May 1995

 

Program on Negotiation - Negotiation Workshops

Harvard Law School

Cambridge, Massachusetts

June 1993

 

Technical -

 

Carnegie-Mellon University

Pittsburgh, Pennsylvania

May 1975 - Master of Science (MS) - Electrical Engineering

While pursuing graduate studies, I taught, under a university teaching assistantship, two semester-long engineering courses at the university: one, during the fall 1974 semester, concerning fundamentals of engineering to a class of freshman students; the other, during the spring 1975 semester, concerning control theory to a class of senior electrical engineering students.

 

Carnegie-Mellon University

Pittsburgh, Pennsylvania

May 1974 - Bachelor of Science (BS) - Electrical Engineering & Economics

 

Bar Memberships:

 

Alaska (2000)

 

New York (1986)

 

New Jersey (1980)

 

U.S. Patent and Trademark Office (1980) (Registered Patent Attorney 30,090)

 

Pennsylvania (1979)

 

Various Federal District Courts and Courts of Appeal, including U.S. Supreme Court (1986), U.S. Court of Appeals for the Federal Circuit (1983) and U.S. Court of Appeals for the Third Circuit (1981)

 

Technical Experience:

           

Designed and developed microprocessor- and computer-based industrial process control, automation and measurement systems, and general electronic and specialized interface circuitry.

 

Technical Positions Held  -- 1975 to 1979:

 

1977 - 1979 -- Electronics Development Engineer

Rockwell International Corporation

Municipal & Utility Division

Pittsburgh, Pennsylvania

 

1976 - 1977 -- Electronics Development Engineer

Aluminum Co. of America (Alcoa)

Alcoa Technical Center

Production Equipment Laboratories

Pittsburgh, Pennsylvania

 

1975 - 1976 -- Electronics Project Engineer

Control Systems Research, Inc.

Pittsburgh, Pennsylvania

           

Professional Memberships:

           

Alaska Bar Association

 

American Bar Association (Dispute Resolution and Intellectual Property sections)

 

Chartered Institute of Arbitrators (Former Chair (now Chair Emeritus) and Former Acting    Treasurer, Member of Executive Committee - New York Branch, and

            Former Trustee of the Institute (Americas Region))

During January 2013 - May 2013, I co-established, in conjunction with the Chartered Institute's headquarters in London, the New York Branch.  Between May 2013 - December  2016, I successfully ran the Branch as its first chair.  In my role as Chair and working closely with members of the Branch Executive Committee, I organized the Branch's operations, instituted and administratively ran various Branch programs and courses, built a solid financial base for the Branch and a very strong brand recognition for the Branch in both the New York and global international arbitration communities, and nearly doubled Branch membership.

 

College of Commercial Arbitrators (Corporate committee)

 

International Arbitration Club of New York

 

New Jersey State Bar Association (Dispute Resolution section)

 

New York International Arbitration Center (NYIAC)

 

New York State Bar Association (Dispute Resolution section)

           

Other Credits and Qualifications:

 

Master -- Justice Marie L. Garibaldi American Inn of Court (NJ) for Alternative Dispute Resolution

 

Member -- National Patent Advisory Council, American Arbitration Association

 

Member -- WIPO Working Group on Life Science Dispute Resolution

 

Supporting Fellow and National Summit Participant of “The College of Commercial Arbitrators -- Protocols for Expeditious, Cost-Effective Commercial Arbitration”, Oct. 2009 (click here for protocols)

 

Member (former) -- CPR International Commission on Patent Disputes; Technology Committee and Neutrals Selection Sub-committee; Arbitration Committee and Expedited Arbitration Sub‑committee, e-Discovery Committee and Neutrals Selection Sub-committee; Energy, Oil and Gas Committee, 2009 Annual Meeting Advisory Committee (click here for meeting brochure), and 2008 Annual Meeting Advisory Committee. Also participated in creating, formulating and drafting various CPR undertakings, including:

a) “Report of the CPR Patent Mediation Task Force -- Effective Practices Protocol” (2014) (click here for report);

b) “CPR Protocol on Damages in Arbitration” (2010) (click here for protocol); and

c) “CPR Global Rules for Accelerated Commercial Arbitration” (2009) (click here for rule set).

 

Member (former) -- National Academy of Distinguished Neutrals and Executive Committee, New Jersey Chapter (click here for announcement)

 

 

Publications:

 

Contributed articles concerning various aspects of intellectual property law and alternative dispute resolution to professional, legal and technical publications;

specifically:

           

“Chapter 20 - Use of Arbitration in Resolving Disputes involving Intellectual Property”, Handbook of Commercial Arbitration, 2nd Ed., American Bar Association, Section of Litigation (co-author) (forthcoming)

 

"Emergency Arbitration: Fast, Effective and Economical", Just Resolutions (publication of the American Bar Association, Dispute Resolution Section), March 2016 (click here for publication) (also available at http://ssrn.com/abstract=2762715)

 

"Arbitrator Selection", An Arbitration Primer for Litigators, New York State Bar Association (NYSBA), Dispute Resolution Section, December 2015 , p. 7-8 (click here for publication)

 

“Patent Arbitration: It Still Makes Good Sense”, Landslide (Journal of the Intellectual Property Section of the American Bar Association), Vol. 7, No. 6 (July/August 2015) (also available at http://ssrn.com/abstract=2635036) (click here for re-print), an updated version appears in CPR Alternatives, March 2016, p. 35-41 (click here for publication)

 

“Guidance Note: Arbitration and Social Media” (co-author) (click here for note) (also available at http://ciarbny.org/wp-content/uploads/Social-Media-Guidance-Note-Final062015.pdf)

 

“When Speed and Cost Matter: Emergency and Expedited Arbitration”, New Jersey Law Journal, Vol. 218, No. 4 (October 27, 2014), p. 50 (also available at http://ssrn.com/abstract=2523023) (click here for re-print)

 

“The New 2014 WIPO ADR Rule Set: Flexible, Efficient and Improved”, NYSBA New York Dispute Resolution Lawyer, Vol. 7, No. 2 (Fall 2014), pp. 32-35 (also accessible at http://ssrn.com/abstract=2523032) (click here for re-print)

 

“Neutral Selection: Some Guidance from a Neutral”, Dispute Resolution Journal, Vol. 69, No. 1, June 2014, pages 25-31 (published for the American Arbitration Association by JurisNet, LLC) (click here for article) and re-published as Chapter 4, pages 37-43 in ICDR Handbook on International Arbitration and ADR, 3rd Ed., Juris Publishing, July 2017 (click here to view); an expanded version appears in CPR Alternatives, Vol. 32, No. 6, June 2014, pages 85 and 89-93 (click here for full issue) (click here for article) (also available at http://ssrn.com/abstract=2455914) and in A. Rovine ed., Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2014 (©2015, Koninklijke Brill NV, Leiden), pages 13-23

 

“Demystifying Commercial Arbitration: It’s Much Better Than You Think”, New Jersey Law Journal, Vol. 216, No. 7, Section 3 -- Alternative Dispute Resolution Supplement, May 26, 2014, pages S1, S2 and S8 (click here for re-print) (also available at http://ssrn.com/abstract=2448242)

 

“Neutral Selection: Some Guidance from a Neutral”, and Interview (IP Member Spotlight) of Peter L. Michaelson, both appearing in American Bar Association Just Resolutions, March 2014 (click here for front page of edition) (click here for article) (click here for interview)

 

"Enhanced Tribunals: Why It's Time to Use Personality Screening to Supplement Selection Criteria" (a two-part article), CPR  Alternatives, November 2010 (part 1 -- click here for full issue), and "Can Conflicting Styles Be Detected? How Personality Screens Make Tribunal 'Matches' for More Effective Arbitration, CPR Alternatives, December 2010 (part 2 -- click here for full  issue)

 

"Enhancing Arbitrator Selection: Using Personality Screening to Supplement Conventional Section Criteria for Tripartite Arbitration Tribunals", Arbitration - The International Journal of Arbitration, Mediation  and Dispute Management, Vol. 76, February 2010, p. 98-112 (click here to view re‑printed version) (also available at http://ssrn.com/abstract=2455918)

 

"In International Arbitration, Disclosure Rules at the Place of Enforcement Matter Too", Dispute Resolution Journal, Vol. 62, No. 4, November 2007-January 2008, pages 82-88 (click here to view published version) (click here to view re-printed version) (also available at http://ssrn.com/abstract=2455943), re-published as Chapter 29, pages 351‑360, AAA Handbook on International Arbitration Practice, Juris Publishing September 2010 (click here to view), as Chapter 28, pages 397-406 in ICDR Handbook on International Arbitration Practice, 2d Ed., July 2017 (click here to view),  as Chapter 11, pages 133-142, American Arbitration Association Handbook on International Arbitration and ADR, 2nd Ed., Juris Publishing, October 2010 (click here to view) and Chapter 13, pages 151-160 in ICDR Handbook in International Arbitration and ADR, 3rd Ed., Juris Publishing, July 2017 (click here to view)

 

"Vacatur Not Warranted for Undisclosed Trivial Past Association - But Guidance for Other Transactions is Lacking," Dispute  Resolution Journal (ADR News Section, Ethics in Arbitration), Vol. 62, No. 1, February‑April 2007, pages 4 and 21 (click here to view)

 

"The 1984 Semiconductor Chip Protection Act - A Comprehensive View," Communications and the Law, Vol. 8, No. 5, October 1986, pp. 23-55 (click here to view)

 

"Patent and Trade Secret Protection of Software: Patentability of Programs - Nature and Scope of Trade Secret Protection," Computer Software and Chips 1986,  Practising Law Institute, 1986, pp. 403‑429

 

 "Legal Defenses Against Piracy," Electronics Week, Vol. 38, No. 9, March 4, 1985, pp. 53-56 (click here to view)

 

"Software Protection in the United States - Facts, Fantasies, Methods and Results," Proceedings of EUREL - 6th European  Conference on Electrotechnics, EUROCON 84, Computers in Communication and  Control, Brighton, England, September 1984, pp. 54‑57 (click here to view). Reprinted in Japanese in Business Communication  Journal, published by the Kikaku Center Co., Ltd., Tokyo, Japan, pp. 59-63, December 1984 (co-author) (click here to view)

 

"A Brief Look at the Legality of Competitive Restrictions Imposed on Trade Secret Licensees by Trade Secret Licensors," Journal of the Patent Office Society, Vol. 63, No. 6, June 1981, pp. 320-334 (click here to view)

 

Seminars and Presentations Given:

 

Conducted numerous legal seminars and presentations concerning intellectual property law, alternative dispute resolution and domain name arbitration for various professional and continuing legal education organizations, institutions, and national, state and regional bar associations, the principal ones being:

              

Webinar: "A Few Things Every AAA Arbitrator Should Know -- Ethics, AAA Standards and Responsibilities, Sanctions, Immunity and Malpractice Insurance", American Arbitration Association (forthcoming)

 

"Preparing the Mediation Meeting: A Mediator's Perspective", 2017 WIPO Mediators'  Meeting - Exchange of Best Practices, WIPO, Geneva, Switzerland, March 24, 2017 (panelist) (program agenda) (presentation)

              

“Clearing the Fog: Practical Insights for Enhancing AAA Arbitrator Practices and Opportunities”, Sessions 205/305, AAA/ICDR Neutrals’ Conference, New Orleans, Louisiana, February 19-20, 2016 (panelist) (conference agenda) (presentation)

 

"Intellectual Property Arbitration", 4th Annual Georgetown International Arbitration Month program sponsored by Georgetown International Arbitration Society, Georgetown University Law Center, Washington, DC, February 10, 2016 (panelist) (click here for session flyer)

 

Webinars: "Neutral Selection for the Large Arbitration Case: Tips from the Front Line", American Arbitration Association, February 2016 (click here for webinar); and "Neutral Selection for Regular Track Cases: Tips from the Front Line", American Arbitration Association, February 2016 (click here for webinar)

 

"Emergency Arbitration in IP Matters", Teleconference Program, ABA Dispute Resolution Section IP Committee and IPL Section ADR Committee, December 17, 2015

 

“WIPO Mediation and Arbitration Workshop” (including a session on FRAND Disputes), World Intellectual Property Organization (WIPO) Arbitration and Mediation Center, Palo Alto, California, November 12-13, 2015 (faculty/panelist) (program e-flyer)

(click here for workshop outline,

here for presentation for Session V - Preparatory Organization of the Mediation,

here for presentation for Session VI - The Conduct of a Mediation Meeting and the Role of the Different Actors, and

here for presentation for Session X - Selecting and Appointment of the (Arbitral) Tribunal and Preparatory Organization

 

“Award Writing” session of ”Commercial Arbitration Training for Arbitrators and Counsel: Comprehensive Training for the Conducting of Commercial Arbitration” sponsored by the New York State Bar Association and Benjamin N. Cardozo School of Law, New York, New York, June 1-3, 2015 (panelist) (program flyer)

 

“ADR in Innovation and Technology Cases: Are Tech Cases Special? What You Need to Know”, 17th Annual Spring Conference of the American Bar Association Section of Dispute Resolution, Seattle, Washington, April 17-20, 2015 (panelist) (conference program) (session information) (session materials)

                       

 “Protecting Your IP Overseas: WIPO Services and Initiatives”, specifically “Mediation of IP Disputes -- The WIPO Experience”, World Intellectual Property Organization in partnership with the United States Patent and Trademark Office (USPTO) and in cooperation with the American Intellectual Property Law Association (AIPLA) and with the support of the United States Chamber of Commerce (USCC), November 12, 2014, Princeton, New Jersey (panelist) (click here for presentation)

 

“WIPO Arbitration Workshop” (including a session on resolving FRAND disputes), World Intellectual Property Organization Arbitration and Mediation Center and co‑sponsored by The New York Branch of The Chartered Institute of Arbitrators and the Licensing Executives Society (US and Canada),November 7, 2014, New York, New York (faculty/panelist) (click here for workshop outline,

here for presentation for Session III -- Selection and Appointment of the Tribunal and Preparatory Organization, and

here for presentation for Session VII -- Case Management Techniques for IP Arbitration, including in FRAND Disputes; and

here for WIPO letter of appreciation)

              

“WIPO Mediation Workshop” (including a session on resolving FRAND disputes), World Intellectual Property Organization Arbitration and Mediation Center and co‑sponsored by The New York Branch of The Chartered Institute of Arbitrators and the Licensing Executives Society (US and Canada),November 6, 2014, New York, New York (faculty/panelist)

(click here for workshop outline,

here for presentation for Session III -- Preparing and Commencing the Mediation,

here for presentation for Session VI  -- The Conduct of a Mediation Meeting and the Role of the Different Actors, and

here for presentation for Session VIII -- Drafting Effective Mediation Clauses and Submission Agreements and Case Management Techniques; and

here for WIPO letter of appreciation)

 

“Neutral Selection: Some Guidance from  Neutral”, 9th Annual Fordham Law School Conference on International Arbitration and Mediation, New York, New York, June 12-13, 2014 (panelist) (e-flyer) (conference program) (presentation)

 

“Arbitrating Disputes over RAND (Reasonable and Nondiscriminatory) Licensing Commitments”, Teleconference Program, ABA Dispute Resolution Section IP Committee and IPL Section ADR Committee, May 21, 2014 (panelist) (program recording)

 

“Perspectives of an IP Neutral -- discussion on a few topics”, High Technology Law Group, San Jose, California, October 10, 2013 (speaker) (presentation) (cited references)

              

“International Arbitration - Market Opportunities”, 2013 Americas Regional Meeting, MSI Global Alliance, New York, New York, June 8, 2013 (speaker) (presentation)

              

“WIPO Mediation and Arbitration: Alternative to Global Patent Litigation”, Annual Meeting of the American Bar Association, ABA-IPL Programs, Chicago, Illinois, August 2-7, 2012 (panelist) (program brochure) (presentation materials) (letter of appreciation)

 

"The ABA’s Got Talent“ specifically sub-session “How Niche Marketing has Helped Grow Your Practice”, 14th Annual Spring Conference of the American Bar Association Section of Dispute Resolution, Washington, DC, April 18-21, 2012 (panelist) (session flyer)

 

“Best Practices for a Successful Mediation of a Patent Dispute” specifically sub-session of “Mediation of Patent Disputes -- The WIPO Experience”, 27th Annual Intellectual Property Law Conference of the American Bar Association, Washington, DC, March 28‑30, 2012 (panelist requested by and representing WIPO) (presentation materials) (conference program) (conference speakers) (conference speakers’ bios) (letter of appreciation)

              

“Issues Raised for Arbitrators by Current and Anticipated Future Use of Social Media such as Facebook, Twitter, YouTube and Other Internet-based Programs”, specifically the portion “Social Media - Challenges for Arbitrators -- An Explanation of Social Media”, 2011 Annual Meeting of the College of Commercial Arbitrators, Denver, Colorado, October 22, 2011 (panelist) (conference brochure) (presentation materials)

 

"Streamlining Arbitration -- It's What Your Client Wants: Protocols for Expeditious, Cost-Effective Commercial Arbitration", 2011  Annual Meeting of the New Jersey State Bar Association, Atlantic City, New Jersey, May 19, 2011 (panelist) (conference brochure)

 

"E-Discovery and ADR -- Yes It Matters", Justice Marie Garibaldi American Inn of Court for Alternative Dispute Resolution in conjunction with the New Jersey State Bar  Association Dispute Resolution Section and the New Jersey Association of Professional Mediators, Basking Ridge, New Jersey, February 10, 2011 (panelist) (program  announcement) (presentation) (presentation  materials)

 

"Mediating and Arbitrating Technology Cases", New Jersey State Bar Association,  Dispute Resolution Section, New Jersey Law Center, New Brunswick, New Jersey, November 9, 2010 (panelist) (program announcement)

 

"Different Options for Resolving International Disputes Involving Intellectual Property", Arbitration and Mediation for International  Intellectual Property Disputes, presented by American Bar Association - Section of Intellectual Property Law, International Intellectual Property Society (IIPS), World Intellectual Property Organization (WIPO), New York, New York, March 25, 2010 (panelist) (program announcement) (presentation)

                       

"Anatomy of a Mediation - Effective Strategies for Maximizing Positive Outcomes", First Annual Fall Meeting of the  Dispute Resolution Section of the New York State Bar Association, New York, New York, November 13, 2008 (panelist) (program brochure)

 

"Special Focus on Evidentiary Issues", October 29, 2008, Fifth Annual Seminar on International Commercial Arbitration: How to Handle Intellectual Property and Telecommunication Cases, American University, Washington College of Law, Washington, D.C., sponsored by American University Washington College of Law, American Arbitration Association, International Centre for Settlement of Investment Disputes (ICSID) and International Chamber of Commerce (ICC), October 27-30, 2008 (panelist) (program brochure) (seminar agenda) (presentation) (letter of appreciation)

 

"Registrars and the UDRP - registrars as registrants and other conundrums -- The GE (D2007-1834), Ricard (D2008-0789), Canwest (D2008-0687) and Eva Padberg (D2007‑1886) cases"; Domain Name Panelists Meeting, WIPO Arbitration and  Mediation Centre, Geneva, Switzerland, October 20, 2008 (co‑presenter) (presentation) (meeting program)

 

"Mediating IP Disputes - Overcoming the Skeptics: a panel discussion followed by an audience driven, freeze-frame mock mediation session", Chartered Institute of Arbitrators Mediation Symposium: The Big Issue and Challenges Facing Mediators, Chartered Institute of Arbitrators, London, UK, September 24, 2008 (program brochure)

 

"Arbitration and Mediation of Intellectual Property Disputes Today" jointly sponsored by ABA IP and Dispute Resolutions Sections at 2007 Annual Meeting of the American Bar Association, San Francisco, California, August 9-14, 2007 (speaker requested by WIPO) (panelist) (annual meeting brochure) (DR  section program schedule) (IP section  events & programs)  (presentation graphics) (letter of appreciation)

 

"Resolving Domestic and International IP Disputes Through Arbitration and Mediation" Presentation by WIPO Arbitration and Mediation Center, sponsored by IP and  International Law Sections of The D.C. Bar Association and the Federal Circuit Bar  Association, Washington, D.C., May 22, 2007 (speaker requested by WIPO) (program announcement) (presentation graphics)

 

"Advanced Strategy and Tactics for Intellectual Property Disputes", Session D5, April 27, 2007 at Ninth Annual Spring Conference of the American Bar Association Section on Dispute Resolution, Washington, D.C., April 25‑28, 2007 (panelist) (conference brochure)

 

"WIPO: Domain Names Dispute Resolution" Annual Meeting of the International Law and  Practice Section of the New York State Bar  Association, New York, New York, January 24, 2007 (substitute speaker requested by Debevoise & Plimpton LLP for David Bernstein) (meeting announcement) (presentation graphics)

 

"Confidentiality and Conflict of Interests in Intellectual Property Disputes", Intellectual Property Focus Area, an International Commercial Arbitration and Mediation Conference, The International Centre for Dispute Resolution (of the American  Arbitration Association), Philadelphia, Pennsylvania, December 6, 2006 (panelist) (conference brochure)

 

"Alternative Dispute Resolution in Intellectual Property Disputes", International Intellectual  Property Society Meeting, New York, New York, September 14, 2006 (panelist) (meeting announcement) (presentation graphics)

 

"Advanced Strategies and Tactics for Intellectual Property Disputes" and "Consideration in Selecting a Mediator - An In-house Perspective" at ADR on My Mind in Georgia, 8th Annual Spring Conference of the American Bar Association Section of Dispute Resolution, Atlanta, Georgia, April 5-8, 2006 (panelist) (conference brochure)

 

"Confronting Realities and Ethical Traps in IP ADR", Session 2A, at Hot Topics in  Entertainment and Intellectual Property,  American Bar Association Section of Dispute Resolution, Las Vegas, Nevada, October 21, 2005 (panelist) (flyer)

 

"Mediation in IP Cases: Practice Pointers from All Perspectives", New York Intellectual Property Law Association, New York, New York, January 14, 2005 (panelist) (flyer)

 

"Resolution of Intellectual Property Disputes in the 21st Century" workshop in IP ADR at 50th Council Meeting of the Asian Patent Attorneys Association (APAA), Fukuoka, Japan, October 24-27, 2004 (panelist invited by APAA) (conference brochure) (workshop agenda) (presentation graphics)

 

"Resolving Patent Disputes through Mediation and WIPO -- Less Risk, Less Cost and Better Results", BIO (Biotechnology Industry Organization) Intellectual Property Counsels' Meeting, Boston, Massachusetts, October 4-5, 2004, (spoke in my own capacity and also represented WIPO Arbitration and Mediation Center) (flyer) (presentation graphics)

 

Panelist for "ADR Practitioner Session", WIPO Mediation Interest Group Meeting, September 6, 2004, World Intellectual Property Organization, Geneva, Switzerland (meeting agenda)

 

"Common Pitfalls and Some New Twists to IP ADR", Session E8, April 17, 2004 at Resolution and Resilience in New York, 6th Annual Spring Conference of the American Bar Association Section of Dispute Resolution, New York, New York, April 15-17, 2004 (panel member for roundtable discussion) (conference brochure) (letter of appreciation)

 

"Patent ADR - A Better Way: Less Risk, Less Cost, Better Results", Part of Session C15 "ADR in a High Tech World", March 21, 2003, at Insight for Inspired Practice, 5th Annual Spring Conference of the American Bar Association Section of Dispute Resolution, San Antonio, Texas, March 20- 22, 2003 (panelist) (conference brochure) (letter of appreciation)

 

"ADR and Internet Domain Names -- The New Top Level Domains and Their Dispute Resolution Processes", Advanced Seminar in Trademark Law, Practising Law Institute, New York, New York, June 5, 2002 (cover book pages) (letter of appreciation)

 

"Tales of a Domain Name Arbitrator -- Revenge, Deceit and Extortion. Watch Out! You Just Might Be the Next Victim" and "Pete's Patent Law Primer - What You Need to Know", Recent Developments in Intellectual Property & E-Commerce on the  Internet, Alaska Bar Association, Anchorage, Alaska, October 11, 2001 (flyer)

 

Seminars and Programs Organized:

                       

            Organized/co-organized professional seminars, courses and programs, including:

                       

"Accelerated Route to Fellowship Program” (international commercial arbitration training course)", New York Branch of The Chartered Institute of Arbitrators, June 13-15, 2016 in New York, New York (flyer) (registration brochure) and June 12-14, 2017 in New York, New York (registration brochure).

My responsibilities included complete and sole administration and faculty selection for the June 2016 course and co-administration of the June 2017 course.

 

“Joint Columbia Law School -- Chartered Institute of Arbitrators Course on International Commercial Arbitration”, Columbia University School of Law and The Chartered Institute of Arbitrators New York Branch,

(a) first presentation of the course: May 11-15, 2015, New York, New York (course co‑director along with Professor George A. Bermann, Gellhorn Prof. of Law & Jean Monnet Professor of European Union Law, Columbia University School of Law and Thomas D. Halket) (flyer) (registration brochure),

(b) second presentation of the course: to be given June 6-10, 2016 in New York, New York  (course co‑director along with Professor George A. Bermann, Thomas D. Halket and Eugene I. Farber) (flyer) (registration brochure), and

(c) third presentation of the course: June 5-9, 2017 in New York, New York (course co‑director along with Professor George A. Bermann, Thomas D. Halket, Richard L. Mattiaccio and Steven A. Certilman) (registration brochure).

My responsibilities included complete and sole administration of the May 2015 and June 2016 courses, and co-administration of the June 2017 course.

 

“The New York Convention: Back for the Future”, A joint conference between the Chartered Institute of Arbitrators New York Branch and UNCITRAL concerning the UNCITRAL Guide to the New York Convention and other contemporary issues regarding the Convention, October 21, 2015, New York, New York (flyer) (session video-recordings)

 

“The Judges’ Program” (panel discussion with Hon. William Bassler, Hon. Judith Kaye and Hon. William Webster principally regarding their perspectives as ex-jurists when sitting as arbitrators), The New York Chapter of the Chartered Institute of Arbitrators and co-sponsored by The North American Branch of the Chartered Institute of Arbitrators, ICDR, ICC, CPR Institute, American Bar Association Section of International Law, New York State Bar Association, Skadden Arps Slate Meagher & Flom LLP, and Fordham University School of Law, at Fordham University Law School, New York, NY, October 6, 2011 (flyer)

 

Other Professional Activities:

                       

Engaged in other professional activities, including:

 

Volunteer Judge, “ABA Representation in Mediation National Competition”, ABA Section of Dispute Resolution, New York, New York, April 6, 2016

 

Arbitrator in the: 9th Annual ICDR Practice Moot, sponsored by the ICDR, for The Annual Willem C. Vis Moot International Commercial Arbitration Moot competition, New York, New York, February 26, 2016; and 10th Annual ICDR Practice Moot, sponsored by the ICDR, for The Annual Willem C. Vis Moot International Commercial Arbitration Moot competition, New York, New York, March 10, 2017

 

Arbitrator in pre-moot practice session, sponsored by the ICC International Court of Arbitration, for The Annual Willem C. Vis Moot International Commercial Arbitration Moot competition, New York, New York, February 12, 2016

 

Participant in: “USPTO Roundtable Consultation on the Use of Mediation for Disputes Before the USPTO”, United States Patent and Trademark Office, Silicon Valley Regional Office, San Jose, California, November 10, 2015 (organized by the USPTO and the WIPO Arbitration and Mediation Center)

 

Volunteer Judge, “ABA Representation in Mediation National Competition”, ABA Section of Dispute Resolution, Seattle, Washington, April 15, 2015

 

Tutor for “Accelerated Route to Fellowship Program”, New York Branch of The Chartered Institute of Arbitrators, New York, New York, May 15-17, 2014 and June 13-15, 2016

 

Volunteer Judge, “ABA Representation in Mediation National Competition”, ABA Section of Dispute Resolution, Miami, Florida, April 2, 2014

 

At the request of Carnegie-Mellon University (CMU), I provided a presentation and served as panel leader and moderator for a panel discussion, for CMU students and alumnus interested in pursuing a legal career, entitled "So you want to be a lawyer: a frank discussion of what really awaits you in the profession", Carnegie-Mellon University, Pittsburgh, Pennsylvania, September 15, 2010 (e-mail program announcement)

 

Instructor for "Joint CIArb-CPR Arbitrator Training (Fast Track to Fellowship in the Chartered Institute of Arbitrators)" (international arbitration training course), New York Chapter of The Chartered Institute of Arbitrators, New York, NY, May 20-22, 2010 (flyer)

 

Participant in "Intellectual Property Roundtable - Patent Practice: A Shifting Landscape", Regional General Counsel, September 2009, (supplement to New Jersey Law Journal, Vol. 197, September 28, 2009), pages 24-31 (full supplement) (roundtable portion)

 

WIPO Arbitrator for Mock International Licensing Dispute held at 2007 Annual  Meeting of the Licensing Executives Society  (LES), Vancouver, B.C., Canada, October 14-17, 2007, specifically sessions 5-L and 6- L "Resolving International Licensing Disputes through Arbitration", October 17, 2007 (requested by WIPO to represent the organization and to serve as arbitrator) (annual meeting brochure) (session handout)

 

Volunteer arbitration judge for First Annual National Arbitration Competition sponsored by the American Bar Association and the National Arbitration Forum, William Mitchell College of Law, St. Paul, Minnesota, November 18-20, 2005

 

Civic Service

                       

                        Member, Zoning Board of Adjustment; Rumson, New Jersey

                        1988-1993

                       

                        Member, Rumson School Budget Advisory Committee; Rumson, New Jersey

                        1981-1988

                       

Ratings and Listings:

                       

Ratings:

           

Martindale-Hubbell:

a) "AV" Rated (highest)

b) listed in 2016 Bar Register of Preeminent Lawyers, Peer Review Rating 5.0 out of 5 ("Preeminent") and prior editions

(click here for Martindale-Hubbell entry)

 


AVVO (avvo.com) Attorney Rating "10.0" out of 10 - "Superb" (highest)

(click here for Avvo entry)

                       

Inside New Jersey, “New Jersey’s Legal Leaders -- Top Rated Lawyers”, ADR and Arbitration sections, 2012 and all subsequent editions to present (click here for 2013 edition and click here for 2012 edition)

                       

                        Listings:

           

Who's Who in America

Who's Who in the East

Who's Who in American Law

Who's Who in American Finance and Industry

Who's Who in Finance and Business

Who's Who in the World

Who's Who in Emerging Leaders in America

 

The Roster of International Arbitrators - 2nd Ed., Juris Publishing

 

References:

 

References will gladly be furnished upon request.

 

 

Most recent update: September 22, 2017