About the Editor:
Thomas D. Halket is an attorney practicing in New York. He divides his time between his corporate and commercial technology law practice, his arbitration and mediation work both as counsel and neutral and law school teaching. He is a Partner at Halket Weitz LLP, an associate member of Tanfield Chambers in London (for arbitration matters) and an Adjunct Professor of Law at the Fordham University School of Law where he teaches courses on International Arbitration and on Business Planning for the Entrepreneurial Enterprise. Prior to forming Halket Weitz, he was the Partner in charge of the Commercial Technology Practice in the New York Office of Bingham McCutchen LLP.
A Chartered Arbitrator, Fellow of the Chartered Institute of Arbitrators and Fellow of the College of Commercial Arbitrators, Mr. Halket has been an arbitrator and mediator for over 25 years. He is a member of arbitral panels around the world. They include those of the American Arbitration Association, the CPR Institute for Dispute Resolution, the Chartered Institute of Arbitrators, the Singapore International Arbitration Centre, the Kuala Lumpur Regional Centre for Arbitration, the Hong Kong International Arbitration Centre and the World Intellectual Property Organization. He has served as an arbitrator for the International Chamber of Commerce and is a member of the London Court of International Arbitration.
He is the Deputy Chairman of the Board of Management and the Chairman of the Practice and Standards Committee of the Chartered Institute of Arbitrators and has been Chairman of Chartered Institute’s Technology Subcommittee and Chairman of the its New York Chapter. He is the Chairman of the Technology Advisory Committee of the American Arbitration Association and a member of the Scottish Arbitration Centre';s Arbitral Appointments Committee. Other positions he has held include Chairman of the Section of Science and Technology of the American Bar Association, Chairman of the Subcommittee on Software and the Uniform Commercial Code of the Association of the Bar of the City of New York and member of Task Force on IT in Arbitration of the ICC Commission on Arbitration.
Mr. Halket holds a law degree from the Columbia University School of Law and bachelors and masters degrees in physics from the Massachusetts Institute of Technology.
Contributors Include:
Martin Aebi, Lenz & Staehelin
Dr. Martin Aebi is an Arbitration Counsel in the Zurich Office of the Swiss law firm Lenz & Staehelin. His practice focuses on international commercial arbitration, with an emphasis on technology and intellectual property related disputes such as licensing and joint-development issues. He has acted as counsel in a wide variety of proceedings under the ICC Rules, Swiss Rules, Vienna Rules and in ad hoc arbitration. Dr. Aebi is a graduate of the University of St. Gallen (lic. iur. 1999, Dr. iur. 2005—scholar of the Swiss national research foundation). He obtained an LL.M. degree at Columbia Law School in 2005 (Fulbright scholar). In addition to his arbitration practice, he has extensive experience as counsel in intellectual property and unfair competition litigation before Swiss courts, as well as in administrative proceedings before national TV-broadcasting supervisory authorities.
James Bridgeman, Lamb Chambers
James Bridgeman is a Barrister at Law, FCIArb, Chartered Arbitrator, in general practice in Ireland and in England and Wales at Lamb Chambers, Temple, London with a special interest in arbitration, ADR, commercial law and intellectual property disputes. He is a graduate of Trinity College Dublin where he read history and political science and subsequently read Law at the Kings Inns, Dublin. Before commencing practice as a Barrister he qualified as a trademarks attorney. A former Chairman of the Irish Branch of the Chartered Institute of Arbitrators, he is a member of the ICC Commission on Arbitration. Mr. Bridgeman is a WIPO trained mediator and regularly acts as arbitrator and as panelist for Internet domain name disputes appointed by WIPO, NAF, Nominet UK and the Czech Arbitration Court. He is a lecturer in Law at ITT Dublin, a member of the Technology Committee of the CIArb and has initiated and directs the adreurope.com project.
Thierry Calame, Lenz & Staehelin
Thierry Calame is Partner and Head of Intellectual Property in the Zurich Office of the Swiss law firm Lenz & Staehelin. He is an expert in intellectual property matters, with a particular emphasis on technology and patent related disputes. Mr. Calame has acted as counsel and arbitrator in numerous technology and intellectual property related arbitration proceedings, notably under ICC Rules and Swiss Rules. In addition, he has vast experience as counsel in intellectual property and unfair competition litigation before Swiss courts and advises on licensing, the intellectual property aspects of a wide range of other transactions and pharmaceutical law, including regulatory and advertising issues. Mr. Calame holds a masters degree in chemistry from the Swiss Institute of Technology (ETHZ) and a doctorate in law from the University of St. Gallen. He is a permanent lecturer at the University of St. Gallen and the Reporter General of the International Association for the Protection of Intellectual Property (AIPPI).
Steven A. Certilman, Steven A. Certilman, PC
Steven A. Certilman, FCIArb, is an Attorney and Commercial Arbitrator and Mediator based in New York, New York and Stamford, Connecticut, specializing in the arbitration and mediation of domestic and international information technology, intellectual property and licensing disputes. He is a frequent author, speaker and trainer in the ADR field, an adjunct professor of law at Fordham University School of Law in New York City and a past chairman of the Board of Trustees of the Chartered Institute of Arbitrators. Mr. Certilman is a Chartered Arbitrator and serves on the arbitration and mediation panels of many dispute resolution organizations including the AAA, CPR, HKIAC, SIAC, KLRCA and FINRA.
David L. Evans, Hanify & King
David Evans is a Shareholder in the law firm of Murphy & King, P.C. in Boston, Massachusetts, where he represents large public corporations, closely held companies and individuals in the resolution of complex business problems and intellectual property disputes. Mr. Evans also maintains an active practice as a certified neutral Arbitrator and mediator, serving in more than 300 cases. He has presided over a broad range of business disputes involving areas such as intellectual property rights, finance and accounting, technology development and transfer agreements, stock purchases, medical devices, and business separations. Mr. Evans is a member of a number of mediation and arbitration panels, including the Commercial and Large, Complex Case Panels of the American Arbitration Association, and the Panel of
Distinguished Neutrals of the International Institute for Conflict Prevention and Resolution (CPR). Mr. Evans was selected as a Massachusetts or New England Super Lawyer in every year since inception of the award (2006-2011) and maintains an “AV” rating (the highest ethical and competency rating available) from Martindale-Hubbell.
John Fellas, Hughes Hubbard & Reed LLP
John Fellas is a Partner in the New York office of Hughes Hubbard & Reed LLP, practicing in the fields of international litigation and arbitration. Mr. Fellas has practiced in both the U.S. and England, and as well as being a member of the New York Bar, he is also a Solicitor of the Supreme Court of England and Wales. He has served as counsel, and as chair, sole arbitrator and co-arbitrator, in arbitrations under the AAA, ICC and ad hoc rules. He also serves on the Mediation Panel of the District Court for the Southern District of New York. He has also been retained to act as an expert witness on U.S. law in proceedings in other countries. He has been recognized for his practice in international arbitration by: Who’s Who Legal—The International Who’s Who of Business Lawyers (International Arbitration); Chambers USA—Guide to America’s Leading Business Lawyers (International Arbitration); Chambers Global (International Arbitration); The Best Lawyers in America (International Arbitration). In February 2006, Global Arbitration Review identified Mr. Fellas as one of 45 leading international arbitration practitioners under the age of 45. He has also been recognized for his practice in commercial litigation by: Who’s Who Legal—The International Who’s Who of Business Lawyers (Commercial Litigation); New York Super Lawyers (Business Litigation). He is also listed in: Who’s Who in American Law (Marquis); Who’s Who in The East (Marquis). He was co-editor of International Commercial Arbitration in New York (Oxford University Press, 2010) and he received a B.A. (Hons.) from the University of Durham, England, and both an LL.M. and an S.J.D. from the Harvard Law School.
Theodore J. Folkman, Hanify & King, P.C.
Theodore J. Folkman is a Shareholder in the law firm of Murphy & King, P.C., in Boston, Massachusetts. He is a business litigator with experience across a wide range of industries. His clients have included private equity firms, major teaching hospitals, and biotechnology companies. He also represents shareholders and investors in corporations of all sizes, and small businesspeople in commercial disputes. Mr. Folkman also focuses on the international aspects of US civil litigation and has experience dealing with both the procedural and the substantive complexities of cross-border litigation. He is the author of Letters Blogatory, a blog on international judicial assistance, and of International Judicial Assistance for Massachusetts Lawyers, to be published in 2012 by Massachusetts Continuing Legal Education. The past chairman of the Massachusetts Practice and Procedure Committee of the Boston Bar Association, he regularly writes and speaks on civil procedure and other topics.
Todd Ryan Hambidge, Fulbright & Jaworski LLP
Todd R. Hambidge is an Associate in the New York office of the international law firm of Fulbright & Jaworski L.L.P.. His practice focuses on intellectual property and business litigation. His experience includes intellectual property litigation and international arbitration, trademark and copyright prosecution, trademark portfolio management, and intellectual property licensing. He has been recognized as a “rising star” by the New York Super Lawyers.
Jamie Hu, Fulbright & Jaworski L.L.P.
Jamie Hu is an Associate in the international law firm of Fulbright & Jaworski L.L.P.. She assists clients with a variety of intellectual property matters, including patent prosecution, due diligence and patent litigation. Dr. Hu’s practice focuses on helping clients develop and protect their intellectual property assets in the United States and abroad. She has prepared and prosecuted patents in a variety of technology areas, including biotechnology, pharmaceuticals, chemicals, and medical devices. Dr. Hu has also been involved in commercial arbitrations and co-authored several articles on arbitration.
Laura A. Kaster, Independent Arbitrator and Mediator
Laura A. Kaster is an Arbitrator and Mediator in Princeton, New Jersey, working in the greater New York metropolitan area (www.AppropriateDisputeSolutions.com). She is the Chair of the New Jersey State Bar Association Dispute Resolution Section, and co-editor of the NYSBA’s Dispute Resolution Lawyer. She has published widely on arbitration and mediation. She is a member of the executive committee of the Marie Garibaldi Inn of Court and teaches dispute resolution processes at Seton Hall Law School. Before establishing her practice as a neutral, Ms. Kaster was chief litigation counsel for AT&T and handled all of its patent and intellectual property matters as well as complex litigation and class actions. Prior to her work at AT&T, she was a partner at the national law firm Jenner & Block. She has presented at the ABA annual Dispute Resolution meetings, PLI, NJSBA, NYSBA, and for corporations and law firms.
Richard Kreindler, Shearman & Sterling LLP
Prof. Dr. Richard Kreindler is a Partner of Shearman & Sterling LLP, resident in its Frankfurt office, and has specialized in international arbitration and litigation matters since 1985. He is a member of the New York and Paris Bars and is an Honorary Professor of Law at the University of Münster, Germany, where he has taught since 1999. He has handled numerous commercial, construction and investment arbitrations throughout the world as counsel, party-appointed arbitrator, sole arbitrator, chairman and expert witness. He has also served in an editorial or advisory capacity for leading global arbitration-related publications and authored over 400 publications and presentations on dispute resolution topics. He is a graduate of Harvard, Munich, Columbia and Münster Universities and is a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators. He was Chairman of the IBA working group charged with drafting the 2010 IBA Rules on the Taking of Evidence in International Arbitration.
Joel Lutzker, Ocean Tomo, LLC
Joel E. Lutzker is General Counsel of intellectual property merchant banking firm Ocean Tomo, LLC. Mr. Lutzker has over 30 years of experience in patent litigation, arbitration and transactions. After over two decades with the New York intellectual property boutique of Amster, Rothstein & Ebenstein, in 2001, Mr. Lutzker joined the New York firm of Schulte, Roth & Zabel to start and head the firm's intellectual property department. Most recently prior to joining Ocean Tomo, Mr. Lutzker was the head of the New York intellectual property group of Sheppard, Mullin, Richter & Hampton. Mr. Lutzker has been first chair litigation counsel in patent cases in federal district courts throughout the country, has argued on numerous occasions before the United States Court of Appeals for the Federal Circuit, and has been principal counsel and author of several amicus briefs on significant patent cases before the United States Supreme Court. Mr. Lutzker has also served as both an arbitrator and counsel in arbitrated intellectual property disputes. Mr. Lutzker has also represented companies in handling the intellectual property aspects of major M&A transactions as well as numerous licensing and patent acquisition transactions. While at Schulte Roth, Mr. Lutzker was heavily involved in the representation of hedge funds and other financial services institutions with regard to intellectual property issues. Mr. Lutzker also has placed significant focus on international intellectual property issues including U.S./Europe and U.S./Asian (primarily Japan and China) litigation and transactions. He is a member of the bar of New York, Connecticut, the United States Patent and Trademark Office and numerous federal courts across the country. Mr. Lutzker is a graduate of the New York University School of Law and has a B.A. in Physics from New York University, University College of Arts and Science. He is a frequent speaker on patent litigation and licensing topics and is the author of numerous articles.
Susan H. Nycum, Arbitrator and Mediator of High Technology Disputes
Susan H. Nycum is an Attorney who provides arbitration and mediation services in domestic and international IP and technology related disputes (susan@nycum.net). Ms. Nycum was formerly an international partner of Baker & McKenzie and chair of the firm’s North America Intellectual Property (IP) and Information Technology (IT) practice group, a coordinator of the firm’s global IT practice group and a member of the firm’s governing bodies for North America and for Asia Pacific. She has been an advisor to the governments of Brazil, Canada, Finland, Germany, India, Israel, Singapore, Thailand and the United States for IP and IT policy. Ms. Nycum is the former Chair of the ABA section of Science and Technology and former President of the ITECH Law Association. She was the Chair of the International Bar Association committee on software protection and committee on computer crime. She was twice the ABA appointee to the National Conference of Lawyers and Scientists. Ms. Nycum is a member of the IP panel, the Commercial panel and the Large Complex Case panel of the American Arbitration Association, CPR technology and IP panel, fellow of the College of Commercial Arbitrators, fellow of the American Bar Foundation, fellow of the ACM, and member of the National Academy of Distinguished Neutrals. She is listed in the Best Lawyers of America and the Northern California Super Lawyers.
Frank Politano, K&L Gates
Frank L. Politano is a Partner in the Newark office of K&L Gates LLP. Mr. Politano has over 35 years of intellectual property law experience, including global experience in brand, technology, copyright and software licensing. He provides counsel to clients with respect to a variety of intellectual property matters. He also advises clients in valuing intellectual property, as well as performing due diligence with respect to intellectual property rights involved in merger and acquisition transactions. Another area of his experience relates to counseling standards-setting organizations on a wide spectrum of legal issues. Mr. Politano has represented clients in numerous federal and state litigations concerning trademark and service mark infringement, patent infringement and validity, interpretation of licensing contracts, and general unfair competition matters. He has also worked in an advisory role in several intellectual property suits in Canada, Germany and the United Kingdom. Prior to joining K&L Gates, Mr. Politano was in-house counsel at AT&T and before that he practiced intellectual property law in New York City at Kaye, Scholer and later Fish & Neave. He is an Adjunct Professor of Law at Seton Hall University School of Law, Newark, New Jersey and co-editor of Drafting License Agreements. Mr. Politano is a graduate of Boston University’s College of Arts & Sciences and Columbia Law School.
Anna G. Tevini, Shearman & Sterling LLP
Anna G. Tevini is an Associate of Shearman & Sterling LLP, currently resident in its New York office and previously based in its Frankfurt office. She advises clients in international commercial and investment arbitration, transnational litigation and compliance/anti-corruption matters. Anna has published and lectured on international commercial and investment arbitration, as well as trade law, including with a special focus on Asia. She completed her doctoral studies in international economic law (summa cum laude) at Göttingen University, having studied law, political science, and Mandarin Chinese in Germany, Italy and China. Anna is a speaker of Young CEAC, the young practitioners' forum of the Chinese-European Arbitration Center and a member and coordinator of the working group on investment protection law of the German branch of the International Law Association. She speaks English, French, German, Italian and Mandarin Chinese.
Benjamin Thompson, Hughes Hubbard & Reed LLP
Benjamin S. Thompson is an Attorney in the New York office of Hughes Hubbard & Reed LLP, practicing in various litigation, corporate, and intellectual property matters. He received a B.S. from Texas A&M University, and a J.D. from the Benjamin N. Cardozo School of Law, where he was Editor-in-Chief of the Cardozo Journal of Conflict Resolution. Mr. Thompson has written and published other articles on international arbitration.
Joseph P. Zammit, Fulbright & Jaworski LLP
Joseph P. Zammit is a Partner in the international law firm of Fulbright & Jaworski L.L.P. He heads the New York office’s Intellectual Property and Technology Department, and is also a senior member of Fulbright's litigation department and international and domestic arbitration practice groups. Mr. Zammit has 40 years of experience litigating intellectual property and complex business disputes, with a concentration on computer, telecommunications and technology related legal matters. His practice includes both traditional court litigation and arbitrations involving patent, copyright and trademark infringement, misappropriation of trade secrets, unfair competition and hardware and software product performance disputes. As lead counsel, Mr. Zammit has successfully tried over 50 cases, including jury trials, bench trials and arbitrations. He also sits as an arbitrator in technology-related matters. Mr. Zammit has repeatedly being selected for inclusion in Best Lawyers in America, Best Lawyers in New York and New York Super Lawyers. He has been recognized in Legal 500 U.S. Guide for his skills in patent litigation involving hi-tech electronics and information technology. Mr. Zammit also serves as an adjunct professor of law at St. John's University, where he has taught a course on "Computers and the Law" for nearly 30 years.
