Mediation Specialties

For over 12 years, Paul has been a nationally-recognized  thought leader in electronic discovery.  Paul has been appointed as Special E-Discovery Master in judicial and arbitration proceedings,  quoted in the legal press on e-discovery issues, and asked to speak on e-discovery for numerous national organizations including the American Bar Association, Federal Bar Association, American Arbitration Association, Los Angeles County Bar Association, as well as the Sedona Conference.  Paul co-authored a law review article on predictive coding and artificial intelligence entitled “Technology-Assisted Review: The Judicial Pioneers,” 15 Sedona Conf. J. 1 (2014), and was a contributing author to an e-discovery law school text book. Paul joined The Sedona Conference’s E-Discovery Working Group in 2004, and served as Co-Chair of its renowned Annual E-Discovery Program in 2011 and 2012.  After acting as its outside pro bono general counsel for many years, Paul was elected to the Board of Directors of The Sedona Conference in 2015, where he continues to be involved in the development and publication of its e-discovery commentaries.  Paul is available to be appointed as an E-Discovery Special Master in federal and state courts in California, Arizona, Texas and jurisdictions all over the country.  He is also available to mediate e-discovery disputes privately among the parties without judicial appointment.

Paul has advised clients and litigated many disputes between employers and employees, especially those involving employees in the technology industry who have been alleged to have breached employment agreements and nondisclosure agreements (NDAs), as well as alleged to have engaged in trade secret misappropriation.  In addition to the #MeToo Mediation Program for the Entertainment Industry that Paul developed, Paul is available to mediate employment disputes including employment agreement and compensation disputes, Americans with Disabilities Act, Federal Medical Leave Act, sexual harassment and discrimination, and age discrimination.

Paul is uniquely qualified to facilitate settlement of entertainment-related and copyright disputes.  From 2012-2017, Paul served as a neutral in over 80 music, feature film and TV disputes involving the Motion Picture Association of America, the Recording Industry Association of America, Internet Service Providers, and ISP subscribers.  

In 2017, Paul successfully mediated a multi-party dispute involving the star of a TV series concerning the foreign tax treatment of compensation.  In 2018, Paul was appointed as an arbitrator in a multimillion dollar licensing and manufacturing dispute between the owners of a highly rated TV show and a toy manufacturer.  Paul represented one of the world’s first Internet-based streaming entertainment content companies and was involved in all aspects of production and content agreements, talent contracts, relations with SAG/AFTRA and other guilds, advertiser agreements and software development agreements. 

In addition, Paul has acted as lead counsel in copyright disputes involving software, databases, website content, gaming, music, photographs, images and architectural works.  Paul has also been recognized as a leading Copyright Lawyer by his inclusion in Best Lawyers in America® for Copyright Law and Intellectual Property Litigation and by the Copyright Society of the USA twice as a mid-year meeting co-chair and speaker.

For the past two years, Paul was a speaker at San Diego Comic-Con International. on a panel of prominent lawyers with U.S. Court of Appeals Judge John B. Owens speaking about artificial intelligence, data privacy and the legal treatment of issues raised by the HBO’s hit TV show Westworld.  In June 2018, Paul spoke on a panel before the Beverly Hills Bar Association on Successful Entertainment Arbitrations and Mediations, with the Senior VP and Head of Litigation of a major studio and a VP of the American Arbitration Association. 

Since 2008, Paul has been an Adjunct Professor of Law at Pepperdine University School of Law’s No. 1 ranked Straus Institute for Dispute Resolution where has taught law students and lawyers how to mediate copyright and entertainment-related disputes and conducted many simulated mediations in his course entitled “Selected Issues in Dispute Resolution: Intellectual Property Disputes.”  

Paul is a member of the Entertainment Law and Intellectual Property Sections of the Beverly Hills Bar Association, the Los Angeles County Bar Association and the State Bar of California.  He is currently developing a #MeToo Mediation Program for claims of sexual harassment and discrimination in the entertainment industry.

Paul has acted as a neutral in over 20 franchise disputes, including multiple franchisee expansion and development disputes over the past 5 years for a Fortune 250 franchisor with over 7,000 units and its franchisee association.  In 2018, Paul served on a committee of the American Intellectual Property Law Association to plan the continuing legal education panel on franchise law for the AIPLA’s 2018 Annual Meeting.  The following is a representative sample of franchise disputes in which Paul has served as a neutral:

• Franchise expiration dispute involving national franchisor in which the scheduling hearing was held within 24 hours of the arbitrator’s appointment, the emergency arbitrator was named permanent arbitrator and the evidentiary hearing on the merits was held within 7 weeks upon the parties’ stipulation, and the award issued within 3 months of appointment.
• Franchise agreement dispute in which beverage industry franchisor sought to obtain a mandatory preliminary injunction to obtain transfer of the franchise and related assets.
• Franchise agreement dispute involving national salon franchisor and franchisee.
• Franchise agreement dispute involving national clothier franchisor and franchisee.

Paul has been involved in healthcare-related legal matters for over 20 years.  Paul represented the nation’s first pharmacy benefit management company in many healthcare-related issues including the Health Insurance Portability and Accountability Act (HIPAA), pharmacy regulation, prescription drug formularies, and agreements with pharmaceutical companies.   Paul acted as lead counsel in multiple federal court cases involving a comprehensive healthcare management and insurance reimbursement computer software system that included investigation into healthcare information technology developed and used by major healthcare and EMR information technology providers, major health insurers, HMOs and MCOs, and world-renowned hospitals and other health care providers.  Paul also acted as lead counsel in an arbitration involving a major healthcare software system development project to bring it in compliance with HIPAA with alleged cost overruns and major system failures.  In addition to Paul’s healthcare litigation experience, Paul has (a) advised hospital and digital medicine providers on HIPAA data security and privacy obligations, (b) drafted agreements with digital medicine/medical device distributors, healthcare providers and patients for online sales of medical devices, and (c) drafted numerous manufacturing, research and development and licensing agreements for medical device manufacturers and biotechnology/life sciences clients.

Paul is available to mediate a broad range of healthcare disputes, including disputes involving peer review, credentialing, privilege suspension/termination, compensation and other medical staff disputes, billing and collections disputes, medical practice corporations, limited liability companies and partnership disputes, medical and other health care provider contracts with hospitals and managed care organizations (MCO), healthcare insurance and Medicare/Medicaid coverage and reimbursement disputes, medical device and purchase and sale agreements, digital medicine, False Claims Act disputes, Health IT meaningful use disputes, medical malpractice and other health care provider malpractice disputes.  The following is a representative sample of healthcare disputes in which Paul has served as a neutral:

• Healthcare insurance coverage and fraudulent claims disputes between Texas-based hospital and national health insurer involving tens of millions of dollars;
• Healthcare insurance coverage dispute between national health insurer and well-known Los Angeles-based hospital system;
• Healthcare insurance coverage disputes between major California health insurer and hospital provider involving over 25 patients with claims of excessive billing and alleged failure to show that services were reasonable and necessary.
• A dispute regarding breach of fiduciary duty in a surgical practice limited liability company.
• A dispute in which a medical/dental services finance company alleged that doctor engaged in fraud and false claims to obtain payment for services that were not performed.
• Dispute over alleged breach of license agreements involving surgical implants.

Paul has served as lead counsel, co-counsel and/or a neutral in a number of complex international litigation and arbitration matters.  In 2006, Paul spent over a year commuting to Taiwan representing a large technology company against its China-based competitor with parallel litigation in California and Chinese courts.  Recently, Paul has served on a team representing an American-based military contractor in arbitration and parallel litigation against a Saudi Arabian-based subcontractor in an international arbitration and a parallel federal court proceeding.  Paul has also handled litigation involving clients and/or opposing parties based in India, Japan and Europe. As an Adjunct Professor of Law at the US News no. 1 ranked dispute resolution program in the country, Paul has studied Cross-Cultural Dispute Resolution.  He has also served as an arbitrator in several complex international arbitrations involving parties based in China, India and Japan.   In light of his experience and understanding of dispute resolution in various countries and cultures, Paul is highly suited for mediating international arbitration and litigation disputes.

For over 20 years, Paul has been a thought leader in Internet Law, having designed and taught one of the first Law of the Internet legal seminars in the U.S. and having founded one of the country’s first Internet trade associations.  His legal experience includes drafting Internet Terms of Use and Online Privacy Policies for Internet start-ups, social media companies and established companies, and provided advice regarding their cybersecurity and data privacy obligations under state and federal law, Federal Trade Commission guidelines, HIPAA, FERPA and GDPR.  In addition, Paul has conducted data breach investigations and advised on data breach notice obligations and cybersecurity and data breach insurance coverage.  Paul has an undergraduate degree in Computer Science, and significant knowledge of the underlying technology involved in cybersecurity, data privacy and data breaches.  Paul is a member of The Sedona Conference’s Data Privacy Working Group and spoke at its Mid-Year Meeting in September 2018 on the newly enacted California Consumer Privacy Act.

Paul is a nationally-recognized expert in patent mediation.  His qualifications and experience include the following:

• Mediation and Arbitration Panelist, American Arbitration Association, 2004-present;
• Mediation and Arbitration Panelist, International Center for Conflict Prevention and Resolution (CPR), 2008-present;
• Mediation and Arbitration Panelist, Silicon Valley Arbitration and Mediation Center’s Tech List, which lists highly experienced patent mediators;
• American Intellectual Property Law Association’s List of Mediators and Arbitrators, which lists highly experienced patent mediators;
• Adjunct Professor of Law at the U.S. News No. 1 ranked dispute resolution program in the country, Pepperdine University School of Law’s Straus Institute for Dispute Resolution teaching patent mediation in  “Selected Issues in Dispute Resolution: Intellectual Property Disputes,” 2008-present;
• Vice-Chair, ADR Committee, American Intellectual Property Law Association;
• Co-author, “Patent Mediation Best Practices,” The Sedona Conference, 2017;
• Author and Speaker, “Cutting Edge Issues in Mediation Ethics: Mediation Confidentiality and Privilege in Patent Cases,” AIPLA Annual Meeting, 2017;
• Quoted in patent mediation article in the Daily Journal, 2017;
• Taught patent litigation course at top-30 ranked law school 2005-2015;
• Admitted to practice before the U.S. Patent and Trademark Office;
• Best Lawyers in America, Patent Litigation and Patent Law, 2007-2019;
• Chapter Chair, Licensing Executives Society of the USA and Canada, 2005-present.

Paul has over 20 years of experience handling complex patent litigation and transactions as lead counsel, co-counsel, arbitrator and mediator, with experience in the following subject matter:

• computer hardware, software, databases, cloud computing, information technology, licensing, artificial intelligence (AI), blockchain, bitcoin and other cryptocurrency;
• life sciences (including medical and dental devices, biotechnology, genomics, proteinomics, biologics, and pharmaceuticals);
• chemical engineering;
• mechanical engineering;
• electrical engineering;
• semiconductor processing;
• telecommunications; and
• Internet-based inventions and business methods.

The following is a representative sample of patent cases in which Paul has served as an arbitrator or mediator:

• patent infringement dispute involving 7 patents and over 40 products between U.S. and China consumer product manufacturers with claims for over $35 million, royalties and injunctive relief;
• patent infringement and false advertising dispute involving cybersecurity and data privacy software providers;
• patent license dispute between robotic surgical device provider and India-based licensee involving injunctive relief and multimillion dollar claims;
• patent infringement and trade secret misappropriation dispute between German and American manufacturers regarding sound technology;
• patent infringement dispute between industry-leading inventor and Fortune 100 paper manufacturing company in which plaintiff was seeking permanent injunctive relief that would have shut down portions of the company;
• patent ownership dispute regarding scanning technology patents between Fortune 1000 technology company and former employee; 
• dispute involving allegations of legal malpractice in law firm’s representation of client in a patent infringement case.

Paul is a nationally-recognized expert in mediation of technology-related disputes.  His qualifications and experience include the following:

• Mediation and Arbitration Panelist, American Arbitration Association, 2004-present;
• Mediation and Arbitration Panelist, International Center for Conflict Prevention and Resolution (CPR), 2008-present;
• Mediation and Arbitration Panelist, Silicon Valley Arbitration and Mediation Center’s Tech List, which lists highly experienced technology mediators;
• American Intellectual Property Law Association’s List of Mediators and Arbitrators, which lists highly experienced intellectual property mediators;
• Adjunct Professor of Law at the U.S. News No. 1 ranked dispute resolution program in the country, Pepperdine University School of Law’s Straus Institute for Dispute Resolution teaching trade secret and technology-related mediation in  “Selected Issues in Dispute Resolution: Intellectual Property Disputes,” 2008-present;
• Vice-Chair, ADR Committee, American Intellectual Property Law Association;
• Author and Speaker, “Cutting Edge Issues in Mediation Ethics: Mediation Confidentiality and Privilege in Patent Cases,” AIPLA Annual Meeting, 2017;
• Quoted in patent mediation article in the Daily Journal, 2017;
• Best Lawyers in America, Intellectual Property Litigation and Patent Law, 2007-2019;
• Chapter Chair, Licensing Executives Society of the USA and Canada, 2005-present.

Paul has extensive experience handling technology-related litigation and transactions.  He received a B.S. in Computer Science, magna cum laude, worked as a software developer before law school and continued to update his computer skills while practicing law.  Paul also designed and taught for over 10 years the first law school course in the country on Biotechnology Licensing and Litigation.  In addition to his extensive technology-related litigation experience, Paul has over 20 years of experience negotiating and drafting numerous license agreements, joint technology development agreements, technology manufacturing agreements, master services agreements and many other types of technology-related agreements.  Paul’s technology knowledge and experience includes the following subject matter:

• computer hardware, software, databases, cloud computing, information technology, licensing, artificial intelligence (AI), blockchain, bitcoin and other cryptocurrency;
• life sciences (including medical and dental devices, biotechnology, genomics, proteinomics, biologics, and pharmaceuticals);
• chemical engineering;
• mechanical engineering;
• electrical engineering;
• semiconductor processing;
• telecommunications; and
• Internet-based technologies.

The following is a representative sample of technology disputes in which Paul has served as arbitrator or mediator:

• Trade secret misappropriation dispute involving integrated circuit technology with alleged exceeding $20 million.
• False advertising dispute involving cybersecurity and data privacy software providers.
• Contract dispute involving acquisition of bitcoin mining computer systems.
• Dispute involving hundreds of allegedly defective tablet computers between Asian manufacturer and U.S. Distributor with claims exceeding $30 million.
• Dispute involving claims of tens of millions of dollars between an electrical products manufacturer and distributor.
• Dispute between Silicon Valley-based company and India-based company involving alleged breach of license agreements involving surgical implants.

Paul’s trademark mediation expertise has been recognized by his inclusion as a member of the Panel of Trademark Mediators for the International Trademark Association.  Since 2008, Paul has been an Adjunct Professor of Law at Pepperdine University School of Law’s No. 1 ranked Straus Institute for Dispute Resolution where has taught law students and lawyers how to mediate intellectual property disputes including those involving trademarks and trade dress and conducted many simulated mediations.  In addition, Paul has handled many trademark and trade dress infringement matters as a counsel, most recently obtaining a settlement and dismissal in two cases pending in the U.S. District Court on behalf of one of the largest publishers in the world.  In 2017, Paul served on panel at Annual Meeting of the Licensing Executives Society speaking on arbitration and mediation and trademark royalty agreements.

The following is a representative sample of trademark disputes in which Paul has served as arbitrator or mediator:

• Trademark infringement dispute between franchisor and franchisee involving retail products.
• Trademark infringement dispute between the owner of a famous religious domain name.
• Trademark infringement and Internet domain name dispute involving web-based retailer.

Paul is an expert in mediation of trade secret-related disputes.  His qualifications and experience include the following:

• Mediation and Arbitration Panelist, American Arbitration Association, 2004-present;
• Mediation and Arbitration Panelist, International Center for Conflict Prevention and Resolution (CPR), 2008-present;
• Mediation and Arbitration Panelist, Silicon Valley Arbitration and Mediation Center’s Tech List, which lists highly experienced technology mediators;
• American Intellectual Property Law Association’s List of Mediators and Arbitrators, which lists highly experienced intellectual property mediators;
• Adjunct Professor of Law at the U.S. News No. 1 ranked dispute resolution program in the country, Pepperdine University School of Law’s Straus Institute for Dispute Resolution teaching trade secret and technology-related mediation in  “Selected Issues in Dispute Resolution: Intellectual Property Disputes,” 2008-present;
• Vice-Chair, ADR Committee, American Intellectual Property Law Association;
• Best Lawyers in America, Intellectual Property Litigation, 2007-2019;
• Chapter Chair, Licensing Executives Society of the USA and Canada, 2005-present.

Throughout his  legal career, Paul has been called upon to handle complex  trade secret litigation, often involving prosecuting and defending preliminary injunction proceedings.   In 2006, Paul spent over a year working on one of the largest trade secret misappropriation cases in California involving large semiconductor companies in Taiwan and China leading to a preliminary injunction and a favorable settlement.  Since 2008, Paul has taught trade secret mediation at the U.S. News No. 1 ranked Pepperdine University School of Law’s Straus Institute for Dispute Resolution in his course:  “Selected Issues in Dispute Resolution:  Intellectual Property Disputes.”   Paul has been included in Best Lawyers in America® for Intellectual Property Litigation 2007 through 2019.   He is a member of The Sedona Conference’s Trade Secret Working Group, and has served as a Chapter Chair for the Licensing Executives Society for many years.  In 2018, Paul presented a program on trade secrets to the Association of Corporate Counsel’s San Diego Chapter.

In 2018, Paul was asked by two AMLAW100 firms to mediate a highly contentious trade secret misappropriation dispute pending in court involving integrated circuit technology with claims exceeding $20 million in damages.  Paul was successful in assisting the parties in reaching an amicable settlement, and by 7:00 pm, the parties had signed a binding settlement agreement resulting in dismissal of the court case.