Skip to main content

Negotiation Skills 2.0: Moving Beyond the Basics


Speaker(s): Anthony Grumbach, Cheri A. Vaillancour, Gayle M. Athanacio, Jamison R. Narbaitz, Janet L. Frankel, Janet Martinez, Janet Stone Herman, Jennifer T. Sanchez, Julie Matlof Kennedy, Madeline S. Howard, Matthew P. Vafidis, Professor Rishi Batra, Robin G. Workman, Shirish Gupta
Recorded on: Jan. 11, 2016
PLI Program #: 150419

Anthony Grumbach is the Director of Professional Development at Farella Braun + Martel LLP, where he leads the firm’s continuing education, career development, mentoring, performance review, and litigation workload management programs while contributing to diversity initiatives.

Before joining the firm, he worked as a trial attorney for thirteen years in the San Francisco City Attorney’s Office, the United States Department of Justice’s Civil Rights Division, and private practice.  He was also a law clerk for the Honorable Jerome Farris in the United States Court of Appeals for the Ninth Circuit.  He has represented public and private clients in jury and bench trials, pre-trial hearings, appeals, arbitrations, mediations, and collective bargaining negotiations.

Before law school, he worked for nine years as a professional actor and producer in theatre, film, and television.

As a trainer and panelist, he has created and participated in programs outside the firm for the United States Department of Justice, American Bar Association, City and County of San Francisco, Berkeley Law School, Practising Law Institute, Indiana University’s Maurer School of Law, NALP/ALI-ABA Professional Development Institute, and Professional Development Consortium.

He is a member of the Board of Directors of the Professional Development Consortium, the national organization for attorney development specialists.

Education

  • J.D., magna cum laude, Harvard Law School, 1993

Editor, Harvard Law Review

  • American Conservatory Theatre, Actors Training Program, 1982
  • B.A., Stanford University, 1981


Recent Articles, Presentations, and Publications:

Articles

  • Tips for Successfully Launching Your Legal Career, ABA’s Law Practice Today  (September 2014)
  • The PDC’s Innovation Tournament, PDC Linkletter, (Winter 2013)
  • Bridging the Gap Between Writing Exams and Briefs, Practising Law Institute (June 2010)

Presentations

  • PDC Development Fair, Creator and Co-presenter, 2015 PDC Summer Conference
  • Best Practices for Managing Working Mothers & Fathers, Panelist, Cutting Edge Conference (2014)
  • Two Emergency Rooms and a Law Firm, 2013 PDC Summer Conference
  • Planning Committee Chair (2013) and Member (2012), Professional Development Consortium Summer Conferences
  • Negotiation Skills, Panelist, Practising Law Institute, San Francisco, CA (2013-2016)
  • Building Cost-Effective Professional Development Programs that Support Firms’ Business Goals, Panelist, ALI-ABA/NALP Professional Development Institute, Washington, DC (December, 2011)
  • Client Loyalty Workshop, Guest Lecturer, Maurer School of Law, Indiana University (January 2011)
  • Deposition Workshop, Guest Lecturer, Berkeley Law School (2009-2014)
  • Drafting and Editing for Lawyers, Practising Law Institute, San Francisco, CA (2010)


Shirish Gupta brings to JAMS several years of experience as a successful neutral, as well as a decade and a half of experience as a litigator at top law firms and as a solo practitioner. Shirish is known for his legal acumen and economic prowess, which makes him particularly adept at diving into complex financial/technical disputes, including patents, securities and accounting, and class actions. Shirish has successfully settled numerous cases and is sought out by Silicon Valley startups, as well as Fortune 500 companies. In 2014, The Recorder conducted an extensive survey of Bay Area Attorneys and named Shirish the Best Independent Mediator.

In 2013, Shirish's mediation skills were recognized when he was recruited to mediate Superstorm Sandy insurance coverage claims in New York. At the peak, he was mediating and resolving 4 claims per day.

Shirish is an Adjunct Professor at UC Hastings, where he teaches Negotiation. Shirish serves as Co-Chair of the California State Bar Council of Sections and is a past chair of the State Bar Solo and Small Firm Section Executive Committee.


Gayle Athanacio is a shareholder at Rogers Joseph O’Donnell, where her practice focuses on employment matters, complex commercial litigation, and insurance, government contracts and construction law.  She has successfully defended and counseled various entities, including national retailers, service providers, construction companies and insurers, regarding compliance with local, state and federal law. 

As co-chair of the firm’s Labor & Employment Group Practice, Ms. Athanacio has handled a variety of matters in state and federal courts, including wage/hour class and collective actions, misappropriation of trade secrets cases, public works controversies, and claims under the Fair Labor Standards Act and Fair Employment and Housing Act.  Additionally, Ms. Athanacio has represented clients in dealing with various governmental entities, including the U.S. Equal Employment Opportunity Commission, California Department of Fair Employment and Housing, California Labor Commission and the San Francisco Office of Labor Standards Enforcement.

Ms. Athanacio has a Martindale-Hubbell Peer Review rating of AV Preeminent Lawyer.  She has been recognized by Bay Area Lawyer magazine as one of the best employment law attorneys.  Ms. Athanacio was a presenter at the ACIC General Counsel Seminar, speaking on Unfair Competition Law Claims and the Class Action Fairness Act, and has presented on various topics relating to the NLRB for the Northern California Human Resources Association.

Education

J.D., Hastings College of the Law, University of California, Cum Laude
Hastings Law Journal
American Jurisprudence Award (Civil Procedure & Criminal Law)
Thurston Honor Society
Extern, California Supreme Court, Associate Justice Allen Broussard

B.A., University of California, Los Angeles
History, Political Science


Janet Herman is the founder and leader of the firm's Attorney Development Group providing strategic direction in the training, development, and engagement of the firm's 1000+ attorneys in its offices world-wide. As the Director of Attorney Development, Ms. Herman creates, implements, and assesses firmwide attorney development programs and initiatives, including those related to attorney engagement, training, mentoring, advancement, and performance management.

From 1985 to 2000, Ms. Herman was a practicing corporate lawyer and served as Of Counsel in the Palo Alto office of Morrison & Foerster. Her practice focused on corporate and securities law, representing emerging high-technology companies, on a wide range of matters, including venture financing, public financing, and mergers and acquisitions. Ms. Herman was an expert in the areas of executive compensation, employee stock plans, and public company reporting. 

Education

University of California, Berkeley (B.S., 1981)

University of California, Davis, School of Law (J.D., 1984)

Bar Admissions

California

Publications

Handling Wrong Turns | 1/1/2005 | Article

Events

Center for the Advancement of Women’s Leadership Corporate Partner Meeting | 05/22/2014

Video + Audio

Balancing Lawyering and Motherhood | The Resilient Lawyer Podcast with Special Guest Janet Herman

Podcast Link: Balancing Lawyering and Motherhood

(Interview begins at 22:00) 05/13/2015


Matthew P. Vafidis is a partner specializing in commercial litigation, with a particular emphasis on shipping, and certain aspects of environmental and transportation law. Mr. Vafidis began his legal career as a barrister in London at the Bar of England and Wales, to which he was called in July 1979.  Since 1981, he has practiced in San Francisco, first as an associate and partner at a major California law firm, and thereafter as a partner at Holland & Knight and one of its predecessors, an internationally-renowned shipping and aviation firm.  Focusing on trial court and arbitration law, Mr. Vafidis has appeared in more than 40 trials, appeals and arbitrations, and has acted as mediator or appeared as counsel in approximately 150 mediations. He is consistently listed among the leading lawyers in California and the United States, and is a regular speaker and published writer on legal matters. (A list of representative engagements in Mr. Vafidis’ career is to be found at www.hklaw.com/matthew-vafidis/experience.) 


Professor Rishi Batra is a nationally recognized speaker and scholar in the field of Alternative Dispute Resolution. He regularly speaks and offers training across the country on legal negotiation and mediation strategy, alternative dispute resolution pedagogy, and dispute resolution scholarship.

At Texas Tech, Professor Batra teaches courses on Alternative Dispute Resolution / Negotiation, Property Law, and Intellectual Property. He was awarded the President's Excellence in Teaching Award in 2016 in recognition of his teaching abilities. He has also been a Visiting Professor at the University of Oregon and UNLV Boyd School of Law.

Professor Batra's scholarship focuses on Alternative Dispute Resolution, and in particular applying dispute resolution perspectives to diverse fields such as criminal procedure and election law. His work has appeared in the George Mason Law Review, the Ohio State Law Review, and the Harvard Negotiation Law Review, among others.

Professor Batra serves as the co-chair of the ABA Section of Dispute Resolution Law Schools Committee, including co-chairing the national ABA Representation in Mediation Competition. He also serves on the Executive Committee of the AALS Section of Dispute Resolution, among other ADR service roles.

Before coming to Texas Tech, Professor Batra was a Visiting Assistant Professor at Whittier Law School. He was previously the Langdon Fellow in Dispute Resolution at The Ohio State University Moritz College of Law. At Moritz, Professor Batra taught Mediation and Negotiation courses and supervised students mediating hundreds of cases including small claims, landlord-tenant, and criminal matters. He is the co-founder and was the first director of the Ohio State Student Mediation Program.

Professor Batra earned his J.D (cum laude) from Harvard Law School, where he served as Training Director for the Harvard Mediation Program and as a teaching assistant in Harvard's Program on Negotiation. Upon graduation he worked as a management consultant for McKinsey & Company, where he advised executives at Fortune 500 companies on strategic business decisions.

Professor Batra did his undergraduate work at the University of California, Berkeley, where he received a B.S. (honors) degree in Electrical Engineering Computer Science and a B.A. (high honors) degree in Cognitive Science. Prior to law school, he worked at the Microsoft Corporation, focusing on software and user design as well as engineering excellence.


Robin Workman’s practice focuses almost exclusively on representing employees in wage and hour class actions.  These actions include claims for unpaid overtime, off the clock work, failure to provide meal and rest periods, and failure to reimburse employment-related expenses, including mileage and uniform expenses.  Robin has prosecuted class actions throughout California and the United States on behalf of tens of thousands of employees and is one of the few trial lawyers in California who has tried a class action.  In 2014, Robin tried an exemption class action to decision in the Sacramento County Superior Court, obtaining an $8.3 million judgment for a class of 122 claims adjusters in York Claims Service Wage and Hour Cases, Sacramento County Superior Court Judicial Council Coordination Proceeding No. 4560 (order filed May 27, 2015).  Given her extensive experience in this area, Robin also regularly argues cases before the California Courts of Appeal and the Ninth Circuit, obtaining written opinion in cases such as Reyes v. Macy’s, Inc., 202 Cal. App. 4th 1119 (2011); Kullar v. Foot Locker Retail, Inc., 191 Cal. App. 4th 1201 (2011); Bufil v. Dollar Financial Group, Inc., 162 Cal. App. 4th 1193 (2008), and Alcantar v. Hobart, et al., 800 F.3d 1047 (9th Cir. 2015).  Robin also represents individual employees in actions against employers for claims of discrimination, harassment, and retaliation.  Robin regularly speaks on panels discussing evidentiary issues as well as settlement strategies.  She is a graduate of the Texas Tech University School of Law, graduating Order of the Coif, after which she clerked at the Texas Supreme Court before beginning her work in private practice.


Janet Frankel earned her JD from Hastings in 1992, and opened her private law practice.  Janet is a certified family law specialist, certified by the California State Bar Board of Legal Specialization, was awarded the Wiley W. Manuel Award for Pro Bono Legal Services from the State Bar Board of Governors, and was named as a Northern California Super Lawyer.

Janet co-authored Dissolution Strategies, published by CEB, and regularly serves as a Judge pro tem in the Unified Family Courts of the San Francisco Superior Court. She was appointed to and served as Chair of the State Bar Board of Legal Specialization Family Law Advisory Commission, and eventually served as its Chair. Janet also served on the Executive Committee of the Family Law Section of the San Francisco Bar Association, also eventually serving as Chair.

Janet is an Adjunct Professor at San Francisco Law School (Alliant University), teaching Community Property Law. Janet volunteers monthly in KALW’s public service radio program “Your Legal Rights,” where listeners can "Call a Lawyer" to pose their legal questions to certified specialists off the air. She mentors attorneys who accept pro bono family law matters through the Justice and Diversity Center of the San Francisco Bar Association, and mentors Hastings Law School and San Francisco Law School students interested in family law.  Janet also volunteers as a sailing instructor at her yacht club’s annual Women’s Sailing Seminar and is learning to play classical guitar.

Janet and her husband Tony enjoy spending time with their family, and when Janet is not teaching or practicing law (or sailing), she and her husband go on family vacations.


Cheri Vaillancour is the Chief Talent Officer at Fenwick & West LLP, a national law firm that provides comprehensive legal services to technology and life sciences clients of national and international prominence.  The firm has approximately 360 attorneys, with offices in Silicon Valley, San Francisco, Seattle, and Shanghai.   Ms. Vaillancour joined Fenwick & West LLP in 1997 as the firm’s Chief Human Resources Officer.  Under her leadership, Fenwick & West was the first law firm to have been honored for four consecutive years as one of Fortune Magazine’s 100 Best Places to Work.  In 2005, she left her HR role to establish the firm’s Attorney Professional Development Department, and as Chief Talent Officer, has dedicated herself to building strong attorney recruiting, training, mentoring, career development and coaching, pro bono, and diversity programs.  She has coached firm partners and associates and conducted training programs for attorneys and firm clients.  Ms. Vaillancour has been a regular speaker for national and local organizations.   She earned a Bachelor of Science Degree in Health Education from Oregon State University, and a Post-Graduate Certificate in Leadership Coaching from Georgetown University.  She is a member of NALP, the Professional Development Consortium, American Society for Training & Development, Society for Human Resources Management, and the International Coach Federation.    


Jamison Narbaitz is a Senior Counsel in the San Francisco office of Clyde & Co LLP, where he is a member of the Professional Liability Group.  Acting as coverage and monitoring counsel, he represents London Market and U.S. insurers in connection with cyber/data breach, privacy, technology errors and omissions, media liability, and intellectual property infringement claims.  He joined the firm in 2012 after more than a decade of litigating insurance coverage and bad faith actions in federal and state courts on behalf of both policyholders and insurers.


Janet Martinez is Director of the Martin Daniel Gould Center for Conflict Resolution and Senior Lecturer in Law at Stanford Law School, where she teaches advanced negotiation, dispute system design and alternative dispute resolution law & policy. Martinez practiced corporate law in San Francisco for ten years before moving to Cambridge, Massachusetts. While in Cambridge, she completed her Masters in Public Administration at Harvard University and Ph.D. at MIT. She was Senior Associate for the Consensus Building Institute, a nonprofit provider of dispute resolution services in the public and private sectors, both domestic and international. Martinez’ current research and consulting focus on dispute system design (with Lisa Amsler and Stephanie Smith: Dispute System Design, Stanford University Press forthcoming), California sustainable groundwater management, online dispute resolution, and international comparative dispute resolution.


Jennifer Tomlin Sanchez is a partner at Gibson Robb & Lindh where she has worked since 1999.  Ms. Sanchez handles personal injury defense, cargo and property subrogation, and maritime casualty cases.  Ms. Sanchez has successfully resolved numerous cases in all aspects of litigation including trial, arbitration, and mediation.

Ms. Sanchez is also an experienced maritime lawyer.  She currently chairs the Local Admiralty Rules Advisory Subcommittee of the United States District Court, Northern District of California.  She has served as a member of the committee since 2006.  In 2008, she chaired the Pacific Admiralty Seminar, which included chairing the San Francisco Bar Association’s admiralty section. 

Ms. Sanchez has been actively involved in the National Association of Subrogation Professional since 1999 when she attended the first national conference in Las Vegas. In 2016, she co-chaired the Litigation Skills Conference which focused on product defect cases. She was a Property Track Section Leader for the national conference in November, 2014, and is a past chair of NASP’s Northern California Chapter.  She has been a presenter at a variety of NASP functions including several national conferences.

Ms. Sanchez has been a speaker at the Pacific Admiralty Seminar, the San Francisco Marine Claims Association, and the Board of Marine Underwriters of San Francisco’s biennial conference.  She has also participated in two panel sessions on negotiations for the Practicing Law Institute. 

Memberships:

California State Bar

National Association of Subrogation Professionals
Association of Marine Underwriters of San Francisco 
Maritime Law Association of the United States, Proctor Member
Bar Association of San Francisco


Julie Matlof Kennedy helps lawyers and executives hone their professional skills. She designs and leads customized workshops with interactive training and personalized coaching. Since 2004, Julie has been teaching a negotiation skills seminar at Stanford Law School, where she also coaches students in trial advocacy courses and co-chairs a negotiation colloquium. Julie directed litigation training at Morrison & Foerster LLP for nearly ten years, designing and teaching courses on persuasive writing, trial skills, deposition techniques, public speaking, leadership, and team building. Julie has been a guest teacher and speaker at the National Institute for Trial Advocacy, the Practising Law Institute, Stanford Medical School, and a number of corporations.

Before making teaching the focus of her career, Julie was a litigation partner at Folger Levin & Kahn LLP, where she specialized in complex business disputes. Julie has tried several cases before a jury and argued successfully at the United States Court of Appeals for the Ninth Circuit. She has led and served on a number of nonprofit boards, including The Berkeley Repertory Theatre, Congregation Beth El, the Stanford Law School Board of Visitors, and the Wexner Heritage Alumni Council.


Madeline is a senior staff attorney at Western Center on Law & Poverty focusing on fair housing litigation, unlawful detainer appeals, and issues impacting tenants in foreclosed homes. Before joining Western Center in 2013, Madeline was a senior staff attorney with Bay Area Legal Aid in San Jose and San Francisco where she represented the interests of low-income tenants against landlords and major lending institutions. At Western Center Madeline partners with legal services attorneys on impact litigation to challenge discriminatory housing practices and preserve affordable housing. She also supports direct services attorneys through technical assistance and training on issues ranging from unlawful detainer appeals to fair housing rights. Madeline received her law degree from Berkeley after working as an advocate at Medical-Legal Partnership Boston, the nation’s first medical-legal collaborative. She went on to become a research attorney at San Francisco Superior Court before returning to direct services work.