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Basic Negotiation Skills 2018


Speaker(s): Brendan P. Glackin, Dorit Perry, Doug MacKay, Elizabeth M. Link, Gayle M. Athanacio, Jamison R. Narbaitz, Jennifer T. Sanchez, John Dean, Lowell Haky, Matthew P. Vafidis, Robin G. Workman, Shirish Gupta
Recorded on: Jan. 10, 2018
PLI Program #: 221550

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.


Dorit Perry, an international attorney, has over 25 years of experience in business communications, negotiations and conflict resolution.  She led global initiatives at Intel Corporation, negotiated world-wide contracts and as a Finance Controller was responsible for the $600M Pentium ™ Processor budget.

Currently, she is on the Adjunct Faculty of Santa Clara University Law School where she lectures on Dispute Resolution and Negotiation.  Dorit also serves as Adjunct Faculty in the Leavey Business School training MBA students in Communication and Negotiation.

Dorit serves as a judge in the annual International Chamber of Commerce Mediation Competition in Paris. She also provides mediation services to the Superior Court and volunteers in the community helping to solve conflict.

Dorit has been appointed to the State Bar Committee on Alternative Dispute Resolution and is a Fulbright Specialist in the field of Conflict Resolution.  Dorit is a graduate of Boalt Hall Law School at the University of California, Berkeley and has also completed the Harvard Negotiation Program’s “Negotiating to Yes” Seminar. 


Elizabeth M. Link has been a full-time Mediator and Arbitrator for over 10 years, specializing in complex commercial, business, soft IP, employment, real estate, professional liability, personal injury and trusts and estates disputes.  She practices throughout California, nationally and internationally.

Ms. Link brings to her ADR practice 20 years of experience as a civil litigation attorney where she represented both plaintiffs and defendants in a variety of practice areas.  She is also the Director of the Center for Conflict Resolution and Leadership, a Conflict Coach and Consultant, a Conflict Resolution Skills trainer and a Corporate and Non-profit Board Trainer and Retreat Facilitator.

She is a Lecturer/Professor at the University of California Berkeley School of Law and an Adjunct Law Professor at the University of California, Hastings College of the Law in San Francisco, where she teaches classes on Negotiation, Settlement, Mediation and ADR.

Ms. Link earned her Juris Doctorate degree in 1988 from the George Washington University Law School in Washington, D.C. and she is licensed to practice law in California and Washington, D.C.


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


John Dean received his A.B. degree from the University of California, Berkeley, and his J.D. degree from the University of California, Hastings College of the Law, San Francisco.   He is admitted to practice in California and the District of Columbia.

After an initial career as a criminal defense attorney, followed by a decade in the corporate world, Mr. Dean was hired in 1998 by the Air Line Pilots Association, International (“ALPA”), the world’s largest union of commercial airline pilots.  In the ensuing eighteen years, Mr. Dean held a number of positions in ALPA’s Representation Department, most recently as a Senior Labor Relations Counsel.  At ALPA, he assisted pilot representatives in the negotiation of collective bargaining agreements at a variety of US airlines.   Mr. Dean also represented pilots in administrative proceedings before the Federal Aviation Administration and the National Transportation Safety Board, in contract enforcement proceedings including mediation and arbitrations, and in grievance matters. 

Mr. Dean left ALPA in June 2016.  

Since 2007, Mr. Dean has served as an Adjunct Professor of Law at U.C. Hastings College of the Law in San Francisco, where he teaches courses in “Negotiation and Settlement”.   He is also a frequent lecturer on negotiation techniques and strategies, ethics and professional responsibility,  and alternative dispute resolution  at other Bay Area law schools, corporate legal departments and for attorney continuing education programs.   He regularly serves as a mediator and arbitrator on a range of civil disputes, with an emphasis on the areas of labor and employment disputes (including wage and hour matters, discipline and wrongful termination claims, and allegations of discrimination and/or harassment).  


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.) 


Promoting Fair Competition in Technology Markets

A dedicated antitrust and securities fraud litigator, Brendan P. Glackin possesses a wealth of litigation and trial experience.

Brendan’s successful cases at Lieff Cabraser include, most recently, the High-Tech Employees class action alleging that major Silicon Valley firms colluded to reduce competition for workers. Brendan successfully argued for certification of a class of over 64,000 employees of seven different companies; after vigorous litigation the High-Tech team recovered a total of $435 million, the largest recovery ever in an employee class action against private employers.

In 2013, Brendan represented direct purchasers of titanium dioxide in a nationwide antitrust class action lawsuit. The complaint alleged that defendants coordinated increases in the prices for titanium dioxide despite declining demand, decreasing raw material costs, and industry overcapacity. After litigating the case to within days of trial, the class reached a series of settlements totaling $163.5 million.

Brendan also played a significant role in litigation against a cartel of the world’s leading liquid crystal display (LCD) manufacturers. Over the course of the litigation, the direct purchaser class reached settlements with all defendants except Toshiba. The case against Toshiba proceeded to trial. Brendan, working under Co-Lead Counsel Richard Heimann, put on all expert testimony for the plaintiffs, examined numerous other witnesses, and argued motions in limine and jury instructions. In July 2012, the jury found Toshiba liable. The case was subsequently settled, bringing the total direct purchaser settlements in the LCDs antitrust litigation to over $470 million.

In 2011, Brendan was one of the trial counsel for distributors and retailers in an antitrust class action against Abbott Laboratories charging that the company quintupled the price of Norvir, a crucial AIDS “booster” drug, in order to force patients to reject superior competing drugs in favor of Abbott’s combination therapy, Kaletra. After opening statements and the presentation of four witnesses and evidence to the jury, plaintiffs and Abbott Laboratories entered into a $52 million settlement.

Brendan presently serves on the Lieff Cabraser team representing The Charles Schwab Corporation in a suit against the world’s major banks for allegedly manipulating the London Interbank Offered Rate (LIBOR), which is used as a global reference rate by financial institutions. Brendan also serves on the Lieff Cabraser team representing the indirect purchaser class in the lithium-ion batteries price-fixing case.

Brendan is a frequent speaker on antitrust law and complex class actions. He also teaches trial advocacy through the National Institute for Trial Advocacy (NITA). As a Deputy Public Defender in Contra Costa County, Brendan took more than twenty felony and misdemeanor cases to trial.

 

Areas of Practice

Antitrust & Intellectual Property
Securities & Investor Fraud

 

Education

Harvard Law School, Cambridge, Massachusetts

J.D. (Cum Laude) - 1998

University of Chicago, Chicago, Illinois

A.B. - 1995

 

Bar Admissions

California, 1998

New York, 2000

U.S. Court of Appeals 2nd Circuit, 2013

U.S. Court of Appeals 9th Circuit, 2004

U.S. District Court Central District of California, 2001

U.S. District Court Eastern District of California, 2001

U.S. District Court Northern District of California, 2001

U.S. District Court Southern District of California, 2001

U.S. District Court District of Colorado, 2001

U.S. District Court Southern District of New York, 2001

 

Professional Associations and Memberships

Bar Association of San Francisco Antitrust Section, Executive Committee State Bar of California

 

Honors and Awards

“Super Lawyer for Northern California,” Super Lawyers, 2013 - 2014

 


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.


Doug specializes in media training, presentation skills, business writing and consultative selling in group settings or private consultation situations. His clients include Facebook, Salesforce, Microsoft, and a number of international law firms.

Doug brings over 20 years of experience in the business of communications and marketing to Exec|Comm.  He was Director of Custom Publishing for Gruner + Jahr USA Publishing. He also worked as an Assistant Vice President for Chemical Bank's Private Bank and three New York advertising agencies.

In conjunction with Exec|Comm CARES, Doug works with the several non-profits, presenting programs on leadership styles, collaborative problem solving, and active listening skills. These clients include Episcopal Charities, Urban Land Institute, and the San Francisco AIDS Foundation.

Doug grew up in Middle Tennessee, graduated from Vassar College with a B.A. in English, and received an M.B.A. in Marketing from New York University. He lives in San Francisco.


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.


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


Lowell Haky is an Associate General Counsel for Charles Schwab & Co., Inc., managing complex litigation for Schwab and its affiliates. Prior to joining Schwab, Mr. Haky was in private practice with Zelle & Larson, LLP, focusing on securities litigation, arbitration and regulatory enforcement matters. Mr. Haky is also a San Francisco Superior Court Judge Pro Tem, presiding over mandatory settlement conferences, and Contra Costa Superior Court Mediator and Discovery Facilitator.