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Basic Negotiation Skills 2019


Speaker(s): Brendan P. Glackin, Gayle M. Athanacio, Jennifer T. Sanchez, John Dean, Lowell Haky, Matthew P. Vafidis, Professor Rishi Batra, Robin G. Workman, Sean Romanoff, Sheila Purcell, Shirish Gupta
Recorded on: Jan. 9, 2019
PLI Program #: 252560

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


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.) 


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.


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.


Sean Romanoff is part of Exec-Comm's law firm practice and consults with a wide variety of clients. He works with industry leaders in insurance, professional services, and banking & finance. He specializes in presenting, writing, and building business relationships. Sean uses this expertise to help clients communicate more effectively by focusing on their audience. The goal is to help them deliver complex ideas clearly and with stronger presence so their messages have greater impact. As an active member of Exec-Comm's Marketing team, and as a Design team contributor, Sean is invested in the growing the firm's programs and reach.

After working as an attorney in general practice, Sean taught writing and presentation courses at Fairleigh Dickinson University. He also worked as a independent copywriter and marketing consultant where he helped organizations of all sizes communicate more authentically. As a freelance copywriter, he wrote for organizations like ADP, Pearson Education, and Seton Hall Law School.

Sean earned his JD from Rutgers School of Law after receiving his BA with honors from the Ohio State University. When he’s not helping clients, Sean enjoys his life-long passions of listening and learning. He lives in Maplewood, New Jersey with his wife, son, daughter, and two dogs.


Expertise: ADR Policy and Dispute System Design and International Court ADR

Education: B.A. with honors in Social Anthropology and Environmental Studies, UC Santa Cruz and UC Hastings College of the Law

 

Sheila Purcell is the Director and Clinical Professor of the Center for Negotiation and Dispute Resolution at the University of California, Hastings College of the Law. The Center received the 2011 and 2013 Otis Award for Excellence in ADR Education. She designed and directed an award winning partnership of the San Mateo Superior Court, bar and community with civil, small claims, family, probate, complex litigation and juvenile programs. She has received special recognition from California’s Supreme Court Chief Justice and is a frequent consultant and presenter nationally and internationally.


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.