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Negotiation Skills Essentials 2021


Speaker(s): Allan Gomes, Brendan P. Glackin, Ching Valdezco , Gayle M. Athanacio, Ingrid Rechtin, Jamison R. Narbaitz, John Dean, Katrina Murphy, Kavya Mohankumar, Professor Rishi Batra, Robin G. Workman, Sheila Purcell, Shirish Gupta
Recorded on: Jan. 6, 2021
PLI Program #: 305745

Kavya Mohankumar is an in-house attorney specializing in data privacy and complex commercial & technology transactions. Ms. Mohankumar currently serves as Associate General Counsel at Rodan + Fields, LLP in San Francisco, where she leads a team responsible for successfully negotiating the company’s commercial contracts, deals and acquisitions.

In addition to teaching Negotiations at UC Hastings, Ms. Mohankumar also serves as adjunct professor for Civil Procedure at the Lincoln Law School of San Jose.

Ms. Mohankumar graduated from Santa Clara University School of Law in 2006, and also holds a Bachelor’s degree in LifeSciences & Biochemistry from the St. Xavier’s college in Mumbai, India.

Ms. Mohankumar lives in San Francisco with her husband and two children. Her hobbies include baking, writing short stories, and going on long walks.


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.


Allan Gomes has been practicing employment for the entirety of his career.  Allan exclusively represents management in employment matters. Allan’s client’s span a range of industries, which include restaurants and hospitality, manufacturing, professional services, and the technology industry.  Allan litigates matters in state and federal court, as well as administrative agencies.  His cases range from single plaintiff matters to class actions.  Additionally, Allan also has significant experience with trade secret and employee mobility issues in both an advice and counsel capacity as well as in litigation.

Allan graduated from Boston University School of Law in 2000 and holds an undergraduate degree in English and Economics from University of California, Los Angeles.  Allan lives in San Francisco with his wife and two children.


Ching Valdezco helps legal professionals negotiate, influence, present, and communicate more effectively. She and her Exec|Comm colleagues work with top international law firms, as well as legal departments at a number of Fortune 500 companies.

She brings over 20 years of experience in leadership, business strategy, and consultative selling. Before joining Exec|Comm, Ching led global teams at Procter & Gamble, and served as Director, Strategy and Planning at Hewlett-Packard.

As part of Exec|Comm’s law firm practice, Ching trains professionals in group settings and through one-on-one coaching. Her experience working with senior executives enables her to help her clients strengthen their presence and communicate complex ideas clearly.

Ching grew up in the Philippines, spent six years of her career in Singapore, and now lives in the San Francisco Bay Area with her husband, John. In 2016, Silicon Valley Business Journal named her one of Silicon Valley’s Top 100 Women of Influence.


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


Jamison Narbaitz is one of the founding partners of Atheria Law, P.C., and works in the firm’s San Francisco office.  He acts as coverage and monitoring counsel for London Market and U.S. insurers on claims involving cyber/privacy, technology errors and omissions, media liability, data breaches, consumer class actions, and intellectual property.  He has significant experience with mediating insurance claims and insurance coverage actions involving all lines of insurance.  He holds the Certified Information Privacy Professional – United States (CIPP/US) designation from the International Association of Privacy Professionals (IAPP).  He currently serves as Secretary of the Board of the Professional Liability Underwriting Society (PLUS) Northern California Chapter, and is on the Board of Directors of the San Francisco Basque Cultural Center.  He received his J.D. from Boston University School of Law and his Bachelor of Arts from the University of California, Los Angeles.


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).  


Katrina Murphy helps attorneys present complex ideas clearly, confidently, and with greater impact.  She brings 15 years of litigation experience to Exec|Comm and is a member of the law firm practice group. Her audience-focused approach helps legal professionals communicate more effectively and with a strong presence.  Katrina and her Exec|Comm colleagues work with partners and associates at top international law firms and legal departments at Fortune 500 companies.

Before joining Exec|Comm, Katrina specialized in defending complex litigation cases.  She focused on presenting multifaceted issues in a clear, concise manner. In addition to coaching and developing her own teams, Katrina selected, trained, and prepared experts and corporate representatives. As National Coordinating Counsel, Katrina managed and trained local counsel nationally.

Katrina grew up and qualified as a lawyer in New Zealand before moving to New York City.  She is the co-chair of the Women in Litigation Affinity Group of the National Association of Women Lawyers.


Professor Batra is a nationally recognized speaker and scholar in the field of Alternative Dispute Resolution. He regularly offers training across the country on legal negotiation and mediation strategy, alternative dispute resolution pedagogy, and dispute resolution scholarship. He is currently a Professor of Law and the Director of the Leadership and Appropriate Dispute Resolution (LADR) program for the US Air Force Academy. 

Professor Batra was previously a full professor with tenure at Texas Tech University School of Law, where he taught courses on Alternative Dispute Resolution / Negotiation, Property Law, and Intellectual Property. He was awarded the President's Excellence in Teaching Award in recognition of his teaching abilities. He has also been a Visiting Professor at the University of Oregon, UNLV Boyd School of Law, Santa Clara Law, teaching negotiation skills and applications.

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 served 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 currently serves on the the Executive Committee of the AALS Section of Dispute Resolution and on the ABA Section of Dispute Resolution Conference Planning Committee, among other ADR service roles.

Before 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 fellow 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.


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.


Ingrid Rechtin is a partner in Covington's San Francisco office.  Ms. Rechtin provides strategic legal advice to public and private companies in the life sciences, technology, and fintech sectors, ranging from start-ups to global corporations.  Her experience includes joint ventures, mergers and acquisitions, product divestitures, corporate venture capital financings, development funding transactions, licensing and complex commercial transactions, and general corporate matters.  In addition, Ms. Rechtin has advised on numerous strategic investments in IP, including acquisitions and divestitures of patent portfolios and complex patent monetization transactions. 

Ms. Rechtin is a graduate of Stanford University and Harvard Law School.