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Basic Negotiation Skills 2013


Speaker(s): Anthony Grumbach, Carolyn E. Wright, Doug MacKay, Jamison R. Narbaitz, Janet L. Frankel, Janet Martinez, Janet Stone Herman, Jerome F. Birn, Jr., Jessica Natkin, Jill H. Feldman, Julie Matlof Kennedy, Matthew P. Vafidis, Michael L. Fox, Michael R. Gotham, Rachel B. Proffitt, Shirley Gibson
Recorded on: Jan. 14, 2013
PLI Program #: 42897

Jessica Natkin is the Director of Programs for the Diversity & Flexibility Alliance. Jessica is an expert in the fields of lawyer career development and work/life integration through flexible work. Prior to joining the Project for Attorney Retention (the Alliance's predecessor organization), she managed the career development programs at Orrick, Herrington & Sutcliffe, LLP, and Wilson, Sonsini, Goodrich & Rosati, P.C., focusing on personalized attention to improve attorney morale and retention. At the Alliance, Jessica works with members to provide them with up-to-date best practice information and the tools and techniques they can use to employ them. Jessica holds a B.A. from U.C. Berkeley, where she focused on women's history, and a law degree Northwestern University School of Law. Her senior research project at Northwestern analyzed how and why law school should be feminized. Jessica also has a graduate certificate in career development and has been working as a career coach for lawyers for over ten years.


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)


Carolyn E. Wright's legal practice is aimed squarely at the needs of photographers. A professional photographer herself, Carolyn understands the special issues that confront both professional and amateur photographers alike.

Known as the "Photo Attorney®," Carolyn previously practiced in Atlanta with King & Spalding and Neely & Player representing Fortune 500 clients in multimillion dollar litigation, but now helps photographers to protect their rights. Carolyn is the author of the successful "Photographer's Legal Guide" book, is a regular speaker to photography organizations, and provides free legal information for photographers on her blog at www.photoattorney.com.

Carolyn also keeps ties with the photographic community through her wildlife photography business and photography workshops. Her photos are included in the photo book, "Captivating Wildlife - Images from the Top 10 Emerging Wildlife Photographers," and she is working on a photo book documenting the beauty and behavior of wolves.

Education and Honors

Carolyn was graduated from Emory University School of Law with a Juris Doctor. She earned an American Jurisprudence Award for Legal Writing, Research and Advocacy and was awarded second place in the Nathan Burkham Legal Writing Competition on Copyright at Emory. She was the President of the Sports and Entertainment Law Society, Executive Candidacy Editor for the Emory Bankruptcy Developments Journal, and was selected the "most outstanding female law student" by the faculty.

Carolyn also was graduated from Tennessee Technological University with a Masters of Business Administration degree and a Bachelor's of Science degree in music. She was a member of Omicron Delta Kappa (national leadership honor society) and was awarded a full music scholarship.

Areas of Practice

Intellectual property, including copyright and trademark law, rights of privacy and publicity, contracts and licensing, general business and commercial law, and commercial and tort litigation.

Professional Associations and Memberships:

North American Nature Photographers Association, Editorial Photographers, Women in Photography International (Charter Member), Picture Licensing Universal System (PLUS) (Advisory Council), American Society of Media Photographers (ASMP) (Associate Member), and the Copyright Society of the U.S.A.


Jerome (Jerry) Birn specializes in all aspects of securities litigation, including shareholder class actions, derivative litigation, SEC enforcement matters, internal investigations, and corporate governance. Jerry has a national practice, representing companies such as the Boeing Company, Krispy Kreme Doughnuts, Amdocs, Avaya, and Silicon Graphics.

Jerry previously served as a member of the firm's Policy Committee.

SELECT MATTERS:

  • In re The Boeing Company Securities Litigation. Represented Boeing and its current officers and directors in shareholder litigation arising out of Boeing's introduction of its Next Generation 737 aircraft. The case settled well within insurance coverage.
  • Krispy Kreme Doughnuts. Currently represents the company and certain officers and directors in shareholder class action and derivative litigation and in SEC enforcement and U.S. Attorney investigations.
  • In re Amdocs Securities Litigation, 390 F.3d 542 (8th Cir. 2004). Represented the company and its current and former officers and directors in shareholder class action arising out of a missed quarter. Obtained dismissal with prejudice by the district court, which was affirmed on appeal.
  • In re Silicon Graphics Inc. Securities Litigation, 970 F. Supp. 746 (N.D. Cal. 1997), aff'd, 195 F.3d 521 (9th Cir. 1999). Represented the company and its officers and directors in shareholder class action and derivative litigation in the leading case filed under the Private Securities Litigation Reform Act of 1995. Obtained dismissal with prejudice of all matters.
  • In re Cypress Semiconductor Corp. Securities Litigation, 891 F. Supp. 1369 (N.D. Cal. 1995), aff'd, 1997 U.S. App. LEXIS 9587 (9th Cir. 1997). Represented the company and its officers and directors in this shareholder action. Obtained summary judgment for all defendants, which was affirmed on appeal.
  • In re Cypress Semiconductor Corp. Securities Litigation, 891 F. Supp. 1369 (N.D. Cal. 1995), aff'd, 1997 U.S. App. LEXIS 9587 (9th Cir. 1997). Represented the company and its officers and directors in this shareholder action. Obtained summary judgment for all defendants, which was affirmed on appeal.
  • Legato Systems, Inc. Represented the company and its audit committee in an internal investigation of factors that led to the company's restatement. Also represented the company in resolving shareholder class action and derivative litigation.
     

EDUCATION
J.D., Harvard Law School, 1984 
A.B., Brown University, 1981, Magna Cum Laude and Phi Beta Kappa
 

HONORS
Selected as one of Lawdragon's "100 Lawyers You Need to Know in Securities Litigation," 2008
Named in Northern California Super Lawyers, 2004-2006 and 2010-2012


ADMISSIONS

State Bar of California


Mike Gotham is Director of Attorney Recruiting and Retention for Perkins Coie LLP.  Prior to joining Perkins Coie in 2008, Mike was Director of Attorney Recruiting for Heller Ehrman LLP for three years, Director of Lawyer Recruiting and Professional Development for Stoel Rives LLP for five years, and Director of Career Planning and Public Service at the University of Washington School of Law for five years. 

Mike served as NALP President in 2008-2009.  Mike's other past NALP activities include serving on the Part V (timing guidelines) Task Force (2007 - 2009), as an at-large member of the Board of Directors (2002-2004), as a member of the 2000-2005 and 2005-2010 Long-Range Strategic Planning Committees, as chair of the Timing Guidelines Taskforce (2003-2004), and as chair of the 2006 Annual Education Conference Planning Committee. Still other past NALP activities include serving as chair and vice-chair of the Public Service Committee, a member of the Educational Programming Advisory Council, and a member of the Nominating Committee.  Mike was awarded the NALP President's Award in 2005 for his work on behalf of the association.

Mike is a past president of the Seattle Area Legal Recruiting Administrators group, a past chair of the Northwest Minority Job Fair, and a past chair of the Puget Sound Area Minority Clerkship Program. Mike earned his J.D. from the University of Washington School of Law in 1993 and was editor-in-chief of the Washington Law Review.
 


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


Jill Holtz Feldman serves as Chair of Morrison & Foerster's Financial Transactions Group and is a member of the firm’s Clean Technology + Alternative Energy Steering Committee. Her practice focuses on international and domestic commercial finance transactions, with a special emphasis in the areas of bilateral and syndicated commercial lending, winery financing, merger and acquisition financing, renewable energy projects, infrastructure projects, and equipment leasing transactions.

Ms. Feldman brings to her clients significant experience in domestic and international acquisition finance, commercial and finance transactions, including the purchase, sale, leasing, and financing of worldwide assets such as computers, equipment, and wineries, as well as the development and financing of manufacturing facilities and renewable energy projects, such as wind farms, biomass energy facilities, distributed generation solar facilities, and other infrastructure projects. Because Ms. Feldman's practice involves highly complex transactions, she often creates unique finance structures to meet the needs of her clients. She develops creative solutions that preserve her client's financial and operational objectives while accommodating the requirements of the other parties to the transaction. Her goal is the ultimate success of the deal and her client's satisfaction with the terms of its agreements.

Ms. Feldman's practice includes a wide variety of single-lender and syndicated secured and unsecured credit transactions, merger and acquisition financings, asset-based credit facilities, agricultural and winery financings, real estate development loans, cross-border transactions, credit support for industrial development bonds, infrastructure development, project finance transactions, multi-tiered credit facilities (representing senior, mezzanine and subordinated lenders), and equipment leasing transactions.

Ms. Feldman earned her law degree, magna cum laude, from Hastings College of the Law in 1986, where she was a member of the Thurston Society, Order of the Coif, and the Executive Editor of The Hastings Law Journal.

Ms. Feldman is recognized as a leading lawyer by IFLR1000 2013 and 2014 in the field of Bank Lending. Ms. Feldman has also been recommended as a leading lawyer by such clients’ guides as Legal 500 US 2013 and 2014 in the field of Project Finance, Best Lawyers in America 2013, 2014 and 2015, and PLC Which lawyer? 2012. In addition, Ms. Feldman was recognized in the 2011 and 2012 editions of Chambers USA: America’s Leading Lawyers for Business, for excellence in the field of Banking and Finance. In 2009 she was named by The Daily Journal as one of California’s Leading Rainmakers.

______________________________________________________________________________

Education

  • University of California, Santa Barbara (B.A., 1980)
  • University of California, Hastings College of the Law (J.D., 1986)

Practices

  • Financial Transactions
  • Cleantech
  • Acquisition Finance

Bar Admissions 

  • California

 


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.) 


Michael Fox is a partner with Sedgwick LLP in San Francisco.  He represents energy companies, chemical and equipment manufacturers, and construction companies in toxic tort, environmental release, general liability, and serious personal injury matters.  He also handles a variety of commercial litigation matters involving unfair competition, fraud, insurance, and contract disputes.  He has extensive experience litigating cases involving alleged exposure to asbestos, silica, welding fumes, chromium, as well as other airborne and groundwater contaminants.  His recent publications include “California Appellate Court Limits Application of Sophisticated User Doctrine,” International Association of Defense Counsel Toxic and Hazardous Substances Litigation Newsletter (November 2013), and “The Use of Forensic Psychiatry in Catastrophic Injury and Multi-Party Litigation,” Bloomberg BNA Expert Evidence Report (December 2013).

Mr. Fox is a member of the Litigation and Environmental Sections of the Bar Association of San Francisco and the California State Bar.  He is also a member of the International Association of Defense Counsel and serves as the Vice-Chair of Newsletters for its Toxic and Hazardous Substances Litigation Committee.  He has also been involved with the Defense Research Institute and its Toxic Torts and Environmental Law Committee, the Tort Trial & Insurance Practice Section of the ABA, and the Association of Defense Counsel of Northern California and Nevada.


Rachel Proffitt is a partner at Wilson Sonsini Goodrich & Rosati, where she practices corporate and securities law. Rachel co-founded WSGR's SOMA office in 2012, deepening the firm's commitment to the burgeoning community of emerging growth companies and the investors and advisors that support them. Rachel represents public and private clients, as well as venture capital and investment banking firms and other institutional investors, across a broad range of industries. Her practice focuses on general corporate and complex transactional matters, including venture capital transactions, public and private securities offerings, mergers and acquisitions and other strategic transactions, and public-company disclosure and corporate governance.

SELECT CLIENTS:

  • Alivecor
  • Appetize
  • Bench Accounting
  • Cabify
  • The Climate Corporation (sold to Monsanto)
  • Comprehend Systems
  • Cornerstone OnDemand
  • Enjoy Technology
  • Flipboard
  • ForeScout
  • Ibotta
  • Index Ventures
  • InstaCart
  • Jelly Industries
  • keenwawa (eatsa)
  • Kenandy
  • Le Tote
  • Meraki (sold to Cisco)
  • Metamarkets
  • Metro Mile
  • Path (sold to Daum Kakao)
  • Rocket Fuel
  • Sequoia
  • Shopatron (sold to Vista Equity Partners)
  • Vectra

EDUCATION:

  • J.D., University of California, Hastings College of the Law
    Member, Hastings International and Comparative Law Review; Member, Hastings Security Law Society
  • B.A., English, University of California, Los Angeles
    Cum Laude, Phi Beta Kappa, University Honors Program

HONORS:

  • Recognized in the Start-Ups & Emerging Companies category of the 2017 edition of Chambers USA: America's Leading Lawyers for Business, with commentators describing her as "phenomenal," "thorough," and "incredibly fast to respond," and observers noting that "she does well at balancing risk"
  • Recognized by the Daily Journal as one of the "Top 100 Women Lawyers in California" for 2015

ADMISSIONS:

  • State Bar of California

Areas of Expertise

Capital Markets
Corporate  Governance
Mergers & Acquisitions
Private Company Representation
Public Company Representation
Start-Ups and Venture Capital


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.


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.


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.


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.


Shirley Gibson is Directing Attorney at the Legal Aid Society of San Mateo County, where she has supervised the housing and eviction defense practice since 2007. Ms. Gibson was previously a staff attorney at Eviction Defense Collaborative in San Francisco for five years, and a litigation associate with Law Offices of Tim A. Pori for two years. She is a graduate of Reed College (B.A, 1994) and New College of California School of Public Interest Law (J.D., 1999).