HON. WILLIAM G. BASSLER,

Transcription

1 HON. WILLIAM G. BASSLER, FCIArb 130 Bodman Place, Suite 15 / Red Bank, NJ Tel: / Fax: / judgewb@comcast.net Since leaving the United States District Court in August of 2006, I have been engaged as an arbitrator and mediator, as well as an adjunct professor at Fordham University School of Law. I have also evaluated mock presentations in preparation for motions and trials. My alternative dispute resolution and judicial experience includes cases involving patents, license agreements, franchise agreements, trademarks, copyrights, securities, insurance/reinsurance, joint ventures, real estate, personal injury, breach of contract, trade secrets, and legal and accounting malpractice. Currently serving on the Executive Committee of the Board of Directors of the American Arbitration Association (AAA) AAA/ICDR delegate to 47th UNCITRAL Session at United Nations Headquarters (June 2014) Member of the AAA s Drafting Committee on Discovery and Document Exchange, CCA s Judicial Education Committee, and CPR s Arbitration Committee and Patent Mediation Task Force Mediator/Arbitrator in Sandy Voluntary Alternative Dispute Resolution Program Administered by Kenneth Feinberg for Liberty Mutual Insurance Co. Participated as a judge in the Willem C. Vis International Commercial Arbitration Moot Competition in Vienna, Austria, April 2011 Testified at an ICC arbitration in Paris (May 2010) as an expert witness on certain aspects of NJ Law in a patent license dispute between two international pharmaceutical companies Currently serving on the Members Consultative Group of the Restatement Third, the US Law of International Commercial Arbitration project Supervised discovery in September 2010 in Paris as a commissioner for the taking of evidence in a patent dispute Member of the observer delegation of the New York City Bar to the UNCITRAL Working Group II (Arbitration and Conciliation). This Commission will continue its work on the revision of the UNCITRAL Arbitration Rules. Member of Third Circuit Committee on Model Civil Jury Instructions published by Thomson West (2006) Career On the Panel of Neutrals at: Record International Centre for Dispute Resolution Present American Arbitration Association (AAA) Present CPR Institute for Conflict Prevention and Resolution (International Present and Judicial Panels) FedArb Present Judicial Arbitration Mediation Services (JAMS) Judge, United States District Court, District of New Jersey Judge, Superior Court, State of New Jersey Engaged in the general practice of law with my own and other law firms in Monmouth County, New Jersey Clerked for Hon. Mark A. Sullivan, Appellate Division of the New Jersey Superior Court Education Harvard Law School, Mediation Workshop, Program on Negotiation 2006 University of Virginia Law School, LL.M. (Judicial Process) 1995 New York University Graduate School, LL.M. (General) 1969 Georgetown University Law Center, J.D. (Law Review) 1963 Fordham University, B.A 1960

2 Page 2 Representative Arbitrations: Co-arbitrated claim seeking over 100 million U.S. in damages for fraudulent inducement of tax sharing agreement, breach of contract, aiding and abetting breach of fiduciary duty, rescission and disgorgement. Chaired arbitration of claim for 5 million U.S. for alleged distribution and reselling of software in breach of license agreement. (Case settled.) Chaired arbitration between U.S. and Japanese company for interim and permanent injunction, breach of contract for termination of development of drug in Japan and $5 million interim payment. (Case settled.) Co-arbitrated an arbitration of imputation-based defenses of in pari delicto and lack of reliance involving a $160 million claim by an investment bank against an accounting firm for accountant malpractice and breach of contract. Co-arbitrated a published arbitration under the 1998 Master Settlement Agreement with various tobacco companies and U.S. States and Territories in which tobacco company signatories sought an over $1 billion reduction in their 2003 settlement payments. Co-arbitrated tort, breach of contract, and accounting malpractice claims in excess of one billion dollars. Chaired arbitration between insurer and reinsurer over coverage dispute. Arbitrated claim by liquidator of insolvent European bank for breach of settlement agreement by U.S. state domestic liquidator of the bank. Arbitrated claim for alleged breach of contract between company marketing title insurance in Central America and title insurance company. (Case settled.) Co-arbitrated claim by general partner for reinstatement and multi-million dollar claim for damages against Limited Partner. Arbitrated claim by managing partner against partners over validity of amendment to partnership agreement. Arbitrated claim for breach of contract to purchase a fixed number of commercial manufacturing devices. (Case settled.) Co-arbitrated multi-million dollar claim generated by joint business ventures among insurer offering auto dealers liability and physical damage policy, fronting insurance company and reinsurer. (Case settled.) Co-arbitrated issue whether claimant s research license to respondent s research institute applied to claimant's commercial sales giving claimant a right to indemnification for its alleged patent infringement. (Case settled.) Arbitrated multi-million dollar claim for environmental damages under indemnity agreement in contract of sale. Arbitrated claim by limited partner against partnership and other partners for distribution under partnership agreement. Co-arbitrated multi-million dollar claims between and among fronting insurer, managing general agent and reinsurer. (Case settled.) Arbitrated claim against major New York City law firm over balance of outstanding legal fees. Chaired arbitration of claim for breach of contract in excess of $1 million by company providing computer services for automobile dealership. Arbitrated claim by employee for gender discrimination and counterclaim by employer for breach of noncompetition clause. Arbitrated claim by acquisition company for damages against selling stockholders for breach of contract. Co-arbitrated claim by insurer and reinsurer to rescind policy to cover claim in excess of $1 million. Arbitrated dispute between partners over proper allocation of counsel fees under partnership agreement. Chaired arbitration of claim in excess of $3 million over breach of contract in sale of power plant. Arbitrated claim in excess of $8 million by South American natural gas transport and processing company against a large New York City bank over conversion of funds. Arbitrated $190 million claim by subsidiary of major automobile company over breach of contract with joint coventurer. Co-arbitrated multi-million dollar claim for damages for infringement of cell phone patent.

3 Page 3 Representative Mediations: Mediated claim for legal malpractice alleged to have been committed in arbitration of partnership dispute. Mediated claim for patent infringement. Mediated court assigned mediation of dispute between brand pharmaceutical and generic involving issues of anticipation and inequitable conduct. Mediated Hatch Waxman dispute between brand pharmaceutical company and generic which stipulated to patent infringement and its defenses of anticipation and unclean hands. Mediated multi-million dollar claim by discharged employee against former employer, a pharmaceutical company, for alleged violation of NJ Conscientious Employee Protection Act (CEPA) and qui tam action alleging violations of False Claims Act. Mediated dispute between landlord and tenant over interpretation of CPI clause in long term lease, hold-over rent, option to purchase. Mediated multi-million dollar class action claim against cellular telephone service provider for alleged misleading plans resulting in improper customer billing. Mediated claim by bank against insurance company for coverage claim against directors. Mediated claim by American corporation against German corporation for breach of contract to sell machinery. Mediated claim by garment manufacturer (before and after Markman hearing) that competitor infringed patent directed to a particular method of making fabric. Issues involved validity, infringement and enforceability. Mediated multi-million dollar claims by manufacturer against distributors for the unauthorized diversion to the domestic market of goods intended to be sold exclusively in the international market and claims of copyright and trademark infringement. Mediated dispute by expert for claim for services rendered to class action law firm for failure to pay for balance of contracted fee. Mediated dispute between owner of apartment complex and insurer where the issue was the cause of the boiler's failure to function. Mediated claim against insurance company for property damage loss and issue of whether there was sufficient proof of mailing requirements for cancellation of policy. Mediated claim by major university for patent infringement. Mediated claim by class against investors against mutual funds group. Mediated claim of infringement of patent for storm windows. Mediated claim by Israeli company for infringement of patent for prison video surveillance equipment. Mediated patent infringement case between innovator drug company and generic. Mediated dispute between partner and deceased partner s estate over ownership of works of art. Mediated claim in excess of $4 million by property owner against insurance company for damages from fire loss. Mediated dispute between owner and insurance company over losses due from land shift. Mediated claim by condo association against member for damages for breach of condo rules and regulations. Mediated claim for violation of copyright. Mediated claim by SEC for violations of Securities Laws. Mediated claim against insurance companies for injuries to children due to lead poisoning. Mediated claim by small company against generic for Lanham Act claims.

4 Page 4 Membership Organizations: Executive Committee, AAA s Board of Directors Fellow, Chartered Institute of Arbitrators (FCIArb) Fellow, College of Commercial Arbitrators (CCA) Fellow, American Bar Foundation International Arbitration Club of New York City LCIA North American Users Council International Chamber of Commerce Swedish Arbitration Association Singapore International Arbitration Centre Association of the Bar of the City of New York, International Commercial Disputes Committee Certified Mediator, International Mediation Institute (IMI) and IMI Bronze Patron American Bar Association International Council Commercial Arbitration (ICCA) ALI s Consultative Group on the Restatement Third, The U.S. Law of International Commercial Arbitration American Law Institute American College of Probate Counsel, Fellow International Bar Association New York City Bar Association Federal Circuit Bar Association New York Intellectual Property Law Association New Jersey Intellectual Property Law Association The Assoc. of the Federal Bar of the State of NJ International Trademark Association Continuing Education: AAA ICDR/ICC/ICSID 31st Annual Joint Colloquium on International Arbitration (New York 2014) ALI s joint meeting of the Members Consultative Group & Advisers for Restatement Third (Philadelphia 2014) Symposium on International Arbitration in Remembrance of Prof. Hans Smit (New York 2013) LCIA Latin American and Caribbean Users Council Symposium (Bogota 2013) 15th and 16th Annual IBA International Arbitration Day (Stockholm 2012, Bogota 2013) ASA Annual Conference: Inside the Black Box: How Arbitral Tribunals Operate and Reach their Decisions (Zurich 2013) Australia and International Arbitration: What U.S. Lawyers Should Know Skadden and the Australian Centre for International Commercial Arbitration (2011) College of Commercial Arbitrator s 11th Annual Meeting (Denver, CO 2011) PLI s Prior Art & Obviousness (2009, 2011) LCIA European Users Council Symposium (Luton Hoo 2011, Tylney Hall 2010) ICDR 9th Annual Miami International Arbitration Conference (2011) ICDR International Symposia in Advanced Case Management, AAA University (2010) 7th Annual Seminar: International Commercial Arbitration, American University Washington College of Law s Center on International Commercial Arbitration(2010) AAA/ICC/ICSID Joint Colloquium on Int l Arbitration (2009) LCIA North American Users Council Symposium (2009) ICC Institute Masterclass for Arbitrators (Paris 2009) 12th IBA Int l Arbitration Day: Due Process in Int l Arbitration Conference (2009) 22nd Annual Pharmaceutical/Chemical Patent Practice Update (2008) 25th Joint Colloquium on International Arbitration, ICDR / AAA (2008) ARIAS-US's Intensive Arbitrator Training Workshop (2008) Third Annual ICC NY Conference, ICC Arbitration Today: Bridging the Cultural Gap in International Arbitration (2008) AAA and Fordham University s Ask & Answer: Arbitration (2008) IBA s Arbitration Committee Conf., The New York Convention: 50 Years (2008) Practicing Law Institute s Workshop, International Arbitration (2008) CIArb-CPR Advanced Arbitrator Training (2007)

5 Page 5 Speaking Engagements: Panelist, The Judge s Perspective on International Arbitration, ICDR-CCB International Arbitration Program (Bogota 2014) Panelist, War and Peace: Can Commercial Mediation Learn from How Conflicts Between States are Mediated? ABA Section of International Law s Spring Meeting (New York 2014) Commercial Arbitration, New Jersey Judicial College (New Jersey 2013) International Arbitration: Practical Ways to Promote Efficiency and Contain Costs, Mayer Brown / ICC (New York 2013) International Arbitration: Practical Ways to Promote Efficiency and Contain Costs, Co-Sponsored by Mayer Brown, ICC, and USCIB (New York 2013) Award Writing, NYSBA s Dispute Resolution Section and Benjamin N. Cardozo School of Law s Commercial Arbitration Training for Arbitrators and Counsel (New York 2013) State Courts and Arbitration: Hand in Hand Forever, IBA Arbitration Committee s White Nights Conference (St. Petersburg 2013) Arbitration: A View From the Bench, CCA Annual Meeting (New York 2012) Muscular Arbitration: What Corporate Counsel Can Do to Shape Up Arbitration, ACC Annual Meeting (Orlando 2012) The Use and Abuse of Referees and Special Masters in Discovery, ACC Annual Meeting (Denver 2011) Panelist, Chartered Institute of Arbitrators (NY Chapter), The Judges Program with Hon. Judith Kaye and Hon. William Webster, Fordham University School of Law (New York 2011) AAA s Muscular Arbitration: Trimming the Fat Out of Arbitration (New York 2011) AAA University s Cut to the Chase: Methods for Efficient Arbitration (New York 2011) Panelist, American Conference Institute's 2nd annual Hatch-Waxman series, Paragraph IV On Trial (New York 2009) West Legalworks Fourth Annual edisclosure Forum: Who Is Responsible and Who Is Accountable (London 2008) ABA Section of Int l Law s Fall Meeting (panelist), Why and How To Educate your Non-US Clients about Electronic Discovery (Brussels 2008) PLI s Developments in Pharmaceutical and Biotech Patent Law, Bench Perspective: Trying a Pharmaceutical or Biotech Patent Case (New York 2008) ABA Annual Meeting (panelist), Ensuring & Enforcing Ethics in Arbitration (New York 2008) ABA Section of Int l Law s Spring Meeting (panelist), Perspectives on Universal Jurisdiction, Extraterritoriality and the Future of Alien Tort Statute Litigation: Talisman and Other Recent Cases (New York 2008) American Conference Institute 2nd Annual Conference on Paragraph IV Disputes (panelist), View from the Bench: Judicial Views on Paragraph IV Litigation (New York 2008) New York State Bar Association, Commercial and Federal Litigation Section (panelist), Introduction to Mediating the Complex Case (2008) CEELI Institute Course, "Building Judicial Integrity: A Training Program for Combating Judicial Corruption" (Prague 2007)

6 Page 6 Publications: The Symbiotic Relationship Between International Arbitration and National Courts, IBA s Dispute Resolution International, November 2013 Challenges to Collegiality, Reported in submissions at ASA s Annual Conference, Zurich, February 2013 A Primer on Taking Evidence Abroad, co-authored with Christian Stueben, Mealey s International Arbitration Report, June 2011 Mistakes Mediators Make, co-authored with Jack Levin, New Jersey Lawyer Magazine (a publication of the New Jersey State Bar Association), April 2011 Reasons for Mediating International Environmental Tort Claims in the Shadow of the Alien Tort Claims Act, coauthored with Yitzchok Segal, AAA Handbook on International Arbitration and ADR (Second Edition, 2010) Are the Halcyon Days of Patents Over, co-authored with Katherine A. Helm, Bloomberg Corporate Law Journal, Spring 2008 How to Select the Best Seat for Your Int l Arbitrations, co-authored with Robert Davidson, Mealey s Int l Report, January 2008 Hitting the Mark: Fundamentals of Preparing For and Conducting an Effective Markman Hearing, 189 New Jersey Law Journal, July 30, 2007 The Importance of Predictability in Maritime Disputes, 38 The Arbitrator, January 2007 More About More, The Catholic Lawyer published by St. John s Law Review, Volume 41, Spring 2002, Number 4 Cert. Granted: The Practical and Philosophical Reasons Why New Jersey Should Adopt a Certification Procedure, co-authored with Michael R. Potenza, Esq., 29 Seton Hall L. Rev. 491 (1998)