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Basic Negotiation Skills 2015


Speaker(s): Adam Poe, Anthony Grumbach, Doug MacKay, Janet L. Frankel, Janet Martinez, Janet Stone Herman, Jill H. Feldman, Matthew P. Vafidis, Michael E. Dickstein, Michael L. Fox, Robin G. Workman, Rollin B. Chippey II, Todd Cleary
Recorded on: Jan. 12, 2015
PLI Program #: 57992

Matthew P. Vafidis is a partner specializing in commercial litigation, with an emphasis on shipping and environmental 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 42 trials, appeals and arbitrations, and has acted as mediator or appeared as counsel in approximately 100 mediations.  He leads Holland & Knight's West Coast Litigation Practice Group, is consistently listed among the leading lawyers in California and the United States, and is a regular speaker and published writer on legal matters.

Mr. Vafidis gained advocacy experience as a criminal defense barrister before taking up practice in San Francisco, initially skilled in admiralty law and federal court, and then developing into a commercial and environmental litigator.  As a maritime lawyer, Mr. Vafidis specializes in disputes involving the carriage of goods by sea, collision, salvage and pollution, and has appeared for foreign and domestic clients in arbitrations, administrative hearings, and federal and state court litigation and appeals.  He has developed skills and experience in marine casualties, particularly oil spill response and investigation, and has been involved as counsel in most of the substantial incidents on the West Coast over the past 25 years.

With his background in marine pollution cases, and natural resource damage assessments, Mr. Vafidis has expanded his practice to land-based environmental matters, including representing foreign and U.S. clients in groundwater contamination litigation, environmental cleanup and air pollution cases.  His trial knowledge enabled Mr. Vafidis to develop a broad commercial litigation practice, in federal and state court and domestic and international arbitrations, representing California, U.S. and foreign businesses in contract, trade, real estate, insurance, intellectual property and antitrust disputes.  He is skilled on federal practice, particularly subject matter and personal jurisdiction, and maritime attachment and arrest, and has appeared in state courts throughout California.  In addition, Mr. Vafidis advises certain longstanding clients, particularly in the transportation industry, regarding risk management and general business issues.

Mr. Vafidis is committed to and active in pro bono representation, serves on firm and local bar association pro bono committees, and was active on the board of a nonprofit community arts organization in the Bay Area for several years.  He has been a member of the U.S. District Court ADR panel for more than 20 years, and regularly acts as a mediator, both privately- and court-appointed.  Mr. Vafidis frequently lectures, within the firm and at professional conferences in the U.S. and abroad, on topics ranging from substantive law and procedure to law practice management and advocacy, and he regularly judges moot court competitions at a local law school.


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)


In 1992, Janet Frankel received her JD from Hastings and opened her private law practice. Janet was certified by the State Bar Board of Legal Specialization as a Certified Family Law Specialist in 2004. Since 2013, Janet has served as an Executive Officer of the Family Law Section of the San Francisco Bar Association. Janet is an Adjunct Professor at San Francisco Law School (Alliant University), teaching Community Property Law since 2006. Janet volunteers regularly in KALW’s monthly public service radio program “Your Legal Rights,” where listeners pose their legal questions off the air to certified specialists. Janet serves as a Judge pro tem in the Unified Family Courts of the San Francisco Superior Court. 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 students interested in family law, and has received the Wiley W. Manuel Award for Pro Bono Legal Services from the State Bar Board of Governors. Janet was appointed to the Board of Legal Specialization Family Law Advisory Commission in 2006, and served as its Chair in 2009-10. In 2005, Janet co-authored Dissolution Strategies, published by CEB. Janet is a Children's Docent at SFMOMA, and she is a Staff Commodore at Island Yacht Club, where she volunteers as a sailing instructor at the annual Women’s Sailing Seminar. When Janet is not teaching or practicing law (or sailing), she and her husband Tony love to travel with their genius cat, Bear.


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

 


Michael Dickstein is a full-time mediator, arbitrator, and negotiation/ADR teacher.  Mr. Dickstein teaches negotiation and mediation at Stanford Law School, and is a former partner in one of America’s leading law firms (Heller Ehrman et al.).

Mr. Dickstein has mediated and successfully settled cases on a wide variety of topics (including class action, commercial, employment, contract, intellectual property, franchise, real estate, personal injury, discrimination, malpractice, construction defect, and defamation issues).  Mr. Dickstein has mediated approximately 250 class actions across North America (including in New York, Toronto, Chicago, Boston, Philadelphia, Pittsburgh, Washington D.C., Atlanta, Nashville, Houston, Minneapolis, Columbus, Portland, San Francisco, Los Angeles, San Diego and Orange County), with class sizes ranging from fewer than 100 class members to over 70,000.  Examples of Mr. Dickstein’s work include: mediating a nationwide wage and hour class action brought against a major financial institution, with over 60,000 class members and hundreds of millions of dollars in dispute; facilitating the contract negotiations between Canada’s theatre actors and major theatre owners; mediating an international trademark dispute involving the wine labels of a leading American and European wine producer; mediating a discrimination class action, involving a university’s structuring of its sports program, and provision of facilities and opportunities for women; mediating claims between one of the world’s leading automobile manufacturers and its franchisees; and arbitrating employment claims against a pre-eminent securities company.  Mr. Dickstein has also served as a judge pro tem for the San Francisco and Alameda Courts.

In addition to teaching at Stanford, Mr. Dickstein has taught classes on negotiation, mediation, and ADR worldwide (including in the US, Canada, China, France, Germany, England, Ireland, Australia, Trinidad and Tobago, Bermuda, the Bahamas, and St. Lucia).  In addition, Mr. Dickstein has published various works on mediation and negotiation, including the chapter on “Preparing for, and Attending, Mediation” in the Alternative Dispute Resolution Practice Manual published by CCH Canadian Limited (2000) and “8 Steps to Negotiating a Deal” published as a “Must Read” on CNN.com (2013).

Mr. Dickstein earned his A.B. with honors from Harvard College in 1981, and J.D. with honors from Harvard Law School in 1985.  Mr. Dickstein has been chosen to appear in “Who is Who of American Lawyers”; “Who is Who in America”; “Who is Who in the World”; and “Northern California Super Lawyers” 2006, 2008, 2009, 2010, 2011, 2012, 2013 and 2014.


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.


Rollin B. Chippey, II, is a partner in Morgan Lewis's Litigation Practice. Mr. Chippey led Morgan Lewis's trial team in its representation of Asahi Kasei Pharma Corp., where he and his partners obtained a $577 million verdict for Asahi after a three-month jury trial in California state court in the spring of 2011. The verdict was the second largest jury verdict in the United States for 2011.

Mr. Chippey's practice includes broad civil litigation representations in state and federal courts, including complex commercial matters, trade secrets, and employment disputes, as well as a full range of real estate matters, including land use entitlements and partnership disputes.

Mr. Chippey’s trial experience includes bench and jury trials in both state and federal courts involving such matters as misappropriation of trade secrets, breach of an option agreement to purchase real property,  breach of contract claims in connection with large military procurement contracts,  breach of lease issues, mortgage banking-related issues, manufacturers of polyurethane applications, claims of trademark infringement and antitrust violations, landlord-tenant disputes, and claims regarding a stock option plan. His employment litigation experience includes defense of employers in complex wrongful termination, sexual harassment, and racial discrimination cases.  He also has successfully briefed and argued a number of matters before the California Court of Appeal. 

Mr. Chippey has a legal and technical background that includes work at a nationally prominent law firm and a law clerk position with Judge Nathaniel R. Jones, U.S. Court of Appeals for the Sixth Circuit.

Mr. Chippey is a member of various national and local bar associations, including the Charles Houston Bar Association of Oakland and the Bar Association of the San Francisco. He is a former director of the Northern California Division of the Association of Business Trial Lawyers.

Mr. Chippey's civic involvements include service on the Board of NatureBridge, a national education organization introducing school children to the wonders of the natural world. He also served on the Board of Directors of Equal Rights Advocates and the Homeless Prenatal Program of San Francisco.  

Mr. Chippey is admitted to practice in California and before all California state courts, the U.S. District Court for the Northern and Southern Districts of California, and the U.S. Court of Appeals for the Ninth Circuit.


Todd Cleary is a partner at Wilson Sonsini Goodrich & Rosati. Todd's practice primarily focuses on buyout and investment transactions, including mergers and acquisitions; leveraged buyouts; spin-offs and carve-outs; restructurings and recapitalizations; and growth and later-stage financings. He has represented many prominent enterprises in technology and other markets and is also a leading partner in the firm's private equity practice. Todd also serves as counsel to leading investment banks in connection with M&A advisory engagements. In addition, he serves as lead counsel for general corporate and securities matters for a select group of public and private companies.

Todd previously served as a vice president in technology mergers and acquisitions at Goldman Sachs from 1999 to 2001.

Todd is currently a co-chair of the firm's Career Development Committee.

EDUCATION:
J.D., Stanford Law School, 1995
B.A., Behavioral Biology, Johns Hopkins University, 1991
Phi Beta Kappa, Graduated with General and Departmental Distinction

HONORS:
Recognized in the 2012, 2013, and 2014 editions of Northern California Super Lawyers
Selected for inclusion in the 2007 edition of The Legal 500 US

ADMISSIONS:
State Bar of California


As a Director at Exec|Comm, Doug specializes in negotiation skills, media training and presentation skills.  His clients include Diageo, McKesson, Omnicom, PG&E, and a number of law firms around the country.

Doug also works with the several non-profit Boards of Directors, presenting programs on leadership styles, collaborative problem solving and active listening skills.  Doug graduated from Vassar College with a B.A. in English and received an M.B.A. in Marketing from New York University.


Adam Poe earned his Bachelor's Degree from Michigan State University and his Juris Doctorate degree from DePaul College of Law in Chicago, IL. Mr. Poe represents low-income and disabled clients in Unlawful Detainers and administrative hearings at Bay Area Legal Aid (BayLegal) in Richmond, CA. He also represents the formerly and currently incarcerated to reduce civil legal barriers to reentry and is engaged in policy advocacy to increase employment and housing opportunities.  Mr. Poe supervises legal clinics and regularly provides trainings for attorneys, advocates and community members on the housing rights of individuals with criminal records.


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.


Ms. 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.  Ms. Workman has prosecuted class actions throughout California and the United States on behalf of tens of thousands of employees.  Ms. Workman also represents individual employees in actions against employers for claims of discrimination, harassment, and retaliation.  Ms. Workman 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.