EXHIBIT B: 

Biographical 

Information for 

Proposed Mediators

Case: 19-30088 Doc# 13725-2 Filed: 05/11/23 Entered: 05/11/23 17:42:46 Page 1

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Hon. William J. Cahill (Ret.)

JAMS Mediator, Arbitrator and Referee/Special Master

Contact Information

Scott Schreiber

Two Embarcadero Center Suite 1500

San Francisco, CA 94111

T: 415-774-2615

F: 415-982-5287

Hon. William Cahill (Ret.) is a reputable and sought-after neutral throughout the country who regularly

travels to hear cases. He has successfully mediated and arbitrated thousands of cases, including

business and contract disputes, securities matters, class actions, insurance, real property, engineering

and infrastructure, employment, intellectual property, and legal and other professional malpractice

matters.

Prior to becoming a full time neutral in 2000, Judge Cahill spent nearly ten years as a judge in San

Francisco County Superior Court and before that he was a partner and a trial lawyer at a top law firm.

His experience gives him unique insight into how alternative dispute resolution can be used to resolve

matters efficiently and effectively.

Judge Cahill has been regularly included on the "National Mediators" List, Chambers USA since 2017.

The 2021 Edition of the Guide notes that Judge Cahill "is a good listener, carefully reads all the

submissions, thoughtfully guides the process and works hard to settle matters."

Hon. William J. Cahill (Ret.), (Ret.) | JAMS Neutral | General Biography

Two Embarcadero Center Suite 1500 San Francisco, CA 94111 • T: 415-774-2615 • F: 415-982-5287 • www.jamsadr.com

Page 1 of 6

Case: 19-30088 Doc# 13725-2 Filed: 05/11/23 Entered: 05/11/23 17:42:46 Page 2

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Judge Cahill is known nationally for his preparation, adaptability, fairness and neutrality. He has an

ability to relate to all participants in a case—the lawyers and their clients. He is patient with parties and

clients laud him for his ability to quickly grasp complex facts prior to the commencement of proceedings

and for his creative settlement ideas that lead to closure.

ADR Experience and Qualifications

Renowned across the country as an effective and savvy neutral, and consistently recognized as

one of the top neutrals in the Bay Area as well as California by various surveys and legal

publications

Over 15 years of experience as a full time neutral handling mediations and arbitrations of complex

cases

San Francisco Superior Court Law & Motion and Writs & Receivers Judge for four years, and

Settlement and Trial Judge for eight years

Designated liaison for seven years for the court's committee to construct the San Francisco Civic

Center Courthouse

Specialized in complex litigation and construction law while in private practice. He represented

architects, engineers, owners, and contractors both in litigation and as outside corporate counsel

Representative Matters

Business/Commercial

Arbitrated contract dispute related to purchase and sale of steam, water, and

hydrogen manufacturing facility and the provision of services between adjacent

facilities

Mediated commercial dispute between two global companies over the scope of an

audit clause in a supply agreement that permits either party to ensure that the other is

complying with contractual obligations

Mediated business dispute related to investment structure of bridge note purchased

from a Chinese company through a global trading firm

Served as chair of a three-panel arbitration for a dispute between a radio

broadcasting company and a high tech search engine company that acquired it

Mediated case between a construction company and port authority of an island over

allegedly unauthorized tariffs and penalty fines

Serves as arbitrator frequently in post-resolution attorney fee disputes

Mediated and arbitrated multiple franchise disputes involving issues such as breach of

contract, breach of fiduciary duty and bankruptcy

Mediated numerous high technology licensing disputes, involving technology such as

software, hardware, biotech and pharmaceuticals, and medical devices. Disputes

involved issues of lost profits and royalties

Mediated cases involving dissolution of businesses and partnerships and underlying

securities, stock and payout issues

Mediated dispute involving two shareholders of a small corporation in which one of the

shareholders formed a new, competing business and allegedly use the original

company’s trade secrets and breached the original contract and breached fiduciary

duties

Civil Rights

Mediated a case involving a wrongful imprisonment suit filed by a person whose

Hon. William J. Cahill (Ret.), (Ret.) | JAMS Neutral | General Biography

Two Embarcadero Center Suite 1500 San Francisco, CA 94111 • T: 415-774-2615 • F: 415-982-5287 • www.jamsadr.com

Page 2 of 6

Case: 19-30088 Doc# 13725-2 Filed: 05/11/23 Entered: 05/11/23 17:42:46 Page 3

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murder conviction was set aside by a federal judge after he served 11 years in State

Prison. Navigated through intense emotional, legal and political issues in order to

reach a settlement that was paid over time to insure the plaintiff had sufficient income

for the rest of his life

Mediated a case against a municipality and a lead investigator for wrongful conviction

arising out of suppression of evidence

Mediated numerous ADA cases

Class Action and Mass Tort

Mediated a unique class action case regarding county-provided high school-level

educational programs for inmates held in a county Juvenile Hall. Facilitated a nonmonetary settlement in the form of an agreement as to the appropriate quality of

educational programs that were to be offered to young inmates

Mediated a class action involving consumer claims of defects in electronic devices

Mediated a consumer class action involving allegations of violations of privacy as well

as antitrust and unfair competition

Mediated several class actions brought by consumers over the expiration dates on gift

cards

Construction

Mediation of a $10m + dispute over design and construction of a major hospital.

Mediation took 2 months before resolution.

Claims adjudicator for $100m construction of a San Francisco high rise and

adjudicated a changed condition claim re rock excavation on site and a delay claim.

Sole arbitrator re design and construction of a elderly care facility in East Bay.

Probably $50m + of disputes between the owner, design professional and owner.

Sole arbitrator in construction dispute regarding upgrade of a security system installed

in a Northern California prison.

Mediation of a construction dispute regarding renovation of a Nevada power plant.

Several sessions over two months.

Sole arbitrator re construction disputes between buyers and developers of luxury

homes in the Napa Valley.

Employment

Arbitrate and mediate wide variety of employment disputes including all types of

harassment, wrongful termination, and retaliation and whistleblower allegations

Mediated numerous wage and hour class actions, involving issues of overtime

misclassification, meal and rest period violations and unpaid wages

Mediated numerous wrongful termination cases involving executives as well as

counter claims of theft of trade secrets

Mediated post-acquisition employment disputes between executives and acquiring

company

Entertainment and Sports

Arbitrated business dispute between a sports franchise and their stadium owners

regarding claims of $7 to 8 million of alleged rent owed and contract dispute about

capital improvements to stadium

Mediated a series of related large investment fraud disputes involving several

celebrities alleging mis-management of investments. Case had criminal implications

as well as civil damages issues

Mediated multiple contract disputes between well-known musicians and their

managers

Mediated several disputes involving sports stadiums and related contract obligations,

tax issues and ownership disputes

Hon. William J. Cahill (Ret.), (Ret.) | JAMS Neutral | General Biography

Two Embarcadero Center Suite 1500 San Francisco, CA 94111 • T: 415-774-2615 • F: 415-982-5287 • www.jamsadr.com

Page 3 of 6

Case: 19-30088 Doc# 13725-2 Filed: 05/11/23 Entered: 05/11/23 17:42:46 Page 4

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Financial Markets

Mediated a stockholder derivative suit involving allegations related to the purchase of

100 million shares of a public company by alleged private insiders for less than a fair

market price

Mediated dispute over alleged manipulation of stock valuation in a management

buyout (MBO) by a national brokerage firm

Mediated a case involving breach of fiduciary duty claim against a hedge fund for

failure to liquidate to avoid a $50 million loss

Mediated class action brought by stockholders regarding stock devaluation due to

restatement of allegedly fraudulent financials

Health Care

Mediated a false claim case between the state insurance commissioner and a health

care provider that settled for over $40 million

Several arbitrations between carriers and hospital chains regarding billing

Multi-million dollar settlement in a case between two health care providers regarding

emergency room charges where there was no contract

Mediated an ObamaCare matter between a state's Department of Justice and a

major health care provider

Heard several nursing home cases regarding the staffing of nurses

Several arbitrations interpreting contracts between hospitals regarding their chart of

account contracts

Mediated qui tam action regarding alleged false billing for services provided by

insufficiently credentialed personnel

Arbitrated multi-million breach of contract dispute regarding reimbursement fees

between nonprofit health care system and leading Pharmacy Benefit Manager

Mediated class action alleging leading post acute care services provider failed to

meet daily nurse hours staffing requirements for all residents

Mediated qui tam action brought by State alleging operator of numerous health system

facilities of submitting false, fraudulent, or misleading bills to insurers for anesthesia

services. The suit also alleges named PPO networks of aiding and abetting violations

by restricting insurers’ ability to audit claims

Insurance

Mediated multi-million dollar coverage case in London between a carrier and its

French insured

Arbitrated large insurance case arising out of hurricane Katrina between insurance

companies and hospitals, involving issues of frequency of occurrences of incidents

and related coverage

Mediated a large breach of fiduciary duty case between several school and college

districts and their insurance broker. Allegations included lack of expertise in the

insurance and reinsurance industries, misappropriation of funds and failure to disclose

commissions and other financial benefits that the insurance company was receiving

Mediated a series of insurance coverage disputes between a law firm and their

insurance carrier

Mediated several class actions brought against insurance companies related to

methods used by the insurance companies to bill the insured

Mediated a series of complicated asbestos cases involving insurance coverage

issues

Intellectual Property

Served as chair of three-panel arbitration of a pharmaceutical licensing dispute that

involved issues related to FDA approval of the patented drug

Hon. William J. Cahill (Ret.), (Ret.) | JAMS Neutral | General Biography

Two Embarcadero Center Suite 1500 San Francisco, CA 94111 • T: 415-774-2615 • F: 415-982-5287 • www.jamsadr.com

Page 4 of 6

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Mediated large copyright dispute related to downloading music from the internet

Mediated large patent infringement dispute between two large biotech companies

over patents on blood-glucose testing devices used by diabetes patients

Mediated copyright dispute between global online social gaming company and

Brazilian gaming company

Mediated patent infringement case involving technology related to the technology that

lights laptop screens

Arbitrated patent infringement dispute related to hormone enhancement drugs for

women

Mediated a patent infringement dispute over patents on ingredients used to make

tires in Korea

Mediated a patent infringement dispute related to ecommerce technology, including

allegations of theft of trade secrets

Professional Liability

Mediated multiple legal malpractice cases involving law firms and their clients,

including universities, and construction companies, among others. Cases involved

issues of breach of fiduciary duty, standards of care, breach of contract, and some

involved counterclaims for unpaid fees

Mediated numerous accounting malpractice disputes arising out of the recession and

the Madoff scandal

Mediated multiple accounting malpractice cases related to improper tax

considerations

Mediated numerous professional malpractice cases brought against architects and

engineers related to failed and defective construction developments

Real Property

Mediated contract dispute between developers and their lenders related to

construction and payments for the development of a condominium complex

Arbitrated dispute regarding the partition and sale of a multi-million dollar property in

Northern California

Mediated dispute between developers and buyers over toxic waste in a residential

neighborhood

Arbitrated and mediated numerous disputes over purchase and sale agreements for

commercial and residential property

Sole arbitrator/judge in an infrastructure dispute regarding construction of a commuter

train system in the Bay Area

Water Rights

Mediated water rights matter involving North Basin of the San Francisco Peninsula an

aquifer regarding water storage methods of reserves for use during drought, future

water pumping limits, and drainage issues

Mediated San Francisco West Side Basin water rights matter

Mediated Santa Maria water rights matter

Honors, Memberships, and Professional

Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Included on "National Mediators" list, Chambers USA America’s Leading Lawyers for Business,

2017-2022

Hon. William J. Cahill (Ret.), (Ret.) | JAMS Neutral | General Biography

Two Embarcadero Center Suite 1500 San Francisco, CA 94111 • T: 415-774-2615 • F: 415-982-5287 • www.jamsadr.com

Page 5 of 6

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Recognized as a Top California Neutral, Daily Journal, 2004, 2005, 2009-2013

Recognized as a Northern California Super Lawyer, ADR Category, San Francisco Magazine,

2004, 2006-2014

Recognized as one of the three Best Neutrals in the Bay Area, through an open survey of

attorneys, The Recorder, 2007, 2008, and 2009

Recognized as one of the “500 Leading Judges in America,” by Lawdragon Magazine, 2006

Recognized as one of the Bay Area's Top 10 Mediators and Top 10 Arbitrators, The Recorder,

2002

Chosen as the top judge on the San Francisco Superior Court in a poll published in the San

Francisco Examiner; Judge Cahill's settlement skills were noted in the December 14, 1998

article

Trial Judge of the Year, San Francisco, 1992

Lecturer, international, national, and local speaking engagements including topics related to class

actions, mediation, employment, arbitration, insurance, construction, ethics, law and motion

practice, expert witnesses, and clause drafting, among others

Former Member, Chief Justice Ronald George's Committee to revise the California Civil Jury

Instructions

Judicial Officer, San Francisco Bar Association Bench Bar Media Committee, 1991-2000

Former Member, Board of Directors, Association of Business Trial Lawyers, 1996-1998; (In

1994, Judge Cahill was chosen by the ABTL to be an instructor on settlements to both the United

States District Court, Northern California and the San Francisco Superior Court benches.)

Member, Litigation Section, Bar Association of San Francisco, 2000-present

"Reading the Room," ADR Profile, Daily Journal, October 16, 2015

Background and Education

Judge, San Francisco County Superior Court, 1991-2000

Partner, Bronson, Bronson & McKinnon, 1986-1991

J.D., Hastings College of Law, 1979

B.S., University of California at Berkeley, 1976

Disclaimer

This page is for general information purposes. JAMS makes no representations or warranties

regarding its accuracy or completeness. Interested persons should conduct their own research

regarding information on this website before deciding to use JAMS, including investigation and

research of JAMS neutrals. See More

Hon. William J. Cahill (Ret.), (Ret.) | JAMS Neutral | General Biography

Two Embarcadero Center Suite 1500 San Francisco, CA 94111 • T: 415-774-2615 • F: 415-982-5287 • www.jamsadr.com

Page 6 of 6

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AMBASSADOR DAVID L. CARDEN (Ret.)

 cardenldavid@gmail.com

PROFILE

I was the first resident United States Ambassador to the Association of South 

East Asian Nations (ASEAN), a ten-member multilateral organization whose 

members are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the 

Philippines, Singapore, Thailand and Vietnam. As the U.S. Ambassador, I was 

responsible for establishing the Mission and collaborating with the President 

and officials from the White House, Department of State, Department of 

Defense and other United States Governmental Agencies in formulating policy 

and conducting negotiations on a broad array of issues affecting South East Asia

and the United States. These issues included all aspects of our economic

engagement, including trade, the development of financial markets and 

products, tax policy, intellectual property protection, sustainable urban planning, 

development of the rule of law and combating corruption; managing traditional 

security risks arising from competing claims in the South China Sea and other 

border disputes; and addressing non-traditional security challenges such as 

pandemics, natural disasters, food security, water security, climate change, 

human and wildlife trafficking, human migration, ecosystem degradation, 

unsustainable exploitation of the ocean and inadequate educational and 

healthcare systems.

EMPLOYMENT EXPERIENCE

Mediator, (2018 to present)

• Focus on large, complex commercial disputes with focus on class action 

claims for securities fraud 

• Advise foreign governments on creating mediation programs

• Organize foreign mediators to mediate public interest disputes

Partner, Jones Day (2014-2018)

• Partner-in-Charge, Asia (2014-15)

• Attention to the Firm’s long-term strategic engagement in Asia

• Advising clients on global risk

• Advising clients on developing strategies for engaging foreign markets

United States Ambassador to the Association of Southeast Asia Nations 

(ASEAN) (2011- 2013)

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• Adopted a systemic, interdisciplinary approach to the United States' 

engagement in the Region

• Built alliances for development and change among government 

officials, diplomats, businesses, and NGOs across a wide range of 

sectors

• Led United States Delegations in multilateral Ministerial meetings; 

advisor to the President, including appearing with him at three U.S.-

ASEAN Leaders' Summits and three East Asia Summits

• Conducted negotiations on matters within the responsibilities of the 

Mission

• Spoke on all of the topics that comprised the ASEAN agenda in 

numerous public and private fora

Partner, Jones Day (1990 - 2010)

• Partner and Co-Chair of the Firm's International Securities Litigation 

& SEC Enforcement Practice

• Chair of the New York Litigation Department, which included the 

office's Intellectual Property and Labor Practices

• Representation of financial services firms and other corporate clients 

in major litigation such as the Enron and Lehman bankruptcies

• Litigated matters and conducted investigations in numerous foreign 

countries, including the United Kingdom, France, Switzerland, 

Luxembourg, the Netherland Antilles, Barbados, Italy, Singapore, 

Indonesia, China, Saudi Arabia, Syria and Lebanon

• Mediations of major matters alleging securities fraud. 

Partner, Coffield, Ungaretti, Harris & Slavin (1980 - 1990)

Associate, Kirkland & Ellis (1977 - 1981)

BOARD AND COMMITTEE MEMBERSHIPS

• Board Member, Weinstein International Foundation

• Chair of Advisory Board, Center for Rural Engagement, Indiana

• University Board of Visitors, Indiana University School of Law.

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AWARDS, RECOGNITIONS, NOTABLE PUBLIC SPEAKING

ENGAGEMENTS

• Superior Honor Award, presented by the U.S. Department of State in

• recognition of sustained extraordinary performance (2013)

• Chambers, New York Super Lawyers

• Recognition in the New York Times "Super Lawyer Section" for the 

defense of securities fraud litigation

• Lawdragon list of "100 Lawyers You Need to Know in Securities 

Litigation"

• Thomas Hart Benton Mural Medallion (2014)

• Indiana University Maurer School of Law's Academy of Law Alumni 

Fellow (2016)

• Commencement Speaker, Indiana University (2012) and Indiana 

University

• Commencement Speaker, Indiana University (2012) and Indiana 

University School of Law (2012)

• More than one thousand speaking engagements and appearances as 

U.S. Ambassador on all aspects of the ASEAN agenda, including at 

business summits, universities, Bloomberg News, CNBC, corporate 

boards, think tanks and NGOs

• Numerous post-Ambassador speaking engagements and television 

appearances

• Practitioner Residencies, The Rockefeller Foundation Bellagio Center 

(2015, 2016 and 2023)

REPRESENTATIVE MEDIATIONS

Class action against a transportation-as-a-service company (TaaS) for alleged 

misstatements in a registration statement;

Receiver, class action and multiple individual claims brought for aiding and 

abetting against a major accounting firm arising out of securities fraud violations 

by an investment fund manager;

Class action and multiple related derivative cases alleging securities fraud against a 

shipping company arising out of a failure to disclose risks associated with business 

operations and threats to the defendant’s future business; 

Claims brought against a major US bank alleging aiding and abetting fraud; 

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Class action and multiple opt out claims against a pharmaceutical company 

asserting securities fraud violations due to alleged failure to disclose a material 

foreign tax liability; 

Class action for securities fraud against a major transport and logistics company; 

Class action and related derivatives actions against a major consumer products 

company alleging failure to disclose alleged risks and accounting irregularities in 

connection with a merger;

Class action against a major foreign energy firm alleging mismanagement and 

failure to disclose cost overruns and other challenges associated with construction 

of a refinery;

Consumer fraud class action against a foreign health product company;

Securities fraud class action and multiple opt out claims against a pharmaceutical 

company for alleged misrepresentations and failure to disclose material matters; 

Class action and multiple individual and group securities fraud claims brought 

against a venture capital firm as owner of an operating company accused of price 

fixing;

Class and opt out claims against major accounting firm for aiding and abetting 

securities fraud; 

Claims based on fraud and theft of intellectual property and trade secrets against a 

pharmaceutical company;

Fraud claims against a major foreign agricultural firm for breach of contract;

Claims brought against a former President of a foreign country for alleged 

malfeasance during his term in office;

Personal injury action against the federal government and multiple corporate 

defendants;

Claim for the return of a major work of art;

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Claim against an internet service for interference with prospective business 

advantage; 

Claim for wrongful termination against a major consumer products retailer.

SELECTED PUBLICATIONS

Carden, D.L. Mapping ASEAN, Achieving Peace, Prosperity and Sustainability

in Southeast Asia. Bloomington, IN: Indiana University Press, Fall 2019

A Geological Basis for Making Territorial Claims? 

(Satire)http://www.fletcherforum.org/home/2023/4/25/a-geological-basis-formaking-territorial-claims 

Republican Theocrats Threaten America at Home and 

Abroadhttp://www.fletcherforum.org/home/2023/4/12/republican-theocratsthreaten-america-at-home-and-abroad

A Land for Peace Settlement in Ukraine: Is It Time to Think About 

It?http://www.fletcherforum.org/home/2022/11/2/a-land-for-peace-settlementin-ukraine-is-it-time-to-think-about-it

Beyond Ceasefires: using Private Mediators to Resolve Stalemated 

Conflictshttps://sr.sgpp.ac.id/post/beyond-ceasefires-using-private-mediatorsto-resolve-stalemated-civil-conflicts

Putin’s Wars on Rationality and 

Globalizationhttp://www.fletcherforum.org/home/2022/9/5/putins-wars-onrationality-and-globalization

Domestic Policy is Foreign Policy: Wage Stagnation and Income Inequality 

Threaten America’s Leadership Abroadhttps://saisreview.sais.jhu.edu/domesticpolicy-threatens-americas-leadership-abroad/

We All Are Ukrainians,https://saisreview.sais.jhu.edu/we-all-are-ukrainians/

To Save Democracy, America Needs a Mandatory Public Service Program, 

https://foreignpolicy.com/2021/10/31/us-democracy-mandatory-public-serviceprogram-political-divides/

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Concepts of ownership shouldn’t apply to the Parthenon Marbles, 

https://www.ekathimerini.com/culture/1167433/concepts-of-ownership-shouldnt-apply-to-the-parthenon-marbles/

Finding Common Ground: The Effect of Geography on Domestic and Foreign 

Policy, https://saisreview.sais.jhu.edu/finding-common-ground/, 2021 

To Pay for the Pandemic, Dry Out the Tax Havens, 

https://foreignpolicy.com/2020/07/16/tax-havens-apple-costs-pandemic/, 2020

My solution to the Parthenon marbles row: a museum for the 21st century, The 

Guardian, 2020

From climate change to coronavirus, complex adaptive systems thinking is the 

key to handling crises, South China Morning Post, 2020.

Why We Need a New Approach to North Korea, Politico, 2019

Why Asian Trade is a National Security Issue, Politico, 2015.

ASEAN’s Sustainable Future: Science and Technology. Strategic Review 5(4): 

12-24. Carden D.L. and M.J. Pongsiri. 2015.

The Challenges for ASEAN’s Next Generation. Strategic Review. Carden D.L. 

April-June 2014.

ASEAN, Multilateralism, and the Future of US Diplomacy in Asia. The 

Ambassadors Review. Carden D.L. Fall 2012.

Renewed Focus on Asia: An Interview with David Carden, Former U.S.

Ambassador to ASEAN.” Yale Journal of International Affairs, Volume 10,

2016. 

EDUCATION

Indiana University School of Law (1976), Order of the Coif.

DePauw University (1973) B.A., Political Philosophy. Phi Beta Kappa.

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MICHAEL D. COOPER, ESQ.

Mediator

Prominent bankruptcy attorney, Michael D. Cooper, Esq., provides mediation services that are 

strengthened by his decades of experience as an attorney handling complex bankruptcy and commercial 

law matters, including the representation of debtors, creditors and trustees in insolvency, workouts and 

bankruptcy cases.

As a recognized expert in the field, Mr. Cooper served on the State Bar Consulting Group that established 

certification procedures for bankruptcy specialists in California. He has been active in committees charged 

with consulting and drafting several sets of guidelines for rules and procedures related to bankruptcy law 

for the United States Bankruptcy Court, Northern District of California. In recognition of his contributions 

to the law, he has been selected by his peers for inclusion in The Best Lawyers in America® in the areas of 

Bankruptcy and Creditor/Debtor Rights/Insolvency, and Reorganization Law and Bankruptcy Litigation.

Since 1995, Mr. Cooper has drawn upon his substantive knowledge and expertise to successfully mediate 

and resolve bankruptcy and commercial law disputes involving a myriad of contract, commercial and other 

business matters. He was appointed by the United States Bankruptcy Court as a Resolution Advocate for 

its Bankruptcy Dispute Resolution Program, and he has successfully mediated more than 125 matters 

through this program. He is known for his flexible approach to mediation, marked by extensive 

preparation and follow up, effective listening, and a strong focus on the needs of the parties. His expertise 

in evaluating the technical and complex legal issues involved in bankruptcy disputes is instrumental in 

overcoming the stumbling blocks to settlement and has led to the successful resolution of numerous 

business and commercial law disputes.

AREAS OF SPECIALIZATION

 Bankruptcy and Commercial Law

Specialization in Chapter 11 reorganization, Chapter 7 liquidation, representing debtors, creditors 

and trustees. Representative cases involve all aspects of Commercial Law and Real Estate Law.

 Representation of State Court Receivers and other Fiduciaries

PROFESSIONAL EXPERIENCE

 Wendel Rosen LLP

Mr. Cooper served for 30 years as a partner in the firm’s insolvency and restructuring practice 

group. He represented debtors, trustees, and creditors in insolvency, workouts and bankruptcy 

matters. He has also represented receivers and other fiduciaries is state court litigation.

AWARDS/RECOGNITION

 Selected by his peers for inclusion in The Best Lawyers in America® in two practice areas:

o Bankruptcy and Creditor Debtor Rights/Insolvency, 2008-2019

o Reorganization Law and Bankruptcy Litigation, 2008-2019

 Selected for inclusion in Northern California Super Lawyers magazine, 2004-2020

 AV® PreeminentTM rated by Martindale-Hubbell

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Michael D. Cooper, Esq.

Page 2 of 4

PROFESSIONAL AFFILIATIONS

Bay Area Bankruptcy Forum: 

 Board of Directors, 1994 to 2000

 Member since inception

Bar Association of San Francisco

 Commercial Law and Bankruptcy Section

 AIDS Legal Referral Panel, Pro Bono Representation

Alameda County Bar Association

 Commercial Law and Bankruptcy Section, Executive Committee Member and Former Chair

 Voluntary Legal Services Bureau of Alameda County (pro bono representation of indigent clients 

in bankruptcy matters)

 Lawyers in the Library Program (counsel indigent clients in consumer matters)

Bankruptcy Dispute Resolution Program

 Resolution Advocate since 1995

State Bar of California

 Personal and Small Business Bankruptcy Law Advisory Commission, Chair 1995 to 1996, Vice Chair 

1994-1995

 Bankruptcy Law Consulting Group, Member, 1989-1992

Court Appointed Special Committees

 Committee of Lawyer Representatives of the Northern District of California to the Ninth Circuit, 

Member 2000-2003

 Lawyer Representatives of the United States Bankruptcy Court for the Northern District of 

California, Former Committee Member and Chair

 Drafting committee member for General Order No. 12 - Adoption of Dispute Resolution 

Procedures for Bankruptcy Cases and Adversary Proceedings, United States Bankruptcy Court,

Northern District of California, 1993-1994

 Rules subcommittee member to revise bankruptcy rules for the Northern District of California, 

1991-1992

 Bankruptcy Committee to Establish Guidelines for the U.S. Trustee in Bankruptcy Cases for 

Northern California and Nevada, 1988-1990

 Bankruptcy Court Automation Committee for the Northern District of California, Former Member 

California Receivership Forum

 Member of Bay Area Chapter

SPEAKING AND TEACHING

 Bay Area Bankruptcy Forum Panelist

 PESI Ninth Circuit Bankruptcy Symposium, Panelist, 1993

 Pacific Bankruptcy Law Institute, Faculty Member, 1991

 CPA Associations, Lecturer

 Bay Area Legal Secretaries’ Forum, Lecturer

 Other civic and professional organizations

PUBLICATIONS

 “Asset Protection Planning – An Overview,” Fall 2006

EDUCATION

 University of San Francisco, J.D.

 San Francisco State University, B.A.

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Michael D. Cooper, Esq.

Page 3 of 4

ADMISSIONS

 State Bar of California

 United States District Court; Northern, Southern, Eastern and Central Districts of California

 United States Court of Appeals, Ninth Circuit

 United States Supreme Court

REPRESENTATIVE MATTERS

Mediation Matters:

 Appointment approved by the U.S. Bankruptcy Court to mediate disputes in the PG&E bankruptcy 

case.

 Mediated a procedural dispute involving both a bankruptcy case and state court action relating 

to a municipality’s eminent domain claims.

 Resolved a six-figure dispute in an adversary proceeding in bankruptcy court involving issues of 

alleged fiduciary fraud, injury to property and the dischargeability of debt.

 Mediated a multiparty, pre-litigation dispute involving ownership of trust assets valued in the 

seven figures. The parties reached a settlement shortly after conclusion of the mediation, which 

allowed them to avoid litigation.

 Mediated a dispute between multiple parties involving four active lawsuits in both federal and 

state courts. The lawsuits involved alleged fraudulent conveyances and willful injury to property. 

The settlement resulted in a dismissal of all the pending litigation and mutual releases of the 

multiple claims between the parties.

 Mediated a dispute relating to a development project on multi-acre property on Cannery Row in 

Monterey between the owners and lien holders.

 Mediated a dispute in the bankruptcy of a prominent San Francisco law firm that had filed Chapter

11 bankruptcy. The issues involved the recovery of payments made to over 50 of the firm’s 

attorneys. The parties settled shortly after the mediation.

 Mediated a twelve-year dispute relating to 6,000 acres of rural land in Santa Clara and Santa Cruz 

Counties valued in excess of $50 million. The issues involved ownership, foreclosures, 

development and bankruptcy.

 Mediated a dispute of multiple issues over three sessions between a bankruptcy debtor and 

numerous creditors relating to real estate, lien properties and claims for personal injuries. The 

settlement was approved by the Bankruptcy Court and the debtor was able to confirm a Chapter

11 reorganization plan.

Attorney Matters:

 Represented all types of business entities in Chapter 7 liquidation bankruptcies, involving real 

estate and contract disputes.

 Represented state court appointed receivers involving partnership disputes, real estate, and 

commercial law issues.

 Represented prominent San Francisco based landlord in major, national bankruptcy cases.

 Represented debtor in a Chapter 11 bankruptcy preventing foreclosure of a multi-million dollar 

residence in Pacific Heights.

 Represented a public utility in various matters involving its regulatory claims against rate payers.

 Represented local pizza chain in debt workout, involving landlord/tenant issues.

 Represented major steel company in Chapter 11 reorganization, involving regulatory and 

commercial law issues.

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Michael D. Cooper, Esq.

Page 4 of 4

 Represented prominent San Francisco based landlord in major bankruptcy cases involving client’s 

tenants.

 Represented prominent general contractor in out-of-court workout.

 Represented major local port in its claims large national entity that filed bankruptcy.

 Represented a computer technology company in an out-of-court debt workout.

 Represented the major shareholder of sporting goods conglomerate in excess of $100M in debt 

owed to one the largest international banks. Briefs filed with the United States Supreme Court, 

which denied a hearing to the bank.

 Represented a professional football player in a contested bankruptcy case.

 Represented a prominent entertainer in a Chapter 11 reorganization.

 Represented debtors, creditors, and trustees in bankruptcy cases.

 Represented state court receivers in actions involving automobile dealerships and other 

businesses involving a multitude of legal issues, including partnership disputes, real estate and 

commercial matters

EXPERT WITNESS MATTERS

 Retained as consultant and expert witness in federal and state court litigation on bankruptcy, 

commercial law and professional negligence issues.

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4/6/23, 2:26 PM Lizbeth Hasse, Esq., FCIArb, JAMS Mediator and Arbitrator

https://www.jamsadr.com/hasse/ 1/10

Lizbeth Hasse, Esq., FCIArb

JAMS Mediator, Arbitrator and Referee/Special Master

Contact Information

Aimee Hwang

Two Embarcadero Center Suite 1500

San Francisco, CA 94111

T: 415-774-2607

F: 415-982-5287

Lizbeth Hasse has served as mediator, arbitrator, negotiator, or special master since 1998 in over 1,000

matters in the United States as well as internationally. Bringing 30+ years of international experience in

the fields of intellectual property, business operations, entertainment and media, and technology law, Ms.

Hasse has proven sophistication to manage a wide range of disputes.

Ms. Hasse is best known for her commitment to the process and its participants. Her resourceful insights,

tenacity, intellectual acumen, and masterful communication skills enable her to resolve high stakes and

multi-party cases involving highly talented lawyers and their clients. Ms. Hasse is also a mentor to new

mediators and frequently speaks and writes about mediation and intellectual property.

Representative Matters

Settlement master since 2007, for highest grossing US rock band

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Part of team that settled numerous banking and financial institution actions arising out of Enron

collapse

Part of team that designed processes and settled multiple antitrust/practice fixing cases in the

DRAM, SRAM, LCD, and other multinational competition matters

Part of a team that resolved class action and other cases in the Adelphia bankruptcy

Mediated and managed process for landmark environmental case involving indigenous Peruvian

Amazon communities versus a major petro-chemical company

Mediated several complex securities cases following public offerings of high valued Chinese energy

and resources companies

Structured process and helped resolve major copyright termination, copyright infringement, and

related rights of motion picture studios and content originators and estates

Mediated high-value technology development and licensing cases involving university technology

exchange and private industry

Neutral evaluator for trademark dispute involving major technology mark

Mediated numerous trademark actions involving disruptive or evolving technology and rightsholders in the music, video, and gaming industries

Negotiation of high tech-venture involving governmental and private interests in West Africa

USAID evaluator and designer of rule of law, judicial, and legal reform projects in Central Asia and

Eastern and Central European countries

Representative Matters

Antitrust

Large complex actions involving price fixing and anti-competitive allegations in SRAM,

DRAM, LCD, egg distribution, and health care industries

Board Governance

Variety of board disputes and dysfunctional situations for non-profit and profit entities;

board governance reform in corporate derivative actions; structuring of mergers of large

charitable organizations

Business Commercial

High-value merger and investor disputes; breach of buy-sell agreements in ongoing

business relations; joint agency dispute; back-dating options actions; attorneys’ fee

arbitrations; partnership and joint venture disputes and dissolutions; broker disputes;

disputes between private equity firms and major bank; wide variety of business contract

and licensing disputes; lender liability actions

Class Action and Mass Tort

Institutional lender-borrower class actions; high value DRAM anti-trust claims involving

private and governmental plaintiffs; class certification issues; federal securities and

common law fraud; multiple carrier insurance coverage issues in class action resolutions;

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big pharma securities fraud class; consumer products and consumer fraud class actions;

financial entities and fraudulent reporting; consumer class actions involving statutory

penalties that would potentially bankrupt company

Employment

Sexual discrimination cases; statutory wage and benefits class actions; employee and

customer raiding; employee and company trade secret issues; founder and executive

employment termination

Entertainment and Sports

Disputes between artists and distributors over music rights; film property and publishing

royalty disputes; file-sharing (“peer to peer”) copyright actions; pre-filing resolution in

production and talent matters; defamation involving high profile individuals; “idea theft;”

misappropriation and production disputes; distribution rights disputes; arbitrations of

rights between motion picture co-producers; rights of publicity; major boxing promotion

disputes; sports merchandising disputes; arbitration of rights involving film distribution;

copyright termination matters

Environmental

Resolution of actions involving environmental activist organization plaintiffs; private

action toxic pollution claims; water bank disputes involving countries and private owners;

resolution of environmental remediation claims requiring complex long-term settlement

structure; multinational disputes in extractive industries; environmental cases involving

indigenous populations; California Environmental Quality Act (CEQA) challenges; actions

relating to county implementation of general plan and EIR

Insurance Coverage

Numerous cases on inconsistencies/differences in policy language between layers of

insurance coverage; coverage issues in IP cases; coverage dispute involving broker

malpractice allegations; insurance and reinsurance coverage disputes

Intellectual Property

High tech, software and hardware, patent and copyright infringement; trademark

infringement claims by multinational companies; patent and licensing disputes; patent

infringement involving data privacy and encryption; fashion design misappropriation;

secondary liability in online copyright infringement; video game licensing dispute;

copyright termination issues; Fair Use; university/researcher IP and patent ownership

issues; joint venture IP ownership disputes

International & Cross-Border

Complex disputes in business commercial, intellectual property, and environmental

disputes between business partners, local communities, indigenous populations and

quasi-governmental bodies; experience in Africa, Europe, Central Europe, and Central

Asia

Nonprofit/Education

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Alleged discrimination in public school system; dispute between nonprofits over donors;

nonprofits’ mergers; issues between founder of charity and non-profit board; facilitation

of board and constituent issues for nonprofits; disputes between major private

universities and foundations; disputes between public universities and pension fund

fiduciary

Personal Injury Torts

Successfully mediated a variety of disputes including wrongful death, medical

malpractice, emotional distress, defamation and trade libel matters; cases involving longterm health effects resulting from severe personal injury

Professional Liability

Accounting negligence in bet-the-company litigation; attorney malpractice in complex IP

rights matters; attorney negligence in large damages actions

Securities

Acquisition of company and stock trade resolution; cases with a variety of stock-drop

Dura class action analyses; restatement, securities fraud and/or §11 cases at different

stages of litigation; control person liability; resolution of derivative actions involving

governance and fee/cost negotiations; settlement of China reverse-merger actions;

mortgage-backed securities litigation; multiple securities class actions

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Fellow, Chartered Institute of Arbitrators, London

Fulbright Fellow, Paris, France; Legal Scholar in comparative law

Selected Member, The Masters Forum of the Straus Institute for Dispute Resolution, Pepperdine

University

Certified by United Nations in Civilian Personnel of Peace-Keeping, Mediators and Election

Monitoring at International Faculty of Scuola Superiore Sant’Anna, (Advanced Studies in Human

Rights and Conflict Management), Pisa, Italy

Panelist, AIPLA (American Intellectual Property Law Association) ADR Neutral Registry

Panelist, Arts Arbitration and Mediation Services, San Francisco

Panelist, Bar Association of San Francisco, Qualified Mediator Panel and Trainer of Mediators

Member, American Bar Association – Intellectual Property and Dispute Resolution Sections

Member, California Bar Association – Intellectual Property, Litigation, Dispute Resolution, and

International Law sections

Member, San Francisco Intellectual Property Association; Women’s Intellectual Property Law

Association

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Visiting Professor, University of California Berkeley, American University School of Law, Yerevan,

Armenia; University of Paris V Faculty of Law, France; Indonesian State University at Denpasar Law

Facility, Intellectual Property, Civil Law, Comparative Law, Dispute Resolution, Media Law and Legal

Theory

Member, Boards of Directors: Heart-to-Heart International Children’s Medical Alliance; Track Two

Center for Diplomacy; the Russian-American Center; Founding Board of the Edible Schoolyard,

Berkeley, CA; Trustee: Presidio Graduate School, San Francisco, CA

Background and Education

Founding Partner, Creative Industry Law, San Francisco

Coudert Brothers LLP, 2002-2004

Hasse Molesky LLP 1987-2002

Steinhart & Falconer LLP, 1984-1986

Heller Ehrman, White & McAuliffe LLP, 1982-1984

J.D., University of California, Berkeley School of Law (formerly Boalt Hall School of Law), 1982

M.A., Jurisprudence and Social Policy, University of California, Berkeley, 1982

B.A., magna cum laude, Wesleyan University, Highest Honors in Linguistics, 1977

On parle francais

"Thank you again Liz – we very much appreciate your guidance and persistence yesterday. I will

make sure others in our firm know your outstanding mediation skills."

–Partner, Nationwide Law Firm

"From my perspective, you handled this brilliantly. [Client] told me the same. You were dealing with

a really weird situation and a group with mixed (to put it mildly) ranges of experience. That you

were able to come up with the idea for an unusual resolution structure, and then sell everyone in

the group on it, was amazing [...] [Client] was extremely impressed by you and said he would use

you again in a heartbeat."

–Major Class Action Attorney, Nationwide Firm Representing Plaintiffs and Defendants

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“Thank you Liz. As I mentioned, your preparation and your personal persistence and patience in

assisting us get to a resolution...was much appreciated. Thank you again for your efforts.”

–Partner, International Law Firm

“I think all the credit goes to Liz on this one. Without her amazing efforts this would not have

happened.”

–International Human Rights Attorney

“Thank you for your work on this case and for your thoughtful handling of my client. I hope to work

with you again in the future.”

–Bay Area Attorney

“[Ms. Hasse’s] guidance during the mediation was extremely helpful... look forward to working with

[her] again.”

- Partner, International Law Firm

“Signed, sealed, and delivered. You're my hero, Liz. Can't thank you enough for your hard work on

this.”

– Partner, Bi-coastal Litigation Firm

“I wanted to let you know that, with your assistance, we reached an agreement in principle to

settle... Your help was invaluable. Thank you very much.”

–New York City Attorney

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HOME OFFICE

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Two Embarcadero Center, Suite 1500, San Francisco, CA 94111

415-982-5267 Contact Us

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AVAILABLE TO TRAVEL

NEWS

Breaking the Bias in International Arbitration: Party Autonomy and the Opportunity to Diversify

March 8, 2022

Trade secrets troubles are well-suited for early mediation

August 17, 2016

When IP Settlements Create Antitrust Headaches

March 21, 2016

IP Matters,Fall 2015

Fall 2015

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213-620-1133 Contact Us

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Past Events

CIArb Mediation Symposium 2022

Copyright Society of the USA Annual Mid-Winter Meeting

Intellectual Property Disputes and Artists as Clients

JAMS Mediation Week 2015 - San Francisco

JAMS Mediation Week | October 12-18, 2015

Disclaimer

This page is for general information purposes. JAMS makes no representations or warranties

regarding its accuracy or completeness. Interested persons should conduct their own research

regarding information on this website before deciding to use JAMS, including investigation and

research of JAMS neutrals. See More

October 4-6, 2022

February 1 - 3, 2018

September 30, 2016

October 20, 2015

October 12-18, 2015

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FRED HOLDEN 

Attorney and Mediator

Early in my career as a litigator at Brobeck, Phleger & Harrison LLP, I 

observed that my clients generally received the highest net value when 

settlement was explored early. I also noted that the US bankruptcy law was 

well designed to enable claims to be settled and paid efficiently. To further th

value I saw in settlements, I designed and taught a training program on 

settlement strategy and tactics for all types of civil litigation. And, as a thirdyear associate, I started the first corporate bankruptcy specialty practice in Sa

Francisco’s largest law firms (Brobeck then being the second largest

During my 29 years at Brobeck, and an additional 15 at Orrick, Herrington & 

Sutcliffe LLP, I represented in bankruptcy matters countless companies, banks 

and funds as creditors; numerous public and private companies as debtors; 

trustees; official committees of creditors, retirees and shareholders; and eve

one official committee of minority shareholders

I also continued my focus on the settlement process. In 1984, the California 

State Bar Board of Governors awarded me a commendation for a settlement I 

negotiated, pro bono, on behalf of thousands of farm workers, in class actions 

against large growers threatening bankruptcy to avoid improving working 

conditions. 

While I was with Orrick and Brobeck, each had a very large and nationally 

prominent securities litigation practice. Securities issues were therefore often 

at the heart of the bankruptcy matters I handled. At Orrick, I was the lead 

partner in advising boards of directors regarding their duties, when their 

corporation was or might be insolvent. On behalf of venture capital funds 

whose officers served as directors, and on behalf of trustees in other matters, 

led litigation in the U.S. Bankruptcy Courts in California and Delaware (and 

in related appeals), and coordinated litigation in foreign countries, concerning 

the fiduciary duties of officers and directo

As a partner at Orrick and Brobeck, I handled mediation on behalf of parties 

in virtually every role in a bankruptcy and gave seminars on mediation’s 

usefulness in chapter 11 practice.

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FRED HOLDEN 

Attorney and Mediator

 

Although no longer a member of a multi-lawyer firm, I remain on essentiall

every US and worldwide list of the top bankruptcy and restructuring lawyers. 

I have also been ranked several times as among the top 100 lawyers in 

Northern California, regardless of specialty, and I am a Fellow Emeritus in the 

American College of Bankruptcy. 

I have led seminars sponsored by the American Bar Association, International 

Bar Association, American College of Bankruptcy, National Conference of 

Bankruptcy Judges, California State Bar, Bar Association of San Francisco, 

Bay Area Bankruptcy Forum, INSOL, Turnaround Management Association, 

California Continuing Education of the Bar, California Receivers Forum, 

Banking Law Institute, Practising Law Institute, and numerous universities, 

including annual lectures for many years at the UC Berkeley Haas School of 

Business.

B.A. with High Honors, University of California, Santa Barbara, 1971

J.D., University of California, Davis School of Law, 1974 

Managing Editor of UC Davis Law Review 

Instructor in Legal Writing and Research

Frederick D. Holden, Jr. 

fredholdenjr@gmail.com 

415-307-6881

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HON. RANDALL J. NEWSOME (RET.)

Randall Newsome ADR and Consulting LLC

10770 Cement Hill Rd., Nevada City, CA 95959

randall@randallnewsomeadr.com | 510-612-7772

BIOGRAPHY

Hon. Randall J. Newsome (Ret.) was born in Dayton, Ohio on July 13, 1950. He was a judicial 

law clerk for U.S. District Judge Carl B. Rubin from 1975-77. He practiced labor law and insurance 

coverage litigation at Dinsmore & Shohl from 1978 to 1982. 

From 1982 until 1988 he was a United States Bankruptcy Judge for the Southern District of Ohio 

in Cincinnati. He was reappointed as a bankruptcy judge in the Northern District of California in 

Oakland in 1988 and was Chief Judge of that court from 2004 until his retirement in 2010. He 

served as a visiting judge in the bankruptcy courts of the District of Arizona, Central District of 

California, the District of Nevada, and the Western District of Washington. He also served as a 

visiting judge in the District of Delaware from April of 2001 until January 1, 2004, where his work 

included overseeing five asbestos-related mass tort chapter 11 cases. 

In January of 2011 he joined JAMS, the largest alternative dispute resolution firm in the country. 

He launched Randall Newsome ADR and Consulting LLC in January of 2022.

ADR Experience and Qualifications

• Mediated more than 200 disputes while acting as a settlement judge

• Mediated over 150 disputes while serving as a neutral for JAMS and then at Randall 

Newsome ADR and Consulting LLC

• Experienced at mediating and serving as a neutral in high profile cases, such as the 

2003 bankruptcy of Pacific Gas & Electric Company and the 2019 bankruptcy of 

PG&E, where he served the as court-appointed mediator.

Representative Matters Successfully Concluded

Business and Contract Disputes 

• A contract dispute between a French wine producer and a U.S. distributor.

• Alleged fraudulent transfer involving an NYSE-listed software company and 

parties involved in an assignment for the benefit of creditors.

• A dispute between the principals of major restaurant chains and their main creditor, 

resulting not only in the resolution of the issues, but the sale of the chains to a 

Canadian buyer.

• A dispute between two law firms involving allegations of fraudulent transfers 

following failed merger discussions.

• Allegations of breach of an acquisition contract concerning a software company in 

which the principals alleged that the purchase price was not fully paid.

• A securities class action involving allegations of stock manipulation, omissions 

and misrepresentations under Rule 10b-5 and Section 20(d) by a publicly held 

company.

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Sports and Entertainment

• A dispute between creditors and the officers and directors of a film animation 

studio.

• A dispute between a production company and a German hedge fund over the video 

game rights for a major movie franchise.

• Hundreds of millions of dollars in disputes involving dozens of secured and 

unsecured creditors and a debtor entertainment company, which provided the 

framework for a confirmed chapter 11 plan.

• Disputes involving financially troubled golf courses and country clubs.

Health Care

• Allegations of fraud against the owner of small hospital in a rural community.

• Disputes arising out of the sale of one of the largest hospitals to file for bankruptcy.

• Disputes arising out of the liquidation of a large Los Angeles hospital.

Insurance

• Long-pending suit brought by a mortgage company against its former principal 

seeking to collect on a directors and officers insurance policy

• Claims against a principal of a manufacturer implicating D&O policy

• Multi-million dollar dispute implicating fidelity insurance policies arising out of 

the conduct of a bank vice president

• A dispute regarding premiums owed by an insured to a workers compensation 

insurer.

Honors, Memberships and Professional Activities

• Fellow, American College of Bankruptcy

• Member, American Law Institute

• Lecturer, Federal Judicial Center, 1986-2010. Taught bankruptcy jurisdiction to 

newly-appointed U.S. District Court judges from 1994-2010

• President, National Conference of Bankruptcy Judges, 1999

• Served on the faculty of numerous bankruptcy educational programs for ALI-ABA, 

NCBJ, Practicing Law Institute, Midwest Bankruptcy Institute, American Insolvency 

and Restructuring Advisors, and many others.

Education

• J.D., University of Cincinnati College of Law, 1975

• B.A., summa cum laude, Boston University, 1972

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HON. WINIFRED Y. SMITH (RET.)

Available for Mediations, Arbitrations, Discovery and 

Judicial References

www.adrservices.com

The Honorable Winifred Y. Smith (Ret.) comes to ADR Services, Inc. with 21 years of 

experience as a Judge of the Alameda County Superior Court and 26 years as Deputy 

Attorney General in the California Attorney General’s Office. During her tenure on the 

bench, Judge Smith presided over civil law and motion, civil direct, and complex litigation 

matters. She was also an integral member of court leadership, having served as a 

member of the Judicial Council, Supervising Judge of multiple courthouses, Supervising 

Judge of the court’s Civil Division, and later as Presiding Judge.

Judge Smith has extensive experience in a variety of civil cases, including coordinated 

cases, class actions, employment, construction defect, and Proposition 65 matters, and 

has presided over many cases presenting questions of first impression. In her 13 years 

serving in civil assignments, Judge Smith presided over nearly 100 cases to verdict,

including a Product Liability/Complex Litigation case which resulted in the largest civil 

award in California’s history. She has been affirmed in 95% of her cases on appeal. In 

addition, Judge Smith served as a Justice Pro Tem for the California Court of Appeal, 

First Appellate District, Division Four.

Prior to her appointment to the bench, Judge Smith worked as a Deputy Attorney General 

with the California Department of Justice’s Office of the Attorney General. During her 

tenure there, her assignments included working in the OAG’s Health, Education, and 

Welfare Section representing state agencies. 

Judge Smith is widely respected for her judicial demeanor and ability to deftly manage 

complex matters to resolution. She has been honored by many legal organizations for her 

commitment to judicial excellence, including being twice named Jurist of Distinction by 

the Women Lawyers of Alameda County and as Trial Judge of the Year by the American 

Board of Trial Advocates (ABOTA) in 2021.She has been invited to speak on numerous 

panels to offer her legal expertise and is currently a lecturer at Berkeley Law teaching 

Civil Trial Practice. 

JUDICIAL EXPERIENCE

Alameda County Superior Court

Civil Complex Litigation 2016-2021

Presiding Judge 2014-2015

Assistant Presiding Judge 2012-2014

Felony Criminal Assignment 2012-2014

Supervising Judge of Civil Division 2010-2012

Civil Direct Calendar 2007-2012

Civil Law and Motion 2006-2007

Supervising Judge 2004-2005

Wiley W. Manuel Courthouse

Allen E. Broussard Justice Center

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Felony Arraignments 2004-2005

Juvenile Court 2002-2003

Misdemeanor Pre-Trial 2001

California Court of Appeal, First Appellate District

Associate Justice Pro Tem, Division Four 2018

HONORS AND AWARDS

Women Lawyers of Alameda County, Jurist of Distinction 2021

American Board of Trial Advocates, Trial Judge of the Year 2021

Women Lawyers of Alameda County, Jurist of Distinction 2014

California Association of Black Lawyers, Judicial Excellence Award 2013

Alameda County Bar Association, Distinguished Service Award 2010

Charles Houston Bar Association, Judge of the Year 2006

EDUCATION

J.D., Boston University School of Law 1974

B.A., Stanford University 1971

PROFESSIONAL AFFILIATIONS

Judicial Council of California 2008-2011

Consultant for Civil Proceedings Bench Book, CJER 2009-2010

Continuing Judicial Studies Committee, CJER 2007-2008

Judicial Council Access and Fairness Advisory Committee 2004-2007

Lawyer Delegate 1997-1999

Northern District of California

Ninth Circuit Court of Appeals

TEACHING EXPERIENCE

UC Berkeley, School of Law 2022

CJER Civil Experienced Primary Assignment Orientation 2021

CJER Complex Case Management and Trial 2021

BOARD AFFILIATIONS

Association of Business Trial Lawyers 2015-Present

Alameda County Bar Association, Volunteer Legal Services 2008-2014

David P. McCullum Youth Court 2003-2009

PROFESSIONAL MEMBERSHIPS

California Judges Association

Alameda County Bar Association

Women Lawyers of Alameda County

National Bar Association

California Association of Black Lawyers

Charles Houston Bar Association

Earl Warren Inn of Court

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REPRESENTATIVE CASE SUMMARIES

EMPLOYMENT

 Age discrimination case alleged against an insulation installment company under 

FEHA and under common law.

 Sex discrimination against major shipping company in which plaintiff alleged she 

was subject to a different standard for performance than her male colleagues. 

Case tried to verdict but settled before punitive damages phase of the trial.

 Discrimination alleged by professor seeking tenure.

 Plaintiff alleged wrongful termination from a medical center claiming that she was 

retaliated against for engaging in union activities.

 Plaintiff sued a university for wrongful termination from her position as an assistant 

professor when she failed to return to work after medical leave. The core issues in 

the case revolved around failure to achieve tenure and the status of her academic 

research. The case was tried to verdict and the Court of Appeal affirmed Judge 

Smith’s orders denying plaintiff's motion for reinstatement to her position as 

professor.

 Class action against a car manufacturer for racial bias on the production floor.

BUSINESS / CONTRACT

 Action for breach of contract, fraud and concealment following the sale of stock in 

a newspaper publishing corporation.

 Dispute over purported ownership of a nightclub. Plaintiff alleged defendant 

granted him half ownership in exchange for his capital investment then excluded 

him for ownership and management of the club.

 Action by a bank against a title company for negligence in managing an escrow to 

which the bank was not a party. The theory of liability was that the bank had a 

financial interest in the outcome of the escrow and was therefore owed a duty of 

care.

 Declaratory relief sought against homeowners’ association to determine that 

amendments to development’s covenants, conditions and restrictions deprived 

owners of significant property rights.

 Action involving a dispute over competing claims for the surplus proceeds from a 

foreclosure sale of a residence.

 A case resolving the disputed financial matters of a couple who broke their 

engagement. The Court of Appeal affirmed the order apportioning the various 

assets owned or controlled by the parties.

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PERSONAL INJURY

 During her tenure as a Direct Calendar judge, Judge Smith tried numerous 

personal injury cases ranging from catastrophic injuries to injuries sustained in 

motor vehicle and other accidents. 

 For five years, Judge Smith was one of two judges assigned to try asbestos cases 

filed in Alameda County. She tried over a dozen cases to verdict and managed 

hundreds more.

 In a bellwether trial, part of a larger coordinated matter assigned by the Judicial 

Council, a couple alleged that their use of a popular fertilizer resulted in their 

contracting non-Hodgkins lymphoma. The trial resulted in the largest personal 

injury award in the state of California.

 Action against tire manufacturer for strict product liability and negligence for failing 

to provide warnings about the danger of older tires.

 Action against an airport shuttle company for injuries sustained in transit to a local 

airport.

 Dispute involving whether an airline carrier was liable for the injuries of a TSA 

airport screener when screener carried an oversize bag.

CLASS ACTIONS

 Class action filed on behalf of over 80 thousand employees of a health care 

organization alleging that they were underpaid regularly and owed overtime wages 

due to the rounding of time entries when they clocked in and out of work.

 Consumer class action challenging wireless phone carrier’s policy of charging 

early termination fees to consumers for terminating service before defined contract 

periods expired.

 Class action seeking injunctive relief under the UCL against a health plan for failing 

to provide coverage for necessary mental health services.

 Representative action brought by plaintiffs against defendants for their 

participation in illegal internet payday loan practices.

 A class of retirees from employment at a university sued to determine if there is a 

legal duty on the governing body of the university to pay retroactive monthly 

retirement benefits for periods of time prior to the date on which a retirement plan

member submits a request for benefits under the plan. 

 Plaintiff class sought damages from company utilizing automated debt collection 

practices which caused financial harm.

 The class sought an order requiring national retail chain to provide seating at cash 

registers.

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 Class sought damages against major grocery store chain for misrepresenting the 

origin of the olives in the store label olive oil.

WAGE AND HOUR/ PRIVATE ATTORNEY GENERAL ACT (PAGA)

Judge Smith handled over 200 hundred Wage and Hour and/or PAGA cases during her 

tenure in a Complex Litigation assignment. For example:

 Employees sued national company providing helicopter emergency services for 

wage and hour and PAGA violations. After a phase 1 trial on whether certain Labor 

Code provisions exempted plaintiffs from meal and rest break requirements, the 

parties resolved the remaining liability issues for an award in excess of 100 million 

dollars.

 Wage and Hour and PAGA claims alleging failure to provide meal and rest breaks 

against:

o Fast food chain

o Chain of restaurants operating in Northern California 

o National chain of nutritional products stores

o Grocery store chain operating in northern and southern California

 Wage and Hour claims against a transportation company. The case raised issues 

of preemption by federal law because of the nature of the business.

COORDINATED PROCEEDINGS

During her years in a Complex Litigation assignment, the Chief Justice of the California 

Supreme Court appointed Judge Smith to manage a number of cases coordinated 

throughout the state as a single case. The following are examples:

 31,000 cases nationwide filed in California in which plaintiffs sued the 

manufacturer of a non-surgical birth control device for various injuries. Judge Smith 

oversaw the case from filing to resolution.

 Over 200 cases in which the plaintiffs sued the manufacturer of a national brand 

of fertilizer because it failed to warn that users may develop non-Hodgkins

lymphoma.

 Cases in Northern California filed on behalf of victims of clergy sex abuse.

 Cases alleging a cancer-causing ingredient in an over-the-counter medication

against manufacturer and retailers.

 Cases alleging fraud by payday lending institutions.

COMPLEX LITIGATION

 Plaintiff, representing a trust created in Bankruptcy Court, sued defendant, an 

insurance organization, seeking a declaration that defendant was responsible for 

the obligations of certain insolvent insurers. This case was litigated for over five

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years and went to the Court of Appeal twice. After phase 1 of the trial which 

addressed the scope of defendant’s potential liability, the parties resolved how the 

defendant insurance organization would participate in future litigation stemming 

from the trust.

 Case resolved two related issues: (1) was the defendant university authorized to 

enter into contracts for certain benefits for retirees, and (2) whether it had entered 

into an implied contract to provide those benefits to the retirees.

 Plaintiffs filed a petition for writ of mandate and complaint for declaratory and 

injunctive relief seeking to enforce the due process rights of criminal defendants 

declared incompetent to stand trial under the US constitution to timely treatment 

to restore them to competency so that they may proceed to trial.

PROPOSITION 65

 Action against manufacturer of energy drinks alleging lead in excess of the 

permitted limits.

 Action against national retail chain to warn of toxic components in accessories sold 

in the stores.

 Action against manufacturer of energy drinks to warn of alcohol in excess of 

permitted limits.

 Action against manufacturer of uniforms to warn of chemicals used to treat fabric

used to make the uniforms.

LEGAL MALPRACTICE

 Plaintiff asserted defendant pressured her into agreeing to a settlement of her 

claims against a non-profit organization and several governmental agencies and 

that defendant dismissed her lawsuit without authorization. The underlying lawsuit 

alleged that defendants intentionally thwarted her efforts to establish a facility for 

disabled children.

 This malpractice suit followed a probate action in which the defendant drafted a 

trust to effect the disposition of a client’s real and personal property.

PUBLIC ENTITIES

 Plaintiff sued a school district for alleged constitutional violations in assigning 

students to the district’s elementary schools and assigning students to academic 

programs in the district high school.

 Case addressed public agency immunity from liability for accidents involving high 

speed chases by peace officers.

 A county mental institution was sued for injuries sustained by a patient assaulted 

by a fellow patient. The case addressed the issue of governmental immunity for 

public entities tortious conduct committed by mentally ill patients.

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 Class action for injunctive and writ relief statewide on behalf of recipients of certain 

public benefits in that they were deprived of equal protection and discriminated 

against in the administration and supervision of said benefits.

 Retirees sued pension fund for age discrimination following a change in formula 

used for calculation of retiree pension benefits.

 A consolidated case addressed how to determine the integrity of electronic voting 

machines under the California Elections Code.

 Case addressed the issue of the disclosure of meeting minutes at the public 

university pursuant to the Public Records Act.

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