Mediation, Arbitration and Law Firm Consulting Services
Maurice L. Zilber, Esq. Mediator-Arbitrator
929 Sir Francis Drake Blvd., Suite 101A
Kentfield, CA 94904
Tel: (415) 721-0501
Fax: (415) 721-0201
E-mail: info@adrresolutions
OVERVIEW:
Mr. Zilber has had more than 38 years of business and intellectual property law experience through his practice with the Boston law firm of Peabody and Brown (now Nixon Peabody LLP), and is now a full-time arbitrator and mediator.
Mr. Zilber has represented public and privately held computer hardware and software companies as well as companies in the biotech, semi-conductor manufacturing systems, opto-electronic, waste to energy and materials recycling industries. He has also represented authors, publishers and entertainers and had an extensive public utility practice involving licensing, siting, rate, environmental, conservation-load management programs, deregulation and anti-trust issues for several electric public utilities.
He has extensive experience in copyright, trademark, trade secret, patent licensing and character licensing matters, including character licensing for PBS's number one children's program.
Mr. Zilber's business law experience ranged from venture capital, public offering and secured lending financing; research and development, requirements and distribution agreements; executive employment agreements and benefit plans; and mergers and acquisitions.
He served as Chair of the Intellectual Property and Technology Group of Peabody and Brown from 1995 to 1997 and before that as Managing Partner and Chair of the firm's Executive Committee for 12 years. Based on that experience, he has consulted with numerous law and accounting firms on practice management issues.
Mr. Zilber has over 20 year's experience as an arbitrator and mediator. He serves as a member of the American Arbitration Association's Large Complex Case, California Energy, Northern California High Technology, National Technology and International Dispute Panels and the Northern California Mediation Panel. He is also on the panel of mediators for the California Appeals Court, First Appellate District.
Mr. Zilber was a founding Director and Chair of the Legal Affairs Committee of the Massachusetts Interactive Media Council ("MIMC") and served as counsel to the Massachusetts Computer Software Council ("MCSC") for several years.
Alternative Dispute Resolution Experience:
Arbitrated over 150 commercial and consumer disputes in a wide range of matters including:
- a dispute between engineering design firm and manufacturer over breach of design-build agreement for process equipment
- trademark license dispute between licensor and licensee over compliance with and termination of license agreement
- dispute between an American veterinary testing equipment company and a Swiss distribution company with respect to development and exclusive distribution agreement
- dispute between United Arab Emirate purchaser of U.S. hardware /software subsidiary of an Israeli corporation over breaches of warranties
- dispute between governmental agency and service provider over termination of services agreement for alleged breaches
- dispute between U.S. software supplier and Swiss distributor over termination of distribution arrangements
- dispute between patent licensor and licensee over breaches of patent license and alleged fraud
- dispute between a German manufacturer and a U.S. university over a patent license
- dispute between a software company and a major medical laboratory over breaches of license agreements and alleged copyright infringements
- dispute between a Japanese manufacturer and a U.S. OEM over breach of warranties
- disputes between a life insurance company and its policyholders over sales practices
- dispute between a public utility and its fuel provider over a long-term fuel contract
- dispute between a public utility and a Qualified Facility over a power supply agreement
- dispute between a limited partner and a general partner of several limited partnerships over access to a mailing list of limited partners for purposes of making a tender offer
- dispute between a founder/inventor and a company over rights to patents assigned to the company
- dispute between a software developer and an original equipment manufacturer over testing equipment license fees.
Mr. Zilber has mediated disputes relating to software development; sales representation agreements, rights to a copyrighted product design, zoning violations and real estate loans.
Alternative Dispute Resolution Training:
AAA, Commercial Arbitrator II Training (San Francisco 3/02); California Court of Appeal, First Appellate District, Appellate Mediation Training 2/00; World Intellectual Property Organization, Workshop for Mediators in Intellectual Property Disputes (New York 5/99); AAA, Commercial Arbitrator Training Workshop (Orlando 10/98); AAA Training for Arbitrators of Energy Disputes (San Diego 5/98); AAA Commercial Mediator Training (New York 11/97); AAA Large Complex Case Program (Prouts Neck, Me. 9/97 [faculty]); ADR Superconference (Washington 4/97); International Arbitration Conference, The Chartered Institute of Arbitrators (Boston 9/96); AAA Large Complex Case Program Meeting (Newport Beach, CA 4/96); Mediation Training, Metro Mediation, (Brookline, MA 12/1994); AAA/Asia Pacific Center International Arbitrator Training., (Harvard Univ. 8/19/94); AAA Securities Arbitration Training. (Boston 12/92)
Education:
JD with honors. Harvard Law School, 1963
AB with honors (Mathematics) University of Michigan, 1960
Professional Licenses:
Admitted to the Bar in Ohio 1963; Massachusetts, 1964; California, 1998; U.S. District Court, District of Massachusetts, 1995; U.S. Court of Appeals: District of Columbia (1968) and First (1965) Circuits.
Professional Associations:
American Bar Association (Dispute Resolution, Intellectual Property Law and Business Law Sections); Boston Bar Association: (Computer Law and Intellectual Property Law Committees, past chair, Law and Technology Committee); Computer Law Association; State Bar of California (Intellectual Property, Business Law and Law Practice & Technology Sections); Bar Association of San Francisco (Mediation, Arbitration and Intellectual Property Sections); The Mediation Society (San Francisco).
Publications and Lectures:
"Corporate Tender Offers for Their Own Stock, Legal and Financial Considerations" UNIVERSITY OF CINCINNATI LAW REVIEW, Vol. 13, p. 1, 1964
Mr. Zilber has lectured on computer and multi-media law topics, corporate law, ADR and law firm management issues for American Bar Association-American Legal Institute, American Arbitration Association, Massachusetts Bar Association, Massachusetts Continuing Legal Education, Massachusetts Computer Software Council, Massachusetts Interactive Media Council, the Bar of San Francisco Intellectual Property and Arbitration Committees and Joel Rose Associates.