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ADR Neutral: Melvyn J Simburg

Melvyn J Simburg
999 3RD AVE, STE 2525
SEATTLE, WA 98104
Tel: 206-382-2600

Focus of Practice

I have served as an arbitrator since 1980 and a mediator since 1995. My law practice is primarily business litigation and counseling. My primary focus is on business contracts and disputes over sales, licenses, trade and investment, franchises and conflicts among owners and partners. The substantive areas of practice tend to involve software or technology, cross-border transactions, and rights in intellectual property, business entities or real estate. I brought the first case in Western Washington under the Anticybersquatting Consumer Protection Act (ACPA), 15 USC §1125(D), defended the landmark right of publicity case Joplin Enterprises v. Allen, 795 F. Supp. 349 (1992), and defended in the copyright ownership dispute over music rights in Hendrix v. Branton, No. C93-537Z (W.D.WA, resolved by arbitration in 1996).

Legal Experience

Current: Partner in Simburg, Ketter, Sheppard & Purdy, LLP Private practice since 1972; Associate at Perkins Coie 1972-76 Adjunct professor of Legislation and Judicial Process, Seattle University (f/k/a University of Puget Sound) School of Law 1972 1974

Court Admissions

U.S. Ninth Circuit Court of Appeals, 1980 U.S.D.C. Western District of Washington, 1972 U.S.D.C. Eastern District of Washington, 1973 State of Washington, 1972

Education

J.D., Columbia University School of Law, 1972 M.I.A., Columbia University School of International & Public Affairs, 1972 B.A., University of California-Berkeley (Citation in Macroeconomics), 1968

Professional Associations

American Arbitration Association Commercial, Intellectual Property, International and Large Complex Case Panels; Center For Copyright Information Infringement Dispute Resolution Panel; Elance (Electronic Online Freelance) Dispute Resolution Panel; British Columbia International Commercial Arbitration Center Panel; Domain Name Dispute Resolution panels; FINRA Dispute Resolution Panels; ABA Sections of Dispute Resolution, Business (ADR Committee) and International Law (IP Committee). WSBA & KCBA Intellectual Property, ADR and IP Sections. Federal Bar Association. I have served as a volunteer attorney for Washington Lawyers for the Arts, Seattle Public Theatre, Seward Park Art Studio and the Faces for Life Project of the Puget Sound Blood and Tissue Center. I was lead counsel for the firm's representation of the Best of the USSR Software and Technology Show held in connection with the 1990 Good Will Games.

ADR Training

1/17: KCBA ADR Sec."The Role ofADR in a Polarized Society."1.5. 1/17: ABA,"Making Arbitration Great Again: How to Avoid Mistakes arbitrators & Counsel Make."1. 2/17:ABA, "The Arbitration Award, Remedies & Post Award Process. 1.25. 3/17: ABA, "What I wish my mediators knew." 1.5. 3/17:KCBA ADR Sec. "Implicit Bias." 1.5. 3/17: NWDR Conf. 3/23-24. 11.5. 4/17: AAA conf. Hon. Steven G. Cohen, "The Art of Observing" 1.5. 5/17: Fed. Bar Assoc., WDWA, Implicit Bias & jury selection. 5/17: ABA Dispute Resolution:"When Participants are a Handful." 1.25. 5/17: KCBA ADR Sec."Multi-party Restorative Facilitation. 1. 6/17:KCBA ADR Sec. Warren Olson & Chuck Branham, DRC of KitsapCounty, "When Honor is a Factor." 1.5. 7/17: ABA DR Sec."Arbitration Awards: Potential Pitfalls" w/Dana Welch and Ruth Glick. 1.25. 9/17 WSBA Arbitration CLE 5. 9/17:WSBA Arbitration CLE Ethics 0.75. 9/17: WSBA Med.Advocacy 4.5. 10/17: AAA webinar, "Clarity in Award Writing."1. 1/18: KCBA ADR Training Session I: How to Get Mediations rolling2.5. 2/18: KCBA ADR Sec. "Sexual Harassment Issues in ADR." 1.5. 2/18:KCBA ADR Sec. "Lawyers, Mediators & Clients; Faster & Better Conflict Resolution." 2.5. 3/18:KCBA & WSBA ADR "Winning Arguments & Persuasion Strategies." 1.

ADR Experience

I have served as arbitrator or mediator in a variety of business-related disputes, including cross-border, multi-cultural and/or IP matters. I have resolved a number of franchise, licensing and distribution disputes, computer system disputes up to several million dollars, and Internet-related disputes . During the last three years I have been handling about 40 online copyright infringement (illegal download) disputes per year. Recent service as a neutral has included disputes involving online sales agreements, securities and financing, software licensing, software development, patent license development, biotech development, copyright infringement, web services, consumer debt, hotel franchise and ownership disputes. . My approach to mediation is to spend almost as much time in advance of the mediation date as on the day of the mediation session. I work with counsel in advance to narrow the issues, explore obstacles and develop avenues for potential settlement. If a matter does not resolve by the end of the mediation session, I am persistent afterward by contacting counsel periodically to see whether there is a potential avenue for resolution.

ADR Practice Areas

Business Litigation, Corporations, International, Intellectual Property, Real Property