Focus of Practice

I have served as an arbitrator since 1980 and a mediator since 1995. I now do almost solely arbitration and mediation. My law practice was primarily business litigation and counseling. My primary focus was on business contracts and disputes over sales, licenses, trade and investment, franchises and conflicts among owners and partners. The substantive areas of practice tended 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: Simburg Law Offices, PLLC dba Simburg Dispute Resolution. Formerly, 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 (fka University of Puget Sound) School of Law 1972-1974

Court Admissions

USDC Colorado 2018; U.S. Ninth Circuit 1980; USDC WDWA 1972; USDC EDWA 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

Chair, WSBA ADR Section 2020-22; American Arbitration Association Commercial, Intellectual Property, International and Large Complex Case Panels; Center For Copyright Information Infringement Dispute Resolution Panel; Upwork(Electronic Online) Dispute Resolution Panel; Vancouver International Arbitration Center Panel; Domain Name Dispute Resolution panels; FINRA Dispute Resolution Panels; ABA Sections of Dispute Resolution, Business (ADR Committee). WSBA & KCBA 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 Goodwill Games.

ADR Training

1/19 KCBA: Gender Diversity 1.5; 3/19 WSBA: Microaggression Experiences & Responses 1.5; 3/19 KCBA: Mediating Racial Issues 1.75; 4/19 NWDR Conf 10.25; 5/19 KCBA: Working with Veterans 1.5; 6/19 AAA: Mediation Confidentiality 1.5; 9/19 AAA: Cybersecurity for Mediators 1; 10/19 SF Bar: Online Mediation 2.5; 10/19 WDWA: Implicit Bias in Mediation/Arbitration 2; 11/19 WSBA: Achieving Inclusion & Equity 1.25; 11/19 KCBA: Mediation Styles 1.5; 12/19 KCBA: Depolarizing Within 1.5; 2/20 KCBA: Trauma-Informed Mediation 1.5; 4/20 KCBA : ODR 1.5; 5/20 WSBA: Advanced Zoom Security 1; 5/20 KCBA : Virtual Mediation 1.5; 9/20 KCBA : Opening Minds & Hearts as Mediators 1.5; 9/20 ABA: Utilizing ODR 1; 11/20: KCBA : Online ADR 1; 1/21 KCBA : Landlord-Tenant Disputes 1.5; 2/21 KCBA : Sexual Harassment, Unwelcome Conduct 1.5; 2/21 AAA: Dispute Prevention 1.5; 3/21 AAA: Annual ADR Case Update 1.5; 3/21 ABA: Resolving Blockchain Contract Disputes 1; 4/21 ABA: Value of an Effective Apology in Resolving Business Disputes 1.5; 4/21 ABA: Mediations in a Virtual World 1; 5/21 KCBA : Improvisation for Conflict Resolution 1.5; 6/21 WDWA: Mediating Multiparty Disputes 1.5; 6/21 ABA: Mediation During the Pandemic 1.5; 9/21 KCBA : Appreciating Neurodiversity in ADR 1; 9/21 ABA: Business Divorce & ADR 1.5; 10/21 KCBA : Mediator Ethics 1; 11/21 AAA: Impartiality 1; 12/21 ABA: Joint Mediation 1.3

ADR Experience

I have served as arbitrator or mediator in a variety of business-related disputes, including partnerships, 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. Recently, I have been handling about 40 online copyright infringement (illegal download) disputes per year. Recent service as a neutral has included disputes involving partnership breakups, 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