William Bassler

Since leaving the United States District Court in August of 2006, I have been engaged as an arbitrator and mediator. I have served as an adjunct professor at Rutgers, Seton Hall, and Fordham Law Schools, teaching courses in trial practice and procedure, judicial process, and arbitration. I have also evaluated mock presentations in preparation for motions and trials. My alternative dispute resolution and judicial experience includes cases involving patents, license agreements, franchise agreements, trademarks, copyrights, securities, insurance/reinsurance, joint ventures, real estate, personal injury, breach of contract, trade secrets, and legal and accounting malpractice.

Experience

Please see my website for a comprehensive view of my experience www.wgbdisputeresolution.com.

Work History

Representative Experience: • Currently serving on the Board of Directors of the American Arbitration Association (AAA) • Selected for AAA’s Master Mediation Panel which is comprised of top mediators as rated by counsel • Member of the AAA’s Drafting Committee on Discovery and Document Exchange, CCA’s Judicial Education Committee, and CPR’s Arbitration Committee and Patent Mediation Task Force • Currently serving on the Members Consultative Group of the Restatement Third, The US Law of International Commercial Arbitration project • AAA/ICDR delegate to 47th UNCITRAL Session at United Nations Headquarters (June 2014) • Mediator/Arbitrator in Sandy Voluntary Alternative Dispute Resolution Program Administered by Kenneth Feinberg for Liberty Mutual Insurance Co. • Participated as a judge in the Willem C. Vis International Commercial Arbitration Moot Competition in Vienna, Austria, April 2011 • Testified at an ICC arbitration in Paris (May 2010) as an expert witness on certain aspects of NJ Law in a patent license dispute between two international pharmaceutical companies • Supervised discovery in September 2010 in Paris as a commissioner for the taking of evidence in a patent dispute • Member of the observer delegation of the New York City Bar to the UNCITRAL Working Group II (Arbitration and Conciliation). This Commission will continue its work on the revision of the UNCITRAL Arbitration Rules. • Member of Third Circuit Committee on Model Civil Jury Instructions published by Thomson West (2006)

Professional Experience

On the Panel of Neutrals at:
• International Centre for Dispute Resolution (ICDR)
• American Arbitration Association (AAA)
• CPR Institute for Conflict Prevention and Resolution (International and Judicial Panels)
• Judicial Arbitration Mediation Services (JAMS), (2006-2008)

Judge, United States District Court, District of New Jersey, 1991-2006
Judge, Superior Court, State of New Jersey, 1988-1991
General Practice, Monmouth County, New Jersey, 1964-1988 Law Clerk, Hon. Mark A .Sullivan, NJ, Superior Court, Appellate Division, 1963-1964

Academic

Adjunct Professor at Fordham Law School. Former Adjunct Professor at Seton Hall Law School, Rutgers Law School, and the Seton Hall Law School Program at the American University, Cairo. Teaching courses in trial practice and procedure, comparative constitutional law, and judicial process.

Cases

Representative Arbitrations: • Co-arbitrated claim seeking over 100 million U.S. in damages for fraudulent inducement of tax sharing agreement, breach of contract, aiding and abetting breach of fiduciary duty, rescission and disgorgement. • Chaired arbitration of claim for 5 million U.S. for alleged distribution and reselling of software in breach of license agreement. (Case settled.) • Chaired arbitration between U.S. and Japanese company for interim and permanent injunction, breach of contract for termination of development of drug in Japan and $5 million interim payment. (Case settled.) • Co-arbitrated an arbitration of imputation-based defenses of in pari delicto and lack of reliance involving a $160 million claim by an investment bank against an accounting firm for accountant malpractice and breach of contract. • Co-arbitrated a published arbitration under the 1998 Master Settlement Agreement with various tobacco companies and U.S. States and Territories in which tobacco company signatories sought an over $1 billion reduction in their 2003 settlement payments. • Co-arbitrated tort, breach of contract, and accounting malpractice claims in excess of one billion dollars. • Chaired arbitration between insurer and reinsurer over coverage dispute. • Arbitrated claim by liquidator of insolvent European bank for breach of settlement agreement by U.S. state domestic liquidator of the bank. • Arbitrated claim for alleged breach of contract between company marketing title insurance in Central America and title insurance company. (Case settled.) • Co-arbitrated claim by general partner for reinstatement and multi-million dollar claim for damages against Limited Partner. • Arbitrated claim by managing partner against partners over validity of amendment to partnership agreement. • Arbitrated claim for breach of contract to purchase a fixed number of commercial manufacturing devices. (Case settled.) • Co-arbitrated multi-million dollar claim generated by joint business ventures among insurer offering auto dealers liability and physical damage policy, fronting insurance company and reinsurer. (Case settled.) • Co-arbitrated issue whether claimant’s research license to respondent’s research institute applied to claimant’s commercial sales giving claimant a right to indemnification for its alleged patent infringement. (Case settled.) • Arbitrated multi-million dollar claim for environmental damages under indemnity agreement in contract of sale. • Arbitrated claim by limited partner against partnership and other partners for distribution under partnership agreement. • Co-arbitrated multi-million dollar claims between and among fronting insurer, managing general agent and reinsurer. (Case settled.) • Arbitrated claim against major New York City law firm over balance of outstanding legal fees. • Chaired arbitration of claim for breach of contract in excess of $1 million by company providing computer services for automobile dealership. • Arbitrated claim by employee for gender discrimination and counterclaim by employer for breach of non-competition clause. • Arbitrated claim by acquisition company for damages against selling stockholders for breach of contract. • Co-arbitrated claim by insurer and reinsurer to rescind policy to cover claim in excess of $1 million. • Arbitrated dispute between partners over proper allocation of counsel fees under partnership agreement. • Chaired arbitration of claim in excess of $3 million over breach of contract in sale of power plant. • Arbitrated claim in excess of $8 million by South American natural gas transport and processing company against a large New York City bank over conversion of funds. • Arbitrated $190 million claim by subsidiary of major automobile company over breach of contract with joint co-venturer. • Co-arbitrated multi-million dollar claim for damages for infringement of cell phone patent. Representative Mediations: • Mediated dispute between hospital and insurance company over claim procedure under agreement and disputed claims. Mediated multimillion claim for liquidated damages for breach of long term supply contract • Mediated multimillion malpractice claim by investor against investment advisor for alleged losses. • Mediated multimillion dollar claim by limited partner against general partner for breach of fiduciary duties and misappropriation of partnership assets. • Mediated dispute between two national charitable organizations over conflicting trademark claims to name. • Mediated dispute between minority stockholders and management of high profile restaurant over alleged misappropriation of corporate assets. • Mediated dispute between national provider of financial support services and national non-profit organization over responsibility for unpaid invoices resulting from fraud perpetrated by third party on both organizations. • Mediated claim for legal malpractice alleged to have been committed in arbitration of partnership dispute. • Mediated claim for patent infringement. • Mediated court assigned mediation of dispute between brand pharmaceutical and generic involving issues of anticipation and inequitable conduct. • Mediated Hatch Waxman dispute between brand pharmaceutical company and generic which stipulated to patent infringement and its defenses of anticipation and unclean hands. • Mediated multi-million dollar claim by discharged employee against former employer, a pharmaceutical company, for alleged violation of NJ Conscientious Employee Protection Act (CEPA) and qui tam action alleging violations of False Claims Act. • Mediated dispute between landlord and tenant over interpretation of CPI clause in long term lease, hold-over rent, option to purchase. • Mediated multi-million dollar class action claim against cellular telephone service provider for alleged misleading plans resulting in improper customer billing. • Mediated claim by bank against insurance company for coverage claim against directors. • Mediated claim by American corporation against German corporation for breach of contract to sell machinery. • Mediated claim by garment manufacturer (before and after Markman hearing) that competitor infringed patent directed to a particular method of making fabric. Issues involved validity, infringement and enforceability. • Mediated multi-million dollar claims by manufacturer against distributors for the unauthorized diversion to the domestic market of goods intended to be sold exclusively in the international market and claims of copyright and trademark infringement. • Mediated dispute by expert for claim for services rendered to class action law firm for failure to pay for balance of contracted fee. • Mediated dispute between owner of apartment complex and insurer where the issue was the cause of the boiler’s failure to function. • Mediated claim against insurance company for property damage loss and issue of whether there was sufficient proof of mailing requirements for cancellation of policy. • Mediated claim by major university for patent infringement. • Mediated claim by class against investors against mutual funds group. • Mediated claim of infringement of patent for storm windows. • Mediated claim by Israeli company for infringement of patent for prison video surveillance equipment. • Mediated patent infringement case between innovator drug company and generic. • Mediated dispute between partner and deceased partner’s estate over ownership of works of art. • Mediated claim in excess of $4 million by property owner against insurance company for damages from fire loss. • Mediated dispute between owner and insurance company over losses due from land shift. • Mediated claim by condo association against member for damages for breach of condo rules and regulations. For a full list of arbitrations and mediations, visit www.wgbdisputeresolution.com.

Training

ADR Education
AAA and ICDR Neutrals Conference, 2009
12th IBA International Arbitration Day: Due Process in International Arbitration Conference in Dubai, 2009
LCIA Arab Users’ Council Symposium in Dubai, 2009
CPR Annual Meeting, “Innovations in Dispute Resolution: Lessons Learned and Predictions for the Future, 2009
22nd Annual Pharmaceutical/Chemical Patent Practice Update, 2008
25th Joint Colloquium on International Arbitration, ICDR / AAA, 2008
ARIAS-US’s Intensive Arbitrator Training Workshop, 2008
Third Annual ICC NY Conference, “ICC Arbitration Today: Bridging the Cultural Gap in International Arbitration,” 2008
AAA and Fordham University’s Ask & Answer: Arbitration, 2008
IBA’s Arbitration Committee Conf., “The New York Convention: 50 Years,” 2008
Practising Law Institute’s Workshop, International Arbitration, 2008
“Fundamentals of the Arbitration Process,” AAA, 2007
JAMS Institute, Arbitration Workshop, 2007
CIArb-CPR Advanced Arbitrator Training, 2007
JAMS International Mediation Workshop, 2006
Harvard Law School, Mediation Workshop, Program on Negotiation, 2006

License(s)

Member of the New York Bar and New Jersey Bar.

Education

University of Virginia Law School, LL.M. (Judicial Process), 1995
New York University Graduate School, LL.M. (General), 1969
Georgetown University Law Center, J.D. (Law Review), 1963
Fordham University, B.A., 1960

Publications

Publications: • Are Emergency Awards Enforceable in the United States? A Guide for the Perplexed, Contemporary Issues in International Arbitration and Mediation: The Fordham Papers, Edited by Arthur W. Rovine, 2015 • The Symbiotic Relationship Between International Arbitration and National Courts, IBA’s Dispute Resolution International, November 2013 • Challenges to Collegiality, Reported in submissions at ASA’s Annual Conference, Zurich, February 2013 • A Primer on Taking Evidence Abroad, co-authored with Christian Stueben, Mealey’s International Arbitration Report, June 2011 • Mistakes Mediators Make, co-authored with Jack Levin, New Jersey Lawyer Magazine (a publication of the New Jersey State Bar Association), April 2011 • Reasons for Mediating International Environmental Tort Claims in the Shadow of the Alien Tort Claims Act, co-authored with Yitzchok Segal, AAA Handbook on International Arbitration and ADR (Second Edition, 2010) • Are the Halcyon Days of Patents Over, co-authored with Katherine A. Helm, Bloomberg Corporate Law Journal, Spring 2008 • How to Select the Best Seat for Your International Arbitrations, co-authored with Robert Davidson, Mealey’s Int’l Report, January 2008 • Hitting the Mark: Fundamentals of Preparing For and Conducting an Effective Markman Hearing, 189 New Jersey Law Journal, July 30, 2007 • The Importance of Predictability in Maritime Disputes, 38 The Arbitrator, January 2007 • More About More, The Catholic Lawyer published by St. John’s Law Review, Volume 41, Spring 2002, Number 4 • Cert. Granted: The Practical and Philosophical Reasons Why New Jersey Should Adopt a Certification Procedure, co-authored with Michael R. Potenza, Esq., 29 Seton Hall L. Rev. 491 (1998)

Awards

Awards & Honors

• Lifetime Achievement Award, Essex County Bar Association, 2008
• Hon. William J. Brennan, Jr. Award, Association of the Federal Bar of New Jersey, 2006
• St. Thomas More Medal, Seton Hall Law School and the St. Thomas More Society, 1997

Panels

On the Panel of Neutrals at: • International Centre for Dispute Resolution (ICDR) • American Arbitration Association (AAA) • CPR Institute for Conflict Prevention and Resolution (International and Judicial Panels) • FedArb

Associations

Memberships and Professional Activities: • AAA’s Board of Directors • Fellow, Chartered Institute of Arbitrators (FCIArb) • Fellow, College of Commercial Arbitrators (CCA) • Fellow, American Bar Foundation • International Arbitration Club of New York City • LCIA North American Users’ Council • International Chamber of Commerce • Swedish Arbitration Association • Singapore International Arbitration Centre • Association of the Bar of the City of New York, International Commercial Disputes Committee • Certified Mediator, International Mediation Institute (IMI) and IMI Bronze Patron • American Bar Association • CPR Arbitration Committee • International Council Commercial Arbitration (ICCA) • ALI’s Consultative Group on the Restatement Third, The U.S. Law of International Commercial Arbitration • American Law Institute • American College of Probate Counsel, Fellow • International Bar Association • New York City Bar Association • New York Intellectual Property Law Association • New Jersey Intellectual Property Law Association • The Assoc. of the Federal Bar of the State of NJ • International Trademark Association

Miscellaneous

Speaking Engagements: • “Emergency Relief,” at Fordham Conference on International Arbitration (New York 2015) • Panelist, “The Legal Landscape has Changed: Learn How to Navigate the Thorny Issue of Subpoenas,” CCA Annual Meeting (New York 2015) • “Developing the AAA Judicial Panel - Working Together,” AAA Webinar (2015) • Panelist, “The Judicial Perspective on Non-Standard Coverage Forms and Manuscript Policies,” ABA Fidelity and Surety Law Committee Mid-Winter Meeting (New York 2015) • Panelist, “The Judge’s Perspective on International Arbitration,” ICDR-CCB International Arbitration Program (Bogota 2014) • Panelist, “War and Peace: Can Commercial Mediation Learn from How Conflicts Between States are Mediated?” ABA Section of International Law’s Spring Meeting (New York 2014) • “Commercial Arbitration,” New Jersey Judicial College (New Jersey 2013) • “International Arbitration: Practical Ways to Promote Efficiency and Contain Costs,” Co-Sponsored by Mayer Brown, ICC, and USCIB (New York 2013) • “Award Writing,” NYSBA’s Dispute Resolution Section and Benjamin N. Cardozo School of Law’s Commercial Arbitration Training for Arbitrators and Counsel (New York 2013) • “State Courts and Arbitration: Hand in Hand Forever,” IBA Arbitration Committee’s ‘White Nights’ Conference (St. Petersburg 2013) • “Arbitration: A View From the Bench,” CCA Annual Meeting (New York 2012) • “Muscular Arbitration: What Corporate Counsel Can Do to Shape Up Arbitration,” ACC Annual Meeting (Orlando 2012) • “The Use and Abuse of Referees and Special Masters in Discovery,” ACC Annual Meeting (Denver 2011) • Panelist, Chartered Institute of Arbitrators (NY Chapter), “The Judges Program” with Hon. Judith Kaye and Hon. William Webster, Fordham University School of Law (New York 2011) • AAA’s “Muscular Arbitration: Trimming the Fat Out of Arbitration” (New York 2011) • AAA University ‘s “Cut to the Chase: Methods for Efficient Arbitration” (New York 2011) • Panelist, American Conference Institute’s 2nd annual Hatch-Waxman series, “Paragraph IV On Trial” (New York 2009) • West Legalworks Fourth Annual eDisclosure Forum: “Who Is Responsible and Who Is Accountable” (London 2008) • ABA Section of Int’l Law’s Fall Meeting (panelist), “Why and How To Educate your Non-US Clients about Electronic Discovery” (Brussels 2008) • PLI’s Developments in Pharmaceutical and Biotech Patent Law, “Bench Perspective: Trying a Pharmaceutical or Biotech Patent Case” (New York 2008) • ABA Annual Meeting (panelist), “Ensuring & Enforcing Ethics in Arbitration” (New York 2008) • ABA Section of Int’l Law’s Spring Meeting (panelist), “Perspectives on Universal Jurisdiction, Extraterritoriality and the Future of Alien Tort Statute Litigation: Talisman and Other Recent Cases” (New York 2008) • American Conference Institute 2nd Annual Conference on Paragraph IV Disputes (panelist), “View from the Bench: Judicial Views on Paragraph IV Litigation” (New York 2008) • New York State Bar Association, Commercial and Federal Litigation Section (panelist), “Introduction to Mediating the Complex Case” (2008) • CEELI Institute Course, ’Building Judicial Integrity: A Training Program for Combating Judicial Corruption’ (Prague 2007)