Jane Michaels

Jane Michaels is an experienced arbitrator and mediator. She has handled hundreds of mediations and arbitrations over the course of her career, covering a wide range of industries and substantive areas of the law. She is also an arbitrator for the International Center for Dispute Resolutions and serves on the American Arbitration Association’s Complex Commercial Arbitration and Mediation Panels. Jane is frequently selected to serve as an arbitrator because of her prior extensive experience as an effective advocate, her reputation for fairness, and her ability to decide the parties’ complex business disputes fairly, efficiently, and cost-effectively.

Experience

Jane Michaels has served as a mediator and arbitrator for over 25 years. She has handled hundreds of mediations and arbitrations in her career, covering a wide range of industries and substantive areas of law. Jane was selected for membership in the National Academy of Distinguished Neutrals and is certified by the American Arbitration Association (AAA) as a mediator and arbitrator. She serves on the AAA’s Complex Commercial Arbitration and Mediation Panels and as an arbitrator for the International Centre for Dispute Resolution. Arbitration: Jane is keenly aware that the escalating costs of litigation, particularly during the discovery process, impact an organization’s bottom line and business goals. As an arbitrator, Jane’s approach to arbitration maximizes fairness, flexibility and cost-effectiveness. She guides counsel in conducting discovery to ensure that they obtain the information they need to establish their claims or defenses without unnecessary over-reach or discovery abuse. She provides counsel an opportunity to exercise some control over the arbitration process by helping them develop customized procedures for the hearing on the merits of their case. Parties appreciate Jane’s ability to decide their disputes fairly, efficiently, and in a timely manner. Mediation: As a mediator, Jane plays an active role in a highly interactive process to facilitate settlement. Parties involved in mediation appreciate Jane’s experience in assessing the strengths and weaknesses of their case, as well as her exceptional listening skills, flexibility, creativity, and perseverance in guiding them to a mutually satisfactory resolution of their dispute. Litigation Expertise: Throughout her career as a trial lawyer, Jane represented clients in complex business, intellectual property, and technology disputes in courtrooms, mediations, and arbitrations around the country. As a trial lawyer, her practice focused on commercial and IP cases involving breach of contract, misappropriation of trade secrets, defective software disputes, business torts, royalty disputes, partnership disputes, franchise disputes, licensing disputes, business dissolutions and valuations, covenants not to compete, unfair competition, as well as patent, trademark, and copyright litigation. Her experience spans a wide variety of industries, including telecommunications, computer/electronics, Internet, biotech, pharmaceutical, publishing, manufacturing, financial services, franchising, medical devices, retail, sports, entertainment, health insurance, real estate, and oil and gas. She has handled every facet of a case, from assessing the merits of claims and defenses through discovery, depositions, motions, trials, and settlement negotiations. Jane is a Fellow of the highly selective and prestigious American College of Trial Lawyers and International Academy of Trial Lawyers.

Work History

Arbitrator & Mediator, Holland & Hart LLP, 1991 – present; Partner, 1980 – 2018; Holland & Hart LLP Trial Lawyer in Intellectual Property and Commercial Disputes; Trial Practice Chair, 2010 - 2018; Of Counsel, 2019 - present, Holland & Hart

Cases

Representative experience of recent matters handled as an arbitrator include: • Disputes involving trademark infringement and dilution • Disputes involving defective software performance and misrepresentations regarding software’s functionality, stability, readiness, and cost of implementation • Disputes involving misappropriation of trade secrets, fraud, and breach of contract arising out of potential acquisition of a competitor’s medical device • Royalty dispute arising out of a Patent License Agreement covering wireless digital technology, including counterclaims for violation of antitrust law, breach of contract, fraudulent inducement to contract, and patent misuse • Valuation dispute involving ownership of limited liability company • Franchise dispute involving territorial restrictions • Software sub-contractor dispute involving termination of rights • Electronic commerce dispute involving alleged underpayment and improper practices by website owner • Dispute involving enforcement of non-compete covenant against terminated franchise • Patent royalty dispute based on a Research Collaboration Agreement in the biotech industry • Disputes involving improper sub-licensing of software products covered by a patent license agreement • Dissolution of business partnership in connection with claims of misappropriation of partnership assets, unjust enrichment, and fraud • Disputes involving termination of franchise agreements • Licensing dispute in which exclusive licensee sought declaratory relief, injunctive relief and compensatory damages, including lost profits

Training

• Cyber Security: A Shared Responsibility, 2020; • Case Finances: What Arbitrators Need to Know, 2019 • Arbitrator Performance and Demeanor: Meeting Participant Expectations, 2018 • Faculty, Arbitrators’ Roundtable ’How to Maximize Efficiency in Arbitration,’ May, 2018 • ACE 14 - Red Flags & Risk Areas: Challenges to Arbitrator Authority, 2017 • ACE 13 - Dealing with Difficult Attorneys in Arbitration, 2016 • AAA Essential Mediation Skills, 2016 • AAA eDiscovery - Arbitration in a Digital World (ACE012), 2016 • AAA Arbitration Update: Developments in the Colorado Law of Arbitration, 2007 • AAA Dealing with Delay Tactics in Arbitration (ACE004), 2007 • Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005 • Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2004 • Faculty, AAA Commercial Arbitration II Training: Motions Practice in Arbitrations, 2004 • Annual Arbitrator Update, 2002 • AAA Commercial Arbitrator II Training: Advanced Case Management Issues, Denver, 2001 • AAA Commercial Arbitrator Training, San Francisco, 2000 • AAA Basic Arbitrator Training, Denver, 1990

License(s)

Admitted to the Bar: Colorado, USDC District of Colorado, United States Supreme Court, U.S. Court of Appeals for the Federal Circuit, U.S. Court of Appeals for the Tenth Circuit, U.S. Court of Appeals for the Sixth Circuit, U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the District of Columbia, USDC Eastern District of Texas

Education

Boston University, J.D. cum laude; Law Review; Harvard University, M.A.T, with Honors; Wellesley College B.A., with Distinction

Publications

Recent publications include:
• “From Courtroom to Zoom Room: Persuasive Online Litigation,” Co-Author, 4/2020 • ’Effective Advocacy in Arbitration,’ Colorado Lawyer, April 2018
• ’Enforcing Arbitration Awards in Colorado,’ Practical Law – A Thomson Reuters Publication, 2016
• ’Practical Tips to Maximize the Benefits of Arbitration,’ The Knowledge Group, 2015
• ’Personal Memoir; Indelible Memories of My Clerkship with Judge William E. Doyle,’ Denver Law Journal, 2013
• ’Computerized Case Management: Trial Practice in the 21st Century,’ International Commercial Litigation, Co-Author, 1998
• ’The Other Side of Markman,’ National Law Journal (Intellectual Property Issue), Co-Author, May 1996
• ’Rule 408: A Litigation Minefield,’ ABA, Litigation Magazine, Fall 1992

Awards

• Benchmark Litigation, Top 250 Women in Litigation, 2012-2020; Local Litigation Star, 2010-2021 • Best Lawyers in America© Lawyer of the Year, Litigation - Patent, Denver, 2012 • Best Lawyers in America© Commercial Litigation, 1991-2018; Litigation - Intellectual Property, Litigation - Patent, 2011-2018 • 5280 Magazine Top Lawyers for experience in Alternative Dispute Resolution and Civil Litigation, 2018 • IAM Patent 1000–The World’s Leading Patent Practitioners, Gold-rated Patent Litigator in Colorado, 2012, 2013, 2015, 2016 • Colorado Super Lawyers®, Intellectual Property Litigation, 2006-2017; ADR, 2018 - Present; Top 25 Female Lawyers and Top 50 Female Lawyers; Top 50 Lawyers and Top 100 Lawyers • Chambers USA: America’s Leading Lawyers for Business, Intellectual Property Litigation and Commercial Litigation, 2007-2017
• Lawdragon, 500 Leading Lawyers in America, 2010-2011, 2013-2019; 2020 Inducted into Lawdragon Hall of Fame
• National Law Journal, Top Ten Trial Lawyers in Colorado
• Selected by in-house counsel for inclusion in the Corporate Counsel Black Book of Leading Lawyers in the United States

Panels

American Arbitration Association, Panel for Complex Commercial Arbitration and Mediation; International Centre for Dispute Resolution

Associations

National Academy of Distinguished Neutrals
American College of Trial Lawyers, Fellow
International Academy of Trial Lawyers, Fellow
International Society of Barristers, Fellow
American Arbitration Association, Certified Mediator and Arbitrator
International Centre for Dispute Resolution, Arbitrator
Colorado Bar Association, Past Vice President
Denver Bar Association, Past President

Miscellaneous

Recent speaking engagements include: • “Winning at Trial: Advocacy in Arbitration,’ American College of Trial Lawyers Seminar, November 2018 • “21st Century Issues Facing Our Nation and Our Courts,’ Moderator, International Academy of Trial Lawyers, July 2018 • “Effective Communication with Arbitrators from Initial Submissions to Award,’ American Arbitration Association, May 2018 • “Practical Tips to Maximize the Benefits of Arbitration,” The Knowledge Group, June 2015 • “Developing a Trade Secret Protection Plan,” 11th Annual Rocky Mountain Intellectual Property and Technology Institute, May 2013 • “Trial Advocacy Tips: What Jurors Really Think,” Thompson Marsh Inn of Court, February 2013 • “Examining the Key Elements of a Compelling Closing Argument, Winning Trial Tactics and Skills,” American College of Trial Lawyers seminar, November 2010 • “Obtaining and Resisting Injunction in IP Cases: What Lawyers and Litigants Need to Know,” 8th Annual Rocky Mountain Intellectual Property and Technology Institute, June 2010 • “Developments in the Digital World: Blogs, User Created Content and Secondary Liability,” 6th Annual Rocky Mountain Intellectual Property and Technology Institute, June 2008