Sherman Kahn

Sherman Kahn acts arbitrates matters presenting complex technical and commercial issues under the AAA, ICDR, ICC, CPR, UNCITRAL and other rules as well as pure ad hoc proceedings.

Experience

• Sat as panel chair, sole arbitrator, and wing arbitrator in international and domestic arbitrations with subject matter including biotechnology and pharmaceuticals, IT outsourcing, software development and licensing, medical devices, mining, patent infringement and other IP issues, trademark licensing, unfair competition and trade disparagement, and other commercial issues. Representative arbitrations have included: o Chair of panel: arbitration regarding allocation of biotechnology IP rights o Chair of panel: international arbitration regarding patent license o Chair of panel: arbitration regarding valuation of coal mine properties o Chair of panel: arbitration regarding partnership dispute o Chair of panel: international arbitration regarding semiconductor manufacturing agreement o Chair of panel: arbitration regarding bioassay packaging o Chair of panel: software development dispute o Sole Arbitrator: international IT outsourcing arbitration o Sole Arbitrator: medical device royalty dispute o Sole arbitrator: international dispute regarding personnel outsourcing o Sole Arbitrator: dispute regarding telecommunications fees o Sole Arbitrator: international dispute regarding website properties o Sole arbitrator: international dispute regarding medical device development o Sole arbitrator: international personnel outsourcing dispute o Sole arbitrator: dispute regarding development of blockchain application o Sole arbitrator: international and domestic franchise disputes o Sole arbitrator: disputes regarding on-line marketplaces o Member of panel: International arbitration regarding ownership of biotechnology inventions o Member of panel: International arbitration regarding video game license o Member of panel: international arbitration regarding patent license and standards essential patents issues o Member of panel: international arbitration regarding pharmaceutical licensing and development o Member of panel: international arbitration regarding alleged breach of confidential settlement agreement o Member of panel: International arbitration regarding alleged patent infringement o Member of panel: trademark license arbitration o Member of panel: dispute regarding telecommunications charges o Member of panel: International ad hoc arbitration regarding confidentiality agreement o Emergency Arbitrator: software development dispute o Emergency Arbitrator: international trade dispute o Emergency Arbitrator: on-line platform dispute

Work History

• Attorney, Mauriel Kapouytian Woods, 2013 – Present • Morrison & Foerster LLP (New York Office), 2003 – 2013 • Morrison & Foerster LLP (Tokyo Office), 1998 – 2003 • Morrison & Foerster LLP (Palo Alto Office), 1995 – 1998 • Brown & Bain, 1994 – 1995 • Law Clerk to Hon. Mariana Pfaelzer, U.S. District Court Central District of California, 1993 – 1994

License(s)

California 1993, District of Columbia 2003, New York 2004.

Education

University of California, Berkeley (BA English) 1989; University of California, Berkeley (JD) 1993

Publications

• Co-Author (with Conna Weiner), Chapter 4: Arbitral Institutions and Arbitration Rules, ARBITRATION OF INTERNATIONAL INTELLECTUAL PROPERTY DISPUTES, 2nd Ed. (Kluwer 2021) • Co-Author (with Edna Sussman), Chapter 18: International Commercial Arbitration in the United States, ARBITRATING COMMERCIAL DISPUTES IN THE United States (PLI 2020) • Co-Author (with Theo Cheng), When Experts Come From Different Planets: Finding the Difference Driving Seemingly Irreconcilable Expert Evidence in Arbitration, NY LITIGATOR, Falls 2018, Vol. 23, No. 2 • Co-Author (with Jennifer Glasser), Chapter 2: Planning for a Cross-Border Dispute, THE CPR CORPORATE COUNSEL MANUAL FOR CROSS-BORDER DISPUTE RESOLUTION, CPR 2017 • Chapter 3: Drafting Cross-Border Multi-Step Clauses Providing for Negotiation and/or Mediation Before Arbitration, THE CPR CORPORATE COUNSEL MANUAL FOR CROSS-BORDER DISPUTE RESOLUTION, CPR 2017 • Will Patents be the Next Wave in Investor-State Arbitration, New York Dispute Resolution Lawyer, Spring 2014, Vol. 6, No. 1. • Arbitration at the Supreme Court (2011 to 2012 Term), New York Dispute Resolution Lawyer, Fall 2012 • S. Kahn and D. Kiferbaum, Browsewrap Arbitration? Enforcing Arbitration Provisions in Online Terms of Service, New York Dispute Resolution Lawyer, Fall 2012 • “Developments in Supreme Court Jurisprudence: The Court’s AT&T Decision and the Second Circuit’s Treatment of Stolt-Nielsen,” New York Dispute Resolution Lawyer, Fall 2011, Vol 4. No. 3 • “The Benefits of Mediation and Arbitration for Dispute Resolution in Intellectual Property Law,” New York Dispute Resolution Lawyer, Summer 2011, Vol. 4. No. 2 • “The Benefits of Mediation and Arbitration for Dispute Resolution in Outsourcing Agreements,” New York Dispute Resolution Lawyer, Summer 2011, Vol. 4. No. 2 • “Practical Uses of ADR in Outsourcing Relationships,” New York Dispute Resolution Lawyer, Spring 2011, Vol. 4. No. 1 • Balancing Discovery with EU Data Protection in International Arbitration Proceedings, New York Dispute Resolution Lawyer, Vol. 3, No. 1, Spring 2010

Panels

AAA Commercial Panel; AAA Large and Complex Panel; ICDR International Panel; CPR National Panel; KCAB International Panel.

Associations

• Fellow (FCIarb), Chartered Institute of Arbitrators • Director, member Tech-List, Silicon Valley Arbitration and Mediation Center • Director, Co-Chair Technology Committee, New York International Arbitration Center • Chair, New York State Bar Association, Dispute Resolution Section (2014-2015); Co-Editor in Chief, New York Dispute Resolution Lawyer • Member, International Arbitration Club of New York • Member, CPR Institute Arbitration Committee • Member, California Arbitration