Michael Diamant

Served as an arbitrator and mediator of the American Arbitration Association for 35 years. Most of the cases involved complex technology, software or engineering disputes..

Experience

Served as an arbitrator and mediator of the American Arbitration Association for 35 years. Most of the cases involved complex technology, software or engineering disputes. Though some were simply business contract or rate setting issue. Also serve as a mediator and arbitrator for CPR and ICDR for complex technology and software cases. Member of the Federal Panel of Neutrals for the U.S. District Court for the Northern District of Ohio. Forty-four years of experience as a civil litigation lawyer, focusing on providing legal advice and litigation ADR services to technology companies and other businesses facing engineering technology-related issues. Practice encompasses aspects of engineering design, software performance, intellectual property, trade secrets, and employee non compete issues, including buying, selling, developing, implementing, and licensing hardware, software and other technology. Also represents clients in litigating cases involving engineering design, avionics design, military equipment, computer software, polymers, electronics, optics, structures, mining systems and equipment, materials, antitrust, patent, copyright, trademark, trade secret, contract, construction, employee non-compete agreements, environmental regulation, civil rights, zoning and real property matters and other complex business cases. Member of Litigation Practice Group and IP Practice Group. Time equally divided representing plaintiffs and defendants. Successful as defense attorney in nationally prominent case of U.S. v. Schafer (Kent State National Guard criminal trial) in 1974. Has appeared before the U.S. Court of Appeals for the Sixth, Tenth, Eleventh, and Federal Circuits and the U.S. Supreme Court. Chair of the Visiting Committee, Case School of Engineering, Case Western Reserve University 1994-99. Member of the Case Advisory Board.

Work History

2017 - present - Independent arbitrator, 2017 - present - O f Counsel, Taft Stettinius & Hollister LLP, 2008-2016, Partner, Taft Stettinius & Hollister LLP (successor by merger to Kahn Kleinman Co. LPA.),1971-2008 Partner, Kahn Kleinman Co. LPA

Cases

Chemical vapor deposition license dispute Metal reprocessing dispute Enterprise Software implementation disputes Medical research disputes
Software license, copyright, and patent disputes,
Machine design disputes
Chemistry, polymer, mineral supply, and metallurgy disputes based disputes
Business contract disputes Construction disputes
Aircraft engine failure dispute
Multiple other technology or engineering based disputes

Training

Coordinated and chaired panel at ADR Technology Conference in NY co-sponsored by ACCA, AAA/ICDR, Silicon Valley Arbitration and Mediation Center, and ITECH Law. Attended numerous AAA and ICDR training programs for both arbitration and mediation.
Taught AAA ACE courses
Attended AAA/ICDR Neutrals\\’ Conferences, 2002, 2004, 2004, 2006, 2009, 2010, 2012, 2016
Attended CPR Annual Meeting and Seminars 2014, 2015, 2016, 2017, & 2018 /> Attended ABA DR Section Annual Meeting and Seminars 2014 & 2015
Presented at the ABA DR Annual Meeting chairing a panel on ADR in Technology and Innovation Cases Attended and presented at dozens of Cleveland Metropolitan Bar Association CLE programs on ADR Numerous Court sponsored ADR training by the U.S. District Court for the Northern District of Ohio

License(s)

Admitted:
Ohio
United States Supreme Court,
U.S. Courts of Appeals for the Sixth, 10th, 11th and Federal Circuits
U.S. Court of Claims
Northern District of Ohio
Southern District of Ohio
Eastern District of Wisconsin

Education

B.S. Engineering, with high honors, Case Western Reserve University 1968
J.D. cum laude, Harvard Law School 1971

Publications

Diamant, Michael H., et al. “Arbitrating Technology Cases: Considerations for Businesspeople and Advocates.” ADR Advocacy, Strategies, and Practices for IP and Technology Cases. Ed. Harrie Samaras, Chicago: ABA, Section of Intellectual Property Law, 2017. pp, 359-418. TECHNOLOGY MEDIATION, What’s the Problem?, Cleveland Metropolitan Bar Journal, July/August 2017. ADR in Technology and Applied Science Cases, A Better way, Dispute Resolution Journal, Volume 70, No. 1, p.p. 77-83, Effective ADR in Technology and Applied Science Cases, Cleveland Metropolitan Bar Journal, July/August 2014. Multiple local seminars regarding ADR generally and with regard to intellectual property and commercial contracts specifically. Speaker, \’Tips from Mediators,\’ Cleveland Metropolitan Bar Association, January 10, 2012. Speaker: \’Effectively Representing Your client in Arbitration,\’ Cleveland Metropolitan Bar Association, November 19, 2009; \’Using Mediation, Arbitration, or Other ADR Techniques to Assist in Settlement,\’ Litigating Trademark, Domain Name and Unfair Competition Cases, ALI/ABA, October 19-20, 2006; \’Strategies for Mediation and Other Forms of Alternative Dispute Resolution,\’ Litigating Trademark, Trade Dress, and Unfair Competition Cases, ALI/ABA, May 19-20, 2005; \’Strategies for Mediation and Other Forms of Alternative Dispute Resolution,\’ Litigating Trademark, Trade Dress, and Unfair Competition Cases, ALI/ABA, April 22-23, 2004; \’Representing your Client Effectively in Mediation and Arbitration,\’ Litigating Trademark, Trade Dress, and Unfair Competition Cases, ALI/ABA, January 3-4, 2002; \’Alternatives to Going to Trial, Settlement and ADR Methods,\’ Litigating Trademark, Trade Dress, and Unfair Competition Cases, ALI/ABA, December, 7-8, 2000; \’Alternatives to Trial,\’ Litigating Trademark, Trade Dress, and Unfair Competition Cases, ALI/ABA, November 18-19, 1999.

Awards

Best Lawyers in America 2006-2020, Arbitration,
Commercial Litigation, Mediation, ADR, Litigation
Intellectual Property
, International Arbitration Governmental,, 2013-2020 Super Lawyers, Business Litigation 2005-2019
, Alternative Dispute Resolution 2020 100 Top Lawyers in Ohio 2012, 2013
50 Top Lawyers in Cleveland, 2012, 2013
Master Bencher, Judge John M. Manos Inn of Court

Panels

AAA, Commercial, Large Case Commercial, IP
ICDR
CPR SVAMC Chartered Institute

Associations

American Bar Association
Ohio State Bar Association
Cleveland Metropolitan Bar Association
The Tech List and Exec. Committee, Silicon Valley Arbitration and Mediation Center
Fellow, College of Commercial Arbitrators
Fellow, Chartered Institute of Arbitrators