Arbitrator/Mediator - Attorney
Areas of Expertise:
✔ Biotech ✔ Class Actions
✔ Commercial/Business ✔ Construction
✔ Contract Disputes ✔ Copyrights
✔ Employment ✔ Franchise
✔ Health Care ✔ Intellectual Property
✔ International ✔ Internet
✔ Joint Ventures ✔ Legal Malpractice
✔ Licensing ✔ Personal Injury
✔ Pharmaceuticals ✔ Professional Liability
✔ Software ✔ Technology
✔ Torts ✔ Trademarks
✔ Trade Secrets and Confidentiality Disputes
Before deciding to devote himself full-time to his arbitration and mediation practice, Bill was a litigator in the New York office of Alston & Bird, where he specialized in patent and other IP litigation, as well as serving as both a neutral and an advocate in international and domestic arbitration matters and as a mediator. During his tenure at Alston, Mr. Baker was selected by Corporate America Legal Elite as "Best in Intellectual Property Litigation – New York." Immediately before Alston he practiced with Fish & Neave and then Ropes & Gray after its acquisition of Fish & Neave. Mr. Baker's previous positions, before moving to New York and specializing in IP and arbitration and mediation matters, include practicing as a partner for 20 years with the Boston firm, Nutter, McClennen & Fish, where he handled a broad cross-section of commercial and tort litigation cases. Past Co-Chair of the International Litigation Committee of the ABA. Selected by the World Bank to make a presentation to law and business school faculties in Beirut, Lebanon on the benefits of mediation and the need for more courses on the subject. •Former officer of the New York Branch of the London Court of International Arbitration (LCIA). •Served on arbitration advisory committees for ICDR, AAA, USCIB, CPR, and on the Advisory Board of the Institute for Transnational Arbitration. •Previous Chair of the Arbitration Committee of the Intellectual Property Owner’s Association (IPO) and listed by it as one of 20 arbitrators/mediators recommended to its members. •Previously on the list of neutrals recommended by the American Intellectual Property Association (AIPLA) to its members for the resolution of IP disputes. •On the mediation panels for the United States District Court for the Southern District of New York, the United States District Court for the Eastern District of New York, andthe CommercialCourt of NewYorkState. •On the panel of arbitrators that resolves attorney-client fee disputes for New York County. •On the arbitration rosters of WIPO, LCIA, ICC (USCIB), ICDR, and the AAA, among others.
BakerADR, 2016- present; Alston & Bird, LLP, 2007-2015; Ropes & Gray, 2005- 07;Fish & Neave, 2004-05; Marshall, Gerstein & Borun, 2001-04; Head of Litigation, Sears, Roebuck & Company, 1997-01; Nutter, McClennen & Fish, LLP, 1977-96; Hale & Dorr, 1974-76; Gibson, Dunn & Crutcher, 1972-74.
Mr. Baker has served as panel chair, wing arbitrator, or sole arbitrator in numerous international and domestic matters. The disputes have ranged in size from low six-figure damage claims to claims in excess of $1 billion. A representative list of some of the disputes in which he has served as an arbitrator is set forth below: • A dispute involving claims of patent infringement, antitrust violations, breach of fiduciary duty, and unfair and deceptive business practices relating to the licensing of pharmaceutical patents. • A claim arising out of the shipment of railway cars manufactured in Canada. • A dispute relating to royalties due under a license of biotech patents. • A claim relating to allegedly defective electronic devices shipped from Taiwan. • A breach of contract claim relating to the shipment of vanilla beans from Africa. • A dispute relating to software contracts in Russia. • A claim arising out of the termination of a distributorship arrangement in France. • A dispute relating to infringement of biological patents. • A claim for fraudulent inducement, mutual mistake, and breach of contract with respect to an agreement to invest in several projects in Russia. • A claim for breach of contract, tort and environmental pollution arising out of oil drilling in Ecuador. • A contractual dispute alleging inadequate supervision and conduct of a worldwide Stage 3 drug trial for a drug used in cancer treatment. • A claim for failure to pay legal fees in connection with representation of a subsidiary of a jewelry company in Monaco and a counterclaim for legal malpractice. • A dispute relating to the termination of a joint-venture in Africa in the telecommunications industry. • Claims for legal malpractice and theft of trade secrets in connection with legal representation in a patent infringement case. • A claim against a law firm for professional negligence in preparing and reviewing certain assignment agreements. • A claim for breach of a partnership agreement. • A claim for underreporting of royalties and a counterclaim for discriminatory license terms in violation of European antitrust approvals in connection with the licensing of a pool of patents in the electronics industry. • Numerous class action disputes arising out of arbitration clauses in consumer contracts. • Miscellaneous breach of contract and construction disputes. Mediation Cases Mr. Baker has mediated disputes involving an extremely wide range of subject matters with alleged damages ranging from low, five-figure amounts to amounts well in excess of one hundred million dollars. A representative list of some of the disputes he has mediated is set forth below: • Claim for wrongful termination and theft of trade secrets with respect to a software model that values the risk portfolios of different fixed income securities. • Claim of theft of trade secrets and patent infringement with respect to computer modeling technology to predict the performance of untested chemical compounds. • Numerous and varied breach of contract claims arising under a wide variety of commercial contracts. • Claim against a mortgage company for failure to fulfill its obligations under federally sponsored Home Affordable Mortgage Program to home owners in financial distress. • Claim against multiple companies in the luggage industry for infringement of patents relating to luggage locks that can be opened for TSA security inspections without damaging the locks or impairing the security of the luggage. • Numerous and varied employment claims including wrongful termination, sex and age discrimination, and workplace harassment. • Fraud, theft of trade secrets, Lanham Act, false advertising, and reverse palming off of trade dress claims involving companies in the advertising industry. • Numerous and varied product liability claims for wrongful death or serious injury against car companies and other equipment manufacturers. • Numerous and varied construction claims including claims for defective construction and delay damages. • Miscellaneous claims for violation of civil rights under 28 USC Section 1983.
Taught arbitration and mediation as an adjunct professor at Carodozo Law School for many years. Representative training courses include: Smarter Faster Cheaper Technology Dispute Resolution Conference, 2018; AAA eDiscovery: Arbitration in a Digital World; 2015; AAA, Resolving eDiscovery Disputes in Large, Complex Arbitrations – A Guide for Arbitrators; AAA The Extent or Limit of Mediator Influence to Effect Settlement 2015; ICDR International Symposia in Advanced Case Management Issues, 2011; Mediator Training, 2006; AAA International Arbitration Symposium, 2003; AAA International Arbitrator Training, 2000; AAA Intermediate Arbitrator Training, 1992; AAA Advanced Mediator Training on the Limits of Mediator Influence on Settlement, 2015; US District Court for the Eastern District of New York (EDNY) Insurance Coverage Mediation Training, 2014; US District Court for the Southern District of New York (SDNY) Employment Mediation Training, 2014; SDNY Civil Rights Mediation Training, 2014; CPR Advanced Mediator Training, 2007; WIPO Advanced Training on Mediating Intellectual Property Disputes, 2007; AAA Mediator Training, 1993.
Admitted to the Bar: California, 1972, Massachusetts, 1974, Illinois, 2002, New York, 2005; U.S. Supreme Court, 1980.
Listed in Best Lawyers in America, International Arbitration, 2010-2016. Selected by Corporate America Legal Elite as “Best in Intellectual Property Litigation- New York.” List by the SiliconValley Arbitration and Mediation Association (SVAMA) on its limited “List of the World’s Leading Technology Neutrals.”
On the arbitration rosters of WIPO, LCIA, ICC (USCIB), ICDR, and the AAA, among others.
ABA, New York State Bar Assn., New York City Bar Assn.
Graduate of Harvard Law School (1972) and Yale University (1968).
Representative Presentations . Panelist on SVAMC Webinar on "Arbitrating Patent Validity Issues," (2020) . Panelist on "Arbitrating Intellectual Property Issues," Sponsored by Debevoise & Plimpton and SVAMC, New York (2019) • Panelist, "International Arbitration: Trends and Opportunities," New York City Bar Association, New York (2015) • Presenter, "Fundamentals of International Arbitration," American Corporate Counsel (ACC) Annual Meeting, San Jose (2014) • Panelist, "Recent Developments in Arbitration Time and Cost Management," CPR Annual Meeting, New York (2009) • Presenter, "International Arbitration Fundamentals," IBA Program on International Arbitration, New Orleans (2009) • Panel moderator, "Making Arbitration Faster, Cheaper and More Accountable," CPR Annual Meeting, New York (2008) • Panelist "Learn How to Enhance your Mediation Skills to Better Represent Your Client," AIPLA Spring Meeting, Houston (2008) • Panelist, "Hot Topics in Mediation," IBA Annual Meeting, Buenos Aires (2008) • Panelist, "Arbitrating IP Disputes" ICC Program on International Arbitration, San Francisco (2007) • Panelist, "Frequently Encountered Business Issues in IP Mediation," IPO Annual Meeting, New York (2007) • Panelist, "Deal Mediation," IBA Annual Meeting, Singapore (2007) • Panelist, CIDRA Symposium on International Arbitration, Chicago (2003) • Presenter, "International Discovery Techniques," PLI Program on International Business Litigation and Arbitration, New York (2001-03) • Panel Moderator, "Comparative Analysis of Arbitration vs. Litigation to Resolve International Disputes," ABA program on Dispute Resolution in Asia, San Francisco (1997) • Panel Moderator, ABA Program on Comparative Analysis of International Arbitration Systems, Washington (1997) • Speaker and Mock Trial Participant, ABA Program on Litigation and Arbitration in the Pacific Rim, Hong Kong (1995) Representative Articles . Book Chapter on "Arbitrability" in Arbitration of International IP Disputes (Halket, Thomas ed.) (202)) • "Arbitrating Patent Disputes in the United States," Bright Ideas (New York State Bar Association) (Fall 2016) (Vol. 23) (No. 2) • "Arbitrating IP Disputes," Convergence (Spring 2009) • "Class Action Arbitration," International Arbitration in New York, Oxford University Press (2010) • "The Supreme Court's Recent Ruling on the Permissible Scope of Review of Arbitral Awards and its Implications," Trends in Litigation (Winter 2008) • "Class Action Arbitration in The United States: What Foreign Counsel Should Know," Dispute Resolution International (IBA, June 2007) • "Responding to Multiple-Defendant Patent Assertions: Techniques for Combating Patent Claims that have Industry-wide Applicability," IP Litigator, July/August 2004 • "The Lemelson Patents: A Retrospective," Intellectual Property and Technology Law Journal, July 14, 2004 • "Obtaining Evidence: International Discovery Techniques - The Taking of Evidence Abroad for Use in American Courts," International Business Litigation & Arbitration, PLI Program (2002)