Profession
Attorney – Law School Faculty
– International and Domestic Commercial Mediation/Arbitration
Work History
Senior Fellow, Stanford Law School,
1995 – Present; Partner, Graham and James, San Francisco, 1990-95;
Executive Vice President / General Counsel, Bank of America, 1975-80; Assistant
General Counsel / Corporate Secretary, General Motors Corporation, 1953-75;
Associate, Kadel & Wilson, New York, 1949-53.
Experience
Forty years as a litigator,
including personal trial and appellate appearances in all U.S. Circuits, U.S.
Supreme Court and courts of several states, addressing antitrust, corporate and
product liability litigation for General Motors. Defense of major consumer,
class, derivative and lender liability litigation for Bank of America,
including management of 2000 cases as General Counsel from 1975-90. As
Corporate Secretary for General Motors and General Counsel for Bank of America,
close involvement with corporate boards and executive officers in responding to
stockholder, public and regulatory demands; preparation of appropriate
corporate legal and regulatory compliance programs; creation and application of
successful defenses to corporate takeover litigation. As Partner at Graham
& James, negotiated and drafted international commercial agreements
representing major U.S. and foreign corporations. Presented programs reviewing
U.S. dispute resolution developments to members of the Japan Federation of
Economic Organizations (Keidauren) in Tokyo, the International Development Law
Institute in Rome, and the Vietnam Ministry of Justice in Hanoi.
Alternative Dispute Resolution Experience
Chief arbitrator in several major
domestic and international commercial arbitration in disputes including:
performance of investment advisory services by major financial institution;
sale and distribution of machine tools manufactured in Japan and marketed in
U.S.; sale and distribution of personal computers manufactured in Korea and
marketed in U.S.; product performance and appropriation involving major
software producer and international corporate user; product performance and
warranty service obligations of major engine manufacturer; performance and
financing of wind energy machines; sale of aerospace components manufactured in
Japan and marketed in Pakistan; interpretation and application of international
commercial franchise and licensing agreements involving U.S. and Brazilian
corporations; pharmaceutical licensing and distribution agreements involving
U.S. and Taiwanese Corporations. Arbitration panelist for : Hong Kong
International Arbitration Centre; Vancouver Centre for Commercial Disputes;
Japanese Commercial Arbitration Association; London Court of International
Arbitration; China International Economic and Trade Arbitration Commission;
Korea Board of Arbitration; International Chamber of Commerce, Paris.
Alternative Dispute Resolution Training
AAA International Arbitrator
Training, New York, 11/99; AAA Commercial Arbitrator Training Workshop, San
Francisco, 4/99; London Court of International Arbitration Training, 1995,
1992, 1990; Faculty, AAA International Arbitrator Training Programs, 1994-97,
1992; AAA Arbitrator Training, San Francisco, 1994, 1992; AAA Mediator
Training, San Francisco, 1993; Chartered Institute of Arbitrators, London,
1993; Harvard Law School, Mediator/Arbitrator Courses, 1992, 1991; Faculty,
International Commercial Dispute Resolution, 1990-present.
Professional Licenses
Admitted to the Bar: New York, 1950;
Michigan, 1953; California, 1976; U.S. Supreme Court, 1961; all U.S. Circuit
Courts; all U.S. District Courts located in New York, Michigan and California.
Professional Associations
American Bar Association (Past
Chair, Section of Corporation, Banking and Business Law; Past Chair,
International Commercial Arbitration Committee); Southwestern Legal Foundation,
International and Comparative Law Center (Past Chair); International Bar
Association; American Arbitration Association (Past member, Board of
Directors); Asia/Pacific Center for Resolution of International Business
Disputes (Co-Chair); Chartered Institute of Arbitrators, London (Fellow);
London Court of International Arbitration (Council member); Stanford Law School
(Co-Chair, Center on Conflict and Negotiation).
Education
Rutgers University (BA-1947);
Harvard Law School (LLB – 1949).
Publications and Speaking Engagements
“Dispute Resolution and the
Corporate Law Firm”, AAA ARBITRATION JOURNAL, Vol. 45, No. 1, March 1990;
“Anatomy of a Business Dispute: Successful ADR Analysis by the Office of
General Counsel”, AAA ARBITRATION JOURNAL, Vol. 45, No. 3, September 1990;
“The Resolution of Transnational Commercial Disputes Throughout the
Pacific Rim Trading Area”, SOUTHWESTERN LEGAL FOUNDATION, Matthew Bender,
1992; “The Resolution of Intellectual Property Disputes Involving East
Asian Parties”, HASTINGS INTERNATIONAL AND COMPARATIVE LAW REVIEW, 1996.
