William H. Baker, Esq.
Baker ADR
71 Birch Brook Road
Bronxville, NY 10708
Hourly Rate $500
Current Baker ADR - Independent Arbitrator and Mediator
Practice 15
Cases 100+
Languages English
Baker ADR - Independent Arbitrator and Mediator
Arbitrator & Mediator, Baker ADR, 2016-Present; Alston & Bird, LLP, 2007-2015; Ropes & Gray, 2005-2007; Fish & Neave, 2004-2005; Marshall, Gerstein & Borun, 2001-2004; Head of Litigation, Sears, Roebuck & Company, 1997-2001; Partner, Nutter, McClennen & Fish, LLP, 1977-1996; Associate, Hale & Dorr, 1974-1976; Associate, Gibson, Dunn & Crutcher, 1972-1974.
Representative patent cases include claims with respect to a software model that valued fixed income securities; claims with respect to technology to predict the performance of untested chemical compounds; claim related to pharmaceutical patents; claims related to TSA luggage locks; and claims related to royalties due under patent licensing agreements, including claims related to standard-essential patents.

Representative trademark cases include issues related to fair use, geographical scope of trademark, use of common names, and reverse palming off.

Representative copyright cases include issues of fair use and use under license.

Representative theft-of-trade-secret cases include claims related to customer lists, technological inventions, and marketing strategy.

Numerous and varied breach of contract claims arising under commercial contracts of all types.

Numerous and varied employment claims, including wrongful termination, sex and age discrimination, and hostile work environment.

Product liability claims against car companies and other equipment manufacturers.

International cases including issues related to termination of franchise agreements and international manufacturing and supply agreement.

Construction claims including claims for defective construction and delay damages, including critical-path analyses.

Antitrust claims including group boycott and horizontal price fixing.

Varied class-action cases.
Mediated hundreds of cases as an advocate over a period of more than 40 years. Types of cases and issues are similar to those listed in “Experience as Mediator” section.
I view my role as principally facilitative. It is necessary to understand not only the legal issues, but also to understand thoroughly the parties needs and interests, and to build trust with both sides. This means not prematurely injecting my own opinions into the case. However, if towards the end of the session the gap between the parties has sufficiently narrowed and both parties wish my thoughts, I am willing to give them. I have also on occasion supervised a joint session in which the parties collectively brainstorm difficult issues under my ground rules.
Stuart Eisenstat, seizenstat@cov.com, 202 662 5519
Jamie B. Beaber, jbeaber@mayerbrown.com, 202 263 3153
William L. Prickett, wprickett@seyfarth.com, 617-946-4902
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.
Fellow, American College of Commercial Arbitrators; Fellow, Chartered Institute of Arbitrators (Past Secretary of New York Branch); London Court of International Arbitration (Past office of North American Users Council); Member of the Silicon Valley Arbitration and Mediation Center (SVAMC) and on its list of the world's leading technology neutrals; American Bar Association (Past Co-Chair of the International Litigation Committee of the Litigation Section); Arbitration Club of New York; Greater Boston Chamber of Commerce (Past Director).
Harvard University (JD-1972); Yale University (BA-1968).
Listed in Best Lawyers in America, International Arbitration, 2010-2016.
Selected by Corporate America Legal Elite as “Best in Intellectual Property Litigation- New York.”
PUBLICATIONS:
Book Chapter on "Class Action Arbitration," in INTERNATIONAL ARBITRATION IN NEW YORK, published by Oxford University Press, (2nd Ed. 2016); "Arbitrating IP Disputes," CONVERGENCE, Spring 2009; "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," 14 INTELLECTUAL PROPERTY & TECHNOLOGY LAW JOURNAL, 1; "Internal Investigations," SUCCESSFUL PARTNERING BETWEEN INSIDE AND OUTSIDE COUNSEL, West Group Publishing, 2000;

SPEAKING ENGAGEMENTS:
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); Presentation in Beirut, Lebanon, at request of the World Bank, to law and business school faculties on benefits of including mediation courses in their curricula (2012); 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), “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).
$500 Per Hour
English
United States of America
Bronxville, NY

The AAA provides mediators to parties on cases administered by the AAA under AAA mediation procedures. Mediations that proceed without AAA administration are not considered AAA mediations, even where parties select a mediator who is a member of an AAA mediation roster.